Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Thursday 17 May 2018
Jackson County Resident Charged with Drug OffensesRead the Press Release
On May 8, 2018, Dwayne L. Watson, a/k/a "C," 44, of Murphysboro, Illinois, was charged by indictment with two counts of Unlawful Distribution of Heroin and one count of Unlawful Distribution of Cocaine, United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today. The indictment alleges that the offenses occurred in Jackson County on October 27, 2017, February 7, 2018, and March 6, 2018. On May 14, 2018, Watson made his initial appearance in federal court. He was ordered held without bond pending a July 9, 2018 jury trial.
Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury. The drug offenses each carry a maximum penalty of up to 20 years imprisonment, three years supervised release, and a fine of $1,000,000.00.
The ongoing investigation is being conducted by the Southern Illinois Drug Task Force. The Jackson County States Attorney’s Office also assisted in the investigation.
Illegal alien living in Abbeville pleads guilty to possessing child pornographyRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced that an illegal alien from Mexico pleaded guilty Wednesday to using his phone and an online account to acquire and possess child pornography.
Paul Armenta-Bojorquez, 33, of Mexico, but who resides in Abbeville, Louisiana, pleaded guilty before U.S. Magistrate Judge Carol Whitehurst to one count of possession of child pornography. The plea will become final when accepted by U.S. District Judge S. Maurice Hicks Jr. According to the guilty plea, law enforcement agents interviewed Armenta-Bojorquez on November 13, 2017 regarding possession of child pornography. He told agents that he received the child pornography through his phone and then transferred it onto an online account. Law enforcement agents reviewed the material found on the online account, and it contained child pornography. Some of the material was of children who were younger than 12.
Armenta-Bojorquez faces up to 20 years in prison, five years to life of supervised release, mandatory registration as a sex offender and up to a $250,000 fine. The court set sentencing for August 22, 2018.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines 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 U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app. Tips may be submitted anonymously.
The U.S. Department of Homeland Security and the Louisiana Attorney General’s Louisiana Bureau of Investigation Cyber Crime Unit conducted the investigation. Assistant U.S. Attorney Dominic Rossetti is prosecuting the case.
Illegal alien from Mexico sentenced to 30 months in prison for reentering the U.S. for fifth timeRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced that an illegal alien from Mexico was sentenced last week to two and a half years in prison for reentering the United States after being deported four times.
Fernando Garcia-Lopez, 37, of Tumbiscatio, Michocan, Mexico, was sentenced Friday by U.S. District Judge Elizabeth E. Foote on one count of illegal reentry of an illegal alien. According to the February 1, 2018 guilty plea, Vermilion Parish Sheriff’s deputies conducted a controlled buy of marijuana on March 9, 2017 at Garcia-Lopez’s Abbeville, Louisiana, residence. He was arrested and provided a false identity to law enforcement. After his actual identity was discovered, he was also found to have been deported in 2010, 2012, 2013 and 2015.
Homeland Security Investigations and the Vermilion Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Robert F. Moore prosecuted the case.
Indianapolis Man Charged in Large-Scale Fraud SchemeRead the Press Release
Alleged to have written thousands of bogus checks at area Kroger stores to purchase gift cards
PRESS RELEASE
Indianapolis – United States Attorney Josh Minkler today announced federal charges against an Indianapolis man for his role in organizing a fraud ring that utilized fraudulent checks to purchase gift cards and merchandise from stores throughout the country, to include area Kroger stores. Frank D. Powell 28, Indianapolis, was charged in a ten count Indictment, including seven counts of wire fraud, one count of attempted bank fraud, one count of aggravated identity theft, and one count of false statements to a financial institution.
“Individuals who defraud local business and banks drive up prices for all consumers,” said Minkler. “Those who chose to swindle others in this district will be held accountable.”
According to the indictment, between January 2016 and April 8, 2018, Powell and others presented and used fraudulent checks at Kroger stores in at least 12 states, many of which were in the Indianapolis area, to purchase gift cards and merchandise. The government alleges that Powell and his associates used more than 5,000 fraudulent checks during the course of the fraud scheme in at least thirty different individual and business names, such as “Frank Powell”, “Frank Pawell” and “Pawell Child Care LLC.” After processing, the checks would ultimately be returned to Kroger as “account closed, forged, non-sufficient funds or unable to locate account.”
In a second scheme, on March 12, 2018, Powell attempted to defraud a local bank and car dealership when he tried to obtain financing for the purchase a Cadillac Escalade using the identity of another person (victim), without that victim’s knowledge or authorization. Powell used the name, address and social security number of that victim, along with a fraudulent Illinois driver’s license that contained the victim’s information but Powell’s photograph, during the loan application process. When employees at the car dealership determined that Powell was not the individual described in the loan application, Powell allegedly offered one of the employees a sectional sofa to not report his illegal activity.
This case was investigated by the Federal Bureau of Investigation, Hamilton County Prosecutor’s Office, Fishers Police Department, Carmel Police Department, Johnson County Sheriff’s Department, Indianapolis Metropolitan Police Department and Kroger’s Organized Retail Crime Investigators, Central Division.
"This indictment sends a clear message that the FBI will aggressively investigate those who commit financial fraud," said Grant Mendenhall, Special Agent in Charge of the FBI's Indianapolis Division. "It also highlights the strong relationships we have with our local law enforcement partners in pursuit of those who take advantage of others through their illegal and criminal behavior.
“Kroger admires the diligence of every agency involved in this investigation,” said Eric Halvorson, Manager of Corporate Affairs, The Kroger Co., Central Division. “We know it required a substantial effort from the store level up to the U.S. Attorney’s Office. We are pleased the partnership produced the evidence that led to this indictment.”
According to Assistant United States Attorney MaryAnn T. Mindrum, who is prosecuting this case for the government, Powell could face up to 30 years’ imprisonment on bank-related charges, up to 20 years’ imprisonment on each of the wire fraud charges, and a mandatory minimum of 2 years’ imprisonment on the aggravated identity theft charge, to be served consecutive to any other sentence, if convicted.
An indictment is only a charge and not evidence of guilt. All defendants are considered innocent until proven otherwise in federal court.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution sentencing demonstrates the office’s firm commitment to partner with federal and local law enforcement agencies to prosecute complex and large-scale fraud schemes that undermine faith in the markets, as well as to prosecute sophisticated identity fraud organizations. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Sections 4.5 and 5.1)
###
Houston Man Sentenced for Cocaine ConspiracyRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that MILTON CARLOS SEGURA-SANCHEZ, age 36, from Houston, Texas, was sentenced on May 16, 2018 by United States District Judge Sarah S. Vance.
SEGURA-SANCHEZ pled guilty to conspiracy to distribute one kilogram or more of cocaine hydrochloride, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 846.
Judge Vance sentenced SEGURA-SANCHEZ to 88 months imprisonment. Upon release, SEGURA-SANCHEZ will serve a 4 year term of supervised release. Additionally, the defendant was ordered to pay a $100 special assessment.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Homeland Security Investigations, in investigating this matter. Assistant United States Attorney Jonathan L. Shih is in charge of the prosecution.
* * *
Houma Man Pleads Guilty to Heroin ChargesRead the Press Release
U.S. Attorney Duane A. Evans announced that MICHAEL C. CRAWFORD, JR., age 42, of Houma, pled guilty today to three counts of distribution of heroin.
According to court documents, on January 20, 24, and 30, 2018, CRAWFORD distributed a quantity of a mixture containing a detectible amount of heroin. For each charge, CRAWFORD faces a term of imprisonment of up to twenty years, at least three years of supervised release following any term of imprisonment, and a fine of up to $1,000,000.
Judge Ivan L. R. Lemelle set sentencing for August 20, 2018.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration and the Terrebonne Parish Sheriff’s Office. Assistant U.S. Attorneys Nicholas D. Moses, André Jones, and James Baehr are in charge of the prosecution.
Houma Man Indicted for Possession of Child PornographyRead the Press Release
NICHOLAS GARCIA (“GARCIA”), age 32, of Houma, Louisiana, was indicted today for possession of child pornography, announced United States Attorney Duane A. Evans.
On February 21, 2018, law enforcement officers with the Louisiana Bureau of Investigation arrested GARCIA after finding that GARCIA was in possession of a Samsung Galaxy tablet that contained images and videos depicting the sexual victimization of prepubescent children.
Court records also revealed that GARCIA was previously convicted on December 14, 2009, in Terrebonne Parish Criminal District Court for indecent behavior with juveniles and was sentenced to five (5) years imprisonment.
U. S. Attorney Evans reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
Due to his prior conviction, if convicted, GARCIA faces a mandatory minimum penalty of ten (10) years imprisonment up to twenty (20) years, followed by up to a life term of supervised release, and a $250,000.00 fine. In addition, GARCIA will be required to register as a sex offender pursuant to the Sex Offender Registration and Notification Act.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
U.S. Attorney Evans praised the work of the U. S. Department of Homeland Security, Homeland Security Investigations, the Louisiana Bureau of Investigation, and Terrebonne Parish Sheriff’s Office in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba.
Honduran National Sentenced for Illegal Use of a Social Security NumberRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced that ALLAN ARZU MATAMOROS-BANEGAS (“MATAMOROS-BANEGAS”), age 31, was sentenced today after pleading guilty to a one-count Bill of Information that charged him with illegal use of a social security number in violation of Title 42, United States Code, Section 408(a)(7)(B).
According to court records, MATAMOROS-BANEGAS knowingly and with the intent to deceive, falsely represented that a social security number was assigned to him by the Commissioner of Social Security when, in fact, as MATAMOROS-BANEGAS knew, the social security number had not been assigned to him. His deception and illegal use of the social security number was done for the purpose of obtaining employment located in the Eastern District of Louisiana. United States District Judge Carl J. Barbier sentenced MATAMOROS-BANEGAS to a term of imprisonment of time served, a term of supervised release of one year, and a mandatory $100 special assessment.
U.S. Attorney Evans praised the work of the U. S. Department of Homeland Security in investigating this matter. Assistant U. S. Attorney Michael M. Simpson is in charge of the prosecution.
* * *
Henderson Man Sentenced for Sex Trafficking of A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carl Burdick, 59, of Henderson, NY, who was convicted of transporting a minor across state lines for the purpose of engaging in sexual conduct, was sentenced to 20 years in prison and 10 years supervised release by U.S. District Judge Charles J. Siragusa. The defendant will also have to register as a sex offender.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that Burdick, a long haul truck driver, utilized text messaging and social media to develop a sexual relationship with a 15-year-old female living in the Western District of New York. The defendant engaged in grooming activity over a period of several months in 2015, during which he solicited nude photographs from the victim. In the summer of 2015, Burdick took the victim from her home in Wayne County to the State of Montana in his tractor-trailer, during which time the defendant engaged in criminal sexual activity with the victim.
The sentencing is the result of an investigation by the Wayne County Sherriff’s Department, under the direction of Barry Virts; the Monroe County Sherriff’s Department, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Richard Allen; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert. Additional assistance was also provided by the Bivona Child Advocacy Center.
Haughton man pleads guilty to distribution of methamphetamine obtained in DallasRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that a Haughton man pleaded guilty Tuesday to distribution of methamphetamine the defendant obtained in Dallas.
Jason Rich, 47, of Haughton, Louisiana, pleaded guilty before U.S. District Judge Elizabeth E. Foote to one count of possession with intent to distribute methamphetamine. According to the guilty plea, law enforcement agents obtained information that Rich was a methamphetamine and marijuana distributer in Haughton. After conducting an investigation, agents learned that Rich may have traveled to Dallas, Texas, to obtain drugs and was on his way back. A Louisiana State Police trooper stopped Rich’s vehicle May 3, 2018 near the intersection of Interstate-220 and Louisiana Highway 80. The trooper searched the vehicle and found a semi-automatic handgun, 141.3 grams of methamphetamine, 36.5 grams of the marijuana, and three blue and white capsules containing approximately 31.1 grams of methamphetamine. Rich said he knew about the firearm and had purchased 4 ounces of methamphetamine from two different sources in the Dallas area.
Rich faces 10 years to life in prison, at least five years of supervised release and up to a $10 million fine. The court set a sentencing date of September 7, 2018.
The case was investigated by the DEA and the DEA task force, which consists of state and local agencies like the Louisiana State Police and Caddo Parish Sheriff’s Office. Assistant U.S. Attorney Mary J. Mudrick is prosecuting the case.
Grenada Woman Sentenced to over 14 Years in Federal Prison on Drug ChargesRead the Press Release
Gulfport, Miss. – Tambra Brown, 30, of Grenada, was sentenced today by U.S. District Judge Sul Ozerden, Jr. to 175 months in federal prison, followed by 5 years of supervised release, for conspiracy to possess with intent to distribute 500 grams or more of cocaine and 50 grams or more of actual methamphetamine, announced U.S. Attorney Mike Hurst and Drug Enforcement Administration Assistant Special Agent in Charge Derryle Smith. Brown was also ordered to pay a $3,000.00 fine.
