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22 June 2018
Three Charged in Separate Illegal Re-Entry CasesRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced three separate indictments charging individuals with illegally re-entering the United States.
Efrain Tellez-Perez, a/k/a “Efrain Tellez,” of Philadelphia, PA, was charged by indictment yesterday with illegal reentry after deportation. The indictment alleges that on or about May 14, 2018, Tellez-Perez, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about January 29, 2010, March 6, 2011, and March 11, 2011.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Josh A. Davison.
Wilken Rahames Antigua-Diaz, a/k/a “Christopher Serrano,” of Philadelphia, PA, was charged by indictment yesterday with illegal reentry after deportation. The indictment alleges that on or about May 11, 2018, Antigua-Diaz, an alien, and native and citizen of the Dominican Republic, was found in the United States after having been deported and removed from the United States on or about February 23, 2011 and May 29, 2013.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Roberta Benjamin.
Antonio Frutos-Zavala, of Reading, PA, was charged by indictment yesterday with illegal reentry after deportation. The indictment alleges that in March, 2018, Frutos-Zavala, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about November 15, 1998, March 28, 2008, March 26, 2008, and November 8, 2017.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Josh A. Davison.
If convicted, each defendant faces a maximum possible sentence of two years.
Texas Tax Return Preparer Sentenced to Prison for Tax and Identity Theft CrimesRead the Press Release
A former Killeen, Texas resident was sentenced to 42 months in prison today for aiding and assisting in the preparation and filing of a false tax return and aggravated identity theft, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents, Shermin Marshall devised a scheme to file false federal income tax returns on behalf of his clients. Marshall falsified specific items on his clients’ tax returns in order to fraudulently increase their tax refunds. Marshall directed clients’ refunds to be deposited into financial accounts that he controlled and, unbeknownst to his clients, Marshall stole a portion of those refunds. To facilitate the diversion of the stolen funds, Marshall opened financial accounts in his clients’ names, without their permission.
In addition to the term of imprisonment, U.S. District Court Judge Lee Yeakel ordered Marshall to serve three years of supervised release and to pay $397,367 in restitution to the Internal Revenue Service.
Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorneys Robert A. Kemins and David Zisserson, who are prosecuting the case and the U.S. Attorney’s Office for the Western District of Texas (Waco Division) for their substantial assistance.
Additional information about the Tax Division and its enforcement efforts can be found on the division’s website.
Texas Physician and Two Texas Nurses Convicted for Roles in Home Health Care Fraud SchemeRead the Press Release
A federal jury found one physician and two nurses guilty today of health care fraud, and one physician and one nurse guilty of conspiracy to commit health care fraud, all for their roles in a home health fraud scheme.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Erin Nealy Cox of the Northern District of Texas, Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Region, Special Agent in Charge Eric Jackson of the FBI’s Dallas Field Office and Director of Law Enforcement David Maxwell of the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU) made the announcement.
After a five-day trial, Kelly Robinett, M.D., 70, of Denton County, Texas; and Kingsley Nwanguma, 47, of Dallas County, Texas were each convicted of one count of conspiracy to commit health care fraud. In addition, Robinett and Nwanguma were each convicted of three counts of health care fraud, and Joy Ogwuegbu, 42, of Collin County, Texas was convicted of four counts of health care fraud. Sentencing before U.S. District Judge Reed O’Connor of the Northern District of Texas, who presided over the trial, has not yet been scheduled.
“Medical professionals Kelly Robinett, Kingsley Nwanguma, and Joy Ogwuegbu engaged in a multimillion-dollar scheme to defraud the taxpayer-funded Medicare program by certifying patients for medically unnecessary home health services and falsifying medical records to hide their crimes,” said Acting Assistant Attorney General Cronan. “The Criminal Division and our law enforcement partners are committed to protecting taxpayer dollars by vigorously pursuing medical professionals and anyone else who seeks to profit off our federal health programs through fraud and deceit.”
“The significance of this case highlights the responsibility healthcare workers, especially physicians and nurses, have to protect not only their patients, but prevent fraud against any federal health insurance program during the performance of their duties,” said Eric K. Jackson, FBI Dallas Special Agent-In-Charge. “Their decision to undertake this level of fraud against the government is something that the FBI will always make a priority to investigate and bring to justice those who would use their influential positions and their access for personal gains.”
“All patient care decisions must be based on legitimate assessments of medical need,” said CJ Porter, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “In this case, decisions revolved around a fraud scheme to enrich the defendants. The Office of Inspector General, with our enforcement partners, will continue to pursue prosecutions of this nature to protect federal health care program dollars.”
According to evidence presented at trial, from 2007 through 2015, Robinett, Nwanguma, and others, engaged in a scheme to defraud Medicare by submitting and causing the submission of false and fraudulent claims to Medicare, through Timely Home Health Services Inc. (Timely), a home health agency, and Boomer House Calls, a physician house call company. The evidence presented at trial showed that Robinett, a doctor of osteopathic medicine, certified Medicare beneficiaries—whom he had never seen and did not care to see—for medically unnecessary home health services that were often not provided. The evidence further established that Ogwuegbu, a registered nurse, falsified nursing assessments and Nwanguma, a licensed vocational nurse, falsified nursing notes, to make it appear as if Medicare beneficiaries were qualified for and were provided skilled nursing services.
Evidence at trial demonstrated that Timely billed Medicare for over $11.3 million for home health services purportedly provided to Timely’s patients, some of which was attributable to certifications Robinett signed. Robinett’s company Boomer House Calls billed Medicare approximately $1 million for medically unnecessary home health certifications and services and physician’s home visits.
Four other defendants, have been convicted in this matter and in a related case. Shawn Chamberlain, PA, 48, of Collin County; Angel Claudio, MD, 61, of Hood County; Usani Ewah, RN, 59, of Dallas County; and Patience Okoroji, 60, of Dallas County, previously pleaded guilty and are awaiting sentencing.
This case was investigated by the HHS-OIG, FBI, and MFCU. Assistant Deputy Chief Adrienne Frazior and Trial Attorneys Aleza Remis and Christina Liu of the Criminal Division’s Fraud Section are prosecuting the case.
The Medicare Fraud Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.
Texas Drug Traffickers Sentenced to 19 Years in Federal Prison for Conspiring to Distribute Methamphetamine in the Western District of ArkansasRead the Press Release
Texarkana, Arkansas – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced today that three Texarkana, Texas methamphetamine traffickers were sentenced for Conspiracy to Distribute Methamphetamine. Demetrius Allah Stanley aka “Cuzo,” age 42, of Texarkana, Texas was sentenced on June 20, 2018 to 96 months in federal prison followed by 3 years of supervised release, Amy Darlene Bryant, age 39, of Texarkana, Texas, was sentenced on June 20, 2018 to 21 months in federal prison followed by 3 years of supervised release, and James Ruble Little, age 32, originally of Fouke, Arkansas was sentenced today to 120 months in federal prison followed by 3 years of supervised release. The Honorable Susan O. Hickey presided over the sentencing hearings in the United States District Court in Texarkana.
According to court records, in January of 2016, investigators working with the Texas Department of Public Safety ("TX DPS") began an investigation into a local methamphetamine trafficking group operating on the Texas side of Texarkana in Bowie County. During that investigation, TX DPS investigators utilized a confidential informant (CI) to arrange for multiple purchases of methamphetamine from James Little ("Little") from his home in Texarkana, Texas. During one of the transactions, Amy Bryant was seen driving from her Texas home to Little’s place of work at a tire shop in Texas. Bryant picked up Little and transported him in her vehicle to an apartment complex in Texarkana, Texas, where they then picked up, Demetrius Stanley ("Stanley").
Law Enforcement then followed Bryant as she drove Stanley and Little to the home of a known methamphetamine distributor at a residence on the Arkansas side of Texarkana. While at that home, Stanley exited the vehicle and met with his source of methamphetamine and then rejoined, Little and Bryant. After the meeting, Stanley, Little, and Bryant all drove to an arranged meet location. Once there Bryant dropped off Little. Little then provided the CI an ounce of methamphetamine. The suspected methamphetamine was sent to the Arkansas State Crime Laboratory where it was determined to be a total of 27.61 grams of methamphetamine.
On October 19, 2016, Little’s bond was revoked in his federal case after he attempted suicide after learning that he was under investigation for the sexual assault of minors. On May 21, 2018, Little pled guilty to state charges of Rape in Miller County Circuit Court in Miller County, Arkansas. He is scheduled to be sentenced on that offense on June 26, 2018.
Stanley, Bryant and Little were all indicted by a federal grand jury in August 2016 and pled guilty in 2017.
This case was investigated by Texas Department of Public Safety (TXDPS). Assistant United States Attorney Ben Wulff prosecuted the case for the United States.
Texarkana Man Sentenced to over 12 Years in Federal Prison for Firearms ViolationRead the Press Release
Texarkana, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Keith Morgan Block, age 51, of Texarkana, Texas was sentenced yesterday to 155 months in federal prison followed by three years of supervised release on one count of Felon in Possession of a Firearm. The Honorable Susan O. Hickey, United States District Judge, presided over the sentencing hearing in Texarkana.
According to court records, in April 2016, law enforcement officers stopped a vehicle in Texarkana for failing to use a turn signal. The vehicle contained two occupants, a driver and a passenger, later identified as Block. The driver of the vehicle was arrested on an outstanding unrelated warrant. An officer then attempted to search Block for officer safety purposes, but Block fled on foot. During the chase, a firearm fell from Block’s clothing. Block was apprehended after a brief chase in the parking lot and he was taken into custody.
A federal grand jury indicted Block in April 2016, and he pled guilty in July 2017.
This case was investigated by Texarkana Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney Graham Jones prosecuted the case for the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
Texarkana Man Sentenced to over 12 Years in Federal Prison for Distribution of MethamphetamineRead the Press Release
Texarkana, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Christopher Whistle, age 40, of Texarkana, Arkansas, was sentenced today to 100 months in federal prison followed by three years of supervised release on one count of Distribution of Methamphetamine. The Honorable Susan O. Hickey presided over the sentencing hearing in the United States District Court in Texarkana.
According to court records, in December 2015, agents with the Bi-State Narcotics Task Force (BSNTF) and the Federal Bureau of Investigation (FBI) began an investigation into methamphetamine distribution in the Texarkana area. This investigation allowed law enforcement to identify Whistle as a distributer of methamphetamine in the area. After learning this, agents with the BSNTF and the FBI conducted a controlled purchase of methamphetamine from Whistle. The methamphetamine was sent to the Arkansas State Crime Laboratory for analysis. The substance was determined 11.57 grams of actual methamphetamine.
Whistle was indicted by a federal grand jury in December 2015, and entered a guilty plea to distribution of methamphetamine in December 2017.
This case was investigated by Bi-State Narcotics Task Force and the Federal Bureau of Investigation. Assistant United States Attorney Brice White prosecuted the case for the United States.
Tax preparers plead guilty to conspiring to defraud the government of more than $3,500,000Read the Press Release
ATLANTA - Joseph Racine and Arnouse Merlien have pleaded guilty to conspiracy to violate the federal income tax laws by purposely misrepresenting to the IRS that their clients were qualified to receive certain tax credits and deductions on their federal tax returns. Racine is the owner of JSR Westend Tax Services, located in Atlanta, Georgia and JSR Tax Services, located in Greenacres, Florida.
“These defendants defrauded taxpayers of over $3,500,000 by falsely claiming tax credits and expenses on tax returns,” said U.S. Attorney Byung J. “BJay” Pak. “Tax preparers and others who steal from the public fisc by deliberately devising schemes to cheat the system will be vigorously prosecuted.”
“The IRS uses all of its investigative resources to uncover abusive tax return preparers who knowingly file fraudulent tax returns for the benefit of themselves and others,” said Thomas J. Holloman, Special Agent in Charge, IRS Criminal Investigation. “The IRS is actively pursuing these bad return preparers and are holding them accountable for their criminal actions.”
According to U.S. Attorney Pak, the charges and other information presented in court: In December 2016, Internal Revenue Service - Criminal Investigation (IRS-CI) identified JSR Westend Tax Services as potentially filing fraudulent returns for tax years 2013 through 2015. The investigation revealed that Racine was filing fraudulent returns involving multiple credits and deductions, including the fuel tax credit, refundable education credit, and unreimbursed employee business expenses. Racine requested refunds on 99 percent of the returns, a rate significantly higher than the average over the same years. In March 2017, IRS-CI determined that JSR Tax Services in Florida, where Merlien primarily worked, was filing federal tax returns displaying the same patterns of fraud as those prepared at JSR Westend Tax Services in Atlanta.
The investigation revealed that Racine and Merlien engaged in this scheme to increase the amount of money they could charge their clients for preparing their returns. The investigation further revealed that the fraud perpetrated by Racine and Merlien resulted in losses to the U.S. Government in excess of $3,500,000.
Sentencings for Joseph Racine, 37, and Arnouse Merlien, 40, both of Boynton Beach, Florida, have been scheduled for September 6, 2018, before U.S. District Judge Leigh M. May.
This case is being investigated by the Internal Revenue Service Criminal Investigation.
