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Tuesday 8 May 2018
Wasilla Man Sentenced to 12 Years in Prison for Downloading Child PornographyRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that Tyler Arlan Weis, 41, of Wasilla, was sentenced yesterday by Chief U.S. District Judge Timothy M. Burgess to serve 12 years in prison, followed by a life term of supervised release, for receipt of child pornography.
In October 2016, Alaska State Troopers (AST) investigating an online file-sharing network downloaded multiple files of child pornography from Weis’s computer. Among these files of child pornography were images of adults vaginally and anally penetrating prepubescent females. During a search of Weis’s home, Troopers located images of child pornography on his computer. Also present were multiple hidden camera videos of minors that Weis had secretly recorded while those minors used the bathroom in his home.
At sentencing, Judge Burgess described the defendant’s crime as “extremely serious,” and noted the “profound” effect that the images and videos received, created and possessed by the defendant had on their victims. The images downloaded by the defendant through the file-sharing network “depicted serious, disturbing, heinous violations that [the] children in the videos suffered,” said Judge Burgess. However, as bad as those downloaded files were, the hidden camera videos produced by the defendant were “even more troubling,” according to Judge Burgess, because “the activity occurred in his own house.”
The Alaska State Troopers conducted the investigation leading to the successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorney Kyle Reardon.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices nationwide 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.
Wallingford Man Charged with Bankruptcy Fraud and Identity Theft OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that JOEL C. RILEY, 46, of Wallingford, was arrested yesterday on a criminal complaint charging him with bankruptcy fraud, identity theft, and conspiracy to commit bankruptcy fraud and identity theft.
As alleged in the complaint, on December 15, 2016, RILEY visited an attorney claiming that he had power of attorney for another individual (the “victim”) who was ill, and that he wanted to file a bankruptcy petition on the victim’s behalf. The attorney told RILEY that the attorney needed to meet with the victim in person to confirm her identity. After several delays, on June 6, 2017, RILEY and a woman claiming to be the victim met with the attorney at his office. The woman presented a Connecticut driver’s license in the name of the victim as identification. That same day, the parties reviewed and signed a Chapter 7 bankruptcy petition, which the attorney filed with the U.S. Bankruptcy Court for the District of Connecticut. The petition listed unsecured debts of approximately $277,000.
The complaint further alleges that, later in June 2017, the victim tried to use a department store credit card and learned that a bankruptcy petition had been filed in her name, without her knowledge and authorization. On June 28, 2017, the victim met with the attorney and stated that she did not file for bankruptcy. That same day, RILEY sent an email to the attorney stating “I clearly owe you more than an apology and clearly have not been in the right frame of mind. I need to make this right. And I know that exposes myself. You have done so much for me and I betrayed that. Please let me know what I can do to resolve this.” The attorney then notified the bankruptcy court.
It is further alleged that the victim testified in bankruptcy court that her identification had been missing from her wallet when the petition was filed. She further testified that other than a student loan, all of the other unsecured debt listed in the bankruptcy petition was not her debt and that RILEY had impersonated her in the past in order to obtain credit. On July 21, 2017, the bankruptcy court dismissed the false bankruptcy petition in the victim’s name.
After his arrest, RILEY appeared before U.S. Magistrate Judge Robert M. Spector in New Haven and was released on a $100,000 bond and electronic monitoring.
Bankruptcy fraud, identity theft, and conspiracy each carries a maximum term of imprisonment of five years.
U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Neeraj N. Patel.
U.S. Attorney John F. Bash Announces Additional Supervisory Staff ChangesRead the Press Release
Today, United States Attorney John F. Bash announced changes to his supervisory staff within the District.
Assistant U.S. Attorney Gregg Sofer is now the Chief of the Criminal Division. Sofer has been an Assistant U.S. Attorney in the Austin Division of the Western District of Texas since 2007. He has handled, among other types of cases, terrorism, public corruption, violent crime, white collar, espionage, and export-control matters. Most recently, Sofer led the successful prosecution of Chimene Onyeri for the attempted murder of Judge Julie Kocurek. Before joining the U.S. Attorney’s Office, Sofer worked at the Department of Justice in Washington, DC. There, he last served as the Director of the National Gang Targeting Enforcement Coordination Center (GangTECC), where he supervised senior agents from six federal law enforcement agencies in targeting our nation’s most dangerous gangs. Prior to accepting that position, he served as the first ever Director of the Office of Justice for Victims of Overseas Terrorism. That office is responsible for, among other things, monitoring the investigation and prosecution of terrorist incidents overseas in which Americans are killed and injured. Before being named Director, Sofer was an attorney in the Justice Department’s Counterterrorism Section. In that position, he was responsible for investigating and prosecuting a wide variety of terrorism cases, many of which focused on the murder of American citizens overseas. Sofer traveled extensively in pursuit of these cases and has worked with foreign law-enforcement and intelligence authorities in several countries. Sofer has also lectured around the world on issues relating to the confluence of the collection of classified information / intelligence and the criminal prosecution of terrorism cases. Before joining the Department of Justice, Sofer was an Assistant District Attorney in the New York County District Attorney’s Office for over eleven years. While serving as a Deputy Chief, Sofer supervised and prosecuted complex violent gang cases. Before that, Sofer prosecuted hundreds of cases ranging from murder to white collar offenses. Sofer is a graduate of Rutgers University and the New York University School of Law.
Assistant U.S. Attorney Michelle Fernald is now the Deputy Chief of the Criminal Division. Fernald, who served as Deputy Chief of the Austin office for the past six years, began her service in the Western District of Texas in 1996 after leaving her positions as a state prosecutor and a Senior Assistant Attorney General for the State of Arkansas. In those roles she served in the Domestic Violence/Sexual Assault Unit and later in the Medicaid Fraud Control Unit. Since becoming a federal prosecutor, Fernald has prosecuted a variety of offenses, including in the areas of violent crime, narcotics, immigration, financial fraud, firearms, money laundering, and immigration enforcement. In 2014, Fernald was named as a “Winning Woman” by Texas Lawyer for her role in the prosecution of members and associates of the Los Zetas Cartel for money laundering through the American Quarter Horse Industry, an honor only given every three years to 19 women across the state. Fernald graduated from the University of Arkansas in 1987 and the University of Arkansas at Little Rock in 1991.
Assistant U.S. Attorney Erica Giese is now the Chief of the Financial Litigation Unit (FLU). Prior to joining the District, Giese served as a prosecutor for the Harris County District Attorney’s Office. In 2006, she began her federal service as a prosecutor in the Del Rio Division of the Western District of Texas, where she prosecuted a variety of cases involving immigration, narcotics, public corruption, gangs and organized crime (RICO), violent crime, child pornography, civil-rights violations, fraud, firearm-trafficking offenses, human smuggling, juvenile offenses, and Indian Country crime. In 2012, she was promoted to Chief of the Del Rio Division and later became the Chief of the San Antonio Division. In 2014, Giese received the Executive Office of U.S. Attorneys Director’s Award for Superior Performance in recognition of her handling of a firearms-trafficking case that resulted in the prosecution of over fifty defendants and the seizure of approximately seventy firearms and thousands of rounds of ammunition before they could be smuggled into Mexico. In 2017, Giese joined the Civil Division’s Affirmative Civil Enforcement section. Giese is a 2002 graduate of St. Mary’s University School of Law, a 1999 graduate of Texas State University, and a 1996 graduate of The University of Texas at Austin.
Assistant U.S. Attorney John Gibson is now the Chief of the San Antonio Division. Gibson began his service with the Western District of Texas in 2003 as an Assistant U.S. Attorney in the Border Interdiction Group in El Paso, where he prosecuted immigration and drug-trafficking crimes on the southwest border. He then joined the Organized Crime Drug Trafficking Task Force (OCDETF), prosecuting high-level drug-cartel and transnational-gang members for eleven years and ultimately being promoted to Chief of the OCDETF Unit in El Paso. Before becoming a federal prosecutor, Gibson was an assistant district attorney for the 34th District Attorney’s Office and an attorney for the Texas Department of Public Safety. He has been awarded the Attorney General’s Distinguished Service Award and the Director’s Award for Superior Performance as a Criminal Assistant U.S. Attorney, and he is a three-time recipient of the James H. DeAtley Award for exceptional trial work. Gibson graduated from the University of Texas School of Law in 1995 and Sul Ross State University in 1992.
Assistant U.S. Attorney Dan Guess is now the Chief of the Austin Division. Guess began his service with the Western District of Texas in January 2011 in the Austin Division. Before joining the office, Guess served as the Lead OCDETF attorney and Deputy Criminal Chief for Major Crimes in the U.S. Attorney’s Office for the Northern District of Texas. Guess began his legal career as an Assistant District Attorney in the Dallas County District Attorney’s Office, where he was responsible for appellate, misdemeanor, felony, and specialized-crime matters. In addition to his accomplishments as a prosecutor, Guess served on active duty in the U.S. Air Force from 1987 to 1991 and as a reservist from 1991 to 1999, ultimately attaining the rank of Major. Guess graduated from Georgetown University with a Bachelor of Science Foreign Service degree in 1986 and from the University of Texas School of Law in 1994.