During the investigation of a drug conspiracy ring, DEA agents learned through cooperating sources that Brown was involved in transporting narcotics from Texas to the Mississippi Gulf Coast. At least three cooperating sources identified Brown and provided information about her participation in the conspiracy. According to the sources, Brown would travel from Grenada, Mississippi, to Houston, Texas, where she would pick up the methamphetamine, cocaine or large amounts of United States currency and then then travel to the Gulf Coast. During another individual’s arrest, agents located some of the methamphetamine that was involved in the conspiracy, which had a 90% purity level.
The case was investigated by the Drug Enforcement Administration, Mississippi Bureau of Narcotics and Gulfport Police Department. It was prosecuted by Assistant U.S. Attorney Kathlyn R. Van Buskirk.
Great Falls Felon Sentenced for Gun PossessionRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced today that 31-year old Daniel Gonzalez of Great Falls was sentenced to 30 months in prison, three years of supervised release, and a $100 special assessment. U.S. District Judge Brian M. Morris presided over the hearing.
In June of 2017, Great Falls law enforcement searched for Gonzalez in relation to a shooting that had occurred in Great Falls. Officers were aware that Gonzalez typically carried a firearm and had an outstanding warrant. On June 12, 2017, officers received information that Gonzalez was still in town. Detectives subsequently located Gonzalez sitting in the passenger seat of a car in a parking lot. They could not see any other occupants in the car. Officers approached the car and arrested Gonzalez.
Detectives received permission to search the car and retrieved a black handgun from underneath the passenger seat where Gonzalez had been seated. The handgun was loaded with round in the chamber; the magazine also contained several rounds of ammunition.
Gonzalez admitted that he was a heroin user and had been seeking drugs. He also admitted that the gun found underneath the passenger seat of the car was his firearm. He said he had received the firearm as payment for a heroin deal that had occurred a few months prior. Gonzalez added that it was necessary to carry a gun in Great Falls because everyone had a firearm.
Gonzalez has an extensive criminal history that includes prior convictions for thefts, burglaries, assaults, and domestic violence, and is prohibited from possessing firearms.
The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls Police Department.
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.
Great Falls Businessman Pleads Guilty to Wire Fraud and Money LaunderingRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced that Jay Nash, 50, of Great Falls, Montana, pleaded guilty to Wire Fraud and Money Laundering during a federal court hearing on May 16, 2018, in Great Falls, Montana, before U.S. District Judge Brian M. Morris. Nash faces a federal prison sentence of up to 30 years, a $500,000 fine, restitution of over $800,000, and a $200 special assessment.
In an Offer of Proof, Assistant U.S. Attorneys Ryan Weldon and Thomas Bartelson stated the Government would have proved Nash obtained a warranty deed on the property owned by a victim. The parties entered into a Promissory Note, which outlined that Nash would pay the victim an amount equal to the value of the house. The Promissory Note was secured by a mortgage, which was never filed with Cascade County. Four months later, Nash took out mortgages on the property totaling over $180,000. Nash ultimately sold the property and did not give the proceeds of the sale to the victim.
As part of the investigation, agents tracked where Nash spent the victim’s money from the two mortgages and the ultimate sale of the house. Agents discovered that Nash spent the money on boats, furniture, sex toys, his mother’s house, and other unrelated living expenses. None of those expenditures were approved by the victim, nor was the money given for that purpose.
The investigation also revealed three other victims. Similarly, Nash entered into promissory notes with these additional victims and spent the money on unauthorized purchases, including ATVs, tax payments to the IRS, and a motorhome. In one example, Nash spent over $430,000 of victim money in less than 120 days.
Sentencing is set for September 27, 2018, at 10:00 a.m., at the Missouri River Courthouse, in Great Falls, Montana, before U.S. District Court Judge Brian M. Morris.
This case was investigated by the Internal Revenue Service Criminal Investigation, the Federal Bureau of Investigation, and local law enforcement.
Georgia Man Pleads Guilty to Illegally Possessing a FirearmRead the Press Release
Gulfport, Miss – Horace M. Rutledge, Jr., 44, of Atlanta, Georgia, entered a guilty plea today before U.S. District Judge Louis Guirola, Jr. to possession of a firearm by a convicted felon, announced U.S. Attorney Mike Hurst.
Rutledge admitted he brought a .50 caliber rifle, a multi-caliber rifle with two 30-round magazines, and a multi-caliber pistol to a confidential informant as the second down payment for cocaine on September 23, 2017. On August 27, 2017, Rutledge brought $27,500 to Gulfport as a down payment for cocaine. Rutledge and others were part of conspiracy that was attempting to purchase as much as 50 kilos of cocaine from a DEA confidential informant. They wired money to Gulfport along with bringing cash and the firearms. Rutledge has four previous convictions for second degree assault, felony resisting arrest, possession of a firearm, and sale of a firearm as a second offender from Nassau County, New York.
Rutledge faces a potential maximum sentence of 10 years in prison and a $250,000 fine. Sentencing is set for August 16, 2018, at 10:00 a.m. before U.S. District Judge Sul Ozerden.
The case was investigated by the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is prosecuted by Assistant United States Attorney Annette Williams.
Georgetown Man Convicted of Federal Narcotics and Firearms OffensesRead the Press Release
Charleston, South Carolina ---- Tywone Eli Reed, age 38, of Georgetown, South Carolina, was convicted in federal court, in Charleston, of possession with intent to distribute 100 grams or more of heroin, as well as a quantity of cocaine and crack cocaine; possession of firearms and ammunition by a convicted felon; possession of a firearm with an obliterated serial number; and possession of firearms in furtherance of a drug trafficking crime. Senior United States District Judge P. Michael Duffy, of Charleston, presided over the trial and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the trial established that on September 2, 2016, the 15th Circuit Drug Enforcement Unit, comprised of narcotics investigators from local law enforcement agencies in Georgetown and Horry counties, executed a search warrant at the defendant’s residence. In the defendant’s kitchen, agents found over 200 grams of heroin, almost 225 grams of cocaine and approximately twenty grams of crack cocaine, along with paraphernalia used to manufacture crack cocaine and package narcotics for distribution. In the defendant’s bedroom, agents recovered two loaded handguns on the nightstand, a loaded .556 caliber rifle leaning against the wall and a .22 caliber handgun in a drawer. They also recovered approximately $3,800 from the defendant’s bedroom. Agents recovered a total of 439 rounds of various caliber ammunition from the defendant’s kitchen and bedroom. Evidence also showed that a six year old child was in the defendant’s residence at the time the search warrant was executed, despite agents waiting until school was in session to execute the search warrant.
Bill Knowles, Commander of the 15th Circuit Drug Enforcement Unit, stated, “We appreciate the working relationship that the DEU has with the United States Attorney’s Office and we are pleased with the jury’s decision to hold the defendant responsible for choosing to deal dangerous narcotics while heavily armed in our community.” United States Attorney Drake added, “In the U.S. Attorney’s Office, we do our best work when we work closely with our state and local law enforcement. Many thanks to the 15th Circuit Drug Enforcement Unit and the DEA for the investigation that lead to getting this heavily armed heroin dealer off the street.”
Ms. Drake stated that Reed faces a mandatory minimum of ten years’ imprisonment and a maximum penalty of life imprisonment.
The case was investigated by agents of the 15th Circuit Drug Enforcement Unit, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Georgetown County Sheriff’s Office, City of Georgetown Police Department and the 15th Circuit Solicitor’s Office. Assistant United States Attorneys Nick Bianchi and Chris Schoen of the Charleston office tried the case.
#####
Gang Member Sentenced for Multiple ChargesRead the Press Release
CORPUS CHRISTI, Texas - A 25-year-old Corpus Christi resident and member of the Texas Mexican Mafia has been sentenced to federal prison on charges of sex trafficking of a child as well as firearms and drug trafficking charges, announced U.S. Attorney Ryan K. Patrick. Marcus Anthony Tunchez was convicted on charges of sex trafficking of a child after a one-day trial that occurred Dec. 14, 2017. Tunchez had previously entered a guilty plea for the drug trafficking and narcotics charges prior to trial.
Today, U.S. District Judge Nelva Gonzales Ramos sentenced Tunchez to 151 months in prison on the charges of sex trafficking of a child. He also received 60 months for distributing methamphetamine as well as 60 months for being a felon in possession of a firearm. The sentences will run concurrently for a total 151-month-term of imprisonment. Tunchez was further ordered to serve 10 years on supervised release on each of his cases following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender.
At the hearing, the court also heard testimony from a federal agent who reported that in August 2017, Tunchez attempted to rob someone. During the course of the robbery, Tunchez pointed a firearm at the victim’s head and fired a round that narrowly missed him. The victim was able flee and flagged down a police officer. The agent also testified that Tunchez used a social media application to advertise methamphetamine and used several local hotels to prostitute women and distribute methamphetamine.
During trial, U.S. District Judge heard about a joint investigation targeting gang members in the Corpus Christi area involved in narcotics trafficking and the sex trafficking of children. Tunchez was one of those identified as a member of the Mexican Mafia gang involved in both methamphetamine distribution and sex trafficking.
In May 2017, Tunchez began selling methamphetamine to an undercover officer and said he acted as a pimp to several young women. Tunchez explained he created and posted advertisements on a commercial sex website for the young women who then gave half the proceeds from their commercial sex acts to Tunchez. During the investigation, authorities also learned Tunchez was a convicted felon and discovered a social media posting of a video depicting Tunchez firing a pistol at a gun range in Corpus Christi.
In September 2017, Tunchez met with the undercover officer for the purpose of sex trafficking a child he believed was a 14-year-old girl. Tunchez expected to meet the child and transport her to a hotel where she would engage in a commercial sex act. Tunchez expected to receive 20 percent of the proceeds. He was taken into custody upon his arrival at the designated meeting place.
At trial, he attempted to convince the court that he intended to rob the undercover officer and not commit a sex trafficking crime. Judge Ramos did not believe his claims and found him guilty as charged.
Tunchez was arrested on federal charges in September 2017 and has been in custody since that time where he will remain pending his transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations and the Drug Enforcement Administration conducted the investigation with the assistance of the Corpus Christi Police Department - Internet Crimes Against Children Task Force.
Assistant U.S. Attorney Hugo R. Martinez is prosecuting the case, which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Fort Thompson Man Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Involuntary Manslaughter was sentenced on May 14, 2018, by U.S. District Judge Roberto A. Lange.
Zachery Lee Ziegler, age 32, was sentenced to 20 months in custody, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Ziegler was indicted by a federal grand jury on June 14, 2017. He pled guilty on February 21, 2018.
The conviction stemmed from an incident on May 23, 2017, when the victim was a guest at a residence in Fort Thompson, where an acquaintance of Ziegler’s lived. Ziegler had purchased $20 of meth from an individual at the home, but it was “bad” so Ziegler returned to the home to get his $20 back. The owner of the residence asked Ziegler to leave. As Ziegler was leaving, Ziegler and the victim entered into a physical confrontation where Ziegler struck the victim in the head with his fist, incapacitating him on the ground. Ziegler then fled the scene. The victim was transported via ambulance to the Sanford Chamberlain Hospital where he was later pronounced dead.
An autopsy revealed that the cause of death was subdural hemorrhage due to blunt force injury of the head due to assault.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Ziegler was immediately turned over to the custody of the U.S. Marshals Service.
Fort Hall Man Sentenced to 87 Months in Prison for Federal Gun OffenseRead the Press Release
POCATELLO - Tyrell Owen Dixey, 34, of Fort Hall, Idaho, was sentenced yesterday for illegal possession of a sawed-off shotgun, U.S. Attorney Bart M. Davis announced. Chief U.S. District Judge B. Lynn Winmill sentenced Dixey to 87 months in prison, followed by three years of supervised release. Dixey pleaded guilty to the charge in February 2018.
According to the plea agreement, on January 30, 2017, a vehicle was stopped in Fort Hall. Dixey was a passenger in the vehicle. Inside the vehicle, officers found a Mossberg 12 gauge shotgun with a barrel of less than 18 inches in length. The shotgun was later determined to have Dixey’s fingerprints on it. Dixey admitted possessing the shotgun and knowing the shotgun had a barrel length of less than 18 inches. The shotgun was not registered to Dixey in the National Firearms Registration and Transfer Record, as required by law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and the Fort Hall Police Department.
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.
# # #
Former Tribal Executive Sentenced to Federal Prison for EmbezzlementRead the Press Release
United States Attorney Ron Parsons announced that a former executive board member of the Old Agency District of the Sisseton-Wahpeton Oyate Tribe, was sentenced in federal court to 16 months of imprisonment. Barbara Kirk, 66, of Sisseton, South Dakota, was also ordered to pay restitution in the amount of $100,620, and to serve three years of supervised release following her prison sentence.
According to court documents, beginning on or about January 20, 2011, and continuing through March 9, 2013, in the District of South Dakota and elsewhere, Barbara Kirk and others embezzled, stole, and knowingly converted to their own use, funds from the Old Agency District of the Sisseton Wahpeton Oyate Tribe (“Tribe”), an Indian tribal organization, and aided and abetted each other in doing so. The Old Agency District (“District”) is a subdivision of the Tribe.