Assistant U.S. Attorney Michael Herskowitz is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Tampa Man Sentenced to Ten Years in Federal Prison for Attempted Enticement of A MinorRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody today sentenced Danni McNaughton (45, Tampa) to 10 years in federal prison for attempted enticement of a minor. The court also ordered him to forfeit a cellphone that he had used in committing the offense.
According to court documents, between March 28, 2017, and October 11, 2017, McNaughton communicated online with an undercover officer, whom he believed to be a 13-year-old girl, and continually requested that the “child” send him pictures of herself. To induce such actions, McNaughton sent the “child” numerous images of his genitalia, as well as pictures of child erotica and a photo of child pornography. He also instructed the “child” on how to masturbate and discussed what types of sexual acts he would like to perform on her.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Diego F. Novaes.
It is another case 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.justice.gov/psc.
Texas Physician and Two Texas Nurses Convicted for Roles in Home Health Care Fraud SchemeRead the Press Release
DALLAS – A federal jury found one physician and two nurses guilty today of health care fraud, and one physician and one nurse guilty of conspiracy to commit health care fraud, all for their roles in a home health fraud scheme.
U.S. Attorney Erin Nealy Cox of the Northern District of Texas, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Region, Special Agent in Charge Eric Jackson of the FBI’s Dallas Field Office and Director of Law Enforcement David Maxwell of the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU) made the announcement.
After a five-day trial, Kelly Robinett, M.D., 70, of Denton County, Texas; and Kingsley Nwanguma, 47, of Dallas County, Texas were each convicted of one count of conspiracy to commit health care fraud. In addition, Robinett and Nwanguma were each convicted of three counts of health care fraud, and Joy Ogwuegbu, 42, of Collin County, Texas was convicted of four counts of health care fraud. Sentencing before U.S. District Judge Reed O’Connor of the Northern District of Texas, who presided over the trial, has not yet been scheduled.
“Medical professionals Kelly Robinett, Kingsley Nwanguma, and Joy Ogwuegbu engaged in a multimillion-dollar scheme to defraud the taxpayer-funded Medicare program by certifying patients for medically unnecessary home health services and falsifying medical records to hide their crimes,” said Acting Assistant Attorney General Cronan. “The Criminal Division and our law enforcement partners are committed to protecting taxpayer dollars by vigorously pursuing medical professionals and anyone else who seeks to profit off our federal health programs through fraud and deceit.”
“The significance of this case highlights the responsibility healthcare workers, especially physicians and nurses, have to protect not only their patients, but prevent fraud against any federal health insurance program during the performance of their duties,” said Eric K. Jackson, FBI Dallas Special Agent-In-Charge. “Their decision to undertake this level of fraud against the government is something that the FBI will always make a priority to investigate and bring to justice those who would use their influential positions and their access for personal gains.”
“All patient care decisions must be based on legitimate assessments of medical need,” said CJ Porter, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “In this case, decisions revolved around a fraud scheme to enrich the defendants. The Office of Inspector General, with our enforcement partners, will continue to pursue prosecutions of this nature to protect federal health care program dollars.”
From 2007 through 2015, Robinett, Nwanguma, and others, engaged in a scheme to defraud Medicare by submitting and causing the submission of false and fraudulent claims to Medicare, through Timely Home Health Services Inc. (Timely), a home health agency, and Boomer House Calls, a physician house call company. The evidence presented at trial showed that Robinett, a doctor of osteopathic medicine, certified Medicare beneficiaries—whom he had never seen and did not care to see—for medically unnecessary home health services that were often not provided. The evidence further established that Ogwuegbu, a registered nurse, falsified nursing assessments and Nwanguma, a licensed vocational nurse, falsified nursing notes, to make it appear as if Medicare beneficiaries were qualified for and were provided skilled nursing services.
Evidence at trial demonstrated that Timely billed Medicare for over $11.3 million for home health services purportedly provided to Timely’s patients, some of which was attributable to certifications Robinett signed. Robinett’s company Boomer House Calls billed Medicare approximately $1 million for medically unnecessary home health certifications and services and physician’s home visits.
Four other defendants, have been convicted in this matter and in a related case. Shawn Chamberlain, PA, 48, of Collin County; Angel Claudio, MD, 61, of Hood County; Usani Ewah, RN, 59, of Dallas County; and Patience Okoroji, 60, of Dallas County, previously pleaded guilty and are awaiting sentencing.
This case was investigated by the HHS-OIG, FBI, and MFCU. Assistant Deputy Chief Adrienne Frazior and Trial Attorneys Aleza Remis and Christina Liu of the Criminal Division’s Fraud Section are prosecuting the case.
The Medicare Fraud Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.
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Six from Northeast Ohio with convictions for violent crimes indicted for firearms offensesRead the Press Release
Six people from Northeast Ohio were indicted in federal court for firearms crimes.
All six are charged with being felons in possession of firearms and ammunition. They are: John Lewis Chapple, 31, of Cleveland; Anthony L. Norman, 35, of Cleveland, Miquel Jones, 48, of Cleveland; Marwan Little, 42, of Elyria, Clifton D. McCarty, 38, of Cleveland, and Tequan Rushton, 23, Youngstown
“These defendants are all people who are illegally carrying guns and who have committed violent crimes in the past,” U.S. Attorney Justin Herdman said.
“ATF’s mission is reducing violent gun crime in our country,” said ATF Special Agent in Charge Trevor A. Velinor. “We are committed to working with our federal, state, and local partners to follow the gun and remove the most violent criminals from our streets.”
Chapple was arrested on May 10 with a Czech cal-st-alb-et, 7.62 caliber semi-automatic handgun and ammunition, despite prior convictions on two counts of aggravated robbery, two counts of kidnapping and two counts of felonious assault; additional convictions for kidnapping, felonious assault and aggravated robbery, according to the indictment.
Norman was arrested on May 6 with a Springfield Arms .45-caliber handgun and ammunition, despite previous convictions for felonious assault with a firearm specification, carrying a concealed weapon and intimidation of a crime victim or witness
Jones was arrested on May 23 with a Ruger 9 mm handgun, a Maverick 12-gauge shotgun and 16 rounds of 9 mm ammunition despite previous convictions for robbery, domestic violence, burglary and other crimes.
Little was arrested on April 4 with a Amadeo Ross .38-caliber revolver and five rounds of ammunition despite a prior conviction for felonious assault.
McCarty was arrested on March 17 with a Taurus 9 mm handgun and 20 rounds of ammunition, despite prior convictions which made it illegal for him to have a firearm, including multiple drug trafficking crimes, attempted felonious assault of a peace officer, and attempted felonious assault with repeat violent offender specification.
Rushton was arrested on March 14 with a SCCY 9 mm pistol and ammunition despite a prior felony conviction for assault, according to the indictment.
This case is being prosecuted as part of "Project Safe Neighborhoods," a gun violence reduction program administered by the Department of Justice, U.S. Attorney's Office for the Northern District of Ohio. The program targets armed criminals for federal prosecution.
These cases were investigated by the Bureau of Alcohol, Tobacco and Firearms, the Cleveland Division of Police, the Ohio State Highway Patrol, the Ohio Adult Parole Authority, the Elyria Police Department, the Youngstown Police Department and the Bureau of Immigration and Customs Enforcement.
They are being prosecuted by Assistant U.S. Attorneys Brian S. Deckert, Payum Doroodian, Danielle K. Angeli and David M. Toepfer.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Simi Valley Man Pleads Guilty to Impersonating ICE AgentRead the Press Release
LOS ANGELES – A Simi Valley man has pleaded guilty to impersonating a special agent with U.S. Immigration and Custom Enforcement’s Homeland Security Investigations and, in that false persona, ordering a teenage boy out of a car before seizing and searching the minor’s cellphones without permission.
Farad Gharagozlou Bell, 63, pleaded guilty on Thursday to one count of false impersonation of a federal officer before United States District Judge S. James Otero.
By pleading guilty, Bell admitted that on December 2, 2017, he confronted a 15-year-old boy in the parking lot of the Pacific View Mall in Ventura. Bell was angry that the boy had sold a guitar that Bell had wanted to buy after seeing it offered for sale in an online advertisement. At the time, Bell was displaying a badge purporting to identify him as a “Special Agent” of “ICE” and bearing the purported seal of the U.S. Department of Homeland Security.
Bell ordered the boy out of a vehicle in which he was sitting with his family, pushed him against the car and patted him down for weapons. Bell seized the boy’s cellphones and looked through them without permission. A witness called the police, and when Ventura Police officers arrived, Bell told the officers that he was an agent with Homeland Security and that he worked with ICE. Bell also told the officers that he had formerly worked with the Drug Enforcement Agency. When asked for photo identification showing that he was a federal agent, Bell showed them a card bearing the words “UNITED STATES IDENTIFICATION” and three purported seals of the U.S. Department of Homeland Security.
In a plea agreement filed in United States District Court, Bell admitted that he was not employed by the U.S. Department of Homeland Security, and that the badge and identification card he showed to the boy and to Ventura Police Officers were fraudulent. He also admitted that he had never been employed by the DEA.
As a result of today’s guilty plea, Bell faces a statutory maximum sentence of three years in federal prison when he is sentenced by Judge Otero on October 1. As part of the plea agreement, prosecutors have agreed to recommend a sentence of home detention and community service.
This case was investigated by Homeland Security Investigations.
This matter is being prosecuted by Assistant United States Attorney Ranee A. Katzenstein, Chief of the Major Frauds Section
Sex Trafficker Sentenced to Federal Prison TimeRead the Press Release
Charleston, South Carolina---- United States Attorney Sherri A. Lydon stated today that defendant Damon Jackson (aka “D”, aka “Daddy Frost”) was sentenced to 40 years imprisonment in United States District Court in Charleston for his role in a conspiracy to force underage girls and young women into sex trafficking by means of force and threats of force throughout the southeast.
Defendant Jackson was previously convicted at trial in March 2017 along with two co-defendants Bakari McMillan, a/k/a “Bizzle”, age 25, of Columbia, and Corey Miller, a/k/a “Clow”, a/k/a “C”, a/k/a “OG P”, age 44, of Orangeburg. McMillan was sentenced to 40 years imprisonment for his conviction on one count charging Conspiracy to Commit Sex Trafficking, in violation of 18 U.S.C. §§ 1591(a)(1), (a)(2), and 1594(c) along with one count of Trafficking of a Minor for Sex Involving Force, Fraud, and Coercion, in violation of 18 U.S.C. §§ 1591(a)(1) and (b)(1). Mr. Miller, also convicted of the Conspiracy Count, was sentenced to 20 years imprisonment for Sex Trafficking by Force, Fraud, or Coercion, in violation of 18 U.S.C. §§ 1591(a)(1), (b)(1), and 2.
The remaining defendants previously pled guilty to one count of Conspiracy to Commit Sex Trafficking.
Defendant Tremel Black, a/k/a “Sincere”, a/k/a “New York”, age 33, of New York, was sentenced to 25 years imprisonment.
Defendant Robert Black, a/k/a “Kareem Banks”, a/k/a “Nino Black”, a/k/a “Black”, age 47, of New York, received a sentence of 20 years imprisonment.
Defendant Desmond Singletary, a/k/a “Six”, age 32, of Florence, was sentenced to 15 years imprisonment.
Defendant Kerry Taylor, a/k/a “KJ”, age 23, of Columbia, was sentenced to 11 years imprisonment.
Defendant Ryan Turner, a/k/a “Gotti” , a/k/a “Qweezy”, age 25, of Columbia, was sentenced to 10 years imprisonment.
Defendant Da’Shun Curry, a/k/a “Dae Dae”, age 25, of Columbia, was sentenced to 9 years imprisonment.
Defendant Howard Parker, a/k/a “Poppa”, age 25, of Columbia was sentenced to 6 years imprisonment.
Evidence presented at the trial and sentencing hearings established that the defendants preyed on over 100 vulnerable female victims, many minors, forcing them on an almost a daily basis to have sex with numerous “Johns” a night from 2014 through the summer of 2016. The defendants used brutal tactics, including physical beatings, brandings, supplying and withholding of drugs, threats, and various other forms of psychological manipulation in order to ensure their victims complied with a series of rules that were imposed upon them.
As part of their sentences, all of the defendants were given lifetime supervision, mandatory registration as a sex offender, and participation in a computer/internet monitoring program, amongst other conditions imposed on convicted sex offenders.
“These sentences send the clear message that human trafficking will not be tolerated in South Carolina,” said United States Attorney Sherri A. Lydon. “The defendants in this case preyed on some of the most vulnerable among us. Without the coordinated effort of the investigative team, these atrocities may never have come to light.”
“Human trafficking is a form of modern-day slavery, and the threats and abuse inflicted on these particular victims only adds to the heinous nature of the crime,” said Special Agent in Charge of Homeland Security Investigations Atlanta Nick S. Annan. “HSI is committed to working with our federal, state and local partners to find and prosecute criminal traffickers while ensuring the victims of this terrible crime are rescued and get the care they need.”
The case was investigated by Special Agent Shawn Caines with Homeland Security Investigations and Detective Charlie Benton with the City of North Charleston Police Department’s Human Trafficking Unit. Assistant United States Attorneys Matt Austin and Rhett Dehart of the Charleston office prosecuted the case.