Assistant U.S. Attorney Grant Sparks is now the Deputy Chief of the Austin Division. Sparks has been a prosecutor since 1995 and an Assistant U.S. Attorney in the Austin Division of the Western District of Texas since 2007. Before joining the U.S. Attorney’s Office, Sparks was an Assistant Attorney General assigned the Cyber Crimes Unit in the Texas Attorney General’s Office, where he also served as Unit Commander of the Internet Crimes Against Children Task Force. Sparks also served as a Special Assistant U.S. Attorney for both the Western and Eastern Districts of Texas for several years prosecuting computer-related crimes. Earlier in his career, Sparks was a prosecutor in Williamson County, TX, a briefing attorney to the Honorable Bill White of the Texas Court of Criminal Appeals, and a field representative to U.S. Representative Frank Lucas of Oklahoma. Sparks received his B.A. from the University of Oklahoma and his J.D. from The George Washington University Law School.
Assistant U.S. Attorney Jody Gilzene is now the Deputy Chief of the Del Rio Division. Gilzene previously served as an Assistant U.S. Attorney within the Del Rio Division, where she prosecuted a variety of offenses, including in the areas of drug importation, illegal-alien transportation, and immigration-document fraud. Gilzene began her federal service in 2008, when she left her position as an Assistant Prosecutor in Eaton County Michigan to join the U.S. Air Force as a Judge Advocate General. During her active-duty service, Gilzene served as a military prosecutor, a military defense attorney, the Chief of General Law, and a civil-litigation counsel. Gilzene also deployed in support of Operation Enduring Freedom, where she served as Chief of Military Justice and Deputy Staff Judge Advocate. After an honorable discharge from active duty, Gilzene worked as an Assistant City Attorney for the City of Austin, where she defended various city departments in personnel actions. Gilzene graduated Western Michigan University Cooley Law School in 2007 and the University of Illinois at Chicago in 2003, where she was also a member of the Women’s Division I basketball team.
In addition to the foregoing supervisory changes, U.S. Attorney Bash has selected Assistant U.S. Attorney Margaret Leachman to serve as Senior Litigation Counsel. Leachman previously served as Chief of the Criminal Division. In her new role, Leachman will focus on the office’s discovery and disclosure obligations and will work on prosecutions and other matters of particular significance.
Bash previously promoted Ashley Hoff to First Assistant U.S. Attorney and Kristy Callahan to Executive Assistant U.S. Attorney.
“I have selected this team of supervisors from an outstanding pool of prosecutors and civil attorneys in the Western District of Texas,” stated U.S. Attorney Bash. “I look forward to working with this team and our other supervisors to enhance the safety and security of the people of Central and West Texas. I am especially grateful to Margaret Leachman, one of the hardest-working attorneys you will ever meet, for her continued service in the district as a Senior Litigation Counsel. Her guidance has been invaluable to me.”
Two Springfield Men Plead Guilty to Federal Firearms and Drug ChargesRead the Press Release
BOSTON - Two Springfield men pleaded guilty today in federal court in Springfield to federal drug and firearms offenses.
Alexis Ayala, 40, and Wilfredo Perez, 38, each pleaded guilty to one count of distribution and possession with intent to distribute heroin. Ayala also pleaded guilty to two counts of being a felon in possession of a firearm. U.S. District Court Judge Mark G. Mastroianni scheduled their sentencings for Aug. 14, 2018.
On April 5, 2015, Perez and Ayala distributed 200 doses of heroin, worth $550, to a government witness in the area of 122 Central Street in Springfield. Ayala, a previously convicted felon, also sold two firearms to a government witness. Specifically, on Dec. 15, 2015, Ayala sold the witness a Walther P22 pistol equipped with a laser sight, which had been reported stolen to the Springfield Police on Sept. 4, 2014; and on Aug. 8, 2016, Ayala sold the witness a Smith and Wesson MP40c .40 caliber pistol.
The charge of distributing heroin provides for a sentence of no greater than 30 years in prison, a minimum of three years of supervised release and a fine of $1 million. The charge of being a felon in possession of a firearm provides for a sentence of no greater than 10 years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Springfield Police Commissioner John Barbieri; and Holyoke Police Chief James Neiswanger made the announcement today. Assistant U.S. Attorney Neil L. Desroches of Lelling’s Springfield Branch Office is prosecuting the case.
Two Honduran Citizens Indicted for Scheme to Facilitate Employment of Undocumented Aliens in Construction Industry and Evasion of Payroll Taxes and Workers’ Compensation LawsRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Fanny Melina Zelaya-Mendez (39, Jacksonville) with three counts of conspiracy to commit wire fraud and Roger Omar Zelaya-Mendez (33, Jacksonville) with one count of conspiracy to commit wire fraud and one count of illegally re-entering the United States after a prior deportation. Each wire fraud count carries a maximum penalty of 20 years in federal prison and the illegal re-entry count carries a maximum penalty of 2 years’ imprisonment. The indictment also notifies the defendants that the United States intends to seek forfeiture of $1,075,180, the approximate amount of proceeds obtained as a result of the wire fraud offenses, as well as $286,135 and a pick-up truck that were seized from Roger Omar Zelaya-Mendez on April 6, 2018.
According to the indictment, Fanny Melina and Roger Omar Zelaya-Mendez facilitated the employment of undocumented aliens living and working in the United States illegally, by establishing shell companies that provided workers to construction contractors and subcontractors. By obtaining and paying the workers through the defendants’ shell companies, the contractors and subcontractors avoided responsibility for ensuring that (1) the workers were legally authorized to work in the United States, (2) required state and federal payroll taxes were paid, and (3) adequate workers’ compensation insurance was provided.
Florida law requires any business that engages in construction work to secure and maintain workers’ compensation insurance. The Zelaya-Mendezes applied for workers’ compensation insurance policies to cover estimated payrolls of a set amount at the shell companies. They then “rented” those insurance policies to numerous construction contractors and subcontractors who employed hundreds of workers.
The contractors and subcontractors wrote payroll checks to defendants’ shell companies for the work performed by the undocumented alien workers. The Zelaya-Mendezes then cashed those payroll checks and distributed the cash to the construction crew leaders, who in turn paid the workers in cash. The defendants kept 4% of the amount of each payroll check as a “rental” fee for the workers’ compensation insurance policies.
The Zelaya-Mendezes cashed payroll checks totaling $26,979,514, and their “rental fees” totaled $1,075,180. Had a workers’ compensation policy been purchased for a payroll of $26,979,514, the policy would have cost $6,683,481. The policies that the defendants purchased and then “rented” out were for estimated payrolls of between $85,800 and $120,800, and the insurance company issued those policies for annual premiums ranging from $16,787 to $27,581.
Fanny Melina Zelaya-Mendez and Roger Omar Zelaya-Mendez are Honduran citizens who are illegally present in the United States. Roger Omar Zelaya-Mendez was previously deported from this country on February 13, 2009, and on July 20, 2012.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Internal Revenue Service – Criminal Investigation. It will be prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Two Cleveland men charged for brandishing firearms while robbing MetroPCS stores and shooting at an off-duty Cleveland police officerRead the Press Release
Two Cleveland men were charged in federal court for brandishing firearms while robbing four MetroPCS stores and shooting at an off-duty Cleveland police officer.
Shawn Ford, 19, and Charles Rogers, 23, were each charged with Hobbs Act robbery and brandishing firearms during a crime of violence. The investigation is ongoing.
Ford and Rogers are accused of robbing the MetroPCS story at 10959 Kinsman Road on March 21, at 11100 Lorain Ave. on March 25, at 14701 Kinsman Road on March 27 and at 5853 Broadway Ave., also on March 25.
Ford and Rogers fled from the store on Broadway after taking more than $1,000 from the register. An off-duty Cleveland police officer, who was a customer in the store, followed them out of the store. He identified himself as a police officer and ordered them to stop. One of the suspects began shooting at the officer and 15 spent 9 mm shell casings were recovered nearby, according to court documents.
About 30 minutes later, an officer saw a vehicle that matched the description of the car the suspects got into after shooting at the officer. The car was pulled over with Ford and Rogers inside. Inside the car was a spent 9 mm round, blue latex gloves and clothing that matched clothing worn by suspects in other MetroPCS robberies, according to court documents.
Rogers was wearing an electronic monitoring device with GPS capabilities on March 21, the date of the first MetroPCS robbery. The GPS placed Rogers one-tenth of a mile from the Kinsman Road store a few minutes before the robbery. Sometime later the GPS device was tampered with or taken off Rogers, according to court documents.
This case was investigated by the Cleveland Division of Police and Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Ohio Adult Parole Authority and the Cuyahoga County Prosecutor’s Crime Strategies Unit. It is being prosecuted by Assistant U.S. Attorney Kelly L. Galvin.
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.
A charge 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.