Kirk, among others, were elected executive board members of the District. During the relevant time period, the District's executive board members were entitled to receive a monthly stipend for their service. From approximately January 2011 through March 2013, Kirk and others stole money from the District by writing checks to themselves for payroll, stipends, assistance, travel, and other miscellaneous reasons. Kirk and her co-defendants stole a total of $360,499 from the District and used the funds for their own purposes.
The investigation was conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605)330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Former Scott Township Man Pleads Guilty in Methamphetamine Distribution SchemeRead the Press Release
PITTSBURGH, PA – A former resident of Scott Township, Pennsylvania, pleaded guilty in federal court to charges of violating federal narcotics laws , United States Attorney Scott W. Brady announced today.
Charles D. Outcalt, Jr., age 25, pleaded guilty to two counts before United States District Court Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that on July 29, 2016, Outcalt conspired with others to distribute and possessed with intent to distribute over 5 grams of actual methamphetamine.
Judge Hornak scheduled sentencing for September 14, 2018. The law provides, at each count, for a term of imprisonment of not less than 5 years and not more than 40 years, a fine of not more than $5,000,000, 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.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The Stowe Township Police Department and the Drug Enforcement Administration conducted the investigation leading to the Indictment in this case.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former Hamilton County Deputy Charged with Excessive Use of ForceRead the Press Release
CINCINNATI – A federal grand jury has charged Jason Mize, 31, of Cincinnati, with using unreasonable force while acting under color of law in an indictment returned here yesterday and unsealed today.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the charges.
According to the indictment, on August 20, 2016, Hamilton County Sheriff’s Office deputies arrested a 61-year-old individual and brought him to the county Justice Center for processing.
While the victim was in medical intake, Mize allegedly approached the victim from behind and told the individual to stand. It is alleged that Mize then pushed the victim towards a holding cell, shoving the victim with such force that the victim collided headfirst with a concrete wall. The victim suffered bodily injury, including lacerations to his scalp and a leg fracture.
Mize is charged with one count of depravation of rights under color of law, a crime punishable by up to 10 years in prison. He was arrested today by FBI agents.
U.S. Attorney Glassman commended the investigation of this case by the FBI, and Assistant United States Attorneys Megan Gaffney and Ebunoluwa Taiwo, who are prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
# # #
Former Bookkeeper Who Embezzled Employers Sentenced to 3 Years in Prison and Ordered to Pay over $3 Million in Restitution for Filing False Tax ReturnsRead the Press Release
A former bookkeeper was sentenced today to 3 years in prison and ordered to repay over $3 million, for failing to report to the Internal Revenue Service (“IRS”) money she embezzled from her employers.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, and Michael J. DePalma, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Lauren Ransom, 49, of Deerfield Beach, was sentenced to 36 months in prison, to be followed by 1 year of supervised release by U.S. District Judge Federico Moreno, in Fort Lauderdale. Ransom was also ordered to pay $2,245,402.13 in restitution to her former employers and $790,983 to the IRS. Ransom previously pled guilty to three counts of making and subscribing a false tax return, in violation of Title 26, United States Code, Section 7206(1).
According to stipulated facts filed with the court and information provided at the sentencing hearing, for over thirty-three years, the defendant worked as a bookkeeper at two South Florida insurance companies. Ransom embezzled money from one of the company’s business accounts where she used her signatory authority on the accounts and wrote unauthorized company checks payable to “Cash” and “Lauren Ransom.” She then cashed these checks or deposited them into her personal checking account. Ransom used the money to pay for her credit cards, mortgage and auto loans, insurance, and other personal living expenses. She also gambled and lost approximately $1,410,276.95 from December 1, 2008 to January 31, 2014 by playing slot machines.
Ransom concealed the embezzlement by altering numerous copies of these cancelled checks by “whiting out” and then changing the payee sections to create so-called legitimate business expenses for the insurance companies. The defendant created false hand-written entries in the companies’ cash disbursement journals, in order to further conceal the fraud.
In the stipulated facts filed with the court, Ransom admitted she filed false individual tax returns, Forms 1040, for tax years 2011, 2012, and 2013 because she knowingly failed to report to the IRS the money she had unlawfully obtained through her embezzlement scheme. The false statements resulted in tax losses.
Mr. Greenberg commended the investigative efforts of IRS-CI. This case was prosecuted by Assistant United States Attorney Randy Katz.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Five Former Salesmen for Morris County Clinical Lab Sentenced for Bribing Doctors in $100 Million Test Referral SchemeRead the Press Release
NEWARK, N.J. – Five individuals were sentenced today for bribing doctors in exchange for test referrals as part of a long-running and elaborate scheme operated by Biodiagnostic Laboratory Services LLC (BLS), of Parsippany, New Jersey, its president and numerous associates, U.S. Attorney Craig Carpenito announced.
Doug Hurley, 38, of Hillsborough, New Jersey, and Kevin Kerekes, 52, of Florham Park, New Jersey, were both sentenced to 24 months in prison. Luke Chicco, 45, of Garden City, New York, was sentenced to 21 months in prison. Kristina Hamdan, 40, of Paterson was sentenced to 41 months in prison. David McCann, 45, of Lyndhurst, New Jersey, was sentenced to three years of probation. U.S. District Judge Stanley R. Chesler imposed all five sentences today in Newark federal court.
Hurley, Kerekes, and Chicco previously pleaded guilty in June 2013 to separate informations charging them with one count of conspiracy to violate the Anti-Kickback Statute and the Federal Travel Act and one count of money laundering.
Hamdan pleaded guilty to Counts One and Thirteen of an indictment charging her with conspiracy to violate the Anti-Kickback Statute, the Federal Travel Act and the honest services wire fraud statute, and conspiracy to commit money laundering. McCann pleaded guilty to an information charging him with conspiring to violate the Anti-Kickback Statute and the Travel Act.
According to documents filed in this and related cases and statements made in court:Hurley, Kerekes, and Chicco each admitted that from the fall of 2010 through April 2013, they conspired with BLS president and part owner, David Nicoll and his brother, Scott Nicoll, to pay bribes to doctors in the forms of cash, checks and other means in order to induce them to refer patient blood specimens to BLS. Hurley, Kerekes, and Chicco also admitted that in some instances, they paid bribes to doctors through sham consulting companies, which they created and controlled, in order to hide the fact that BLS was the true source of the bribes.
Hamdan admitted that from November 2009 through April 2013, she paid doctors illegal bribes in exchange for blood specimen referrals to BLS. For example, Hamdan bribed Yousef Zibdie, an internal medicine doctor with a practice in Woodland Park, in exchange for generating more than $900,000 in lab business for BLS. The bribes were funded by BLS and, in an effort to obscure that BLS was the true source of the payments paid to the doctors by Hamdan, she made the payments through a sham consulting company that she created and controlled.
McCann paid thousands of dollars in cash on a monthly basis between December 2011 and April 2013 to numerous physicians on behalf of BLS in exchange for the doctors’ referral of blood specimens to BLS.
In addition to the prison term, Judge Chesler sentenced Hurley, Chicco, Kerekes, and Hamdan a year of supervised release. Hurley, Chicco, and Kerekes must also pay forfeiture of $800,000, $850,000, and $1.2 million, respectively. Hamdan must pay forfeiture of $1,209,890.36.
The investigation has thus far resulted in 53 convictions – 38 of them doctors – in connection with the bribery scheme, which its organizers have admitted involved millions of dollars in bribes and resulted in more than $100 million in payments to BLS from Medicare and various private insurance companies. It is believed to be the largest number of medical professionals ever prosecuted in a bribery case.
The investigation has to date recovered more than $13 million through forfeiture. On June 28, 2016, BLS, which is no longer operational, pleaded guilty and was required to forfeit all of its assets.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Ruth M. Mendonca; IRS–Criminal Investigation, under the direction of Acting Special Agent in Charge Bryant Jackson in Newark; and the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, with the ongoing investigation.The government is represented by Senior Litigation Counsel Joseph N. Minish, Assistant U.S. Attorneys Danielle Alfonzo Walsman, Chief of the U.S. Attorney’s Office Public Protection Unit and Jacob T. Elberg, Chief of the Health Care and Government Fraud Unit, as well as Assistant U.S. Attorney Barbara Ward of the Asset Forfeiture and Money Laundering Unit.
Defense counsel:
Luke Chicco: Robert J. Anello Esq., New York
Doug Hurley: Michael Baldassare Esq., Newark
Kevin Kerekes: Nace Naumoski Esq., Roseland and Alan Bowman Esq., Newark
McCann: Benjamin Choi Esq. and Joseph Horn, Esq., Rutherford, New Jersey
Kristina Hamdan: Edward J. Bilinkas Esq., Randolph, New JerseyFederal inmate admits to assault and sentencedRead the Press Release
CLARKSBURG, WEST VIRGINIA – Norman Hinton, an inmate at the United States Penitentiary Hazelton was sentenced today to 42 months incarceration, to be served consecutively to his current sentence, for assaulting another inmate, United States Attorney Bill Powell announced.
Hinton, age 39, pled guilty to one count of “Assault With a Dangerous Weapon With the Intent to do Bodily Harm” today. Hinton admitted to illegally possessing a deadly weapon and assaulting another inmate at USP Hazelton in Preston County on June 19, 2017.
Assistant U.S. Attorney Traci M. Cook prosecuted the case on behalf of the government. The Federal Bureau of Prisons investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Federal Prisoner Convicted of Possessing a WeaponRead the Press Release
CORPUS CHISTI, Texas – A 20-year-old man from Corpus Christi has entered a guilty plea to possessing a dangerous weapon while in custody, announced U.S. Attorney Ryan K. Patrick.
On Jan. 9, 2018, Isaiah Martinez was awaiting sentencing at the Coastal Bend Detention Facility. On that date, correctional officers responded to a large fight inside the unit between two groups of inmates. During the incident, which was caught on video, Martinez removed an object from his waistband and attacked another inmate, who sustained several puncture wounds to the right side of his abdomen.
During a search of the inmates involved in the fight, officers recovered a homemade weapon or “shank” that appeared to be a metal spike approximately six inches in length from Martinez.
The following day, Senior U.S. District Judge Hayden Head sentenced Martinez to a total of 240 months in prison for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.
He again will appear before Judge Head for sentencing in this case on May 23, 2018. At that time, he faces another five-year-maximum term of imprisonment and a possible $250,000 fine.
Martinez has remained in federal custody since his initial arrest where he will remain pending that hearing.
The FBI and U.S. Marshals Service conducted the investigation. Assistant U.S. Attorney Lance Watt is prosecuting the case.
Federal Law Enforcement Involved in Fatal Shooting in Cleveland CountyRead the Press Release
OKLAHOMA CITY – On Thursday, May 17, at approximately 11:15 a.m., members of the Western District of Oklahoma’s U.S. Marshals Metro Fugitive Task Force were involved in a shooting in rural Cleveland County, announced U.S. Marshal Johnny Kuhlman, Secret Service Special Agent-in-Charge Kenneth Valentine, and Acting U.S. Attorney Robert J. Troester. Federal law enforcement officers were attempting to arrest a suspect based on multiple federal warrants.
During the attempted arrest, the suspect produced a long gun and fired multiple rounds at Task Force members, who returned fire. The suspect was killed. His name is being withheld pending definitive identification and notification of next of kin.
As a matter of policy, the U.S. Marshals Service and the U.S. Secret Service will not release the names of law enforcement officers involved in shooting incidents until the conclusion of all investigations surrounding the incident. The Oklahoma Highway Patrol and the Oklahoma City Police Department will conduct a joint investigation of the shooting.
More information will be available in coming days concerning this ongoing investigation.
Federal Jury Convicts Three High-Ranking Bloods Gang Members of Racketeering ConspiracyRead the Press Release
Three high-ranking leaders of the Nine Trey Gangsters set of the United Blood Nation (UBN or Bloods) street gang, including the “Godfather” of the organization, who also served as “Chairman” of the UBN, were convicted today of racketeering conspiracy charges.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney R. Andrew Murray for the Western District of North Carolina and Special Agent in Charge John Strong of the FBI Charlotte, North Carolina Field Division, made the announcement.
Pedro Gutierrez, aka Magoo/Light/Inferno, 45; James Baxton, aka Frank White, 44; and Cynthia Gilmore, aka Cynthia Young/Lady Bynt, 42, Raleigh, North Carolina, were convicted by a federal jury sitting in Charlotte following a two-week trial.
“This guilty verdict represents a significant blow against the highest leadership of the Nine Trey Gangsters and the United Blood Nation,” said Acting Assistant Attorney General Cronan. “It reflects the sustained and extensive commitment by federal, state and local law enforcement, including the Criminal Division’s Organized Crime and Gang Section, to disrupt and dismantle this and other prison and street gangs throughout the country.”