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Salvadoran National Indicted on Immigration and Voter Fraud Violations in East TexasRead the Press Release
BEAUMONT, Texas –A 57-year-old Salvadoran national has been indicted on federal immigration violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Mario Obdulio Orellana was named in a five-count indictment returned by a federal grand jury on June 6, 2018 charging him with two counts of false representation of U.S. citizenship, false statement in application for a passport, unauthorized use of a Social Security number, and voter fraud. Orellana made an initial appearance before U.S. Magistrate Judge Keith Giblin on June 21, 2018.
According to the information presented in court, Orellana is alleged to have illegally entered the United States from El Salvador in the early 1980s. In 1987, while illegally residing in Shelby County, Texas, Orellana is alleged to have used falsified documents to obtain a birth certificate showing he was born in the United States; a passport as a U.S. citizen; and a social security number and register to vote as a U.S. citizen. Furthermore, Orellana is alleged to have fraudulently voted in the November 2016 election.
Under federal statutes, Orellana faces up to 10 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the U.S. Department of State, Bureau of Diplomatic Security and prosecuted by Assistant U.S. Attorney Lauren Gaston.
A grand jury indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Sacramento Area Woman Charged with Forcing Victims to Provide Labor and Related OffensesRead the Press Release
The Justice Department today announced that Firdos Sheikh, 58, of Elk Grove, California, was indicted by a federal grand jury in the U.S. District Court for the Eastern District of California on two counts of forced labor, two counts of alien harboring for financial gain, one count of obstructing a forced labor investigation, and one count of making false statements to federal agents. The announcement was made by Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division.
According to the indictment, between October 2008 and June 2013, the defendant harbored and concealed two victims on her property and other locations and forced them to provide labor and services for her financial benefit. In July 2013, the defendant lied to federal agents and attempted to hide one of the victims from the agents in order to obstruct their investigation.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty. If convicted, the defendant faces a maximum sentence of 20 years in prison, a $250,000 fine, and mandatory restitution to the victims.
The case is being investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Trial Attorneys William E. Nolan and David Reese of the Civil Rights Division’s Criminal Section and Human Trafficking Prosecution Unit, with assistance from Trial Attorney Amanda Wick of the Criminal Division’s Money Laundering and Asset Recovery Section.
Rochester Felon Charged with Drug Distribution, Illegal Possession of FirearmsRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging RASHAD DARNELL NORWOOD, 38, with illegal possession of firearms and distribution of methamphetamine and cocaine. NORWOOD, who is currently in custody in Olmstead County on state charges, made his initial appearance earlier today before Magistrate Judge Jon T. Huseby in U.S. District Court in Saint Paul, Minnesota.
As alleged in the indictment, NORWOOD has three prior felony convictions, including drug possession in Dodge County and Ramsey County, and second-degree murder in Blue Earth County, which prohibit him from owning or possessing a firearm. NORWOOD was also charged with one count each of methamphetamine and cocaine distribution.
This case is the result of an investigation conducted by the FBI and the Rochester Police Department.
This case is being by Assistant U.S. Attorney Bradley M. Endicott.
Defendant Information:
RASHAD DARNELL NORWOOD, 38
Rochester, Minn.
Charges:
- Felon in possession of firearms, 1 count
- Possessing firearms in furtherance of drug-trafficking crime, 1 count
- Possession with intent to distribute methamphetamine, 1 count
- Possession with intent to distribute cocaine, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
Remarks by U.S. Attorney William M. McSwain at the Delaware Valley Intelligence Center Regional RoundtableRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain was honored to speak today at the Delaware Valley Intelligence Center Regional Roundtable in Philadelphia, PA. The Delaware Valley Intelligence Center (DVIC) was established to create cross-jurisdictional partnerships between agencies and serves as the informational fusion center for the Delaware Valley region. U.S. Attorney McSwain’s remarks are below.
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Thank you all for gathering here today. I would especially like to thank Inspector Walter Smith, Executive Director of the Delaware Valley Intelligence Center, Philadelphia Police Department, and Stacy Irving, Senior Advisor, Homeland Security Planning & Strategic Partnerships, Delaware Valley Intelligence Center, Philadelphia Police Department, for inviting me to speak. It was not too long ago that many of us were gathered in this same place for the 2018 Anti-Terrorism Advisory Council Conference, which was an in-depth and highly educational program that helped all of us to further our collective mission of keeping our country safe.
Safeguarding our national security is critically important to the U.S. Attorney’s Office, just as it is for everyone here today. It is also, without question, the number one priority of the U.S. Department of Justice. The Department of Homeland Security has prioritized state and major urban area fusion centers such as this one, because they know that intelligence collection and information sharing are critical in this fight. That is why the Delaware Valley Intelligence Center is so important. This cross-jurisdictional partnership between local, state, and federal agencies, as well as private sector participants, ensures that the Delaware Valley region has a community-focused public safety strategy. Everyone benefits from a continuous flow of intelligence and information to assist public safety field operations.
Our region has already seen firsthand how these relationships can help. For example, on May 12, 2015, an Amtrak Northeast Regional Train derailed after departing Philadelphia on its way to New York, which was the worst train disaster that our area has experienced in decades. Moments after the crash, emergency calls went out across the area, and scores of first responders from federal, state, and local law enforcement authorities responded. There is no doubt that authorities knew who to call that day because of relationships built through groups like this one.
We can only succeed with the collaboration and partnership of each of you. And those partnerships cannot be built in a day. We all need to work together when times are good so that we know what to do and who to call when they are not. To this end, one of my first initiatives after I became U.S. Attorney in April was to visit the nine counties that make up the Eastern District of Pennsylvania and meet with their district attorneys and local law enforcement leaders. It is a priority of my Office to continue to foster these relationships and always keep our lines of communication open. These personal connections are crucial to successful prosecutions everywhere across this region.
Additionally, I want law enforcement to know how much my Office appreciates them. The first public speech that I gave after becoming U.S. Attorney was to the Philadelphia Police Department leadership and to recruits at the Police Academy. As I said to them, no prosecutor has ever prosecuted any case without the help of an outstanding law enforcement partner, whether that is at the federal, state, or local level. There are no greater heroes than those in law enforcement who have dedicated their lives to keeping our communities safe – to the point that they’re willing to risk their own lives to do it. And there is no better way to support law enforcement than to make sure that they have the assistance needed to protect our community from terrorism.
I am aware of some of the difficulties in prosecuting national security cases. There are many law enforcement partners to consult and so many levels of review in the Department of Justice that it often may feel difficult to see a prosecution through to its natural conclusion. I want to share with you that the Department of Justice is working to eliminate some of those hurdles. DOJ has put new procedures in place to streamline the review process to make sure that if a national security prosecution is the correct approach, DOJ will have the most efficient process in place to pursue these significant cases.
My Office has had great success in the past few years in our efforts to prosecute national security cases and hold people accountable for terrorism, violations of the Armed Export Control Act, and cybercrime. For example, Keonna Thomas, a Philadelphia woman who was charged and pled guilty to one count of attempting to provide material support to a terrorist organization, was sentenced to eight years in federal prison. Thomas plotted to travel to Syria to join the Islamic State and told another individual that taking part in a martyrdom operation “would be amazing.” This case, prosecuted by First Assistant U.S. Attorney Jennifer Williams and a colleague from the Counterterrorism Section in the Justice Department’s National Security Division, was investigated by the FBI’s Joint Terrorism Task Force and the Philadelphia Police Department.
And many terrorism cases involve agency partnerships not only at home, but also abroad. Ali Charaf Damache, also known as “Theblackflag,” was indicted in the Eastern District of Pennsylvania in 2011 and extradited from Spain last year for his involvement in conspiring to provide material support and resources to terrorists. He is currently awaiting trial. Two of his co-conspirators, Colleen LaRose (also known as “Jihad Jane”) and Jamie Paulin Ramirez (also known as “Jihad Jamie”), have previously pled guilty and are serving ten years and eight years in prison, respectively. Again, First Assistant U.S. Attorney Williams prosecuted these cases in conjunction with the Counterterrorism Section of the Justice Department’s National Security Division, the Office of International Affairs in the Justice Department’s Criminal Division, the FBI’s Joint Terrorism Task Force in Philadelphia, the FBI Field Divisions in New York, Baltimore, Washington D.C., and authorities in Ireland and Spain. Sometimes it takes many hands and many minds across the globe to get the job done right.
Our National Security section in the U.S. Attorney’s Office does not only focus only on traditional terrorism cases. For example, we uphold the Arms Export Control Act, which prohibits the export of high tech military technology that is critical to the national security and foreign policy interests of the United States. We must keep important technology out of the hands of potential adversaries. In United States v. Baltutski, we charged a group of individuals who conspired to purchase and unlawfully export night vision devices to Belarus. Baltutski arranged for hundreds of thousands of dollars to be secretly wired, via offshore shell companies, to purchase these items, pay for shipping, and pay his network of buyers. For his efforts, Baltutski received a sentence of 15 years’ incarceration, which is one of the longest sentences under the Armed Export Control Act in U.S. history. This case was prosecuted by Assistant U.S. Attorney Robert Livermore and colleagues from DOJ’s Organized Crime and Gang Section, and the National Security Division, and was investigated by the U.S. Immigration and Customs Enforcement, Homeland Security Investigations and the FBI. That case took extensive and dedicated investigative work to result in such a significant sentence.
We also continue to defend ourselves from cybercrime attacks. More and more criminals are exploiting the convenience and anonymity of the Internet to commit crimes and cause serious interruptions and destruction across the United States and around the world. It is my belief that cybercrime will only become more sophisticated, as technology advances and criminals seek to invade and destroy our financial markets, electrical power grids, emergency response systems, and nuclear plants, often from the comfort of their own homes. In the last few years, the U.S. Attorney’s Office has successfully prosecuted numerous cybercrimes, including individuals who hacked into everything from a gas company’s computers, to systems that read utility meters remotely, to Comcast’s server. We are dedicated to continuing our efforts in this field.
And this really just scratches the surface. As you all know, so many of our cases and investigations are not currently public. And many matters do not end in prosecution, but instead produce new investigative leads and sources of information that can be equally (if not more) valuable than a case in the court system.
As we have been sadly reminded by recent events, not all terrorism is international. Far too often in this country, we as a nation have grieved the brutal murders of innocent people as a result of mass shootings and domestic terrorism. Americans should be safe from such terror, no matter who or where they are. Studying in school or going to work, worshiping at church or cheering for friends at a marathon, relaxing at a movie theater or enjoying an evening at a night club – all of these activities should be safe-havens for every American. But as we know, places like these have turned into horrific crime scenes over the past few years where innocent lives have been lost. One more mass shooting is one too many.
The U.S. Attorney’s Office takes seriously every threat of gun violence in our community and will do everything in our power to prevent tragedy from occurring. As but one example, we recently charged An-Tso Sun by federal complaint with possessing ammunition while being in the United States on a nonimmigrant visa, which is a felony under federal law. According to the complaint, on or about March 26, 2018, Sun told a fellow student, “Hey, don’t come to school on May 1st . . . I’m going to come here armed and shoot up the school.” Then he added: “Just kidding.” But this was no laughing matter, as the complaint alleges that multiple items were recovered from Sun’s bedroom, including stockpiles of ammunition, and various firearm accessories and shooting equipment. This case is on-going.
I am proud to say that this was another example of numerous investigative and operational bodies working together. From the student who first reported the alleged threat, to the Upper Darby Police Department and the Delaware County District Attorney’s Office, to the Department of Homeland Security, Homeland Security Investigations and my Office, we worked together to successfully prevent a potential school tragedy.
But we cannot do it alone. I recently addressed the media about the An-Tso Sun case and I urged all parents and citizens to take notice of what is going on around them. We need to remind people that law enforcement is not the first line of defense. That duty belongs to our citizens. They are the ones who will see the first clues that something is amiss in their everyday lives. They are the ones who might get a bad feeling about something at their schools, in their offices, during their social activities, and who will need to pick up the phone. As a group, we need to continue to encourage people to make that call. There are too many stories of parents, of teachers, of neighbors, who belatedly say they “always knew something was wrong” about someone in their lives, but they didn’t sound the alarm and instead chose to stick their heads in the sand. We need them to make the call.
When they do make the call, they will call one of us. And because of the partnerships built through cooperative intelligence centers like DVIC, we will be ready.
Thank you for your partnership with my Office, thank you for all that you do for our community, and God Bless you.
Registered Nurse Formerly Employed by Hospice Care Provider Sentenced to Three Years for Prescription Opioid ConvictionRead the Press Release
ALBUQUERQUE – A registered nurse, formerly employed by an Albuquerque-area hospice care provider, was sentenced yesterday afternoon in federal court in Albuquerque, N.M., for her conviction on a prescription opioid conspiracy charge. Desiree Ulibarri, 32, of Albuquerque, will serve 36 months in federal prison followed by three years of supervised release.
Ulibarri and co-defendant Annabel Debari, 37, also of Albuquerque were charged in August 2016, in a two-count indictment with conspiracy to distribute oxycodone, and conspiracy to acquire and obtain oxycodone by fraud and deceit. According to the indictment, the two women committed the crimes in Bernalillo County, N.M., between April 2016 and July 2016.