Trail & Boswell Plead Guilty to Interstate Transportation of Stolen PropertyRead the Press Release
United States Attorney Joe Kelly announced that Aubrey Trail, 51, and Bailey Boswell, 24, formerly of Wilber, Nebraska, both pleaded guilty today in Lincoln, Nebraska, to one count of interstate transportation of stolen property before Magistrate Judge Cheryl Zwart. In connection with the guilty plea, the Court was advised that from on or about December 3, 2015, and continuing to on or about November 7, 2017, Aubrey Trail, falsely represented himself as an individual named “Alan Russell,” and approached the victims with a proposal to jointly purchase a valuable gold coin and share in the profits from the sale of the coin. Trail falsely represented the value of the gold coin to be far greater than the price he and the victim would pay to purchase it. Additionally, Boswell and Trail requested money from the victims in order to facilitate the sale of the coin to an alleged purchaser. At that time, Boswell and Trail both knew that he had not negotiated any sale of the coin and the purported coin was not a valuable gold coin as he had represented to the victims.
Additionally, Boswell and Trail traveled from Nebraska to Kansas to continually request and pick up money and property from the victims, claiming the money was needed for fictional expenses relating to the sale of the gold coin. These representations ranged from travel expenses to the grading of the gold coin and expenses related to commissions and contracts needed for releasing the gold coin for final sale. During the course of the scheme to defraud the victims lost over $400,000 in money and property.
Sentencing is scheduled for August 3, 2018, before the Honorable John M. Gerrard. The interstate transportation of stolen property charge carries a possible penalty of not more than ten years in prison; a fine of up to $250,000; and a term of supervised release following the prison term of not more than three years.
This case was investigated by the Federal Bureau of Investigation.
Texas Man Pleads Guilty to Federal Drug Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Jimmy Myers, 24, of Lockhart, Texas, pled guilty today in federal court in Las Cruces, N.M., to a narcotics trafficking charge arising out of the sale of methamphetamine to an undercover law enforcement agent.
Myers and co-defendants Jesus Sanchez, 31, of Carlsbad, N.M., and Stephanie Murray, 30, of Loving, N.M., were charged with methamphetamine trafficking offenses in a three-count indictment filed on Dec. 13, 2017. The indictment charged Myers, Sanchez and Murray with participating in a methamphetamine trafficking conspiracy and with distributing methamphetamine on April 28, 2017. Myers also was charged with distributing methamphetamine on May 18, 2017. According to the indictment, the defendants committed the crimes in Eddy County, N.M.
During today’s change of plea hearing, Myers pled guilty to distributing more than 50 grams of methamphetamine. In entering the guilty plea, Myers admitted distributing 93 grams of methamphetamine to an undercover law enforcement agent in exchange for $2,200 in Carlsbad on May 18, 2017.
At sentencing, Myers faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the New Mexico State Police. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Statement by United States Attorney William M. McSwain Regarding the Guilty Verdict in U.S. v. ShulickRead the Press Release
“I would like to commend the jury for its careful review of the evidence presented in this case. For the past three weeks, the members of the jury patiently listened to many hours of testimony about the fraud perpetrated by David Shulick on the Philadelphia School District and, by extension, the students of Delaware Valley High School’s Southwest School.
Shulick secured funding from the School District by promising to provide at-risk students with a level of guidance counseling appropriate for their needs, psychological support services, and school security. He also promised to pay teachers a decent wage. He flagrantly broke all of these promises. Instead, he took money specifically allocated for these laudable purposes and spent it selfishly on himself. The evidence presented to the jury showed that he intentionally cheated the School District, the students, and the public.
The jury found Shulick guilty of embezzling over $800,000 in federal funds allocated for use in educating at-risk high school students. In addition, the jury found Shulick guilty of conspiring with Chaka Fattah, Jr. to embezzle funds from the School District of Philadelphia, as well as bank fraud, making a false statement to PNC Bank, and filing false tax returns over multiple years. This verdict serves as a reminder that when it comes to education, my office has zero tolerance for fraud.
Moreover, the evidence at trial highlighted the breadth of Shulick’s fraud, which extended well beyond lies to the School District. In operating his school business, he lied to his accountants, lied to a bank, lied to employees, and lied to the IRS. He used his business like a personal piggy bank and a pass- through to hide his income and expenses from the IRS. He fabricated his business expenses to avoid his tax obligations and support an extravagant lifestyle, which included five-figure renovations on his vacation home at the Jersey shore, the installation of high-end speakers at his mansion in Gladwyne, and dance lessons for his children. He even disguised his housekeepers and nannies as employees of his business in order to cheat on his taxes.
I want to congratulate the trial team of Assistant United States Attorneys Michael T. Donovan, Christopher J. Mannion, Paul Gray, and Eric L. Gibson, as well as this Office’s Chief of Corruption Richard P. Barrett, and the highly skilled team of agents and analysts from the Federal Bureau of Investigation, the Internal Revenue Service - Criminal Investigation, and the Department of Education, who worked together to expose Shulick’s shameful criminal activity and presented the evidence to the jury that resulted in his conviction. I am very proud of their dedication and service to the public.”
Rochester Man Pleads Guilty to Importing Controlled SubstanceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Steven Zepp, 28, of Rochester, NY, pleaded guilty to importing a controlled substance from a foreign country before U.S. District Judge Charles J. Siragusa. The charge carries a maximum possible penalty of 20 years in prison, a fine of $1,000,000, or both.
Assistant U.S. Attorney Charles E. Moynihan, who is handling the prosecution of the case, stated that in March of 2017, members of law enforcement intercepted several packages sent from Germany to 116 Frear Drive, in Rochester. The packages contained a substance believed to be 3, 4-Methylenedioxymethamphetamine, or MDMA, commonly known as ecstasy. Officers executed a search warrant at the Frear Drive location and seized multiple controlled substances, including additional quantities of MDMA, methamphetamine and marijuana. Officers arrested Zepp, who was residing at the residence, at the scene.
The plea is a culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; the United States Postal Inspection Service, Boston Division, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon; and the New York State Police, under the direction of Major Richard Allen.
Sentencing is scheduled for August 9, 2018, at 11:00 a.m. before Judge Siragusa.Richfield Man Pleads Guilty to Violent Armed Robbery of Red & White TaxicabRead the Press Release
United States Attorney Gregory G. Brooker today announced the guilty plea of MARIO LUIS JONES, 27, for the violent armed robbery of a Red & White taxicab in Minneapolis, Minnesota. JONES was indicted on March 6, 2018, and entered his guilty plea earlier today before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota.
“Mario Jones is a dangerous criminal who committed a violent armed robbery of a taxicab in the middle of a residential neighborhood. Violent crimes such as this will not be tolerated,” said U.S. Attorney Greg Brooker. “I am grateful for the work of our federal and local law enforcement partners who are dedicated to pursuing armed violent offenders and to keeping our businesses and communities safe.”
“This man’s reckless behavior put many lives at risk all the way from Minneapolis down to Lakeville,” said Special Agent in Charge Kurt Thielhorn of the ATF St. Paul Field Division. “Violent criminals have no place in our communities. We are pleased to partner with the Minneapolis and Lakeville Police Departments to make our community safer and bring this individual to justice.”
According to the defendant’s guilty plea and documents filed in court, on November 27, 2017, JONES got into a Red & White taxicab near the 2800 block of Pillsbury Avenue South in Minneapolis. JONES told the taxicab driver to take him to 5773 Bossen Terrace in Minneapolis, however, when they arrived, JONES told the driver that it was the wrong address. JONES then pulled out a .40 caliber semi-automatic pistol with a laser scope, placed the barrel near the driver’s head, and demanded that the driver stop the car and open the trunk. JONES got out of the taxi and walked to the trunk area. Fearing that JONES was going to kill him, the driver ran off. JONES fired the firearm and then drove off in the taxicab.
According to the defendant’s guilty plea and documents filed in court, JONES was located driving southbound on Interstate 35 in the Lakeville area. When law enforcement officers approached JONES, he sped off at speeds exceeding 100 miles per hour. JONES eventually crashed into a swampy ditch and was later apprehended and arrested.
The case was the result of an investigation conducted by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, the Minneapolis Police Department, and the Lakeville Police Department.
Assistant U.S. Attorney Thomas M. Hollenhorst is prosecuting the case.
Defendant Information:
MARIO LUIS JONES, 27
Richfield, Minn.
Convicted:
- Interference with commerce by robbery, 1 count
- Using, carrying, and discharging a firearm during and in relation to a crime of violence, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Resident of Webster, New York Sentenced for Health Care FraudRead the Press Release
CONCORD - Judith Morale (formerly known as Judith Remo), 55, of Webster, New York, was sentenced to three years of probation following her conviction for health care fraud, announced United States Attorney Scott W. Murray.
According to court documents, from 2006 to 2012, Morale owned and operated a business, Bedford Geriatric Physical Therapy, LLC, that provided physical therapy services to Medicare beneficiaries. Through the business, Morale provided routine foot care (e.g., toenail trimming, ingrown toenail repair and callus shaving) to patients in an assisted living facility in Bedford, New Hampshire. Knowing that the services were not covered by Medicare, Morale obtained payments totaling $41,127.89 by submitting claims for payment to Medicare that falsely described these routine services as wound care.