“UBN uses violence and intimidation to assert power over our neighborhoods and vicious tactics to bolster the image of an indestructible gang,” said U.S. Attorney Murray. “Today’s convictions of three high-ranking leaders delivered a blow to that myth, proving that UBN gangsters are no different than other common criminals – they can and will be found and prosecuted for their crimes. As we continue our efforts to curb gang violence and devastate gang networks in Western North Carolina, we have a message for the UBN and all other criminal organizations: We are coming for you. Person by person, set by set, clique by clique, and leader by leader. You are in our sights. Your gang will be dismantled and you will be held accountable.”
“These leaders of the UBN thought they were untouchable, continuing to run their criminal enterprise from inside state prison,” said Special Agent in Charge Strong. “Today’s guilty verdicts in federal court abruptly put an end to their dirty business. Do not be mistaken, to anyone who tries to fill the criminal void left by these convictions, you should know, we'll come after you next with the full strength of our federal, local, and state law enforcement partners.”,.
According to court documents and evidence presented at trial, the UBN is a violent criminal street gang operating throughout the east coast of the United States since its inception as a prison gang in 1993. UBN members are often identified by their use of the color red, and can also often be identified by common tattoos or burn marks. Examples include: a three-circle pattern, usually burned onto the upper arm, known as a “dog paw”; the acronym “M.O.B.,” which stands for “Member of Bloods”; the words “damu,” or “eastside”; the number five; the five-pointed star; and the five-pointed crown. UBN members have distinct hand signs and written codes, which are used to identify other members and rival gang members. The Nine Trey Gangster set of the UBN refer to themselves as “Billies.”
According to court documents and evidence presented at trial, the UBN is governed by a common set of 31 rules, known as “The 31,” which were originally written by the founders of the UBN. Members of the UBN are expected to conduct themselves and their illegal activity according to rules and regulations set by their leaders. Prominent among these is a requirement to pay monthly dues to the organization, often in the amounts of $31 or $93. A percentage of these funds are transferred to incarcerated UBN leadership in New York; these funds also are used locally to conduct gang business. UBN gang dues are derived from illegal activity performed by subordinate UBN members including narcotics trafficking, robberies, wire fraud, and bank fraud, among other forms of illegal racketeering activities.
According to court documents and evidence presented at trial, the Nine Trey Gangsters’ leadership proceeds in rank, from lowest to highest, from “Scrap,” “1-Star General” through “5-Star General,” “Low,” “High,” and, “Godfather.” Based on evidence introduced during the trial, Gutierrez was a “Godfather” of the Nine Trey Gangsters and had served since 2003 as the “Chairman” of the council that governs the UBN. Gutierrez, together with James Baxton and Omari Rosero, were “the last ones that God put in power” over the UBN. As the Godfather of the set, Gutierrez, along with Baxton, conducted gang business and participated in the distribution of gang dues while incarcerated in the New York State Department of Corrections. Trial evidence also established that Gutierrez ordered a gang war in North Carolina in 2011 directing that members of the Bloods gang attack and kill members of a renegade gang called Pretty Tony. The war resulted in numerous injuries among inmates and the lockdown of five North Carolina prisons for six months.
Further, trial evidence established that Cynthia Gilmore, who trafficked cocaine, was a local high-ranking officer who routinely traveled from North Carolina to New York to meet with Defendant Gutierrez, acting as his “eyes” and “voice” in the South. The evidence also showed that Baxton was trafficking heroin within the New York State and prison system. He also was calling and threatening the family members of inmates incarcerated in New York State in an effort to obtain money.
In addition to the three defendants convicted at trial today, 35 defendants have previously pleaded guilty in this investigation, including nine defendants in high-ranking leadership positions:
- Omari Rosero, aka Uno B, 41, of Elmira, New York, pleaded guilty to racketeering conspiracy. During his plea, Omari Rosero admitted to holding the leadership rank of “High,” and to serving as an acting “Godfather” of the entire UBN gang.
- Porsha Talina Rosero, aka Lady Uno B, 35, of Syracuse, New York, pleaded guilty to racketeering conspiracy. Rosero admitted to participating in the distribution of gang dues, and to participating in a phone call during which Omari Rosero stated that a suspected cooperator would be “faded straight up.”
- Montraya Antwain Atkinson, aka Hardbody, 31, of Raleigh, North Carolina, pleaded guilty to racketeering conspiracy. According to the factual basis of his plea agreement, Atkinson admitted to holding the leadership rank of “High,” and admitted to possessing marijuana and cocaine with intent to distribute, and to purchasing and selling powder cocaine;
- Adrian Nayron Coker, aka Gotti, 28, of Gastonia, North Carolina, pleaded guilty to racketeering conspiracy and three counts of possession with intent to distribute narcotics. According to the factual basis of his plea agreement, Coker admitted to holding the leadership rank of “Low,” and to possessing a stolen firearm and ammunition, despite having previously been convicted of a felony. Moreover, Coker was recorded discussing a potential murder of a rival gang member;
- Quincy Delone Haynes, aka Black Montana, 39, of Lawndale, North Carolina, pleaded guilty to racketeering conspiracy and three counts of trafficking cocaine. According to the factual basis of this plea agreement, Haynes admitted to holding the leadership rank of “Low”;
- Barrington Audley Lattibeaudiere, aka Bandana and Bobby Seale, 31, of Fort Lauderdale, Florida, pleaded guilty to racketeering conspiracy and conspiracy to commit wire fraud. According to the factual basis of his plea agreement, Lattibeaudiere admitted to holding the leadership rank of “High,” and coordinating the transmission of hundreds of dollars of UBN gang dues to Gutierrez and Baxton. Lattibeaudiere further admitted to participating in a scheme to make and attempt to make over $64,000 in purchases using fraudulent credit and gift cards;
- Bianca Kiashie Harrison, aka Lady Gunz, 28, of Midway Park, North Carolina, pleaded guilty to racketeering conspiracy. According to the factual basis of Harrison’s plea agreement, Harrison admitted to holding the leadership rank of “High,” and to participating, at facilities within the New York Department of Corrections, in gang leadership meetings with alleged UBN Godfathers Gutierrez and Baxton;
- MyQuan Lamar Nelson, aka Dripz, 27, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy and heroin trafficking, and according to the factual basis of his plea agreement admitted to holding the leadership rank of “Low”; and
- Tywlain Wilson, aka 5 Alive, 25, of Shelby, North Carolina, pleaded guilty to racketeering conspiracy, possession with intent to distribute marijuana, and firearm possession in furtherance of a drug trafficking crime. According to the factual basis of his plea agreement, Wilson admitted to holding the leadership rank of “Low.”
The following defendants have also pleaded guilty in this case:
- Destinee Danyell Blakeney, aka Lady Rude, 23, of Morven, North Carolina, pleaded guilty to racketeering conspiracy;
- Brandon Khalil Covington, aka Blokka, 25, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy and to possession of a firearm in furtherance of drug trafficking;
- Christopher Dentre Hamrick, aka Red Dot, 28, of Shelby, North Carolina, pleaded guilty to racketeering conspiracy and to possession of a firearm by a convicted felon;
- Anthony ONeil Harrison, aka Ant, 20, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- Delonte Maurice Hicks, aka BBB Shooter and Black, 29, of Bennettsville, South Carolina, pleaded guilty to racketeering conspiracy;
- Raheam Shumar Hopper, aka Bone, 24, of Shelby, North Carolina, pleaded guilty to racketeering conspiracy;
- Muhammad John Jackson, aka Picasso, 33, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- Terrence Thomas Johnsom, aka Sypher, 41, of Durham, North Carolina, pleaded guilty to racketeering conspiracy;
- Joe Tarpeh Johnson, aka JR, Big Pusha, and Kutthroat, 26, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy and to conspiracy to commit wire fraud;
- Latif Nakia Antoine Johnson, aka Billy Solo, 24, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- Rashad Monte King, aka Billy Kilo Montana, 26, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- David Matthew Lowe, aka Gucci, 26, of Shelby, North Carolina, pleaded guilty to racketeering conspiracy;
- Charles Kenyon Lytle, aka Kam, 40, of Concord, North Carolina, pleaded guilty to racketeering conspiracy and to possession of a firearm by a convicted felon;
- Brandon Theodore Manning, aka Billy B, 29, of Columbia, South Carolina, pleaded guilty to racketeering conspiracy;
- Isaac Nabah McIntosh, aka Mac, 27, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- D’Angelo De’Mara McNeil, aka Dutch, 27, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- Kolawole Olalekan Omotosho, aka Rugged Red, 19, of Jacksonville, North Carolina, pleaded guilty to racketeering conspiracy;
- James Brandin Pegues, 31, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- Deshawn Deonta Peterkin, aka Proo, 29, of Wallace, South Carolina, pleaded guilty to racketeering conspiracy;
- Austin Demontry Potts, aka Big Tek and B-Tek, 24, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- Rashad Sattar, 20, of Lauderdale Lakes, Florida, pleaded guilty to racketeering conspiracy and to conspiracy to commit wire fraud;
- Anthony Bernard Smith, 25, aka Redd Lion, of Gastonia, North Carolina, pleaded guilty to racketeering conspiracy;
- Isaiah Devon Stallworth, aka Zay and Juice, 25, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy and to use of a firearm in furtherance of a crime of violence;
- Cedric Surratt, aka Hollywood, 5-Star and Lingo, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- Lavon Christopher Turner, aka Hungry, 28, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy and to conspiracy to commit wire fraud; and
- Jesse James Watkins, aka Showtime, 34, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy.
The investigation was conducted by the FBI; the Charlotte Mecklenburg Police Department; the Shelby Police Department; the Cleveland County Sheriff’s Office; the Gastonia Police Department; the North Carolina State Highway Patrol; the Mecklenburg County Sheriff’s Office; the North Carolina Division of Adult Correction and Juvenile Justice; the North Carolina Department of Motor Vehicles; the U.S. Federal Probation; the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; the IRS Criminal Investigation; the U.S. Postal Inspection Service; the U.S. Army Criminal Investigation Command; and the New York Department of Corrections and Community Supervision, Office of Special Investigations. Trial Attorneys Andrew L. Creighton and Beth Lipman of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Matt Warren and Christopher Hess for the Western District of North Carolina are prosecuting the case.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Federal Jury Convicts Three High-Ranking Bloods Gang Members of Racketeering ConspiracyRead the Press Release
CHARLOTTE, N.C. – Three high-ranking leaders of the Nine Trey Gangsters set of the United Blood Nation (UBN or Bloods) street gang, including the “Godfather” of the organization, who also served as “Chairman” of the UBN, were convicted today of racketeering conspiracy charges.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney R. Andrew Murray for the Western District of North Carolina and Special Agent in Charge John Strong of the FBI Charlotte, North Carolina Field Division, made the announcement.
Pedro Gutierrez, aka Magoo/Light/Inferno, 45; James Baxton, aka Frank White, 44; and Cynthia Gilmore, aka Cynthia Young/Lady Bynt, 42, all of Raleigh, North Carolina, were convicted by a federal jury sitting in Charlotte following a two-week trial.
“This guilty verdict represents a significant blow against the highest leadership of the Nine Trey Gangsters and the United Blood Nation,” said Acting Assistant Attorney General Cronan. “It reflects the sustained and extensive commitment by federal, state and local law enforcement, including the Criminal Division’s Organized Crime and Gang Section, to disrupt and dismantle this and other prison and street gangs throughout the country.”
“UBN uses violence and intimidation to assert power over our neighborhoods and vicious tactics to bolster the image of an indestructible gang,” said U.S. Attorney Murray. “Today’s convictions of three high-ranking leaders delivered a blow to that myth, proving that UBN gangsters are no different than other common criminals – they can and will be found and prosecuted for their crimes. As we continue our efforts to curb gang violence and devastate gang networks in Western North Carolina, we have a message for the UBN and all other criminal organizations: We are coming for you. Person by person, set by set, clique by clique, and leader by leader. You are in our sights. Your gang will be dismantled and you will be held accountable.”
“These leaders of the UBN thought they were untouchable, continuing to run their criminal enterprise from inside state prison,” said Special Agent in Charge Strong. “Today’s guilty verdicts in federal court abruptly put an end to their dirty business. Do not be mistaken, to anyone who tries to fill the criminal void left by these convictions, you should know, we'll come after you next with the full strength of our federal, local, and state law enforcement partners.”,.
According to court documents and evidence presented at trial, the UBN is a violent criminal street gang operating throughout the east coast of the United States since its inception as a prison gang in 1993. UBN members are often identified by their use of the color red, and can also often be identified by common tattoos or burn marks. Examples include: a three-circle pattern, usually burned onto the upper arm, known as a “dog paw”; the acronym “M.O.B.,” which stands for “Member of Bloods”; the words “damu,” or “eastside”; the number five; the five-pointed star; and the five-pointed crown. UBN members have distinct hand signs and written codes, which are used to identify other members and rival gang members. The Nine Trey Gangster set of the UBN refer to themselves as “Billies.”