The investigation of this case began on July 21, 2016, after Ulibarri’s employer, a hospice care provider, contacted DEA to report suspicions that Ulibarri was engaged in prescription pill diversion. The employer became suspicious because Ulibarri was documenting patients’ prescriptions in a way that made it difficult to reconcile the medications and because Ulibarri was picking up patients’ prescription pills at Federal Express instead of having the medication delivered to the patients.
On July 22, 2016, DEA agents seized 80 10-mg oxycodone pills from Ulibarri, which she obtained from packages she retrieved from Federal Express. When DEA agents conducted a consensual search of Ulibarri’s cellular phone, they allegedly found evidence that Ulibarri had been conspiring with a co-worker, who is also a registered nurse, to illegally distribute prescription pills since April 2016. Additionally, a review of records of missing packages revealed that at least 3,870 pills, an aggregate of 42,150 mgs of oxycodone, had been diverted during the course of the conspiracy.
On June 15, 2017, Ulibarri pled guilty to the indictment. In her plea agreement, Ulibarri admitted that she was a registered nurse in March 2016, when she was hired by a hospice care provider, and in April 2016, she began to abuse her position to divert prescription medications from their intended recipients. She acknowledged that she recommended oxycodone prescriptions for patients who did not need oxycodone with the intention of selling the pills to others. Ulibarri admitted arranging for a courier service to hold packages of oxycodone intended for patients for pickup instead of delivering the medication to the patients, and picking up the medication herself so she could divert the oxycodone for distribution and her own personal use. Ulibarri also admitted recommending that her employer hire Debari, who was also a registered nurse, so that Debari could assist her in diverting and distributing oxycodone pills in New Mexico.
Debari entered a guilty plea to similar charges on Dec. 9, 2016. In entering her guilty plea, Debari admitted that she personally diverted at least 750 10-milligram oxycodone pills in furtherance of Ulibarri’s diversion scheme. As part of that scheme, on June 7, 2016, Ulibarri called the courier service and pretended to be the intended recipient of the oxycodone pills, and requested that the courier service release the medication to Debari. Debari also admitted that on July 18, 2016, she helped Ulibarri conceal their diversion scheme from their employer by arranging for another person to call their employer and falsely claim to be an employee of the courier service who was reporting that the oxycodone pills had gone missing.
Debari’s sentencing hearing has yet to be scheduled.
This case was investigated by the Tactical Diversion Squad of the DEA in Albuquerque. DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
Assistant U.S. Attorneys Alexander M. Uballez and Kristopher N. Houghton are prosecuting the case pursuant to 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.
Rapid City Man Sentenced to Sixty Years in Prison for Attempted Sexual Exploitation of MinorsRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted on two counts of Attempted Sexual Exploitation of a Minor was sentenced on June 18, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Chance Garrett Williams, age 38, was sentenced to 30 years in prison on each count, to run consecutively, for a total sentence of 60 years in prison, followed by lifetime supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
Williams was charged on June 20, 2017. The conviction stems from Williams’ molestation and production of child pornography of multiple children, one starting when she was approximately 4-5 years old.
“This defendant committed unimaginably horrendous crimes against these brave young children,” said U.S. Attorney Parsons. “As they grow up and try to build lives for themselves, they will at least be secure with the knowledge that the person who did this to them is locked up in a federal prison where he surely belongs.”
The case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Quebec Man Pleads Guilty to Oxycodone Conspiracy Following Extradition from CanadaRead the Press Release
ALBANY, NEW YORK – Robert Jon Lazore, age 42, of Snye, Quebec, pled guilty today to conspiracy to distribute oxycodone on the Akwesasne Mohawk Indian Reservation in Franklin County.
The announcement was made by United States Attorney Grant C. Jaquith; Kevin M. Kelly, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office; Matthew Rourke, Saint Regis Mohawk Tribal Police Chief; Rose M. Brophy, Director of Field Operations, Customs and Border Protection (CBP), Buffalo Field Office; and James J. Hunt, Special Agent in Charge of the New York Field Division of the U.S. Drug Enforcement Administration (DEA).
As part of his plea, Lazore admitted that between 2008 and November 2012, he operated a drug trafficking organization that distributed oxycodone on the Akwesasne Mohawk Indian Reservation, which straddles the United States and Canadian border along the Saint Lawrence River. Lazore obtained 5,000 oxycodone tablets at a time from Canadian suppliers for distribution on the reservation. Lazore used at least 8 couriers and runners to coordinate the distribution of oxycodone to his customers. These couriers and runners included Carrie Lazore, Teri Jo Lazore, Travis Adams, Todd Edwards, and James Labarr. Lazore regularly provided each courier with 100 to 200 tablets of oxycodone to sell to customers in both Canada and the United States.
In December 2017, Lazore was extradited from Canada to the United States following a term of imprisonment in Canada.
As part of the same case, the following people have pled guilty to conspiracy to distribute oxycodone, and been sentenced by United States District Judge Mae A. D’Agostino, as follows:
Name
Age
Residence
Sentence
Carrie Lazore
31
Snye, Quebec
33 months
Terri Jo Lazore
25
Akwesasne, Ontario
87 months
Travis Adams
33
Hogansburg, NY
78 months
Todd Edwards
28
Akwesasne, Ontario
46 months
James Labarr
25
Bombay, NY
46 months
Robert Jon Lazore faces up to 20 years in prison, a fine of up to $1 million, and a term of post-imprisonment supervised release of at least 3 years and up to life when Judge D’Agostino sentences him on October 22, 2018. 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 is the result of close cooperative efforts of HSI, led by the Massena Residence Office, in conjunction with CBP, DEA, and the Saint Regis Mohawk Tribal Police. These agencies worked closely with the Royal Canadian Mounted Police, Akwesasne Mohawk Tribal Police, Ontario Provincial Police, Sûreté du Québec, and the Canada Border Services Agency, as well as U.S. Border Patrol, the New York State Police, St. Lawrence County Sheriff’s Office, Canton Police Department, Potsdam Police Department, and Plattsburgh Police Department.
This case is being prosecuted by Assistant U.S. Attorney Elizabeth R. Rabe. Lazore was extradited to face charges in the Northern District of New York with the assistance of the U.S. Department of Justice’s Office of International Affairs.
Providence Man and Dominican National Charged with Fentanyl TraffickingRead the Press Release
BOSTON – A Providence man and a Dominican national were arrested yesterday and charged in federal court in Boston today with fentanyl conspiracy.
Dario Bier Romero, 27, of Providence, R.I., and Luis Cirino, 35, a Dominican national residing in Lawrence, were arrested and charged with conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl.
On June 21, 2018, investigators seized approximately three kilograms of fentanyl from Romero and Cirino during a federal investigation in Woburn. During the execution of a search at Romero’s residence in Providence, investigators seized an additional kilogram of fentanyl and drug packaging paraphernalia.
The charge of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl carries a minimum sentence of 10 years and up to life in prison, at least five years and up to a lifetime of supervised release, and a fine of $10 million. Cirino will be subject to deportation proceedings upon completion of any sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division, made the announcement today. Assistance was provided by the Massachusetts State Police Department, Woburn Police Department, and Providence (R.I.) Police Department. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Pocatello Man Sentenced for Distribution of a Controlled Substance Resulting in DeathRead the Press Release
POCATELLO – Michael Simmons, 33, of Pocatello, Idaho, was sentenced Wednesday to 210 months in federal prison for distribution of a controlled substance analogue resulting in death, U.S. Attorney Bart M. Davis announced. Simmons was indicted by a federal grand jury in Pocatello on September 13, 2017. He plead guilty to the offense on March 20, 2018.
According court records, on June 17, 2016, Simmons distributed a Schedule I synthetic opioid commonly known as U-47700 to the victim, in Pocatello, Idaho. Simmons admitted that he knew U-47700 was a prohibited substance when distributed for human consumption, and that he knew it would have the same effect on the central nervous system as an illegal substance. Simmons distributed the analogue for the victim’s consumption. The victim consumed the analogue, which caused his death.
Chief U.S. District Judge B. Lynn Winmill also ordered Simmons to pay $20,071.52 in restitution, as well as serve five years of federal supervised release. The supervised release will be served after Simmons completes his 210-month sentence.
“Our nation is in the midst of an opioid epidemic and Idaho is not immune,” U.S Attorney Davis said. “Attorney General Sessions and the Department of Justice have rightly made combatting the opioid crisis a priority. This case is an outstanding example of local, state, and federal law enforcement’s efforts to diligently investigate and firmly prosecute those who peddle their poisons in Idaho.”
“Opioids are a leading cause of fatal drug overdoses, and they have had devastating effects on communities across the country,” said Brad Bench, Special Agent in Charge of ICE’s Homeland Security Investigations Seattle, which oversees Idaho. “While our investigative work cannot bring back a lost life, we can ensure that justice is served.”
“We appreciate the hard work the members of the Pocatello Police Department, and the supporting agencies did on this case,” stated Captain Roger Schei of the Pocatello Police Department. “Their efforts assisted in providing answers to local families, and at the same time held Simmons accountable and prevented any further incidents from occurring. The members of the Pocatello Police Department will continue to work in collaboration with the surrounding agencies combating this epidemic.”
This case was investigated through the cooperation of the Pocatello Police Department, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Attorney’s Office for the District of Idaho, the Eastern Idaho SAUSA Partnership, and the Drug Enforcement Administration, with assistance from the Idaho State Police and the Pocatello Fire Department.
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Pittsford Man Pleads Guilty to Unlawful Purchase of Shotgun Used to Kill His FatherRead the Press Release
SYRACUSE, NEW YORK - Charles J. Tan, age 22, of Pittsford, New York, and a citizen of Canada, pled guilty today to crimes related to the unlawful purchase of a firearm that was used to kill his father in 2015, announced United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)-New York Field Division.
As part of his guilty plea to the crime of receiving a firearm in interstate commerce intending to use it in the commission of a felony, Tan admitted that in February 2015 he caused a fellow Cornell University student to make an unlawful “straw purchase” of a 12-gauge shotgun for him. Tan admitted to falsely telling the fellow student that he needed the firearm for hunting, when his actual intent was that it be used to shoot his father.
United States Attorney Grant Jaquith said, “Thanks to the perseverance and collaboration of federal and local law enforcement, Charles Tan is being held accountable for arranging for the unlawful purchase of a shotgun so he could use it to shoot his father. We will continue to work diligently with ATF and other federal, state, and local partners to fulfill our commitment to combat violent crime.”
“Mr. Tan circumvented the law and illegally obtained a firearm. Crimes involving illegal possession of firearms lie at the heart of ATF’s mission to protect the public from violent crime. I would like to thank our law enforcement partners that stand with ATF as one united front to protect our citizens from individuals that choose to disobey laws intended to preserve public safety. I would also like to extend my gratitude to the United States Attorney’s Office for their work in prosecuting the case,” said Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives-New York Field Division
Tan also pled guilty to two offenses related to misrepresentations made to the federally licensed firearms dealer at the time of the “straw purchase” of the shotgun. In entering these guilty pleas, Tan admitted that he knew his fellow Cornell University student would have to lie on a background check form as to the true identity of the actual purchaser (Charles Tan). This form, known as the Department Of Justice – Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473, required that Tan’s fellow Cornell University student falsely sign and certify he was the actual purchaser in order to buy the shotgun. This was false because the purchase was actually and truly being made for Charles Tan, who supplied the money for the sale. In pleading guilty today, Charles Tan admitted to aiding, abetting and causing his fellow Cornell University student to make the false statement on the ATF Form 4473 as to the identity of the actual purchaser, a fact material to the lawful purchase of the firearm.
Sentencing is scheduled for October 18, 2018 in Syracuse. The defendant faces a sentence of up to 25 years in prison. 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 the ATF and the Monroe County (New York) Sheriff’s Office, and is being prosecuted by Assistant United States Attorneys Lisa M. Fletcher and Miroslav Lovric.
Passaic County, New Jersey, Woman Admits Role in Crime Spree that Included Robbing Bergen County BankRead the Press Release
NEWARK, N.J. – A Passaic County, New Jersey woman today admitted her role in a month-long crime spree that included attempting to rob a Citizens Bank, in Tannersville, Pennsylvania, at gunpoint, conspiring to rob a Keystone Bank in Scotrun, Pennsylvania, and robbing a Spencer Savings Bank in Garfield, New Jersey, at gunpoint, U.S. Attorney Craig Carpenito announced.
Melisa Aquino Arias, 23, of Passaic, New Jersey, pleaded guilty today before U.S. District Judge Stanley R. Chesler in Newark federal court to an information charging her with one count of attempted bank robbery, one count of attempted conspiracy to steal from a bank, and one count of bank robbery. On April 5, 2018, her co-defendant, Swahilys Pedraza-Rodriguez, 19, of New Haven, Connecticut, pleaded guilty before Judge Chesler in Newark to an information charging her with the same offenses.
According to documents filed in this case and statements made in court:
On Aug. 28, 2017, Arias and Pedraza-Rodriguez, both disguised in nuns’ habits, entered a Citizens Bank in Tannersville, Pennsylvania. While inside, Arias acted as a lookout as Pedraza-Rodriguez took out what appeared to be gun and demanded money from a bank teller. Arias signaled to Pedraza-Rodriguez that they should leave the bank and the women fled empty-handed.