Morale previously pleaded guilty on December 18, 2017. As part of her sentence, Morale was ordered to pay restitution of $41,127.89.
“Fraud against federal health care programs such as Medicare is a very a serious crime,” said U.S. Attorney Murray. “Health care providers who attempt to defraud the Medicare program will be investigated and prosecuted. I am grateful to the investigators whose hard work resulted in this successful prosecution.”
“Every Medicare dollar is needed to provide necessary patient care, thus skimming off funds by providers will not be tolerated,” said Phillip M. Coyne, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “The message is clear. Those who steal from Medicare will have to pay the price.”
“Ms. Morale defrauded Medicare out of thousands of dollars for her own personal enrichment,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “The FBI, working collaboratively with our law enforcement partners, will do everything we can to root out others like her, who are diverting scarce taxpayer funds from government programs, for their own greed-fueled schemes.”
The case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorneys Robert Kinsella and John Davis.
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Reno Man Sentenced to 18 Years in Prison for Possession with Intent to Distribute Methamphetamine and Possession of A FirearmRead the Press Release
RENO, Nev. – A Reno man was sentenced Monday to 222 months in federal prison for selling methamphetamine in a motel parking lot and possession of a semiautomatic handgun, announced U.S. Attorney Dayle Elieson for the District of Nevada.
Ronald Robinson, 49, was sentenced by United States District Judge Larry R. Hicks to 162 months for possession with intent to distribute methamphetamine and 60 months for possession of a firearm in furtherance of a drug trafficking crime. He pleaded guilty to the criminal charges in September 2017.
According to information in the plea agreement, on September 19, 2017, detectives with the Street Enforcement Team were conducting surveillance at the Reno Royal Motel due to numerous complaints of drug activity. Detectives observed Robinson carrying a fanny pack-type bag and meeting several people in the motel parking lot. Detectives observed Robinson drive away and he was subsequently stopped after committing a traffic violation. During the traffic stop, Robinson reached for a .40 caliber pistol that was holstered on his right hip
A K9 police dog alerted detectives to drugs in the car. Inside the fanny pack, detectives found a plastic bag with approximately 91 grams of methamphetamine, a digital scale, used drug-packing baggies, and a ledger. During an interview with law enforcement, Robinson admitted to purchasing the firearm two hours before the traffic stop. He also admitted that he had three to four ounces of methamphetamine in the car and that he typically payed $275 per ounce for the methamphetamine.
The case was investigated by the Street Enforcement Team consisting of the Reno Police Department, the Sparks Police Department, and the University of Nevada; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Drug Enforcement Administration. Assistant U.S. Attorney Megan Rachow prosecuted the case.
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Real Estate Development Project Manager Indicted on Fraud, Identity Theft ChargesRead the Press Release
PROVIDENCE, RI – A project manager for a real estate development company headquartered in Newport, RI, has been indicted by a federal grand jury on charges that he allegedly devised and executed a scheme in which he obtained more than $200,000 by forging endorsements on checks made payable to subcontractors and then depositing the proceeds into a bank account under his control.
A federal grand jury returned a fourteen-count indictment on May 3, 2018, charging Gregory Meeker, 55, of Barrington, RI, with twelve counts of fraud and two counts of aggravated identity theft. The indictment was unsealed during Meeker’s arraignment before U.S. District Court Magistrate Judge Patricia A. Sullivan on May 4.
According to court documents, it is alleged that soon after Meeker was employed by Landings Real Estate Group (Landings) in December 2015, he devised a scheme in which he created false invoices in the names of subcontractors working on several large construction projects that he managed. It is alleged that Meeker caused Landings to issue checks in the names of the subcontractors to pay for work that was not done. It is alleged that Meeker endorsed the checks and deposited the funds into a bank account he controlled, which he opened using the identity of another person without their permission.
It is alleged in the indictment that among the projects Meeker managed that caused Landing to make payments on fraudulent invoices that he pocketed included the Newport Beach Club Project - the construction of several luxury residences in Portsmouth; the East Island Reserve Project - the construction of a hotel in Middletown; and the Long Meadow Landings Project – the construction of an apartment complex in Groton, CT.
It is also alleged in the indictment that Meeker forged the endorsement of the “Inspection Department” on checks made payable to the Town of Portsmouth, and deposited those checks into his bank account. The checks were drawn from the bank account of the company for which Landings built the Newport Beach Club Project.
The indictment of Gregory Meeker is announced by United States Attorney Stephen G. Dambruch and Special Agent in Charge of the Federal Bureau of Investigation Harold H. Shaw.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Meeker was released on $100,000 unsecured bond following his arraignment.
The matter was investigated by the Federal Bureau of Investigation.
The case is being prosecuted by Assistant U.S. Attorney Sandra R. Hebert.
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Princeton Man Pleads to Federal Drug ChargeRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that a Princeton man pled guilty in federal court in Bluefield to distribution of hydromorphone. Jerome Brown, 45, admitted that on August 18, 2016, he distributed two hydromorphone pills to a confidential informant in Bluefield. Brown further admitted that he distributed two hydromorphone pills to a confidential informant in Bluefield on August 17, 2016, and again on August 22, 2016, as charged in the indictment. He faces up to 20 years in prison when he is sentenced on August 28, 2018. Stuart commended the work of the Southern Regional Drug and Violent Crime Task Force.
“Sell controlled pills, do not pass go, go directly to jail,” said United States Attorney Stuart. “My Office is aggressively prosecuting pill mills, pill mill doctors and those that sell pills illegally. We are aggressive and we intend to end the illicit pill industry in West Virginia.”
This initiative is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District. Assistant United States Attorney John File is handling the prosecution. Senior United States District Judge David A. Faber presided at the plea hearing.
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Pottstown Man Sentenced to 10 Years of Imprisonment for Child PornographyRead the Press Release
Shawn Kosinski, 34, of Pottstown, PA, was sentenced yesterday by U.S. District Judge Wendy Beetlestone to 10 years of imprisonment followed by 15 years of supervised release, announced U.S. Attorney William M. McSwain. Kosinski pled guilty in January to distribution, possession, and receipt of child pornography.
During the course of this investigation, law enforcement officers determined that the defendant used an internet file sharing network called GigaTribe to distribute and receive child exploitation images and videos. Investigators uncovered 235 videos and 920 images on Kosinski’s computer equipment, including some depicting prepubescent children, bondage, and bestiality. Also uncovered were extensive online “chats” with other GigaTribe users with whom Kosinski communicated in order to distribute and receive child exploitation images and videos.
“My Office and the Department of Justice are committed to identifying the criminals who commit child sexual exploitation and making sure each pays a severe penalty,” said U.S. Attorney McSwain. “Given the horrific nature of the offenses in this case, we believe the long prison sentence is absolutely justified and appropriate.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Department of Homeland Security/Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Jennifer B. Jordan.
Portuguese National Sentenced for Assaulting Federal OfficerRead the Press Release
BOSTON – A Portuguese national was sentenced yesterday in federal court in Boston for assaulting a federal officer during his arrest by immigration and customs enforcement officers.
Pedro Ramalho Peixoto, 23, a Portuguese national residing in New Bedford, was sentenced by U.S. District Court Judge Leo T. Sorokin to 10 months in prison. Peixoto will be subject to deportation proceedings upon completion of his sentence. In February 2018, Peixoto pleaded guilty to one count of assault on a federal officer.
On Nov. 1, 2016, Peixoto was arrested for trespassing, but failed to appear in Court to face the charge. The New Bedford District Court subsequently issued a warrant for Peixoto’s arrest. On July 5, 2017, Peixoto was arrested in Barnstable on two drug charges. He again failed to appear in court to face charges, and the Barnstable District Court subsequently issued a warrant for his arrest.
On Sept. 17, 2017, law enforcement arrested Peixoto on the two warrants. It was determined that Peixoto entered the United States on June 15, 2014, on a 90 day visa from Portugal, and that Peixoto had overstayed his visa. Immigration officials thus filed a detainer for Peixoto. However, on Sept. 18, 2017, when Peixoto was transferred from New Bedford District Court to Barnstable District Court to face that Court’s warrant, the Barnstable District Court released Peixoto without honoring the immigration detainer.
On Oct. 12, 2017, immigration officers located Peixoto in New Bedford and confronted him about his immigration status in the United States. Peixoto attempted to walk away, at which point the officers restrained Peixoto, who began resisting and shouting. By the time Peixoto was restrained, one of the officers reported being bitten by Peixoto multiple times during the arrest.
United States Attorney Andrew E. Lelling and Thomas P. Brophy, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Major Crimes Unit is prosecuting the case.
Pittsburgh Felon Pleads Guilty to Firearms ChargeRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
Marcus Smith, age 23, pleaded guilty to one count before United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that on February 2, 2017, Smith, an individual with several prior felony convictions, knowingly and unlawfully possessed a Glock 9mm pistol with an extended magazine and ammunition. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition.