According to court documents and evidence presented at trial, the UBN is governed by a common set of 31 rules, known as “The 31,” which were originally written by the founders of the UBN. Members of the UBN are expected to conduct themselves and their illegal activity according to rules and regulations set by their leaders. Prominent among these is a requirement to pay monthly dues to the organization, often in the amounts of $31 or $93. A percentage of these funds are transferred to incarcerated UBN leadership in New York; these funds also are used locally to conduct gang business. UBN gang dues are derived from illegal activity performed by subordinate UBN members including narcotics trafficking, robberies, wire fraud, and bank fraud, among other forms of illegal racketeering activities.
According to court documents and evidence presented at trial, the Nine Trey Gangsters’ leadership proceeds in rank, from lowest to highest, from “Scrap,” “1-Star General” through “5-Star General,” “Low,” “High,” and, “Godfather.” Based on evidence introduced during the trial, Gutierrez was a “Godfather” of the Nine Trey Gangsters and had served since 2003 as the “Chairman” of the council that governs the UBN. Gutierrez, together with James Baxton and Omari Rosero, were “the last ones that God put in power” over the UBN. As the Godfather of the set, Gutierrez, along with Baxton, conducted gang business and participated in the distribution of gang dues while incarcerated in the New York State Department of Corrections. Trial evidence also established that Gutierrez ordered a gang war in North Carolina in 2011 directing that members of the Bloods gang attack and kill members of a renegade gang called Pretty Tony. The war resulted in numerous injuries among inmates and the lockdown of five North Carolina prisons for six months.
Further, trial evidence established that Cynthia Gilmore, who trafficked cocaine, was a local high-ranking officer who routinely traveled from North Carolina to New York to meet with Defendant Gutierrez, acting as his “eyes” and “voice” in the South. The evidence also showed that Baxton was trafficking heroin within the New York State and prison system. He also was calling and threatening the family members of inmates incarcerated in New York State in an effort to obtain money.
In addition to the three defendants convicted at trial today, 35 defendants have previously pleaded guilty in this investigation, including nine defendants in high-ranking leadership positions:
- Omari Rosero, aka Uno B, 41, of Elmira, New York, pleaded guilty to racketeering conspiracy. During his plea, Omari Rosero admitted to holding the leadership rank of “High,” and to serving as an acting “Godfather” of the entire UBN gang.
- Porsha Talina Rosero, aka Lady Uno B, 35, of Syracuse, New York, pleaded guilty to racketeering conspiracy. Rosero admitted to participating in the distribution of gang dues, and to participating in a phone call during which Omari Rosero stated that a suspected cooperator would be “faded straight up.”
- Montraya Antwain Atkinson, aka Hardbody, 31, of Raleigh, North Carolina, pleaded guilty to racketeering conspiracy. According to the factual basis of his plea agreement, Atkinson admitted to holding the leadership rank of “High,” and admitted to possessing marijuana and cocaine with intent to distribute, and to purchasing and selling powder cocaine;
- Adrian Nayron Coker, aka Gotti, 28, of Gastonia, North Carolina, pleaded guilty to racketeering conspiracy and three counts of possession with intent to distribute narcotics. According to the factual basis of his plea agreement, Coker admitted to holding the leadership rank of “Low,” and to possessing a stolen firearm and ammunition, despite having previously been convicted of a felony. Moreover, Coker was recorded discussing a potential murder of a rival gang member;
- Quincy Delone Haynes, aka Black Montana, 39, of Lawndale, North Carolina, pleaded guilty to racketeering conspiracy and three counts of trafficking cocaine. According to the factual basis of this plea agreement, Haynes admitted to holding the leadership rank of “Low”;
- Barrington Audley Lattibeaudiere, aka Bandana and Bobby Seale, 31, of Fort Lauderdale, Florida, pleaded guilty to racketeering conspiracy and conspiracy to commit wire fraud. According to the factual basis of his plea agreement, Lattibeaudiere admitted to holding the leadership rank of “High,” and coordinating the transmission of hundreds of dollars of UBN gang dues to Gutierrez and Baxton. Lattibeaudiere further admitted to participating in a scheme to make and attempt to make over $64,000 in purchases using fraudulent credit and gift cards;
- Bianca Kiashie Harrison, aka Lady Gunz, 28, of Midway Park, North Carolina, pleaded guilty to racketeering conspiracy. According to the factual basis of Harrison’s plea agreement, Harrison admitted to holding the leadership rank of “High,” and to participating, at facilities within the New York Department of Corrections, in gang leadership meetings with alleged UBN Godfathers Gutierrez and Baxton;
- MyQuan Lamar Nelson, aka Dripz, 27, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy and heroin trafficking, and according to the factual basis of his plea agreement admitted to holding the leadership rank of “Low”; and
- Tywlain Wilson, aka 5 Alive, 25, of Shelby, North Carolina, pleaded guilty to racketeering conspiracy, possession with intent to distribute marijuana, and firearm possession in furtherance of a drug trafficking crime. According to the factual basis of his plea agreement, Wilson admitted to holding the leadership rank of “Low.”
The following defendants have also pleaded guilty in this case:
- Destinee Danyell Blakeney, aka Lady Rude, 23, of Morven, North Carolina, pleaded guilty to racketeering conspiracy;
- Brandon Khalil Covington, aka Blokka, 25, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy and to possession of a firearm in furtherance of drug trafficking;
- Christopher Dentre Hamrick, aka Red Dot, 28, of Shelby, North Carolina, pleaded guilty to racketeering conspiracy and to possession of a firearm by a convicted felon;
- Anthony ONeil Harrison, aka Ant, 20, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- Delonte Maurice Hicks, aka BBB Shooter and Black, 29, of Bennettsville, South Carolina, pleaded guilty to racketeering conspiracy;
- Raheam Shumar Hopper, aka Bone, 24, of Shelby, North Carolina, pleaded guilty to racketeering conspiracy;
- Muhammad John Jackson, aka Picasso, 33, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- Terrence Thomas Johnsom, aka Sypher, 41, of Durham, North Carolina, pleaded guilty to racketeering conspiracy;
- Joe Tarpeh Johnson, aka JR, Big Pusha, and Kutthroat, 26, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy and to conspiracy to commit wire fraud;
- Latif Nakia Antoine Johnson, aka Billy Solo, 24, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- Rashad Monte King, aka Billy Kilo Montana, 26, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- David Matthew Lowe, aka Gucci, 26, of Shelby, North Carolina, pleaded guilty to racketeering conspiracy;
- Charles Kenyon Lytle, aka Kam, 40, of Concord, North Carolina, pleaded guilty to racketeering conspiracy and to possession of a firearm by a convicted felon;
- Brandon Theodore Manning, aka Billy B, 29, of Columbia, South Carolina, pleaded guilty to racketeering conspiracy;
- Isaac Nabah McIntosh, aka Mac, 27, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- D’Angelo De’Mara McNeil, aka Dutch, 27, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- Kolawole Olalekan Omotosho, aka Rugged Red, 19, of Jacksonville, North Carolina, pleaded guilty to racketeering conspiracy;
- James Brandin Pegues, 31, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- Deshawn Deonta Peterkin, aka Proo, 29, of Wallace, South Carolina, pleaded guilty to racketeering conspiracy;
- Austin Demontry Potts, aka Big Tek and B-Tek, 24, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- Rashad Sattar, 20, of Lauderdale Lakes, Florida, pleaded guilty to racketeering conspiracy and to conspiracy to commit wire fraud;
- Anthony Bernard Smith, 25, aka Redd Lion, of Gastonia, North Carolina, pleaded guilty to racketeering conspiracy;
- Isaiah Devon Stallworth, aka Zay and Juice, 25, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy and to use of a firearm in furtherance of a crime of violence;
- Cedric Surratt, aka Hollywood, 5-Star and Lingo, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy;
- Lavon Christopher Turner, aka Hungry, 28, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy and to conspiracy to commit wire fraud; and
- Jesse James Watkins, aka Showtime, 34, of Charlotte, North Carolina, pleaded guilty to racketeering conspiracy.
The investigation was conducted by the FBI; the Charlotte Mecklenburg Police Department; the Shelby Police Department; the Cleveland County Sheriff’s Office; the Gastonia Police Department; the North Carolina State Highway Patrol; the Mecklenburg County Sheriff’s Office; the North Carolina Division of Adult Correction and Juvenile Justice; the North Carolina Department of Motor Vehicles; the U.S. Federal Probation; the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; the IRS Criminal Investigation; the U.S. Postal Inspection Service; the U.S. Army Criminal Investigation Command; and the New York Department of Corrections and Community Supervision, Office of Special Investigations. Trial Attorneys Andrew L. Creighton and Beth Lipman of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Matt Warren and Christopher Hess for the Western District of North Carolina are prosecuting the case.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Federal Jury Convicts Man of String of Violent Convenience Store Robberies in the TriangleRead the Press Release
GREENVILLE – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, JOHN DEVERE BATTLE, 25, of Durham, was convicted in a four-day jury trial before Senior United States District Judge Malcolm J. Howard. The jury found BATTLE guilty of 12 counts including Conspiracy to commit Hobbs Act Robbery, Interference with commerce by robbery and aiding and abetting, four-counts of Brandishing a firearm in furtherance of a crime of violence and aiding and abetting, Interference with commerce by robbery and aiding and abetting, Taking motor vehicle by force, violence and intimidation with intent to cause serious bodily injury, and aiding and abetting, Bank robbery and aiding and abetting, two-counts of Possession of a firearm and ammunition by a convicted felon.
The evidence at trial showed that on May 14, 2016 BATTLE and others robbed the Kangaroo gas station located at 1807 North Harrison Avenue in Cary at gunpoint. On June 15, 2016, BATTLE and others robbed the Quality Mart gas station located at 7411 Chapel Hill Road in Cary at gunpoint. On June 16, 2016, BATTLE and others committed a home invasion in Cary. During the home invasion, BATTLE and others robbed the victims at gunpoint, tied up the victims and threatened to kill them. One of the victims was pistol-whipped. BATTLE and others took one of the victims at gunpoint to a bank in Cary and forced the victim to withdraw money. The evidence also established that BATTLE was arrested on June 17, 2016 after the execution of a search warrant at a home in Wendell, NC. During the execution of the search warrant, a handgun was recovered along with numerous stolen items taken from the home invasion.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
At sentencing, currently scheduled for September 11, 2018, BATTLE faces a mandatory 82 years federal prison sentence.
The investigation of this case was conducted by the Cary Police Department, Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Durham Police Department, Federal Bureau of Investigation, Wake County Sheriff’s Office, and Wendell Police Department. Assistant United States Attorneys Peggah B. Wilson and Ethan A. Ontjes represented the government in this case.
Fall River Man Admits to Being an Armed Drug TraffickerRead the Press Release
PROVIDENCE, RI – An armed drug trafficker arrested by Newport Police during a Project Safe Neighborhoods investigation into an alleged cocaine and crack cocaine trafficking conspiracy pleaded guilty on Wednesday to federal drug trafficking and firearms charges.
Jose Martinez-Hernandez, 29, pleaded guilty in U.S. District Court in Providence, as charged in a federal indictment returned in December 2017, to one count each of conspiracy to possess with intent to distribute cocaine and crack cocaine, possession with intent to distribute cocaine, possession with intent to distribute crack cocaine, possession of a firearm in furtherance of a drug trafficking crime, and felon in possession of a firearm.
Martinez-Hernandez’s guilty plea is announced by United States Attorney Stephen G. Dambruch, Newport Police Chief Gary T. Silva, and Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives Mickey Leadingham.
The Project Safe Neighborhoods investigation by members of the Newport Police Department in October 2017, into an alleged drug trafficking conspiracy run out of Fall River, interrupted a prearranged delivery of cocaine in Newport and led to the arrest of Hernandez and three other individuals.
According to information presented to the Court, Newport Police detectives developed information regarding a scheduled delivery of 14 grams of cocaine for $600, on October 30, 2017. The delivery by members of an alleged drug trafficking conspiracy operating out of Fall River was to take place in the parking lot of the Newport Grand casino. Information developed by Newport Police detectives indicated that the traffickers would be travelling to the casino in two vehicles.
As the vehicles arrived in tandem and parked, Newport Police detectives surrounded the vehicles and detained the occupants. Hernandez, who was a passenger in one of the vehicles, was found to be carrying a loaded firearm and 11 grams of cocaine. A search of both vehicles and their occupants resulted in the additional seizure of two loaded firearms, 14 grams of cocaine and 37 individual bags of crack cocaine.
Also arrested, later charged by way of a federal indictment and now awaiting trial in federal court, are Antonio Oquendo Cancel, aka ”Loco,” 30, and Jorge L. Pizzaro, aka “Chino, 21, of Fall River, and Manuel C. Coradin, 38, of Cranston.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Martinez-Hernandez is scheduled to be sentenced by U.S. District Court Chief Judge William E. Smith on September 7, 2018.
The cases are being prosecuted by Assistant U.S. Attorney Richard W. Rose.
Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives assisted the Newport Police Department and the United States Attorney’s Office with the investigation of this matter and preparing the cases for prosecution.