On Sept. 20, 2017, Arias and Pedraza-Rodriguez agreed to steal money from the drive-through ATM machine at a Keystone Bank in Scotrun, Pennsylvania. Arias drove them, both wearing hijabs, to the ATM machine and again acted as a lookout while Pedraza-Rodriguez attempted to pry open the ATM machine with a screwdriver. Those attempts were unsuccessful, and the women again fled the scene.
On Sept. 27, 2017, Pedraza-Rodriguez and Arias entered a Spencer Savings Bank in Garfield, New Jersey, and asked a bank teller for information about opening a bank account. Arias, who was wearing a blue hijab, took out what appeared to be a black handgun and demanded money, while Pedraza-Rodriguez stood guard by the bank manager. After a bank teller handed them some cash, the defendants left the bank and employees immediately alerted the police. Law enforcement officers responded to the scene, but did not immediately locate the robbers.
On Oct. 15, 2017, Pedraza-Rodriguez and Arias entered an NVE Bank in Teaneck, New Jersey. Arias wore an orange hijab and Pedraza-Rodriguez wore a black head covering. They approached a bank employee and requested information about opening a bank account. The employee recognized the women as the alleged perpetrators of the Garfield bank robbery. As the employee went to alert the police, the women left the bank. Pedraza-Rodriguez and Arias were apprehended soon after by law enforcement officers.
The bank robbery and attempted bank robbery counts each carry maximum potential penalties of up to 20 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. The conspiracy to commit bank larceny count carries a maximum potential penalty of one year in prison. Sentencing for Arias is scheduled for Sept. 12, 2018. Sentencing for Pedraza-Rodriguez is scheduled for Aug. 15, 2018.
U.S. Attorney Carpenito credited special agents with the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; the Garfield Police Department, under the direction of Chief Raymond Kovach; the Teaneck Police Department, under the direction of Chief Glenn M. O'Reilly; the Leonia police department, under the direction of Chief Thomas P. Rowe; and the Pocono Township Police Department, under the direction of Chief Kent Werkheiser with the investigation leading to the guilty pleas.
The government is represented by Assistant U.S. Attorney Joshua L. Haber of the U.S. Attorney’s Office Criminal Division in Newark.
Operator of Loxahatchee Facility Pleads Guilty to Inhumane Slaughter PracticesRead the Press Release
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, and Larry S. Hortert, Regional Director, United States Department of Agriculture (USDA), Food Safety & Inspection Service (FSIS), announced that Victor H. Gonzalez, 53, of Loxahatchee, Florida, pled guilty yesterday for his involvement in the inhumane slaughter of swine and the sale of swine meat for human consumption, in violation of the Humane Methods of Slaughter Act (HMSA), Title 71, United States Code, Section 1902(a) and the Federal Meat Inspection Act (FMIA), as amended, Title 21, United States Code, Section 610(b).
Gonzalez pled guilty before United States District Judge Donald M. Middlebrooks. Sentencing is scheduled for August 27, 2018, at 10:30 a.m., in West Palm Beach. Gonzalez faces a maximum possible sentence of 3 years in prison, a $250,000 fine, and a year of supervised release.
According to the court record, including a Joint Factual Statement, Gonzalez was the president of El Milagro Nursery, Inc. (“Milagro”), a company with its principal place of business in Loxahatchee, Florida. Gonzalez was responsible for the day-to-day management and oversight of its activities, and engaged in the slaughtering, processing, handling, storing, and selling of meat and meat food products in commerce, for human consumption, including swine.
On December 17, 2016, federal officers conducted a surveillance and inspection visit at the Milagro facility. Employees were observed engaged in the slaughter and processing of swine for customers. The premises lacked proper, operable equipment to stun or otherwise render the animals insensible to pain, as required by law. The business practices at Milagro, as directed by Gonzalez, were not humane.
The HMSA established as the public policy of the United States, that the slaughtering or handling for slaughter of livestock, including swine, may only be carried out by humane methods. The law requires that such animals be rendered insensible to pain by one of the methods described in the law, prior to the animal being shackled, hoisted, thrown, cast, or cut. Title 7, United States Code, Sections 1901-1902(a).
Mr. Greenberg commended the investigative efforts of the USDA FSIS, Office of Program Evaluation, Enforcement and Review, Compliance & Investigations Division and thanked the Palm Beach County Agricultural Unit for their assistance. The matter is being prosecuted by Assistant U.S. Attorney Thomas Watts-FitzGerald.
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.
Nigerian National Admits Role in Phishing Scheme that Victimized Glastonbury School EmployeesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that DANIEL ADEKUNLE OJO, 34, a citizen of Nigeria residing in Durham, N.C., pleaded guilty yesterday in New Haven federal court to fraud and identity theft offenses stemming from a scheme to obtain the personal identifying information of school employees in Connecticut and elsewhere, and to file false tax returns in the names of those identity theft victims.
According to court documents and statements made in court, in February 2017, an employee of the Glastonbury Public Schools received an email that appeared to be sent by another Glastonbury school system employee. The email contained a request to send W-2 tax information for all employees of the school system. The recipient of the email responded by sending copies of the W-2 information for approximately 1,600 Glastonbury Public Schools employees. After the W-2 information was emailed, approximately 122 suspicious Forms 1040 were filed electronically with the IRS in the names of victims of the Glastonbury phishing scheme. The 122 tax returns claimed tax refunds totaling $596,897. Approximately six of the returns were processed, and $36,926 in fraudulently-obtained funds were electronically deposited into various bank accounts.
OJO controlled or used an aol.com email account and a gmail.com email account involved in this phishing scheme. A search of OJO’s gmail account revealed emails implicating him in the scheme. One email contained six W-2 forms of employees of Glastonbury Public Schools, and the employees’ personal identifying information.
This ongoing investigation by special agents from the FBI’s cybercrime squad in New Haven and the IRS includes phishing incidents that victimized the Groton Public Schools, and the Bloomington Independent School District in Bloomington, Minnesota.
OJO pleaded guilty to one count of conspiracy to commit wire fraud, an offense that carries a maximum term of imprisonment of 20 years, and one count of aggravated identity theft, an offense that carries a mandatory consecutive term of imprisonment of at least two years. Judge Meyer scheduled sentencing for September 13, 2018.
OJO has been detained since his arrest on August 3, 2017. The investigation revealed that OJO entered the U.S. on a visitor’s visa in May 23, 2016, and failed to depart on his scheduled departure date of June 8, 2016.
This matter is being investigated by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division, with the assistance of the Durham (N.C.) Police Department. The case is being prosecuted by Assistant U.S. Attorney Sarala V. Nagala.
Midland Woman Charged with Conspiracy and Possession of AmmunitionRead the Press Release
United States Attorney Ron Parsons announced that a Midland, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession of Ammunition by a Prohibited Person.
Angelica Dolloff, age 30, was indicted on June 12, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on June 19, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $10,250,000 fine, up to life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about June 1, 2013, and continuing through June 12, 2018, Dolloff knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute 500 grams or more of methamphetamine. The Indictment also alleges that Dolloff, who is an unlawful user of, and addicted to a controlled substance, knowingly received and possessed ammunition, which had been shipped and transported in interstate commerce and foreign commerce.
The charges are merely accusations and Dolloff is presumed innocent until and unless proven guilty.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Dolloff was released on bond pending trial. A trial date has not been set.
Merrimack Man Pleads Guilty to Theft of Public MoneyRead the Press Release
CONCORD - David Laughton, 52, of Merrimack, pleaded guilty in federal court to two counts of theft of public money, announced United States Attorney Scott W. Murray.
According to court documents and statements made in court, at the time of her death in June 2005, Laughton's mother was receiving widow’s benefits from the Social Security Administration ("SSA") and federal pension benefits from the Pension Benefit Guaranty Corporation (PBGC"), a wholly-owned United States government corporation. After her death, SSA and PBGC continued to deposit these monthly benefits into her bank account. Though he was not an account holder, Laughton gained access to his mother's bank account and knew that SSA and PBGC made regular deposits to the account. However, Laughton did not advise SSA or PBGC that they were making erroneous payments to his deceased mother and instead, for over a decade, he withdrew the money from the account to pay for his own personal expenses. As a result, Laughton converted approximately $118,031 in Social Security benefits and $54,376 in federal pension benefits to his own use.
Laughton is scheduled to be sentenced on September 28, 2018.
“Federal benefit programs serve an important purpose,” said U.S. Attorney Murray. “We work closely with our law enforcement partners to identify instances of fraud and abuse in these programs to ensure that these benefits only go to those who are entitled to receive them.”
Special Agent in Charge Scott Antolik said: Protecting the Social Security Trust Fund is one of my office’s highest priorities. I thank the U.S. Attorney’s Office for their partnership in prosecuting those who seek to defraud the government”. I strongly encourage the public to report suspected instances of Social Security fraud to the OIG's Fraud Hotline at 1-800-269-0271 or https://oig.ssa.gov/report."
This matter was investigated by the Social Security Administration’s Office of the Inspector General. The case is being prosecuted by Special Assistant U.S. Attorneys Matthew T. Hunter and Karen B. Burzycki.
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Memphis man sentenced to 10 years in federal prison for conspiracy to distribute cocaine and heroinRead the Press Release
Memphis, TN – A Memphis man has been sentenced to 120 months imprisonment for conspiracy to possess with intent to distribute cocaine and heroin. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, in November 2017, Savino Juarez-Cabrales, 45, coordinated a shipment of heroin via the United States Postal Service to Memphis, TN. He also arranged to have 15 kilograms of cocaine transported to Cordova in a multi-vehicle carrier. On December 4, 2017, an inspector with the United States Postal Inspection Service seized the suspected package that contained 1 kilogram of heroin. On December 8, 2017, the multi-vehicle carrier was stopped in Oklahoma en route to Cordova containing approximately 15 kilograms of cocaine.
U.S. Attorney D. Michael Dunavant said: "Drug distribution conspiracies are not victimless crimes. Heroin and cocaine cause significant human pain, loss, and destruction in countless ways, including addiction, injuries, and deaths. Those who exploit the sanctity of the U.S. Mail system and use other transportation logistics to victimize citizens of the Western District of Tennessee will pay the price for such lawlessness."
On December 19, 2017, a federal grand jury returned an indictment alleging conspiracy to possess with intent to distribute cocaine and conspiracy to possess with intent to distribute heroin both in violation of Title 21 United States Code Section 846.
On June 21, 2018, United States District Judge Thomas L. Parker sentenced Cabrales to the mandatory minimum sentence of 120 months imprisonment.
The defendant is an illegal alien and is subject to deportation after completion of his sentence in the Federal Bureau of Prisons.
This case was investigated by the United States Postal Inspection Service and the Drug Enforcement Administration.
Assistant U.S. Attorney Michelle Kimbril-Parks prosecuted this case on the government’s behalf.
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Massachusetts Man Sentenced to 80 Months for Fentanyl TraffickingRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Rafael Buli, 24, of Lawrence, Massachusetts, was sentenced today in U.S. District Court by Judge Jon D. Levy to 80 months in prison and three years of supervised release for conspiracy to distribute, and possess with intent to distribute, fentanyl, and aiding and abetting the possession with intent to distribute fentanyl. The sentence is to be run consecutively to a three year sentence that Buli is currently serving in Massachusetts for assault and battery with a dangerous weapon. Buli pled guilty on February 2, 2018.
Court records reveal that in 2016, Buli conspired with Wender Santos, a/k/a “Carlos,” and others to distribute fentanyl in the Lawrence area. Maine drug customers contacted Santos who directed Buli to meet with them to consummate the drug transactions. On September 1, 2016, federal and state agents stopped a Maine customer after Buli sold about 400 grams of fentanyl to the customer. During the conspiracy, Buli was being electronically monitored (“EM”) by the Massachusetts Department of Probation, and the EM bracelet placed him at several controlled transactions conducted by federal agents. Santos pled guilty on April 3, 2018 to the same charges and awaits sentencing.
The investigation was conducted by the U.S. Drug Enforcement Administration and the Maine State Police and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Massachusetts Man Pleads Guilty to Credit Card Fraud ChargesRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Sean Trim, 33, of Stoughton, Massachusetts, pleaded guilty yesterday in U.S. District Court to conspiracy to commit credit card fraud, use of a counterfeit credit card, and possession of fifteen or more counterfeit credit cards.
Court records reveal that between November 2016 and February 2017, Trim conspired with Tishon Singh to commit credit card fraud. On January 6, 2017, officers from the Windham Police Department conducted a traffic stop of a car occupied by Trim and Singh. Inside the car, the officers found a black toiletry bag containing over 160 credit cards, many of which were counterfeit. Subsequent investigation revealed that both men had used counterfeit credit cards to make purchases at a Hannaford Store in North Windham, Maine. On February 16, 2017, law enforcement executed a search warrant at a residence in Stoughton, Massachusetts, that was occupied by Trim and Singh. The police ultimately seized from the residence over 500 counterfeit credit cards, materials used for manufacturing counterfeit credit cards, nearly $7,000 in cash, and laptop computers and a thumb drive that contained credit card data.