Judge Hornak scheduled sentencing for September 14, 2018 at 9:30 a.m. The law provides for a total sentence of not more than ten years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the City of Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Smith.
Assistant United States Attorney Heidi M. Grogan is prosecuting this case on behalf of the government. This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Pitcairn Man Charged with Possession of Heroin and FentanylRead the Press Release
PITTSBURGH, PA – An Allegheny County resident has been indicted by a federal grand jury in Pittsburgh, Pennsylvania, on a charge of violating the federal narcotics laws, United States Attorney Scott W. Brady announced today.
The one-count indictment named William Kelly Penn, age 32, of Pitcairn, Pennsylvania, as the sole defendant.
According to the indictment, on or about March 27, 2018, Penn possessed with intent to distribute heroin and fentanyl.
The law provides for a maximum total sentence of not more than 20 years 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 offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pembroke Man Sentenced to Prison for RobberyRead the Press Release
GREENVILLE– United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Senior United States District Judge Malcolm J. Howard sentenced AARON CODY MAYNOR, 28 from Pembroke, to 108 months in prison, followed by 5 years of supervised release for robbery and brandishing a firearm in connection with a crime of violence. MAYNOR pled guilty to the charges on January 8, 2018. Charged with MAYNOR was co-defendant VINCENT LOCKLEAR, who was sentenced to 184 months imprisonment on April 19, 2018, for the same charges.
A Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) Confidential Informant ("CI") identified LOCKLEAR as a known armed drug trafficker in Robeson County in early 2017. In early January 2017, the CI set up a deal to purchase narcotics from LOCKLEAR. The CI and LOCKLEAR had additional communications after their first meeting and set up a January 13, 2017 meeting, in which the CI was supposed to purchase a pistol, and possibly other firearms, and receive additional narcotics. ATF provided the CI with official government funds, as well as other ATF property.
LOCKLEAR asked the CI to pick him up at the Walmart in Pembroke, North Carolina. LOCKLEAR stated that he had a friend that lived in the area attempting to sell firearms. LOCKLEAR offered to introduce the CI to this friend, and they drove together in the CI's car to a nearby address, also in Pembroke, North Carolina, which is in the Eastern District of North Carolina. The CI was acting in his capacity as an ATF CI and had lawful charge of the ATF funds and property.
LOCKLEAR directed the CI where to park on the property. Once parked, MAYNOR and another individual, who is a minor, were present and approached the CI's car. LOCKLEAR told the CI that these were his friends and they had several firearms for sale. Next, LOCKLEAR retrieved a .380 caliber pistol from his waistband and pointed it at the CI, telling the CI not to "act stupid" and to hand over the money. At this time, MAYNOR also retrieved a firearm-a pistol grip shotgun and assisted LOCKLEAR in robbing the CI. They took the CI's car keys, government funds, other ATF property, the CI's wallet, one of his shoes, and the CI's necklace.
After the robbery, LOCKLEAR and MAYNOR fled. Agents followed them to a residence that has been identified as LOCKLEAR's in Pembroke. LOCKLEAR and MAYNOR were quickly arrested. Pursuant to a state search warrant, agents searched LOCKLEAR's residence. They seized a pistol grip shotgun, a .380 pistol and other firearms and ammunition; the CI's ATF-provided funds; LOCKLEAR's cell phone; the CI's red and black air Jordan shoe; the CI's wallet and keys; and currency, which was a portion of the money taken during the robbery.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Robeson County Sheriff’s Office. The federal prosecution was handled by Assistant United States Attorney Daniel P. Bubar.
North Versailles Man Sentenced to More Prison Time for Violating the Terms of his Supervised ReleaseRead the Press Release
PITTSBURGH - A resident of North Versailles, Pennsylvania, has been sentenced in federal court to ten months’ imprisonment followed by eighteen months of supervised release for violating the terms of his federal supervised release imposed as part of Walls’ 2013 conviction for violations of federal narcotics laws, United States Attorney Scott W. Brady announced today.
United States District Judge Mark R. Hornak revoked supervision and imposed the sentence on Antoine Walls, age 25.
Recently, on April 17, 2018, Judge Hornak sentenced Walls to 44 months’ incarceration followed by three years’ supervised release for violations of federal firearms laws. Today, Judge Hornak ordered that Walls may serve six months of his ten-month sentence for violating his federal supervised release concurrent to the sentence imposed last month. Judge Hornak also ordered that the eighteen-month term of supervised release imposed as part of today’s sentence for violating supervised release may be served concurrent to the sentence recently imposed for violations of federal firearms laws.
According to information presented to the court, while on supervised release for a violation of federal narcotics laws, Walls unlawfully possessed a firearm and ammunition in violation of the terms of his supervised release and in violation of federal firearms laws.
Assistant United States Attorney Heidi M. Grogan prosecuted this case on behalf of the government.
United States Attorney Brady commended the Drug Enforcement Administration for the investigation leading to the successful prosecution of Walls.
North Carolina Return Preparer Sentenced to Prison for Filing False Tax Refund ClaimsRead the Press Release
A Wilson, North Carolina tax return preparer was sentenced today to 24 months in prison for filing a false claim for refund with the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Robert J. Higdon, Jr. for the Eastern District of North Carolina.
According to documents and information provided to the court, in early 2015 Tawanda Denise Pitt, managed Integritax, a tax preparation business in Wilson, North Carolina. Pitt falsified taxpayer client returns by claiming phony dependents and education credits and reporting fake businesses in order to seek refunds to which her clients were not entitled. Pitt also admitted that she trained other preparers to file fraudulent returns. She caused a tax loss between $550,000 and $1.5 million; the total tax loss resulting from false education credits alone exceeded $780,000.
In addition to the term of imprisonment, U.S. District Court Judge Malcolm J. Howard ordered Pitt to serve three years of supervised release and to pay $203,106 in restitution to the IRS.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Higdon thanked agents of IRS Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Adam F. Hulbig and Trial Attorney Terri-Lei O’Malley of the Tax Division, who are prosecuted the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Niagara Falls Woman Sentenced for Attempting to Evade Reporting Requirements While Purchasing Money OrdersRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Georgina Fisher, a/k/a Georgina Baratta, 47, of Niagara Falls, NY, who was convicted of attempting to cause a financial institution to fail to file a transaction report, was sentenced to one year probation by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys MaryEllen Kresse and Russell T. Ippolito, who handled the case, stated that on January 28, 2010, the defendant traveled to four Western Union agents in Amherst and Cheektowaga to purchase money orders. At each of the four locations, Fisher purchased less than $3,000 in money orders because she knew that if she purchased $3,000 or more in money orders, she would be required to show identification, and that the Western Union agent would be required to record such identification and other specifics of her money order purchase. The total amount of the money orders purchased on January 28, 2017, was $8,000. In addition, on seven other days between January 29, 2010, and February 6, 2010, Fisher engaged in similar conduct designed to evade the reporting requirements regarding the purchase of money orders in amounts of $3,000 or more. Specifically, on each of these other dates, the defendant traveled to multiple Western Union locations, purchasing less than $3,000 in money orders at each location. The money orders purchased on these dates totaled $66,000.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation, under the supervision of Special Agent-in-Charge James D. Robnett.
New York Man Sentenced to over 19 Years for Heroin and Crack Trafficking ConspiracyRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Carey Ackies, 36, of Jamaica, Queens, New York, was sentenced today in U.S. District Court by Judge George Z. Singal to 230 months in prison and eight years of supervised release for conspiracy to distribute heroin and 28 grams or more of cocaine base, commonly known as crack, and aiding and abetting the possession with the intent to distribute heroin and 28 grams or more of crack. On November 30, 2017, Ackies was convicted following a three-day jury trial.
Court records and trial evidence revealed that on January 18, 2016, federal agents intercepted a drug courier getting off a bus in Portland with heroin and crack. The ensuing investigation revealed that the defendant was the source of the drugs. Four days later, DEA located and arrested the defendant in New York. A search of his Jamaica apartment resulted in the seizure of heroin and crack, a firearm, a money counter and other evidence of drug trafficking.
In imposing sentence, Judge Singal observed that Ackies was a professional drug dealer who was responsible for sending substantial quantities of the most addictive, dangerous drugs into Maine.
The investigation was conducted by the U.S Drug Enforcement Administration in conjunction with the U.S. Department of Homeland Security, the FBI, the Maine State Police and the Lewiston Police Department.
New York Man Pleads Guilty to Heroin, Fentanyl and Crack Trafficking Conspiracy ChargeRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Denton Worrell, a/k/a “Lil D”, 20, of Rochester, New York, pled guilty today in U.S. District Court to conspiracy to distribute heroin, fentanyl and cocaine base, commonly known as “crack.”
According to court records, between June 2015 and March 2017, Worrell conspired with others to acquire heroin, fentanyl and crack in Rochester, New York and transport it to Central Maine for distribution. The defendant and other conspirators from Rochester sold the drugs in Central Maine. In exchange for crack or heroin, Central Maine residents allowed the Rochester conspirators to sell drugs from more than 12 of their residences and assisted them in distributing, storing and transporting the drugs.