###
Ex-Teamsters Union Officials Plead Guilty to Embezzlement and FraudRead the Press Release
Scott Alexander, 56 and Nancy Alexander, 52, from Belleville, Illinois, entered pleas of guilty to Embezzlement and Theft from a Labor Union and Wire Fraud, the United States Attorney for the Southern District of Illinois, Donald Boyce, announced today. The offenses carry a possible sentence of up to 25 years in jail, a fine of up to $500,000 and mandatory restitution. Sentencing is scheduled for August 24, 2018.
As part of the plea, it was acknowledged that between January 1, 2012, and June 30, 2016, during the time Scott D. Alexander was President/Business Agent of the union Local 50 of the International Brotherhood of Teamsters and his wife Nancy L. Alexander was the Local’s office administrator, the Alexanders embezzled and converted Union funds by using the Union’s credit card to make personal purchases, manipulating their payroll withholdings in order to increase their net pay at the Local’s expense, receiving more vacation pay than earned, receiving salary while on vacation, and receiving additional auto allowance payments.
The prosecution is the result of an investigation by the U.S. Department of Labor, Office of Labor Management Standards. The case is being prosecuted by Assistant United States Attorney Norman R. Smith.
Elizabeth Man Sentenced for Role in Cocaine Trafficking ConspiracyRead the Press Release
PITTSBURGH, PA – A resident of Elizabeth, Pennsylvania, has been sentenced in federal court to three years’ probation, 150 hours’ community service, and a $3000 fine on his conviction of conspiracy to distribute narcotics, United States Attorney Scott W. Brady announced today.
United States District Judge Arthur J. Schwab imposed the sentence on Paul Sedor, 36. According to information presented to the court at the time he entered a guilty plea, Sedor, from March through June 2017, regularly purchased one-quarter ounce to one-ounce quantities of cocaine from his codefendant, Skyler Carter, for personal use and further distribution purposes. He was held responsible for the distribution of approximately 100 grams of cocaine during that time period. This was Sedor’s first drug trafficking conviction. He is the second of the 21 defendants charged in the conspiracy to be sentenced.
Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Allegheny County Sheriff’s Office, the Allegheny County Police Department, and the Pittsburgh Bureau of Police. The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Eagle Butte Man Charged with Stalking and Mailing Threatening CommunicationsRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Stalking and Mailing Threatening Communications.
Gaylen Sampson, age 43, was indicted on October 17, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 14, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between November 2016 and September 2017, Sampson used the mail to send threatening and harassing communications.
The charges are merely accusations and Sampson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Sampson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Dutchess County Felon Pleads Guilty to Illegally Possessing a FirearmRead the Press Release
ALBANY, NEW YORK – Christopher Mikelinich, age 52, of Wingdale, New York, pled guilty today to illegally possessing a 12-gauge, semi-automatic shotgun during the time he resided in Columbia County, New York.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
As part of his plea, Mikelinich admitted that between November 2014 and February 2017, he possessed the shotgun while residing in Ancram, New York. The shotgun had previously been stolen from its owner’s vehicle in New Windsor, New York, in 2004, and was purchased by Mikelinich from a co-worker. Two prior felony convictions, including a federal conviction for being a felon in possession of firearms, prevented Mikelinich from lawfully possessing the shotgun.
Mikelinich has been in custody since his arrest on December 1, 2017. He faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on August 17, 2018 by Senior United States District Judge Norman A. Mordue. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by ATF and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Dominican Woman Pleads Guilty to Fentanyl TraffickingRead the Press Release
BOSTON – Dominican woman pleaded guilty today in federal court in Boston for her role in a widespread heroin and fentanyl trafficking conspiracy operating in Lawrence.
Diosmary Burgos, 39, a Dominican national, pleaded guilty to three counts of conspiracy to possess with intent to distribute heroin, cocaine, and 40 grams or greater of fentanyl. U.S. District Court Judge Denise J. Casper scheduled sentencing for August 6, 2018.
On May 30, 2017, a large scale law enforcement operation was conducted in an effort to dismantle two Lawrence-based drug trafficking organizations, one allegedly run by Juan Anibal Patrone, and another allegedly led by Ramon Gonzalez-Nival, who was also a source of supply for Patrone. Burgos was arrested and charged along with Patrone, Gonzalez-Nival, and approximately 30 co-conspirators.
Ms. Burgos bought her drugs, and specifically fentanyl, from Gonzalez-Nival then distributed it. During the investigation, she was intercepted on multiple occasions ordering several fingers (10 gram units) of drugs from Gonzalez-Nival. When a search warrant was executed at her home on May 30, 2017, approximately 90 grams of fentanyl was located in a closet, which she admitted belonged to her.
Patrone and Gonzalez-Nival have pleaded not guilty and are awaiting trial.
The charge of conspiracy to distribute 40 grams or greater of heroin, cocaine, and fentanyl provides for a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $5 million. 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; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and Peter Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Essex County District Attorney Jonathan W. Blodgett; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Lawrence Police Chief Roy P. Vasque made the announcement today. Assistant U.S. Attorney Susan Winkler of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
District Man Sentenced to More Than 18 Years in Prison for Assaulting Man in Southwest WashingtonRead the Press Release
WASHINGTON – Herb Anthony, 37, of Washington, D.C., was sentenced today to 18 years and four months in prison for severely beating a man with a metal pipe who was walking home from a store in Southwest Washington, U.S. Attorney Jessie K. Liu announced.
Anthony was found guilty by a jury in February 2018 of charges of aggravated assault while armed, assault with significant bodily injury, and assault with a deadly weapon, and two counts of obstruction of justice. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Milton C. Lee. Upon completion of his prison term, Anthony will be placed on five years of supervised release.
According to the government’s evidence, on Mother’s Day evening, May 8, 2016, the victim had just walked to a store in the area of the 100 block of Irvington Street SW. Anthony came up from behind him and struck him in the face with a black steel pipe. Anthony and other unidentified individuals proceeded to punch and kick the victim to the ground, leaving him bloodied and disoriented. The victim received multiple fractures to his face, resulting in reconstructive surgery without which he would have suffered permanent facial damage. The victim’s medical follow-up continues twoyears later. An investigation by the Metropolitan Police Department (MPD) led to Anthony’s arrest on May 30, 2016.
In announcing the sentence, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Maryam Adeyola, Ellen D’Angelo, Kathleen “Katie” Kern and John Timmer; Paralegal Specialist Richard Cheatham, and Victim/Witness Advocate James Brennan.
Finally, she commended the work of Assistant U.S. Attorneys Gauri Gopal and Rachel Forman, who prosecuted the matter.
District Man Pleads Guilty to Federal Firearm and Drug Trafficking OffensesRead the Press Release
WASHINGTON – Antwan Shelton, 34, of Washington, D.C., pled guilty today to possessing a firearm in furtherance of a drug trafficking offense, and possessing three separate quantities of narcotics with an intent to distribute them, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Shelton pled guilty in the U.S. District Court for the District of Columbia to one count of possession of a firearm in furtherance of a drug trafficking offense and one count of possession with intent to distribute cocaine base, buprenorphine, and marijuana. The charges require a mandatory minimum sentence of five years of incarceration and up to life imprisonment. The Honorable Tanya S. Chutkan scheduled sentencing for Sept. 10, 2018.
The government’s evidence established that on Dec. 2, 2016, members of MPD’s Narcotics and Special Investigations Division executed a search warrant at a residence in the 4600 block of B Street SE. Upon gaining entry to the residence, law enforcement secured Shelton outside a bathroom while he was wearing a towel around his body and while the water was running in the bathroom shower. Upon entry into the bathroom, officers recovered an MPD-issued Glock 17 pistol that was stolen from an MPD officer months earlier. The firearm was loaded with sixteen .9mm rounds in the magazine and one .9mm round in the chamber.
Officers also recovered in the bathroom a lunch bag containing distribution quantities of cocaine base, marijuana, and suboxone strips, and $3,095 in cash. In Shelton’s bedroom, law enforcement recovered a ziplock bag containing twenty .45-caliber rounds of ammunition and twenty .40 -caliber rounds of ammunition. A drum magazine with .9mm-caliber rounds of ammunition was recovered from a clothes hamper. A ballistic vest was on the top shelf of a closet. Drug paraphernalia also was recovered in the residence. Law enforcement also obtained photographs from Shelton’s cellphone that corroborated his connection to the residence where he was arrested and the distinct lunch bag from which he was trafficking narcotics.
Shelton’s plea will result in his third firearms conviction and second drug trafficking conviction.
In announcing the plea, U.S. Attorney Liu and Chief Newsham commended the work of MPD’s Narcotics and Special Investigations Unit. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorneys Christopher Macchiaroli and Laura Crane, and Paralegal Specialist Candace Battle.
Community Renewal Team Pays $362,000 to Settle False Claims Acts AllegationsRead the Press Release
United States Attorney John H. Durham and Connecticut Attorney General George Jepsen today announced that COMMUNITY RENEWAL TEAM and its president, LENA RODRIGUEZ, have entered into a civil settlement agreement with the United States and the State of Connecticut and have paid $362,000 to resolve allegations that they violated the federal and state False Claims Acts.
Community Renewal Team (“CRT”) is a Hartford-based community action agency that receives both federal and state grant funding. The majority of CRT’s funding has come from federal agencies including the U.S. Department of Health and Human Services (“HHS”), the U.S. Department of Housing and Urban Development (“HUD”) and the U.S. Department of Energy (“DOE”). Federal funds are awarded to CRT directly and indirectly through various state agencies and, in some cases, federal funding is combined with state funding and allocated to CRT. Rodriguez has been the president of CRT since January 2006.
The United States and State of Connecticut allege that, from June 2009 through November 2010, Rodriguez directed that certain CRT employees work on a state funded grant program, called “Home Solutions,” while charging their time to federal grants funded by HHS, HUD and DOE, as well as other state grants passed through the Connecticut Department of Social Services. In addition, between October 2009 and September 2010, CRT improperly charged the time of a budget analyst to a Head Start grant when the employee was working on other unrelated programs. Finally, between June 2010 and April 2013, a CRT program manager for the HHS-funded Eviction and Foreclosure Prevention Program misappropriated $18,500 for her personal use.
To resolve the governments’ allegations under the federal and state False Claims Acts, CRT and Rodriguez have paid $362,000.
“Recipients of federal grants must adhere to the regulations applicable to those grants and manage federal funds efficiently,” said U.S. Attorney Durham. “Failure to do so can result in significant consequences.”
“We take very seriously our responsibility to safeguard taxpayers by eliminating fraud in our public programs,” said Attorney General Jepsen, “and I appreciate the continued partnership with Connecticut’s U.S. Attorney to protect public funds.”
This investigation was conducted by the U.S. Department of Health and Human Services, Office of Inspector General; U.S. Department of Housing and Urban Development, Office of Inspector General, and U.S. Department of Energy, Office of Inspector General.
The matter was handled within the U.S. Attorney’s Office by Assistant U.S. Attorney Ndidi N. Moses and Auditor Susan N. Spiegel. The Office of the Attorney General for the State of Connecticut was represented by Assistant Attorney General Christopher M. Haddad.
Cedar Rapids Woman Pleads Guilty to Federal Fraud Charges after Stealing the Identity of an Elderly WidowRead the Press Release
A Cedar Rapids woman pled guilty today in federal court in Cedar Rapids.
Robin Ann Bertelli, age 60, from Cedar Rapids, Iowa, was convicted of one count of bank fraud and one count of aggravated identity theft.
In a plea agreement, Bertelli admitted that in 2013, she began a romantic relationship a former Navy SEAL, who lived with his elderly and widowed mother in rural Central City, Iowa. Bertelli soon moved in with the widow and her son. The widow was unable to walk to her mailbox to get her mail. Bertelli stole mail from the widow, including mail from her financial institution, Collins Community Credit Union (“CCCU”).
In December 2015, the former Navy SEAL received an inheritance of approximately $18,000 from a relative and deposited this inheritance into his checking account at CCCU. In February 2016, Bertelli and the former Navy SEAL travelled together to Puerto Rico for a vacation. On that trip, the former Navy SEAL unexpectedly died in Puerto Rico. Bertelli reported to others that the former Navy SEAL went swimming, hit his head on a rock, and accidentally drowned.
Family members of the former Navy SEAL ultimately discovered that Bertelli had stolen blank CCCU checks from the former Navy SEAL and his mother. From July 2013 through September 2016, Bertelli fraudulently made 63 checks payable to herself, inserted a dollar amount, and forged their signatures. Bertelli deposited these forged checks into her own account at NXT Bank, fraudulently causing transfers of funds from the CCCU accounts of the former Navy SEAL and his mother into Bertelli’s account. The three transfers from the former Navy SEAL’s CCCU account all occurred after the date of his death. Bertelli stole a total of $191,500 from the CCCU accounts of the former Navy SEAL and his mother. Bertelli used the stolen funds for her own purposes, including to purchase a luxury car.