Trim faces up to five years on the conspiracy count, and up to 10 years on each of the remaining counts. He also faces a fine of up to $250,000 on each count. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. Singh pleaded guilty on May 11, 2018 to using of a counterfeit credit card and possession of fifteen or more counterfeit credit cards and awaits sentencing.
This case was investigated by the U.S. Secret Service, the Windham and Biddeford Police Departments, and the Stoughton, Massachusetts Police Department.
Maryville Resident Arrested for Child Pornography OffensesRead the Press Release
KNOXVILLE, Tenn..- On June 21, 2018, George Robert Everhart, 29, of Maryville, Tennessee, was arrested following the return of a four-count indictment by a federal grand jury on June 19, 2018, alleging that Everhart committed child pornography offenses. Counts One and Two of the indictment, on file with the U.S. District Court, allege that Everhart used two minors, ages seven- and 10-years-old, to produce and attempt to produce child pornography in the Eastern District of Tennessee. The indictment also alleges that Everhart distributed child pornography in interstate commerce and that he possessed child pornography depicting prepubescent minors or minors who had not attained 12 years of age.
A trial date of August 28, 2018, before the Honorable Chief District Judge Thomas A. Varlan was set. Everhart was detained in U.S. Marshal’s Service custody pending trial.
If convicted of the use of a minor to produce or attempt to produce child pornography, Everhart faces a minimum mandatory 15 years and up to 30 years in prison, at least five years up to life of supervised release, a fine of $250,000, and forfeiture and a $5,100 special assessment per count. The punishment for distributing child pornography in interstate commerce is a minimum mandatory five years and up to 20 years in prison, at least five years up to life of supervised release, a fine of $250,000, and forfeiture and a $5,100 special assessment. The punishment for possessing child pornography is up to 20 years in prison, at least five years up to life of supervised release, a fine of $250,000, and forfeiture and a $5,100 special assessment.
Members of the public are reminded that an indictment constitutes only charges and that every person is presumed innocent until his or her guilt has been proven beyond a reasonable doubt.
The investigation leading to the indictment was conducted by the Knoxville Police Department’s Internet Crimes Against Children Task Force, with assistance from the U.S. Department of Homeland Security. Assistant U.S. Attorney Matthew Morris will represent the United States in court proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Maryland Drug Dealer Sentenced to More Than 15 Years for Heroin Distribution ConspiracyRead the Press Release
PLATTSBURGH, NEW YORK – Jimolo Coates, a.k.a. “Lo,” Marlo,” “Brodie,” age 25, of Annapolis, Maryland, was sentenced today to 188 months in prison, to be followed by 8 years of supervised release, for conspiring to possess with intent to distribute and to distribute heroin.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA); and Clinton County Sheriff David Favro.
In pleading guilty, Coates admitted to regularly selling 40 grams of heroin to Melissa Kusalonis in Annapolis for $4,000. Kusalonis then transported the heroin to Plattsburgh, New York, and sold it in personal-use quantities. Initially, and beginning in June 2016, Coates sold the heroin directly to Kusalonis. Following his arrest and detention on Maryland state charges in early September 2016, Coates directed two couriers, Tynaejah Thompson and Kiara Scott, to provide the heroin to and collect payment from Kusalonis. Coates also admitted to selling distribution-quantities of heroin to Charles Adams, who frequently transported heroin from Annapolis to Plattsburgh with Kusalonis, following Coates’s release from pretrial detention in Maryland in early March 2017.
Coates was charged along with nine other people in two related indictments relating to a heroin distribution ring that transported heroin from Annapolis and Schenectady, New York, and sold it in the Plattsburgh area. In addition to Coates, the following eight defendants have pled guilty to conspiracy to possess with intent to distribute and to distribute heroin:
- Kyle Touchstone, age 30, of Plattsburgh;
- Melissa Kusalonis, a.k.a. “Mel,” “Liss,” age 36, of Plattsburgh;
- Tynaejah Thompson, a.k.a. “Naee,” age 20, of Annapolis, Maryland;
- Kiara Scott, age 29, of Annapolis, Maryland;
- Anthony DeFilippo, a.k.a “Flip,” age 36, of Schenectady;
- Charles Adams, a.k.a. “Chuck,” age 32, of Peru, New York;
- Travynn Ippolito, a.k.a “Trav,” age 30, of Plattsburgh; and
- Luke Kiroy, age 33, of Saranac, New York.
The tenth defendant, Danielle Conners, age 32, of Plattsburgh, is scheduled for trial on August 27, 2018. The charge against Conners is merely an accusation, and she is presumed innocent unless and until proven guilty.
The charges are the result of a nearly yearlong investigation led by the DEA Task Force in Plattsburgh, which consists of law enforcement officers from the DEA, Homeland Security Investigations, United States Border Patrol, New York State Police, Clinton County Sheriff’s Office, Essex County Sheriff’s Office, and the Plattsburgh Police Department. The New York State Department of Corrections and Community Supervision also assisted in the investigation.
The case is being prosecuted by Assistant U.S. Attorneys Cyrus P.W. Rieck and Katherine Kopita.
Martin Man Sentenced for Assault by Striking, Beating, and WoundingRead the Press Release
United States Attorney Ron Parsons announced that a Martin, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced by Daneta Wollmann, U.S. Magistrate Judge.
Jeremy Takes War Bonnett, age 31, was sentenced on June 18, 2018, to 12 months in federal prison, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
Takes War Bonnett was indicted for the charge by a federal grand jury in November 2015. The conviction stems from Takes War Bonnett stabbing another individual.
This case was investigated by the Martin Police Department, the Bureau of Indian Affairs, Office of Justice Services, and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Takes War Bonnett was immediately turned over to the custody of the U.S. Marshals Service.
Man Sentenced to Prison for $1.1 Million Email Phishing ScamRead the Press Release
ALEXANDRIA, Va. – A New York man was sentenced today to 32 months in prison for defrauding a Virginia-based trade association out of more than $1.1 million in an email phishing scam.
According to court documents, Olajide Abraham Eyitayo, 46, of Hempstead, opened three banking accounts in January 2016 using a company that he formed in New York. From January through April 2016, the accounts were essentially dormant, and as of April 25, 2016, the combined balances of the three accounts were less than five dollars. On that day, a Virginia-based trade association approved a payment of more than $280,000 intended for a travel vendor, but the payment went to one of Eyitayo’s accounts. The association had changed the payment information for the vendor the month before, when a “spoof” email impersonating that vendor requested the payment information be changed to the account number that belonged to Eyitayo.
Over the next several months, Eyitayo received two more payments into his account that were intended for the association’s travel vendor. In total, Eyitayo received more than $1.1 million in fraudulent proceeds. Eyitayo spent and laundered the money in a variety of ways designed to conceal the scheme and the recipients of the crime’s proceeds. For example, Eyitayo purchased cars that he sent to his brother in Nigeria, wired money to and from various bank accounts and third parties, and spent other proceeds on personal expenses.
After the fraud was discovered, Eyitayo told a variety of false and misleading stories to bank officials and law enforcement, and claimed that he worked in the lingerie business and falsely claimed that the first fraudulent deposit was for that business.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after sentencing by Senior U.S. District Judge T.S. Ellis III. Assistant U.S. Attorneys Jamar K. Walker and Ryan S. Faulconer are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-269.
Man Believed to be “Skinny Bandit” Arrested and ChargedRead the Press Release
Assistant U. S. Attorney Mario Peia (619) 546-9706
NEWS RELEASE SUMMARY – June 22, 2018
SAN DIEGO – Terry Lee Taylor was indicted by a federal grand jury this morning on four counts of bank robbery and attempted bank robbery. His alleged accomplice, Trinity Arvin Keara Jones, was also charged.
According to the indictment, Taylor robbed three area banks and attempted to rob a fourth between June 9, 2018 and June 18, 2018.
On June 9, 2018, Taylor is alleged to have robbed the US Bank located at 9400 Mira Mesa Boulevard in San Diego, California. During that robbery, Taylor passed a note to the teller that demanded $3,000 in $100 denominations. Taylor’s note specified that he had a gun and was willing to shoot everyone in the bank if his demands were not met. Taylor robbed the bank of approximately $1,879.
Three days later, on June 12, 2018, Taylor is alleged to have robbed the Chase Bank located at 1467 Main Street in Ramona, California. He presented a note to the bank teller which informed her that he had a gun and that he wanted all the money in the top drawer. The note again threatened the lives of everyone in the bank if his demands were not met. After receiving $4,696, Taylor fled the bank.
On June 14, 2018, Taylor allegedly attempted to rob the Bank of America located at 1407 Main Street in Ramona, California. Thanks to the diligence of a bank employee, who recognized a security photograph from the Chase Bank robbery, this robbery failed. After recognizing Taylor, a bank employee immediately pressed the alarm and called 911. Taylor, who appeared nervous, fled the bank without money.On June 18, 2018, Taylor allegedly robbed the US Bank located at 12265 Scripps Poway Parkway in Poway with the assistance of Jones. Jones scouted the bank by entering the bank and speaking with a teller. Jones then left the bank, and Taylor entered the bank. Taylor presented a note to the bank teller. The note threatened deadly force and demanded money. Taylor then fled with $2,295. Jones allegedly drove the getaway vehicle with Taylor in the passenger seat.
Subsequent investigation identified Taylor as the robber. He was arrested on June 18 in San Diego and is scheduled to be arraigned on July 3, 2018 at 10 a.m. before U.S. Magistrate Judge Karen S. Crawford. Jones was taken into custody on June 19 in Ramona.
During the investigation, the FBI nicknamed the unidentified robber as the “Skinny Bandit” based on his description.
DEFENDANTS Case Number 18-cr-2991-JM
Terry Lee Taylor Age: 23 San Diego, CA
Trinity Arvin Keara Jones Age: 18 Ramona, CA
SUMMARY OF CHARGES
Bank Robbery – Title 18, U.S.C., Section 2113(a)
Attempted Bank Robbery– Title 18, U.S.C., Section 2113(a)
Maximum penalty: 20 years’ imprisonment and a $250,000 fine
AGENCIES
Federal Bureau of Investigation
San Diego Sheriff’s Department
San Diego Police Department
MS-13 Gang Members Charged in Connection with Murders of JuvenilesRead the Press Release
ALEXANDRIA, Va. – A federal indictment was unsealed today charging 11 members and associates of MS-13 in connection with the 2016 murders of two juveniles in Fairfax County.
According to allegations in the indictment, in August 2016, Elmer Zelaya Martinez, Erick Palacios Ruiz, Ronald Herrera Contreras, and Josue Vigil Mejia conspired together and with others to lure a 17 year-old male, who they suspected was a member of a rival gang, to a park in Fairfax County in order to attack and kill him. After killing him and to conceal evidence linking them to the juvenile’s disappearance and murder, these four defendants and their co-conspirators buried the juvenile’s remains.
The indictment further alleges that in September 2016, Elmer Zelaya Martinez, Erick Palacios Ruiz, Ronald Herrera Contreras, Henry Zelaya Martinez, Oscar Contreras Aguilar, Yonathan Melgar Martinez, Pablo Miguel Barrera Velasco, Anderson Villatoro, Francisco Avila Avalos, and Fredys Baires Abarca conspired together and with others to lure a 14 year-old male to the same park in Fairfax County where he was attacked and killed because he was thought to be cooperating with law enforcement. This juvenile’s remains were also buried.
The below table lists the name of each defendant, at least one alias, age, country of origin, and the charge(s).
Name
Age, Country of Origin
Charges
Elmer Zelaya Martinez, aka “Killer”
27, El Salvador
Conspiracy to Kidnap
Erick Palacios Ruiz, aka “Cara de Malo”
20, El Salvador
Conspiracy to Kidnap
Ronald Herrera Contreras, aka “Speedy”
20, El Salvador
Conspiracy to Kidnap
Josue Vigil Mejia, aka “Horror”
21, El Salvador
Conspiracy to Kidnap
Henry Zelaya Martinez, aka “Certero”
24, El Salvador
Conspiracy to Kidnap
Oscar Contreras Aguilar, aka “Atrevido”
20, El Salvador
Conspiracy to Commit Murder in Aid of Racketeering; Conspiracy to Kidnap
Yonathan Melgar Martinez, aka “Oso”
21, El Salvador
Conspiracy to Kidnap
Pablo Miguel Barrera Velasco, aka “Oscuro”
20, El Salvador
Conspiracy to Kidnap
Anderson Villatoro, aka “Enterrado”
21, El Salvador
Conspiracy to Kidnap
Francisco Avila Avalos, aka “Picador”
20, El Salvador
Conspiracy to Kidnap
Fredys Baires Abarca, aka “Lil Clandestino”
20, El Salvador
Conspiracy to Kidnap
If convicted, each defendant faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was also investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) Operation Devils's Background. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, and Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, made the announcement after the indictment was unsealed. Assistant U.S. Attorneys Rebeca H. Bellows, J. Tyler McGaughey, and Alexander E. Blanchard are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-123.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
MEDIA ADVISORY-- U.S. Department of Justice Opioid Coordinator Mary Daly and U.S. Attorney John C. Anderson to Meet with Tribal Leaders in Northern New Mexico to Discuss Impact of Heroin and Opioid Epidemic on New Mexico’s Tribal CommunitiesRead the Press Release
Media Availability to Follow Consultation
ALBUQUERQUE – U.S. Department of Justice Opioid Coordinator Mary Daly and U.S. Attorney John C. Anderson will consult with Tribal Leaders from Pueblos in northern New Mexico which have been deeply affected by the heroin and opioid epidemic. The consultation, undertaken as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative, a partnership between the UNM Health Sciences Center and the U.S. Attorney’s Office, will take place at 1:00 pm on June 25, 2018, at the offices of the Eight Northern Indian Pueblos Council (ENIPC) in Ohkay Owingeh, N.M.