The defendant faces up to 20 years in prison, a $1,000,000 fine, and from three years to life on supervised release. He will be sentenced after the completion of a presentence report by the U.S. Probation Office.
The case was investigated by the U.S. Drug Enforcement Administration, the Maine Drug Enforcement Agency, and the Kennebec County Sheriff’s Department, with assistance provided by the Augusta, Maine Police Department, and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
New Haven Man Sentenced to 57 Months in Federal Prison for Illegally Possessing Loaded HandgunRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that TREYVON BATTLE, also known as “Joker,” 27, of New Haven, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 57 months of imprisonment, followed by three years of supervised release, for illegally possessing a loaded handgun.
According to court documents and statements made in court, on July 31, 2017, BATTLE fled from a rental truck as a New Haven Police officer was conducting a traffic stop of the vehicle on Ella T. Grasso Boulevard. Pursuing officers located BATTLE and observed him carrying and then discarding a firearm on Truman Street. Officers apprehended BATTLE shortly thereafter, and then collected the firearm, which was a semiautomatic 9mm handgun loaded with 18 rounds of ammunition. The gun also had an obliterated serial number.
On August 26, 2010, BATTLE was convicted in state court for the felony offense of “No Pistol Permit” and “Assault Personnel,” on which he received a sentence of 10 years of incarceration, with five years to serve, followed by five years of probation.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
BATTLE has been detained since his arrest. On February 7, 2018, he pleaded guilty to one count of possession of a firearm and ammunition by a previously convicted felon.
The matter was investigated by the New Haven Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant U.S. Attorneys Rahul Kale and Jocelyn Courtney Kaoutzanis.
Nevada Collects over 8,000 Pounds of Unused Pills at National Prescription Drug Take Back DayRead the Press Release
LAS VEGAS, Nev. – Americans nationwide did their part to drop off a record number of unused, unwanted, or expired prescription medications during the DEA’s 15th National Prescription Drug Take Back Day. Together with a record-setting number of local, state, and federal partners, DEA collected and destroyed close to one million pounds—nearly 475 tons—of potentially dangerous expired, unused, and unwanted prescription drugs, making it the most successful event in DEA history. This brings the total amount of prescription drugs collected nationwide by DEA since the fall of 2010 to 9,964,714 pounds, or 4,982 tons.
The Silver State collected a total of 8,012 pounds of prescription pills at 21 sites across the state, announced U.S. Attorney Dayle Elieson for the District of Nevada and Assistant Special Agent in Charge Dan Neill for the DEA Las Vegas office.
“Turning in unused and expired prescription drugs at a Take Back Day collection site may have prevented someone from becoming an addict or helped save a life in Nevada,” said U.S. Attorney Elieson. “National Prescription Drug Take Back Day events continue to safely remove dangerous drugs from homes, where they could be stolen and abused by family members, including children and teens. I am grateful to every Nevadan and law enforcement agency who participated in the DEA Take Back Day.”
“National Prescription Drug Take Back is an opportunity for the community to come together and rid their medicine cabinets of unwanted prescription drugs,” said ASAC Neill. “The growing opioid epidemic must be confronted at every level - in our communities, across the State, and across our Nation - and Take Back events afford us a unique opportunity to collaborate at each level.”
DEA launched its prescription drug take back program when both the Environmental Protection Agency and the Food and Drug Administration advised the public that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—posed potential safety and health hazards.
Complete results for DEA’s 15th National Prescription Drug Take Back Day are available at www.deatakeback.com. The next Take Back Day is October 27, 2018.
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Navajo Man from Farmington Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Twaine Willie, 26, an enrolled member of the Navajo Nation who resides in Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge. Willie entered the guilty plea under a plea agreement that recommends that he be sentenced to a prison term within the range of 24 to 30 months followed by a term of supervised release to be determined by the court.
Willie was arrested on Jan. 18, 2018, on a criminal complaint charging him with assaulting a Jicarilla Apache man with a baseball bat on Jan. 3, 2018, on the Jicarilla Apache Nation in Rio Arriba County, N.M. According to the complaint, the victim sustained a compound fracture of his lower right leg as the result of the assault.
During today’s proceedings, Willie pled guilty to a felony information charging him with assault resulting in serious bodily injury. In entering the guilty plea, Willie admitted that on Jan. 3, 2018, he pushed and beat the victim, who required surgery to repair a compound fracture to his right tibia. Willie remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department, and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback.
Monroeville Man Sentenced on Charges of Illegal Weapons PossessionRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Justin Parker of Monroeville, Alabama was sentenced today after earlier pleading guilty to a violation of 18 USC Section 922(g), Possession of a Firearm by a Convicted Felon, in two separate cases.
White was sentenced to serve 71 months imprisonment followed by three years of supervised release in each case concurrently.
According to the facts Parker admitted in his guilty plea, this case arose when the Monroe County Sheriff’s Office arrested Parker for shooting a man on September 3, 2017. After learning that Parker had been convicted of unlawful distribution of narcotics in 2011 and was prohibited from possessing a firearm, the Federal Bureau of Investigation was asked to assist in investigating a federal case.
In the interim, Parker was released on bond on the state charges. On September 28, 2017, Officers of the Monroeville Police Department executed a narcotics search warrant on a residence and found Parker present at the home and in possession of another firearm.
Chief United States District Judge Kristi Dubose determined that because of the need to protect the community and the defendant’s disrespect for the law, a sentence at the high end of the federal sentencing guidelines, or 71 months imprisonment, was required.
This case was investigated by the Monroeville Police Department, the Monroe County Sheriff’s Department and the Federal Bureau of Investigation. This case was prosecuted by AUSA Maria E. Murphy.
Missouri Man Pleads Guilty to Fraud in Obtaining Government ContractsRead the Press Release
KANSAS CITY, KAN. – A Missouri man pleaded guilty today to committing fraud to obtain millions of dollars in government contracts, U.S. Attorney Stephen McAllister said.
Joseph David Dial, Jr., age 53 of Belton, Mo., pleaded guilty to one count of major program fraud and one count of wire fraud. In his plea, he admitted he falsely claimed that United Medical Design Builders, LLC was eligible to receive set aside contracts under the federal Service-Disabled Veteran-Owned Small Business program. Because of Dial’s false representations, the company received contracts from the Department of Defense including an $8.2 million contract to build healthcare facilities at Hanscom Air Force Base.
No sentencing date has been set yet. Dial faces up to 10 years in federal prison on the program fraud count, and up to 20 years on the wire fraud count.
McAllister commended the Defense Criminal Investigative Service, General Services Administration-Office of Inspector General, Small Business Administration-Office of Inspector General, and Army CID Major Procurement Fraud Unit and Assistant U.S. Attorney Tris Hunt for their work on the case.
Men Sentenced for Hobbs Act Robberies and Possession of Firearms by a FelonRead the Press Release
GREENVILLE – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, Senior United States District Judge Malcolm J. Howard sentenced JAMES LEROY EVERETTE, 23, of Tarboro, North Carolina and BOBBY RAY WORTHINGTON, 25, of Pinetops, North Carolina for their roles in a series of robberies. EVERETTE was sentenced to 134 months of imprisonment followed by 3 years of supervised release and WORTHINGTON was sentenced to 120 months of imprisonment followed by 3 years of supervised release.
EVERETTE and WORTHINGTON were named in a six-count Indictment on October 3, 2017. On January 11, 2018, EVERETTE pled guilty to three-counts of Hobbs Act Robbery and Aiding and Abetting; and one count of Brandishing a Firearm in Furtherance of a Crime of Violence and Aiding and Abetting. Also on January 11, 2018, WORTHINGTON pled guilty to two-counts of Hobbs Act Robbery and Aiding and Abetting; one-count of Brandishing a Firearm in Furtherance of a Crime of Violence and Aiding and Abetting; and one-count of Felon in Possession of a Firearm.
On November 18, 2016, EVERETTE and WORTHINGTON, entered the Speedway gas station wearing ski masks, and demanded money from the clerk. They stole $310 from the register and $10 worth of cigarettes. During the robbery, WORTHINGTON pointed a firearm at the clerk while EVERETTE stole the money from the register. Furthermore, according to the victim, she was ordered to the ground before the suspects fled the store.
On November 19, 2016, EVERETTE and WORTHINGTON entered the Community Store wearing ski masks, and robbed the store of $1,500. During the robbery, WORTHINGTON used a firearm by pointing it at the clerks, while EVERETTE grabbed the money from the register. The clerks were then ordered to sit on the floor before WORTHINGTON and EVERETTE left the store.
On November 21, 2016, EVERETTE, and Darricus Diquel Suggs, previously sentenced to 97 months imprisonment on April 17, 2018, entered the Speedway gas station wearing gloves and concealing their faces with shirts or ski masks. EVERETTE immediately leapt over the counter and instructed the clerk to open the cash register, at which time he grabbed the cash out of the register. They fled the scene with $382, which they ultimately divided among themselves.