The prosecution of Bertelli is part of the Department of Justice’s Elder Abuse Initiative. In March 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of ten districts nationwide to launch regional Elder Justice Task Forces. The Elder Justice Task Forces reflect the department’s larger strategy and commitment to protecting our nation’s seniors, spearheaded by the department’s Elder Justice Initiative. The Elder Justice Initiative coordinates and supports the Department’s law enforcement efforts and policy activities on elder justice issues. It plays an integral role in the department’s investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries. The United States Attorney’s Office for the Northern District of Iowa has rededicated its efforts and resources to investigate and hold accountable those who have been involved in activities incompatible with ensuring that the state’s more vulnerable citizens are treated with dignity and respect.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Bertelli remains free on bond previously set. Bertelli faces a mandatory minimum sentence of 2 years’ imprisonment and a possible maximum sentence of 32 years’ imprisonment, a $1,250,000, and 5 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Timothy Vavricek and was investigated by the Linn County Sheriff’s Office and the United States Postal Inspection Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-30-LRR.
Follow us on Twitter @USAO_NDIA.
California Man Sentenced to 60 Months for Marijuana ConspiracyRead the Press Release
ALBANY, NEW YORK – Eric D. McNeil, age 40, of Murietta, California, was sentenced today to 60 months in prison for conspiring to distribute at least 200 kilograms of marijuana in Columbia County.
The announcement was made by United States Attorney Grant C. Jaquith and Acting Inspector in Charge Delany De Leon-Colon, United States Postal Inspection Service (USPIS), Boston Division.
In pleading guilty on December 20, 2017, McNeil admitted that he used the United States Postal Service to send at least 200 kilograms (or 440 pounds) of California-grown marijuana to a co-conspirator located in Columbia County, New York. McNeil was arrested on May 2, 2017 in Berkshire County, Massachusetts, while attempting to collect payment from a co-conspirator.
Senior United States District Judge Norman A. Mordue also imposed a 4-year term of supervised release, to begin after McNeil is released from prison.
This case was investigated by the USPIS and prosecuted by Assistant U.S. Attorney Michael Barnett.
California Man Charged with Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that a Eureka, California, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Melvin Farmer, Jr., age 43, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 16, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, at least 2 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between August 1, 2012, and August 22, 2017, Farmer, along with his sister and her husband, knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute marijuana, a Schedule I controlled substance.
The charge is merely an accusation and Farmer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Farmer was released on bond pending trial. A trial date has not been set.
Buffalo, NY Man Conspired to Distribute Crack Cocaine in New Castle AreaRead the Press Release
PITTSBURGH - A resident of Buffalo, NY, pleaded guilty in federal court to a charge of conspiracy to distribute 28 grams or more of crack cocaine, United States Attorney Scott W. Brady announced today.
Marlin Scott, age 25, pleaded guilty to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that in 2015, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, and other agencies joined forces in a long-term wiretap investigation of drug trafficking in New Castle, Pennsylvania. The investigation revealed that Scott conspired with others to distribute crack cocaine, which was transported from Buffalo to the New Castle area for further distribution.
Judge Fischer scheduled sentencing for October 26, 2018. The law provides for a maximum total sentence of not less than five years and up to 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued the defendant’s detention.
Assistant United States Attorney Tonya Sulia Goodman is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the New Castle Police Department, and the Lawrence County Drug Task Force conducted the investigation that led to the prosecution of Scott.
Brockton Man Sentenced to 10 Years for Cocaine and Crack Cocaine TraffickingRead the Press Release
BOSTON – A Brockton man was sentenced today in federal court in Boston on drug trafficking charges.
Luis Rivera, a/k/a “Fat Louie,” 35, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 10 years in prison, five years of supervised release and ordered to pay a $5,000 fine. In November 2017, Rivera pleaded guilty to one count of conspiracy to distribute cocaine and cocaine base, also known as crack cocaine.
During an investigation into a network of street gangs trafficking illegal firearms and drugs, investigators identified Rivera as a Brockton-based source of supply for cocaine and cocaine base for numerous street-level drug dealers in Brockton and other communities.
From January to April 2016, a cooperating witness purchased significant amounts of both cocaine and crack cocaine from Rivera. Rivera operated his robust drug trafficking business from various residential and business locations in Brockton, including a residence at 103 Green Street, and conspired with numerous other individuals, including members/associates of the Boylston Street Gang, to distribute drugs.
Rivera is one of 53 defendants indicted in June 2016 on federal firearms and drug charges following an investigation into a network of street gangs that created alliances to traffic weapons and drugs throughout Massachusetts and to generate violence against rival gang members. According to court documents, the defendants, who are leaders, members, and associates of the 18th Street Gang, East Side Money Gang and the Boylston Street Gang, were responsible for fueling a gun and drug pipeline across a number of cities and towns in eastern Massachusetts. During the course of the investigation, over 70 firearms were seized.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Peter Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; John Gibbons, U.S. Marshal for the District of Massachusetts; Maura Healey, Attorney General of Massachusetts; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Boston Police Commissioner William Evans; Chelsea Police Chief Brian Kyes; and Brockton Police Chief John Crowley made the announcement today. The U.S. Attorney’s Office also acknowledges the assistance of the Suffolk and Middlesex County Sheriff Departments and the Malden, Revere and Everett Police Departments.
Bergen County Man Charged with Illegally Obtaining NaturalizationRead the Press Release
NEWARK, N.J. – A River Edge, New Jersey, man was arrested today for allegedly concealing prior criminal activity involving sexual intercourse with a child on his naturalization application, U.S. Attorney Craig Carpenito announced.
Kyung Lim Park, a/k/a “Howard Kyung Lim Park,” 65, was arrested today and charged with knowingly procuring his own naturalization contrary to law by providing false information and concealing material facts. Park appeared this afternoon before U.S. Magistrate Judge Mark Falk and was released on $150,000 bond.
According to documents filed in this case and statements made in court:
On Oct. 13, 2011, Park, who lawfully entered the United States from South Korea in March 1998, completed a naturalization application to obtain U.S. Citizenship. Park was required to truthfully answer a question asking if he had ever committed a crime or offense for which he was not arrested. However, Park did not disclose that he had engaged in sexual intercourse with a child between December 2002 and April 2003.
After he received his citizenship, Park pleaded guilty in March 2016 in New Jersey Superior Court, Bergen County, to child endangerment and sexual conduct by a non-caretaker. During his plea hearing, Park admitted engaging in sexual intercourse with a child on at least three occasions between December 2002 and April 2003. He was later sentenced in October 2016 to five years’ probation, including community service for life and a requirement to register as a sex offender under Megan’s Law.
If convicted of the charge in today’s complaint, Park faces a maximum potential penalty of 10 years in prison, a $250,000 fine, and the possibility of losing his naturalization.
U.S. Attorney Carpenito credited special agents of Department of Homeland Security, Homeland Security Investigations, under the direction of Acting Special Agent in Charge Brian Michael, with the investigation.
The government is represented by Assistant U.S. Attorney Anthony Moscato, Chief of the U.S. Attorney’s Office National Security Unit in Newark.
18-176
Defense counsel: K. Anthony Thomas Esq.
Beach Aviation Owner Sentenced to 7 Years in Prison for Aviation FraudRead the Press Release
Robert Charles Brady, 36, of Fort Lauderdale, was sentenced yesterday to 84 months in prison by United States District Court Judge Donald M. Middlebrooks, after having previously pled guilty to wire fraud, filing false records in a federal investigation and operating an aircraft without an airman’s certificate.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida and Marlies Gonzalez, Special Agent in Charge of the Department of Transportation Office of the Inspector General (USDOT OIG), Sunrise Field Office, made the announcement.
“Those who fail to comply with air safety certifications and regulations place the public at risk,” stated United States Attorney Benjamin Greenberg. “The U.S. Attorney’s Office and our federal partners will continue to work together to prosecute individuals who falsify qualifications, operate without authority and jeopardize our transportation safety.”
“The sentence handed down today against Robert Charles Brady for violations related to operating an aircraft without an airman's certificate, wire fraud, and falsification of records in a Federal investigation, demonstrates that ensuring the safety of the Nation’s air transportation system remains a high priority for both the Office of Inspector General and the Department of Transportation,” said Marlies Gonzalez, USDOT OIG Regional Special Agent-in-Charge. “Working with the Federal Aviation Administration and our prosecutorial partners, we will continue to prevent and detect violations of Federal laws and regulations designed to ensure public safety.”
According to the court record, Brady owned Beach Aviation and managed a flight school in Pompano and Boca Raton, Florida. Through Beach Aviation, Brady and his employees operated an illegal charter air carrier service. They chartered flights to and from Bahamas and other destinations in the United States, without proper certification from the Federal Aviation Administration (FAA). Through Beach Aviation, Brady also falsely claimed to be a certified flight instructor on student pilot trainees logbooks. Students and the FAA relied upon this falsified information in order to verify flight hours for FAA pilot certifications and ratings. Additionally, Brady falsified records that were presented to the FAA in order to seek a second-in-command rating on a Convair jet, which would allow him to fly as a copilot in a Convair on international flights.
Greenberg commended the investigative efforts of the USDOT OIG and FAA. This case was prosecuted by Assistant U.S. Attorney Scott Behnke.
Related court documents may be found on the website of the District Court for the southern District of Florida at www.flsd.uscourts.gov. or http://pacer.flsd.uscourts.gov.
Bank Robber and Getaway Driver Sentenced to Prison for Bank Robbery SpreeRead the Press Release
TUCSON, Ariz. – Today, Jason Matthew Wells, 50, of Tucson, Ariz., was sentenced by U.S. District Judge Rosemary Marquez to 51 months’ imprisonment. Wells had previously pleaded guilty to two counts of armed bank robbery and aiding and abetting.
During Oct. 2017, while wearing a disguise, Wells robbed a credit union and a Wells Fargo Bank with the use of a simulated handgun. He fled the banks and entered a waiting vehicle driven by his accomplice, Richard Dennis Langlois. After the robbery of the Wells Fargo Bank, a lengthy car chase by local law enforcement ensued. Langlois eventually stopped the stolen vehicle he was driving and abandoned the vehicle. Wells was caught after a foot chase in which he ran through neighborhoods and dropped a bag containing over $10,000 in cash, his wallet, and his cellular telephone. Cash from the robbery was strewn all over a backyard he fled through during the foot chase. Officers found more cash, disguises, and an air pistol in the abandoned vehicle. Langlois got away, but was apprehended a few weeks later. Both confessed to their involvement in the robberies.
Langlois, 55, also of Tucson, Ariz., also previously pleaded guilty to two counts of armed bank robbery, aiding and abetting, and was sentenced by U.S. District Judge Rosemary Marquez on Feb. 9, 2018, to 80 months’ imprisonment. Langlois had a more extensive criminal history.
The investigation in this case was conducted by the Federal Bureau of Investigation, Pima County Sheriff Department, and Tucson Police Department. The prosecution was handled by Raquel Arellano, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR-16-2237-TUC-RM (BGM)
RELEASE NUMBER: 2018-067_Wells
# # #
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.
Attorney General Jeff Sessions' Opinion in the Matter of Castro-TumRead the Press Release
Attorney General Jeff Sessions today signed his order and opinion in the Matter of Castro-Tum. Please attribute the following statement to Justice Department spokesman Devin O’Malley:
“Starting in 2012, immigration judges began increasingly to rely on administrative closures, which suspended cases indefinitely rather than actually rendering a final decision. Congress never granted such broad authority to immigration judges, nor had the Attorney General delegated it. This process—where immigration court cases were put ‘out of sight, out of mind’—effectively resulted in illegal aliens remaining indefinitely in the United States without any formal legal status. Today’s opinion by Attorney General Sessions promotes the rule of law in the immigration system and eliminates the unfettered use of administrative closures.”
Background:
- On June 17, 2011, Immigration and Customs Enforcement (ICE) issued a memo that provided “guidance on the exercise of prosecutorial discretion to ensure that the agency’s immigration enforcement resources are focused on the agency’s enforcement priorities.”
- Two years later, the Executive Office for Immigration Review (EOIR) issued a memo promoting the use of administrative closures and continuances.
- The ICE memo informed their attorneys that they "may exercise prosecutorial discretion in any immigration removal proceeding before EOIR…”
- From October 1, 2011 through September 30, 2017, 215,285 cases were administratively closed. This represents 76% of the total cases that were administratively closed in the 31-year period between FY80 and FY11.
- On January 4, 2018, Attorney General Jeff Sessions directed the Board of Immigration Appeals (BIA) to refer its decision in the Matter of Castro-Tum to him for review, an authority provided to the Office of the Attorney General by 8 C.F.R. § 1003.1(h)(1)(i).
- The following chart represents the number of cases that have been administratively closed, but have yet to be recalendared. This total is not counted in the total pending caseload, which sits at approximately 690,000.