The consultation will provide tribal leaders and officials an opportunity to discuss the devastating impact heroin and opioids have had on tribal communities in northern New Mexico. Ms. Daly and U.S. Attorney Anderson will discuss the Justice Department’s programs and initiatives for combatting the opioid crisis, particularly in Indian Country.
Tribal Leaders, Ms. Daly and U.S. Attorney Anderson will be available to meet with the media at 2:30 p.m. at the ENIPC offices in Ohkay Owingeh following the consultation.
WHO:
Tribal Leaders, Ms. Daly and U.S. Attorney Anderson will be available to meet with the media at 2:30 pm following the consultation.
Participants in Consultation (in formation)
Mary Daly, U.S. Department of Justice Opioid Coordinator
U.S. Attorney John C. Anderson
Governor J. Michael Chavarria of Santa Clara Pueblo, Chairman of ENIPC
Governor Phillip A. Perez of Nambe Pueblo
Governor Joseph Talachy of Pojoaque Pueblo
Governor Perry Martinez of San Ildefonso Pueblo
WHAT:
Media Availability following DOJ Consultation with Tribal Leaders
WHEN:
Monday, June 25, 2018 at 2:30 p.m.
WHERE:
ENIPC Offices
327 Eagle Drive
Ohkay Owingeh Pueblo, NM
OPEN PRESS
NOTE: Media representatives must present government-issued photo I.D. (i.e., driver’s license) as well as valid media credentials. Media representatives may begin to arrive at 8:00 a.m. RSVPs and inquiries regarding logistics should be directed to USAO Media Coordinator Alyssa Ferda, contractor, at (office) 505-224-1480, (cell) 505-366-1463, or [email protected].
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.
MEDIA ADVISORY- Department of Justice Opioid Coordinator Mary Daly to Join U.S. Attorneys for New Mexico and Montana, Other Federal and Tribal Law Enforcement and Health Officials, for Two-Day Conference on Drug Trafficking in Indian CountryRead the Press Release
ALBUQUERQUE – U.S. Department of Justice Opioid Coordinator Mary Daly will join federal and tribal officials, including U.S. Attorneys John C. Anderson for the District of New Mexico and Kurt G. Alme for the District of Montana, at a two-day training conference aimed at strengthening law enforcement efforts to fight opioids and other dangerous drug trafficking in Indian Country.
The training, entitled “Investigative Techniques Related to the Enforcement of Illicit Drug Trafficking in Indian Country” will take place Tuesday and Wednesday, JUNE 26 and 27, 2018, in Albuquerque, N.M. The U.S. Drug Enforcement Administration (DEA), Bureau of Indian Affairs Office of Justice Services, FBI, and tribal police officials will participate in the two-day event focused on drug identification for dangerous drugs, such as fentanyl, and strengthening law enforcement investigations and responses. Opening remarks on both days are OPEN PRESS.
WHEN:
Tuesday, June 26, 2018, 8:30 a.m. – 9:15 a.m. MST
Opening Remarks
John C. Anderson, United States Attorney, District of New Mexico
Mary Daly, Opioid Coordinator, Office of the Deputy Attorney General, U.S. Department of Justice
Kyle Williamson, Special Agent in Charge, DEA, El Paso Field Division
Charles Addington, Director, BIA Office of Justice Services
Derek Fuller, Assistant Special Agent in Charge, FBI Albuquerque
Robert Kennedy, Staff Coordinator, DEA
Wednesday, June 27, 2018, 8:30 a.m. - 9:00 a.m. MST
Keynote Address
Kurt G. Alme, United States Attorney,
District of Montana and Vice Chair of the Attorney General’s Native American Issues Subcommittee
WHERE:
Bureau of Indian Affairs-Office of Justice Services District IV
1011 Indian School Road NW
Rooms 233-234
Albuquerque, NM 87104
NOTE: Media representatives must present government-issued photo I.D. (i.e., driver’s license) as well as valid media credentials. Media representatives may begin to arrive at 8:00 a.m. RSVPs and inquiries regarding logistics should be directed to USAO Media Coordinator Alyssa Ferda, contractor, at (office) 505-224-1480, (cell) 505-366-1463, or [email protected].
Lower Brule Man Charged with Burglary and AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Second Degree Burglary, and Assaulting, Resisting, and Impeding a Federal Officer.
Jade LaRoche, age 38, was indicted on June 12, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 15, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 35 years in federal prison and/or a $500,000 fine, up to 6 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 24, 2018, LaRoche broke into an occupied residence. The Indictment also alleges that on May 17, 2018, while in tribal custody, LaRoche assaulted, resisted, opposed, impeded, intimidated, and interfered with a correctional officer. The correctional officer was engaged in the performance of his official duties, and said conduct involved bodily injury to the officer.
The charges are merely accusations and LaRoche is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
LaRoche was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Leader of Local Hip-Hop Group Pleads Guilty to Bank and Wire Fraud Conspiracy and Aggravated Identity Theft ChargesRead the Press Release
CHARLOTTE, N.C. – Andrew Murray, U.S. Attorney for the Western District of North Carolina, announced today that Damonte Withers, 29, of Charlotte, pleaded guilty in federal court to bank fraud conspiracy, wire fraud conspiracy, and aggravated identity theft charges in connection to a bank and identity theft scheme.
Withers’ co-defendants, James Willingham, Jr., 24; Deandre Howze, 23; Jeffrey Monteith, 22; and Laerek Williams, 26; as well as co-conspirators Alexsandera Mobley, 28; Lakesiah Norman, 37; and Sharrieff Pope, 25, all of Charlotte, previously entered guilty pleas for their involvement in the conspiracy.
U.S. Attorney Murray is joined in making today’s announcement by David M. McGinnis, Inspector in Charge of the Charlotte Division of the U.S. Postal Inspection Service; Reginald DeMatteis, Special Agent in Charge of the U.S. Secret Service, Charlotte Field Office; and Chief Kerr Putney of the Charlotte Mecklenburg Police Department.
According to filed plea documents and today’s plea hearing, Withers, also known as “Tony da Boss” on social media, and his co-conspirators, were members of a local hip-hop group known as the “FreeBandz Gang” or “FBG.”
According to court documents, from February 2014 through January 2016, Withers conspired with others to commit bank fraud by engaging in what is commonly known as a “card-cracking” scheme. As part of the scheme, Withers and his co-conspirators recruited individuals to hand over their bank account ATM/debit cards and PINs in exchange for the promise of an easy pay-day. Withers and other members of FBG would then deposit fraudulent or stolen checks into the bank accounts using the corresponding ATMs or mobile banking applications, triggering a credit to the account. Court records show that Withers and his co-conspirators would then quickly withdraw cash from the accounts, before the banks could determine the deposited checks were worthless.
Filed documents also show that from October 2016 to December 2017, Withers and members of FBG conspired to commit wire fraud using victims’ stolen identities to fraudulently acquire cellular phones, tablets and other goods so they could resell them for profit. Court records show that Withers and other members of the conspiracy obtained victims’ names, Social Security Numbers, dates of birth, and other personal identifying information, and used that information to manufacture fake IDs, which they then used to complete fraudulent credit applications in the identity theft victims’ names. Over the course of the investigation, law enforcement found Withers to be in possession of several items used to manufacture the fictitious identification cards, and of the personal identifying information of at least 18 individuals.
According to plea documents and today’s proceedings, Withers admitted to causing between $550,000 and $1.5 million in losses as a result of his fraud.
U.S. Magistrate Judge David S. Cayer presided over Withers’ guilty plea. Withers was released on bond following today’s hearing. A sentencing date has not been set.
In making today’s announcement, U.S. Attorney Murray commended the work of the United States Secret Service, the United States Postal Inspection Service, and the Charlotte Mecklenburg Police Department for their investigation of this case.
Assistant United States Attorney Dallas J. Kaplan of the U.S. Attorney’s Office in Charlotte is in charge of the prosecution.
Kalamazoo Father and Son Indicted for Identity Theft and Harboring and Concealing Illegal AkiensRead the Press Release
Eddie and Michael Balderramas Assisted Illegal Aliens in Obtaining Michigan Driver’s Licenses in the Identities of Other Individuals
GRAND RAPIDS, MICHIGAN — Eddie Michael Balderramas, 51, and his son, Michael James Balderramas, 28, of Kalamazoo, Michigan, made their initial appearances today in U.S. District Court in Grand Rapids, Michigan, on an indictment recently returned by a federal grand jury.
According to the indictment, between at least April 4, 2016, and July 20, 2017, defendants conspired with a third individual, Michelle Martinez-Marte, to commit identity theft, social security account number fraud, and harboring and concealing of illegal aliens. Martinez-Marte acquired Puerto Rican birth certificates, driver’s licenses, and social security account number cards in the names of actual individuals. Martinez-Marte would then refer the illegal aliens to Eddie Balderramas. Either Eddie Balderramas or his son Michael Balderramas, would travel to New York City and transport the illegal aliens to Michigan, where they would be harbored at a home in Kalamazoo. Eddie and Michael Balderramas produced false leases, paystubs, and other documents to make it appear as if the illegal aliens were truly Michigan residents. Eddie and Michael Balderramas would then transport the illegal aliens to Michigan Secretary of State Offices and would use the Puerto Rican documents in the names of other individuals, along with the counterfeit documents of Michigan residency, to acquire an authentic Michigan driver’s license for the illegal alien using the name and other personal identifiers of an actual individual. The illegal aliens paid Eddie and Michael Balderramas for their assistance so that they could live in the country without detection by immigration authorities.
All defendants face up to 15 years’ imprisonment on the conspiracy charge, up to 10 years’ imprisonment for harboring, concealing or shielding from detection an illegal alien, and up to 5 years’ imprisonment for misuse of social security account numbers. The defendants also face a penalty of 2 years’ imprisonment consecutive to any term of imprisonment imposed for the other charges if convicted of aggravated identity theft.
Eddie Balderramas currently remains in the custody of the United States Marshal Service awaiting a hearing on his continued detention. The court released Michael Balderramas on bond. Martinez-Marte is in federal custody in Boston, Massachusetts, on related but separate charges.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
END
Justice Department Requires CRH to Divest Rocky Gap Quarry in Order to Proceed with Pounding Mill AcquisitionRead the Press Release
The Department of Justice announced today that it will require CRH plc and CRH Americas Materials, Inc. to divest an aggregate quarry in Rocky Gap, Virginia, in order to proceed with its proposed acquisition of Pounding Mill Quarry Corporation.
The Department’s Antitrust Division filed a civil antitrust lawsuit in the U.S. District Court for the District of Columbia to block the proposed transaction. At the same time, the Department filed a proposed settlement that, if approved by the court, would resolve the Department’s competitive concerns.
“Today’s structural settlement resolves both horizontal and vertical competition concerns and ensures that purchasers of aggregate and asphalt concrete in southern West Virginia — and ultimately, taxpayers — will continue to benefit from competition in the supply of these critical products used in road construction and maintenance,” said Assistant Attorney General Makan Delrahim of the Antitrust Division. “As a result of the proposed acquisition, CRH would have owned nearly all of the aggregate quarries that supply southern West Virginia.”
According to the Department’s complaint, both CRH and Pounding Mill produce and sell aggregate. CRH also produces and sells asphalt concrete. Aggregate is an essential input in asphalt concrete. Aggregate and asphalt concrete are the primary materials used to build, pave, and repair roads.
The complaint alleges that, for a significant number of customers in southern West Virginia, CRH and Pounding Mill are two of only three competitive sources of aggregate qualified by the West Virginia Department of Transportation. According to the complaint, the loss of horizontal, head-to-head competition between CRH and Pounding Mill would likely result in higher prices for aggregate customers in that area.
The complaint also alleges that the acquisition would raise vertical competition concerns. Only one company, a recent entrant, competes with CRH to supply asphalt concrete in southern West Virginia. That company relies on Pounding Mill to supply the aggregate it needs to manufacture asphalt concrete. According to the complaint, if CRH were to acquire its rival’s source of aggregate, it would have the incentive and ability to disadvantage its rival by withholding this essential input or supplying it on less favorable terms, resulting in higher prices for the sale of asphalt concrete in southern West Virginia.
Under the terms of the proposed settlement, CRH must divest the Pounding Mill quarry in Rocky Gap, Virginia and related assets to an acquirer approved by the United States. This structural divestiture remedies the competitive harm resulting from the elimination of a significant aggregate competitor and provides an alternative source of aggregate for CRH’s only asphalt concrete competitor.
The settlement also includes, consistent with other antitrust settlements in this administration, several provisions designed to improve the effectiveness of the decree and the Division’s future ability to enforce it.