On November 22, 2016, EVERETTE was arrested by Greenville Police Department (GPD), following a high speed chase, after his vehicle was recognized as the suspect vehicle in multiple commercial robberies. During the pursuit, the officer activated his lights and siren, and reached speeds of 110 miles per hour. EVERETTE also admitted to participating in the burglary of Perry’s Gun Shop in Wendell, North Carolina, in order to acquire firearms for future robberies. EVERETTE and Suggs stole a total of nine firearms from the gun shop.
On November 22, 2016, WORTHINGTON was arrested driving a vehicle that contained a Ruger pistol and 1.5 grams of marijuana.
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 Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Greenville Police Department, Rocky Mount Police Department, and the Wendell Police Department conducted the criminal investigation of this case. Assistant United States Attorney James J. Kurosad handled the prosecution of this case for the government.
Members of Two Different Methamphetamine Trafficking Rings Arrested in South Sound Law Enforcement ActionRead the Press Release
Coordinated teams of more than 150 law enforcement officers and agents fanned out across the Puget Sound region early today to dismantle two drug trafficking organizations, announced U.S. Attorney Annette L. Hayes. A dozen people are in custody, arrested on two different grand jury indictments charging trafficking of both methamphetamine and heroin. The arrests follow two wire-tap investigations and grew out of an earlier investigation that resulted in more than twenty arrests in March 2018. The defendants will make their initial appearances in U.S. District Court in Tacoma at 2:30 today.
“Once again, federal, state and local law enforcement partners have come together to address the drug and gun crime plaguing communities in the South Sound,” said U.S. Attorney Annette L. Hayes. “The two groups arrested today have been charged with serious crimes involving methamphetamine, heroin and guns. Today they appear in court to hear the charges against them – the beginning of the process to hold them to account and keep our communities safe. “
Today law enforcement searched a dozen homes and multiple vehicles in connection with the two drug rings. During the searches law enforcement seized 22 pounds of meth, one pound of heroin, $48,000 cash and more than 40 firearms.
“These highly coordinated operations are purposely designed to disrupt the controlling elements who are responsible for importing dangerous amounts of methamphetamine and heroin into Western Washington,” said DEA Special Agent in Charge Keith R. Weis.
As part of this investigation, prior to today, more than 65 pounds of meth was seized from one of the drug organizations during traffic stops along the I-5 corridor. In March 2017, law enforcement stopped a car with 25 pounds of meth. In three other stops in January and August of 2017 and in March of 2018, officers seized as much as 14 pounds of meth from hidden compartments in “load cars.” Law enforcement searched five homes in connection with this group: two in Federal Way, and homes in Auburn, Des Moines, and Kent. Four people are charged in connection with that drug trafficking group:
JAIME ASTORGA VEGA, 31, of Federal Way, Washington
JOSE ALVAREZ SANCHEZ, 25, of Kent, Washington
JAVIER GARCIA RODRIGUEZ, 34, of Auburn, Washington
YAJAIRA ANDRADE DIAZ, 30, of Des Moines, Washington
In the second indictment, eight people are charged with trafficking both methamphetamine and heroin:
PRISCILIANO PASCACIO PACHECO, 28, of Kent, Washington
DANNY AVILA, 28, of Enumclaw, Washington
JEFFREY A. ANONSON, 47, of Kent, Washington
MARGARITO TORRES VALDOVINOS, 24, of Seattle, Washington
FREDERICK CLAYTON BAILEY, 63, of Ravensdale, Washinbgton
ALICIA LEE ROBERTSON, 43, of Lakewood, Washington
TRINIDAD RAMIREZ RAMIREZ, 27, of Black Diamond, Washington
ISMAEL GARCIA VALENZUELA, 24, of Thermal, California
In connection with this second group, law enforcement searched three homes in Kent, as well as homes in Marysville, Seattle, Enumclaw, and Lakewood.
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
This was an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, providing supplemental federal funding to the federal and state agencies involved.
This investigation was conducted by DEA Tacoma, the Tahoma Narcotics Enforcement Team (TNET), and the Kent Police Department, with significant assistance from the Auburn and Bonney Lake Police Departments. TNET is comprised of agents and officers from DEA, Washington State Department of Corrections, the Pierce County Sheriff’s Office and the Auburn, Tacoma, Puyallup, Bonney Lake, and Lakewood Police Departments.
The case is being prosecuted by Assistant United States Attorneys Marci L. Ellsworth and C. Andrew Colasurdo.
Maryland Man Found Guilty of First-Degree Murder While Armed in 2016 Slaying of His Ex-GirlfriendRead the Press Release
WASHINGTON – Donald R. Hairston, 51, of District Heights, Md., was found guilty by a jury today of first-degree murder while armed and other charges in the June 2016 slaying of his ex-girlfriend at her home in Southeast Washington, U.S. Attorney Jessie K. Liu announced.
Hairston also was found guilty of first-degree felony murder while armed, first-degree burglary while armed, temporary protection order violation, stalking, and related firearms offenses. The verdict followed a trial in the Superior Court of the District of Columbia. He is to be sentenced on July 20, 2018, by the Honorable Danya A. Dayson.
According to the government’s evidence, on Saturday, June 18, 2016, at approximately 1 a.m., the victim, Stephanie Goodloe, was in bed in her three-bedroom rowhouse in the 700 block of Kentucky Avenue SE. Her 11-year-old daughter, who was asleep in a nearby bedroom, awoke to her mother’s cry and the sound of “Pop… pop, pop, pop.” She then then saw a man walk by her open bedroom door. The man she observed was Hairston, her mother’s ex-boyfriend. Terrified, the girl waited a few minutes before checking on her mother because she was afraid the defendant would come after her next. When she finally gained the courage to go into her mother’s room, she found her 40-year-old mother dead, suffering from multiple gunshot wounds, including one to the head. Frantic, she called 911.
Prior to the murder, according to the government’s evidence, Hairston had engaged in a pattern of domestic violence against Ms. Goodloe. She had filed for a temporary protection order against him approximately two weeks earlier after he had slashed her tires and showed up at her house pounding on the door at all hours of the night. Additionally, in the weeks leading up to the murder, he stole her house keys from her front door, threatened to kill her, and generally stalked and harassed her. They were scheduled to go to court regarding the temporary protection order on Monday, June 20, 2016, just two days after the murder.
Hairston was arrested on the day of the murder and has been in custody ever since.
In announcing the verdict, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department (MPD). She also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. She acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Michelle D. Jackson, David Gorman, and Laura R. Bach; Victim/Witness Advocate Marcia Rinker; Victim/Witness Services Coordinator Katina Adams-Washington; Forensic Child Interview Specialists Karen Giannakoulias and Tracy Owusu; Forensic Operation/Program Specialist Benjamin Kagan-Guthrie; Contract Specialist Marquetta Little; Lead Paralegal Specialist Meridith McGarrity; Paralegal Specialists Kelly Blakeney and Stephanie Gilbert; Criminal Investigators John Marsh and Zachary McMenamin, and Litigation Technology Specialist Leif Hickling.
Finally, she commended the work of Assistant U.S. Attorneys Alicia Long and John Timmer, who investigated, indicted, and prosecuted the case.
Marion County woman admits to taking mail, ordered to pay back victimRead the Press Release
CLARKSBURG, WEST VIRGINIA – Rochelle Pernell, of Fairmont, West Virginia, has admitted to obstructing mail, United States Attorney Bill Powell announced.
Pernell, age 32, pled guilty to one count of “Obstruction of Mails.” Pernell admitted to taking a $500 Visa gift card after it was deposited for mail and before it was delivered to its intended recipient. The crime occurred January 27, 2017 in Marion County.
Pernell was sentenced to 12 months probation and ordered to pay $790.00 in restitution.
Assistant U.S. Attorney Sarah E. Wagner prosecuted the case on behalf of the government. The United States Postal Service Office of Inspector General investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Maine Man Pleads Guilty to Distributing HeroinRead the Press Release
CONCORD - Timothy G. Zani, 39, of Berwick, Maine, pleaded guilty in federal court to distribution of heroin, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, in spring 2015, law enforcement officers received information that Zani was distributing heroin in the Berwick, Maine, and Somersworth, New Hampshire areas. On three occasions between May 7 and June 10, 2015, Zani sold heroin to cooperating individuals at locations in Somersworth, New Hampshire.
Zani is scheduled to be sentenced on September 4, 2018.
“The distribution of heroin and fentanyl pose a great threat to public safety,” said U.S. Attorney Murray. “We will continue to work closely with all of our law enforcement partners to investigate and prosecute those who are distributing these deadly substances.”
“Those suffering from the disease of opioid addiction need access to treatment and recovery,” said DEA Acting Special Agent in Charge Albert Angelucci. “But, those responsible for distributing lethal drugs like heroin to the citizens of New Hampshire need to be held accountable for their actions. DEA and its local, state and federal partners are committed to bringing to justice those that distribute this poison.”
This matter was investigated by the Drug Enforcement Administration and Berwick (ME) Police Department. The case is being prosecuted by Assistant U.S. Attorney Anna Dronzek.