Key Excerpts:
- “Immigration judges and the Board have come to rely upon administrative closure without thoroughly explaining their authority to do so. Unlike the power to grant continuances, which the regulations expressly confer, immigration judges and the Board lack a general authority to grant administrative closure. No Attorney General has delegated such broad authority, and legal or policy arguments do not justify it. I therefore hold that immigration judges and the Board lack this authority except where a previous regulation or settlement agreement has expressly conferred it.” (Section III; page 9)
- “This certified case demonstrates how administrative closure particularly undermines the INA’s mandate to swiftly adjudicate immigration cases when the respondent fails to appear.” (page 2)
- “The current practice of administrative closure lacks a valid legal foundation, and I do not believe it would be appropriate to delegate such authority.” (Section III.B; page 17)
- “In the other administratively closed cases, immigration judges and the Board ordered administrative closure without the authority to do so. I am cognizant of the need to return these cases to the active docket so that these matters can proceed expeditiously. Requiring recalendaring of all of these cases immediately, however, would likely overwhelm the immigration courts and undercut the efficient administration of immigration law.” (Section IV; page 17)
- “Consequently, I now order that all cases that are currently administratively closed may remain closed unless DHS or the respondent requests recalendaring.” (Section IV; page 17)
Additional EOIR Background:
- If you are reporting on the backlog, you can use the following statement from DOJ spokesman Devin O’Malley: “Many of the policies in recent years have contributed to a three-fold increase of the immigration courts’ pending caseload. This massive increase necessitated the Justice Department’s ‘Strategic Caseload Reduction Plan,’ a series of common-sense reforms that aim to reduce the so-called ‘backlog’ by realigning the agency towards completing cases, increasing both productivity and capacity, and changing policies that lead to inefficiencies and waste.”
- For your background on the Strategic Caseload Reduction Plan:
- A streamlined hiring plan for immigration judges that reduces the hiring time from 762 days to 6-8 months. Under Attorney General Sessions’s leadership, we have already reached a reduction to 10 months, and we are confident we will hit the 6-8 month goal this year.
- Requested—and received—funding that decreases the ratio of judges to clerks from 2:1 to 1:1, which will increase efficiency and productivity.
- EOIR is actively working with GSA to identify new space and to expedite build-outs of existing space.
- EOIR is planning to pilot Video Teleconferencing (VTC) immigration adjudication centers (IACs), where IJs will adjudicate cases from around the country.
- EOIR is working to replace an antiquated paper filing system to an electronic filing system, and a pilot program for that will soon be established.
NOTE: The Attorney General's opinion in the Matter of Castro-Tum is attached here.
Arizona Men Charged in Manhattan Federal Court with $23 Million Fraud and Money Laundering Scheme in Connection with Purported Fundraising for Numerous Scam Political Action CommitteesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that WILLIAM TIERNEY, a/k/a “Bill Johnson,” and ROBERT TIERNEY were arrested this morning and charged with wire fraud conspiracy, mail fraud conspiracy, and money laundering conspiracy for their role in a nationwide, multi-year scheme to defraud donors to at least nine political action committees in the amount of more than $23 million. The defendants are expected to be presented this afternoon in the District Court of Arizona.
U.S. Attorney Geoffrey S. Berman said: “As alleged, the defendants secretly operated numerous political action committees, raising small-dollar donations from people who believed their hard-earned money would support the causes described in solicitation calls and mailings. In reality, as alleged, these PACs were political action committees in name only – they engaged in no advocacy campaigns, education efforts, or political operations, and donated less than one percent of the money they raised to candidates for office, all while personally enriching the defendants. Now, these so-called PACs are no longer defrauding donors, and the defendants have been charged with federal crimes.”
FBI Assistant Director William F. Sweeney Jr. said: “The defendants, as alleged, capitalized on the sympathy and activism of those who sought to support awareness of various causes near and dear to their hearts. Instead, virtually none of the money raised was used for its intended purpose, and the so-called political action committees served as nothing more than a front for an extensive personal fundraising campaign. Today's charges detail a scheme lacking in ethical oversight and laden with greed, but it all ends today.”
According to the Complaint[1] unsealed today in Manhattan federal court:
From 2014 up to the present, WILLIAM TIERNEY and ROBERT TIERNEY defrauded tens of thousands of donors to at least nine political action committees that they controlled, operated, and influenced. The defendants founded and directly operated six PACs,[2] and managed, operated, or influenced three additional PACs[3] (“Scam PACs). These nine Scam PACs – which collectively raised more than $23 million between 2014 and 2017, and more than $50 million in the past 10 years – were fraudulent entities, operated solely to enrich the defendants and their co-conspirators.
As alleged, the Scam PACs targeted victims across the country, raising funds on the basis of fraudulent representations that the donations would support voter education regarding, and the political campaigns of those who supported, various causes, including autism awareness, law enforcement, and pro-life causes—including through purported “coast to coast” education and advocacy campaigns, working with local groups and organizations, and “investing every penny . . . in the big races to come.” In truth, virtually all of the money raised was either paid to the scheme participants or used to perpetuate the fraud through additional telemarketing, fundraising, and overhead expenditures. During the relevant time period, less than one percent of all donor money to the Scam PACs was spent on political contributions.
The defendants perpetrated the fraud through various deceptive means and methods. For example, as alleged, the defendants created and utilized a web of shell pass-through entities to conceal and disguise their fraud. Donated funds were transferred to these shell entities, which were given names that suggested activities related to marketing, consulting, and communications efforts, including for issue-specific causes – so that payments to the shell entities would appear to be for legitimate expenditures. In at least one instance, a website was created for one of the shell entities, falsely stating that the entity provided direct marketing and political consulting services to trade associations, candidate campaigns, political action committees, and nonprofit organizations. In fact, these and the other shell entities were created by the defendants and their co-conspirators, had no active operations or employees, were retained by no outside “clients,” and served only to funnel and disguise financial transactions involving money donated to certain Scam PACs.
WILLIAM TIERNEY also allegedly instructed two companies that made telemarketing solicitation calls for certain Scam PACs to create their own shell companies – which he referred to as “Stealth LLCs” – with names that concealed any discernible connection with their parent telemarketing vendors. This prevented the Federal Election Commission (“FEC”), donors, and other members of the public from being able to learn from required FEC disclosure forms that multiple Scam PACs were in fact paying the same telemarketing vendors.
As alleged, the scheme participants also used multiple fraudulent identities. WILLIAM TIERNEY used the fake identity of “Bill Johnson” when meeting and corresponding with officials at certain fundraising call centers, including during meetings at which ROBERT TIERNEY was present. Another fake identity, “Emma Smith,” was used in fundraising solicitations, and was described as a “Volunteer Coordinator” for one of the PACs; in fact, neither Emma Smith nor the position of “Volunteer Coordinator” actually existed. The defendants also undertook efforts to avoid press coverage of the Scam PACs more generally, despite the Scam PACs’ claims in solicitation materials of national advocacy and awareness campaigns.
Donations to the Scam PACs during the relevant period totaled more than $23 million. Approximately $109,000 of those donations were directed to political candidates and more than $3.5 million was paid to the defendants personally.
* * *
WILLIAM TIERNEY, 46, and ROBERT TIERNEY, 40, are each charged with one count of wire fraud conspiracy, which carries a maximum sentence of 20 years in prison; mail fraud conspiracy, which carries a maximum sentence of 20 years in prison; conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison; and conspiracy to engage in monetary transactions in property derived from specified unlawful activity, which carries a maximum sentence of 10 years in prison.
The statutory maximum and mandatory penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the judge.
Mr. Berman praised the investigative work of the Special Agents of the United States Attorney’s Office for the Southern District of New York, and thanked the Federal Bureau of Investigation for its assistance in the investigation.
If you think you are a victim of, or have information about, the scheme alleged in this press release, or if you are a victim of, or have information about, a similar scheme, you are encouraged to contact the FBI at 212-384-2135.
This case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Alex Rossmiller and Alison Moe are in charge of the prosecution.
The charges contained in the Complaint are merely accusations. The defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
[2] Grassroots Awareness PAC, Americans for Law Enforcement PAC, National Campaign PAC, Voter Education PAC, Action Coalition PAC, and Protect Our Future PAC.
[3] Life and Liberty PAC, Republican Majority PAC, and RightMarch.com PAC. These three PACs originally were founded by others.
Albuquerque Man Pleads Guilty to Federal Prescription Drug Trafficking ChargeRead the Press Release
ALBUQUERQUE – Stetson Holliday, 23, of Albuquerque, N.M., pled guilty today in federal court to a prescription drug trafficking charge.
The DEA arrested Holliday on Jan. 16, 2018, on a criminal complaint charging him with distributing prescription drugs. According to the criminal complaint, Holliday distributed approximately ten Xanax (Alprazolam) tablets to an undercover DEA Special Agent on Nov. 30, 2016.
Holliday was indicted on Feb. 14, 2018, and was charged with distributing a Schedule IV controlled substance, alprazolam, on Nov. 30, 2016, in Bernalillo County, N.M. During today’s proceedings, Holliday pled guilty to the indictment without the benefit of a plea agreement.
At sentencing, Holliday faces a maximum penalty of five years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Peter J. Eicker as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Airline Staffing Executive Sentenced to Prison for Years of Immigration FraudRead the Press Release
Assistant U.S. Attorney Nicholas W. Pilchak (619) 546-9709
NEWS RELEASE SUMMARY – May 17, 2018
SAN DIEGO – Eleno Quinteros, Jr., the former vice president of operations for two airline mechanic staffing companies, was sentenced today to 12 months in prison for making false statements in support of legal permanent resident petitions for dozens of the companies’ mechanics.
Quinteros previously admitted falsely certifying that he had received no payments from the mechanics, when in fact he had demanded and collected hundreds of thousands of dollars of unlawful fees from approximately 85 of them. Today, U.S. District Judge Michael M. Anello sentenced Quinteros to a year and a day in custody based on his view of the “enormity of the offense.”
According to his plea agreement, Quinteros demanded and collected as much as $567,480 from his foreign labor workers, even though employers are prohibited by law from demanding payment for their fees—including attorneys’ fees—in connection with the charged applications. Less than half of the money Quinteros collected was actually paid to immigration attorneys assisting with the applications, while Quinteros himself kept an estimated $372,715, according to court filings.
Quinteros was vice president of two different staffing companies, as set out in his plea agreement. The companies’ staff performed heavy maintenance on aircraft at a variety of airfields nationwide. Quinteros was responsible for recruiting Mexican aircraft mechanics to work in the United States for the companies, and for helping recruits to obtain work visas such as TN or H-2B visas.
According to the indictment, after assisting his recruits in obtaining work visas to come to the United States, Quinteros then agreed to help at least 85 of them pursue a legal permanent residency—in exchange for substantial (and unlawful) fees. Quinteros directed many employees to deposit money into his wife’s bank account, or provide him with blank money orders, in order to conceal the source of the unlawful funds. Other funds were routed through a company bank account, where Quinteros falsely described them to the company bookkeeper as a “loan” from him to the company, according to court filings.
Quinteros collected as much as ten or twenty thousand dollars from some workers, per court records. Although Quinteros himself was well compensated by his two companies during his scheme, some of his recruits had to sell their homes and cars to finance the unlawful fees.
On August 10, 2017, Quinteros pleaded guilty to a single count of making a false claim in support of an immigration application, in violation of Title 18, United States Code, Section 1546(a). He admitted in his plea, however, that the underlying scheme involved more than 25 immigration documents. Quinteros has already been ordered to pay back $292,526 in illegal fees collected from 52 of the identifiable victims of his scheme.
“Legal permanent residency in the United States is not a bargaining chip that greedy employers can sell to the highest bidder,” said U.S. Attorney Adam L. Braverman. “This office will vigorously investigate and prosecute those who commit immigration fraud.”
“The Diplomatic Security Service is firmly committed to making sure that those who commit visa fraud face consequences for their criminal actions,” said Michael Bishop, Special Agent-in-Charge of the U.S. Department of State’s Diplomatic Security Service, Los Angeles Field Office. “The strong relationship we enjoy with our law enforcement partners on the Document Benefit Fraud Task Force and DSS’ global network of special agents working together to stop criminals from reaping illegal income by exploiting U.S. visas and foreign workers continues to be essential in the pursuit of justice.”
“As this sentence makes clear, individuals who undermine our nation’s security by compromising the integrity of our immigration laws for their own enrichment will face serious consequences,” said Joseph Macias, Special Agent in Charge for Homeland Security Investigations (HSI) Los Angeles. “Working closely with our law enforcement partners, HSI will move aggressively to hold those involved in these types of criminal schemes accountable.”
“This is a perfect example of federal agencies working together to combat those trying to defraud the government,” stated U.S. Citizenship and Immigration Services (USCIS) Los Angeles District Director, Donna Campagnolo. “USCIS FDNS will continue playing a key role in USCIS efforts to safeguard the integrity of our immigration laws, protect American workers, and safeguard the Homeland.”
DEFENDANT Case No. 17-cr-557-MMA
Eleno “Max” Quinteros, Jr. 46 years old Chula Vista, California
CHARGES
False Statement on an Immigration Document - 18 U.S.C. § 1546(a)
Maximum penalty: 10 years’ imprisonment and $250,000 fine
AGENCIES
Department of State, Diplomatic Security Service
Department of Homeland Security, Homeland Security Investigations
U.S. Citizenship and Immigration Services