CRH plc is headquartered in Ireland and is a global supplier of building materials. In the United States, CRH, through its vast network of subsidiaries, is a leader in the supply of aggregate, asphalt concrete, and ready mix concrete, among numerous other things, conducting business in 44 states. In 2015, CRH had global sales of approximately $26 billion, with sales in the United States of approximately $14 billion.
CRH Americas Materials, Inc. is incorporated in Delaware with its principal place of business in Atlanta, Georgia. CRH Americas Materials, Inc. is an indirect subsidiary of CRH Americas, Inc. CRH Americas Materials, Inc. is one of the largest suppliers of aggregate, asphalt concrete, ready mix concrete, and construction and paving services in the United States.
Pounding Mill is a Delaware corporation headquartered in Bluefield, Virginia. Pounding Mill owns and operates four quarries — three in Virginia and one in West Virginia — from which it supplies aggregate. In 2015, Pounding Mill had sales of approximately $44 million.
As required by the Tunney Act, the proposed settlement, along with the Department’s competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement within 60 days of its publication to Maribeth Petrizzi, Chief, Defense, Industrials, and Aerospace Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 8700, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the court may enter the final judgment upon a finding that it serves the public interest.
Johnstown Man Stopped in Butler County Had Illegal Loaded Handgun, Heroin and Crack CocaineRead the Press Release
PITTSBURGH, Pa. – A Cambria County resident pleaded guilty in federal court to charges of possession of a firearm and ammunition by a felon, carrying a firearm during and in relation to a drug trafficking crime and possession with intent to distribute heroin and crack cocaine, United States Attorney Scott W. Brady announced today.
Andrew Edwards, age 32, of Johnstown, Pennsylvania, pleaded guilty to three counts before Senior United States Circuit Court Judge D. Michael Fisher.
In connection with the guilty plea, the court was advised that on April 11, 2016, Edwards was a passenger in a vehicle stopped for traffic violations in Middlesex Township, Butler County. The driver gave the officer permission to search the vehicle. In the backseat of the vehicle, where Edwards had been seated, officers observed a jacket and a backpack. From the jacket, officers recovered 528 bags of heroin, and a plastic baggie containing crack cocaine. From the backpack, officers recovered a Springfield XD 45 caliber semi-automatic handgun with six rounds in the magazine. Personal items including a towel, hairbrush and a toothbrush were also in the backpack. The FBI laboratory determined that there was support for the inclusion of Edwards as a contributor to the DNA found on the toothbrush.
Judge Fisher scheduled sentencing for November 9, 2018. The law provides for a maximum total sentence of not less than five years and up to life in prison, a fine of $1,000,000, 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 of the defendant. Pending sentencing, the court ordered Edwards to remain detained.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Middlesex Township Police Department conducted the investigation leading to the indictment in this case.
Investigation of Lodge Grass Triple Killing Concludes, No Charges FiledRead the Press Release
LODGE GRASS, MONTANA - On August 4, 2017, Nehemiah Brokenrope, Frank Nomee Jr., and Denise Stewart were shot and killed after entering a home on the Crow Reservation. Occupants of the home were also injured. The Federal Bureau of Investigation and Bureau of Indian Affairs (BIA) conducted an extensive, 10-month investigation. The investigation involved numerous interviews, evidence collection and analysis, and autopsies of the deceased.
The investigation revealed that Brokenrope, Nomee, and Stewart forcibly entered the house carrying at least one gun and possibly another gun or other weapon. An occupant of the home had a gun. Shots were fired. An occupant of the home was shot in the abdomen. Brokenrope, Nomee, and Stewart were mortally shot.
After a careful review of the evidence and witness testimony, prosecutors concluded the investigation could not conclusively determine who shot whom, or in what order the shots were fired. Thus, there is no way to prove, beyond a reasonable doubt, who actually fired the shot(s) that killed any of the decedents. Additionally, even if there were evidence sufficient to prove who shot whom, the United States would be unable to overcome beyond a reasonable doubt claims of self-defense and/or defense of another.
Upon careful consideration of the evidence and after consulting with the experienced prosecutors reviewing the case, the United States Attorney determined that no charges can be filed in this case.
United States Attorney Kurt G. Alme stated, “This case has been a priority for the FBI, the BIA, and this office. Violent deaths are a tragedy, and this incident has had deep impacts on the Crow Tribe and the residents of Lodge Grass. We send our condolences to the entire community.”
Inmates Sentenced for Contraband in Pottawattamie County JailRead the Press Release
COUNCIL BLUFFS, Iowa - On June 20, 2018, Deandre Eugene Cooper, age 35, and Charles Jesse Beuterbaugh, age 30, were sentenced by United States District Court Senior Judge James E. Gritzner for Possession of Contraband by a Federal Prisoner announced United States Attorney Marc Krickbaum. Cooper was sentenced to 100 months imprisonment to be followed by three years of supervised release. Beuterbaugh was sentenced to serve eight months in prison followed by three years of supervised release. Their sentences were each ordered to be served consecutively with sentences they previously received in other matters prosecuted by the United States Attorney’s Offices for the Southern District of Iowa and the District of Nebraska.
Cooper and Beuterbaugh, along with other co-defendants, while incarcerated at the Pottawattamie County Jail, distributed K-2, a synthetic cannabinoid. On May 17, 2017, staff seized the substance from co-defendant Ivan Cervantes’ cell with the use of a drug detecting dog. Lab reports confirmed the substance found hidden in Cervantes’ cell was a synthetic cannabinoid. Further investigation revealed Cooper and Beuterbaugh had distributed K-2 to other inmates.
This case was investigated by the Iowa Division of Narcotics Enforcement and the Pottawattamie County Sheriff’s Office. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa
Illegal alien from Honduras arrested in Sulphur pleads guilty to illegally re-entering U.S.Read the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that an illegal alien from Honduras who was arrested in Sulphur, Louisiana, pleaded guilty Wednesday to re-entering the United States illegally after having been previously removed from the United States four times.
Boney D. Cruz-Funez, 31, of Honduras, pleaded guilty before U.S. Magistrate Judge Kathleen Kay to one count of illegal re-entry of a previously deported alien. According to the guilty plea, on April 11, 2018, Sulphur police conducted a traffic stop on Cruz-Funez’s vehicle on Interstate 10. After the stop, he admitted to being in the country illegally. Cruz-Funez was removed from the United States previously on four occasions with the last removal taking place on May 28, 2013 from San Antonio, Texas.
Cruz-Funez faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set sentencing for November 19, 2018.
United States Border Patrol and the Sulphur Police Department conducted the investigation. Assistant U.S. Attorney Robert F. Moore is prosecuting the case.
Hyde County, North Carolina Men Plead Guilty to Waterfowl Baiting ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces DAVID CAHOON 59, JOHNATHAN BULL 47, JOHNATHAN PARKER WILLIAMS 52, and TIMOTHY CAHOON 49, recently plead guilty to charges of aiding and abetting others to take migratory waterfowl with the use or aid of bait, and hunting migratory waterfowl over an area that was baited.
During the 2016-2017 waterfowl season, Federal Wildlife Officers observed, on several occasions, multiple people engaged in the baiting of the Cahoon impoundments. On December, 17th 2016, Federal and State Wildlife Officers observed multiple hunters enter both baited impoundments and actively hunt migratory waterfowl.
Evidence suggested that DAVID CAHOON, allowed a family member to hunt his waterfowl impoundment even after knowing the impoundment contained fresh shelled corn that was purposely placed to attract migratory waterfowl for the purpose of hunting. The impoundment is located adjacent to the Lake Mattamuskeet National Wildlife Refuge. DAVID CAHOON, plead guilty to aiding and abetting others to hunt on or over a baited area and was ordered to pay a $9000.00 fine.
Evidence suggested TIMOTHY CAHOON, hunted on opening morning within the baited impoundment. TIMOTHY CAHOON, plead guilty to hunting over a baited area and was ordered to pay a $2500.00 fine and lost his hunting rights for one year.
In an adjacent impoundment JOHNATHAN BULL and a group of hunter’s, hunted migratory waterfowl while knowing the impoundment was baited with bird seed and sunflower seed purposely placed to attract migratory waterfowl into the impoundment. This impoundment is also located adjacent to the Lake Mattamuskeet National Wildlife Refuge. BULL, plead guilty to hunting over a baited area and aiding and abetting others to hunt over a baited area and was ordered to pay a $4000.00 fine and lost his hunting rights for one year.
PARKER WILLIAMS, plead guilty for his involvement by aiding and abetting others to hunt over bait and was ordered to pay a $4000.00 fine and lost his hunting rights for one year.
This case was investigated by the U.S. Fish and Wildlife Service Division of Refuge law Enforcement and the North Carolina Wildlife Resources Commission. Assistant United States Attorney Daniel Smith prosecuted the case for the government.
Houston Man Guilty of Trafficking Drugs through the Eastern District of TexasRead the Press Release
BEAUMONT, Texas – A 56-year-old Houston man has pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Eugenio Cerda pleaded guilty to conspiracy to possess with intent to distribute cocaine and conspiracy to money launder on June 21, 2018 before U.S. Magistrate Judge Keith Giblin.
According to information presented in court, on Jan. 19, 2017, a known drug courier was pulled over after leaving Cerda’s home. Inside the vehicle, officers discovered over a kilogram of fentanyl, which represented DEA’s largest fentanyl seizure in the Houston/Southeast Texas area at that time. Over the course of the next six months, law enforcement surveillance showed Cerda conspired with others to distribute 2.5 kilograms of fentanyl, one kilogram of heroin and over 21 kilograms of cocaine through Southeast Texas and is believed to have laundered at least $1.5 million in drug proceeds. Cerda was indicted by a federal grand jury on Jan. 10, 2018.
Under federal statutes, Cerda faces at least 10 years and up to life in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being prosecuted under the Organized Crime Drug Enforcement Task Force (OCDETF) as a joint investigation. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, weapons trafficking offenders, money laundering organizations, and those individuals responsible for the nation’s illegal drug supply.
This case was investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Christopher T. Rapp.
Honduran National Pleads Guilty to Illegally Entering the United States and Selling Drugs in San Francisco’s Tenderloin DistrictRead the Press Release
SAN FRANCISCO – Olvin Didier Centeno-Gamez pleaded guilty today to three counts of possession with intent to distribute a controlled substance within 1000 feet of a school, and one count of illegal re-entry into the United States after deportation, announced Acting U.S. Attorney Alex G. Tse and Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin. The guilty plea was accepted by the Honorable Susan Illston, U.S. District Judge.
In pleading guilty to the controlled substance offenses, Centeno-Gamez, 36, a citizen of Honduras, admitted that on April 18, 2018, he was in San Francisco’s Tenderloin District and in possession of heroin, methamphetamine, and cocaine that he intended to distribute. Centeno-Gamez further admitted that, at the time of his arrest, he was within 1000 feet of a local elementary school. Centeno-Gamez also admitted he illegally re-entered the United States after having been deported on five previous occasions between 2009 and 2017.
A federal grand jury indicted Centeno-Gamez on May 17, 2018, charging him with three counts of possession with intent to distribute a controlled substance within 1000 feet of a school, in violation of 21 U.S.C. §§ 841 and 860(a), and one count of illegal re-entry into the United States after deportation, in violation of 18 U.S.C. §§ 1326(a) and (b)(2). Today, Centeno-Gamez pleaded guilty to all counts in the indictment.
Centeno-Gamez will remain in the custody of the U.S. Marshal Service until his sentencing date, which is scheduled for September 28, 2018, at 11:00 a.m. The controlled substance offenses to which Centeno-Gamez pleaded guilty carry a mandatory minimum sentence of one year of incarceration. The maximum statutory penalties for possession with intent to distribute a controlled substance within 1000 feet of a school include 40 years of imprisonment and a $2,000,000 fine. The maximum statutory penalties for illegal re-entry by an alien after deportation include 20 years of imprisonment and a $250,000 fine. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Casey Boome is prosecuting the case with the assistance of Marina Ponomarchuck. The prosecution is the result of an investigation led by HSI and the Drug Enforcement Administration.
Greenville Man Guilty of Passport FraudRead the Press Release
Columbia, South Carolina –------- United States Attorney Sherri A. Lydon stated that Gregory Orville Bertelsen, age 71, of Greenville, South Carolina, pled guilty today to making false statements to secure a passport in violation of Title 18, United States Code, Section 1542. He faces a sentence of up to 10 years in federal prison and/or a fine of up to $250,000.00. United States District Judge Donald C. Coggins, Jr., accepted the plea of guilty and will sentence Bertelsen at a later date.
Assistant United States Attorney David C. Stephens advised the Court of the following facts at the guilty plea hearing. In August 2016, a passport renewal application in the name of a person having the initials PDL was received via mail at the National Passport Center in New Hampshire. The return address for the application was Greenville, South Carolina. Due to certain questionable things on the application it was referred to Fraud Prevention Management (FPM).
FPM conducted records checks based on the name and identifiers used in the application and determined that PDL was actually a child who had died in 1952. FPM then used facial recognition software and were able to match the photo on the PDL application with the photo on a passport that Defendant Bertelsen had previously obtained. Bertelsen was interviewed and admitted that he had filed the false application for a passport in the name of PDL.
United States Attorney Lydon commended the State Department, Diplomat Security Service for their continuing vigilance in protecting our passport system.
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