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Lorain man and federal prison inmate convicted for conspiracy to commit murder for hire and to distribute cocaineRead the Press Release
A Lorain man and an inmate at a federal prison in New Jersey were convicted by a jury for their conspiracy to commit murder for hire and to distribute cocaine.
Eduardo Rios Velasquez, 37, of Lorain, and Angel Cordero, 37, an inmate at Fort Dix Federal Correctional Institution, are scheduled to be sentenced Sept. 18. They were both convicted on one count of conspiracy to commit murder for hire and one count of conspiracy to distribute cocaine.
Velasquez and Cordero had previously been incarcerated together. Cordero was in contact with Velasquez in the summer of 2017 through a contraband cellular phone that had been smuggled into Fort Dix, according to court documents and trial testimony.
Cordero put Velasquez in contact with another inmate. Velasquez offered to pay the other inmate money if he could provide Velasquez with the address for a woman identified in court documents as T.G. Cordero told the inmate that Velasquez had been hired to kill T.G, according to court documents.
Additionally, another person supplied Velasquez with large shipments of cocaine, with Cordero serving as the broker in the deals. Federal law enforcement authorities intercepted a kilogram of cocaine in July that was being shipped to Velasquez, according to court documents and trial testimony.
“This case was an outstanding effort by investigators and prosecutors from multiple states and jurisdictions who came together to avert a tragedy,” U.S. Attorney Justin E. Herdman said.
“This case shows that no one is out of reach from being charged and prosecuted when a crime is committed. Even when serving a sentence, Cordero continued his criminal activity with little regard of the consequences,” said Angel M. Melendez, special agent in charge of HSI New York. “Now he and Valasquez were found guilty of their actions and will now face whatever sentence issued because of their reprehensible actions.”
DEA Special Agent in Charge James Hunt stated: “It is not uncommon for our investigations to unveil drug-related murders; but this significant murder-for-hire plot paved a twisted path from New York City to Lorain, Ohio. Law enforcement collaboration helped prevent another murder from occurring. I commend the dedicated and talented team of agents, detectives, investigators and prosecutors who worked on this investigation.”
“The FBI is pleased with the jury's verdict. Velasquez will spend significant time behind bars for his ruthless willingness to kill someone for money,” said FBI Special Agent in Charge Stephen D. Anthony. “The FBI Cleveland Division commends the collaboration between the law enforcement agencies involved in disrupting and prosecuting this murder for hire.”
The case is being prosecuted by Assistant U.S. Attorneys Brian McDonough, Brad Beeson and Special Assistant U.S. Attorney Hiral Mehta following an investigation by the U.S. Department of Homeland Security’s New York office, the DEA’s New York Drug Enforcement Task Force – which is comprised of agents, detectives and investigators of the U.S. Drug Enforcement Administration, New York City Police Department and the New York State Police -- and the Federal Bureau of Investigation’s Cleveland office, with assistance from the U.S. Attorney’s Office for the Eastern District of New York.
Lawrence Man Pleads Guilty to Heroin and Fentanyl Distribution ConspiracyRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced today that Miguel Arias Velasquez, 21, of Lawrence, Massachusetts, pleaded guilty to participating in a heroin and fentanyl trafficking conspiracy.
According to court documents and statements made in court, from at least January of 2017 until July of 2017, Arias-Velasquez made deliveries of heroin and fentanyl to customers of a drug organization working out of a residence on Water Street in Lawrence. Customers, including customers from New Hampshire, would call to order drugs and Arias-Velasquez and others would drive to locations in Methuen and Salisbury, Massachusetts to deliver the drugs.
A sentencing hearing is scheduled for August 16, 2018.
“Those who choose to distribute heroin and fentanyl endanger their customers as well as the general public. Maintaining public safety requires that they be prosecuted aggressively,” said U.S. Attorney Murray. “We work closely each day with our law enforcement partners to target those who seek to profit from the sale of these deadly substances.”
This matter was investigated by the DEA, the Massachusetts State Police, the United States Marshals Service, the New Hampshire State Police, and the Lawrence Police Department. Assistant United States Attorney Donald A. Feith prosecuted the case.
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Lake Wales Man Sentenced to More Than Four Years on Tax Fraud ChargesRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced Tedderick Fields to four years and three months in federal prison for filing false claims with the Internal Revenue Service. He was also ordered to pay $7,775 in restitution to the IRS. Fields pleaded guilty on February 1, 2018.
According to court documents, Fields admitted to filing false tax returns in his name from 2011 through 2013. He reported wages that he had not earned from a business that he had incorporated, Dew’s T-Shirts and Accessories, and falsely claimed that he withheld federal income tax. In 2011, Fields filed a false tax return in his name, claiming that he had earned over $50,000 in wages and had withheld more than $14,000. The false claims resulted in a fraudulent tax refund of $7,775. In 2012, he filed another false tax return in his name, claiming that he had earned $1 million in wages and had withheld $400,000. This false claim resulted in the issuance of a fraudulent tax refund check in excess of $400,000.
This case was investigated by Internal Revenue Service – Criminal Investigation, with assistance from the St. Lucie County Sherriff’s Office. It was prosecuted by Assistant United States Attorney Kelley Howard-Allen.
Korean National Sentenced to Nearly 4 Years in Prison for Role in Scheme that Avoided Paying Excise Taxes on Millions of CigarettesRead the Press Release
LOS ANGELES – A Korean national who was living in the United States as an illegal alien has been sentenced to 46 months in federal prison for participating in a scheme to defraud the United States by evading millions of dollars in federal excise taxes due on 143 million cigarettes.
Un Hag Baeg, 58, of Marina del Rey, was sentenced Monday for his role in a conspiracy that sold cigarettes domestically, but did not pay excise taxes after falsely claiming the cigarettes were leaving the United States on cargo ships sailing out of the ports of Los Angeles and Long Beach. At the time of the offense, Baeg operated Far East Marine Ship Supply Company, a ship chandler that provided supplies to cargo vessels.
United States District Judge S. James Otero imposed the prison sentence and additionally ordered Baeg to pay $7.26 million in restitution to the U.S. Alcohol and Tobacco Tax and Trade Bureau.
Baeg was sentenced after pleading guilty in October to conspiracy to defraud the Unites States.
Cigarettes sold in the United States are subject to a federal excise tax of $50.33 per one thousand cigarettes. This tax is generally paid by the manufacturer, but it may be avoided if the cigarettes are properly transferred to a bonded warehouse to be exported or consumed outside of the United States. Untaxed cigarettes sold for this purpose are known as “export-only” cigarettes. When export-only cigarettes are diverted and sold in the United States, federal and state taxing authorities suffer lost excise taxes.
According to court documents, between 2012 and 2015, Baeg and others conspired to divert approximately 143 million export-only cigarettes from an export warehouse near the Port of Los Angeles. Baeg purchased the cigarettes under the pretext that the cigarettes would be provided to various ships sailing out of the United States. In fact, the cigarettes were sold in the United States, which resulted in millions of dollars in lost federal and state excise taxes.
Baeg and his co-conspirators subsequently hid their fraud by preparing false paperwork indicating that the cigarettes had been delivered to the various ships. To make these bogus documents appear to be legitimate, the conspirators stamped the paperwork with fabricated rubber stamps bearing the names of cargo vessels.
Baeg’s “criminal conduct was neither passive nor passing,” according to a sentencing memorandum filed by prosecutors. “Rather, he played an active and crucial role in a long-operating criminal enterprise.”
The conspiracy resulted in the evasion of $7,260,203 in federal excise taxes and $5,986,458 in California excise taxes.
A man who assisted Baeg by picking up the duty-free cigarettes Baeg ordered several times a week, paying for them with money provided by Baeg, and transporting the cigarettes to distribution points has also pleaded guilty to a charge of conspiracy to defraud the United States. Isaac Rojas, 45, of El Monte, pleaded guilty last year to conspiring with Baeg and is scheduled to be sentenced by Judge Otero on May 29, at which time Rojas will face a statutory maximum sentence of five years in federal prison.
This case was investigated by the U.S. Alcohol and Tobacco Tax and Trade Bureau; IRS Criminal Investigation; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case was prosecuted by Assistant United States Attorney James Hughes of the Tax Division and Trial Attorney Christopher Strauss of the Justice Department’s Tax Division.
Justice Department Seeks to Revoke Citizenship of Convicted Felons Who Conspired to Defraud U.S. Export-Import Bank of More Than $24 MillionRead the Press Release
The Justice Department today filed denaturalization lawsuits against two individuals convicted of conspiring to defraud the United States Export-Import Bank (“Ex-Im Bank”) of more than $24 million, conduct they allegedly concealed during their naturalization proceedings. The civil complaints were filed in federal court in the Southern District of Florida.
“Criminals that seek citizenship in the United States and knowingly hide their criminal history have no right to keep their citizenship,” said Acting Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Today’s complaints prove that the Department of Justice will continue to uphold the law and protect our immigration system against those who seek to cheat the United States out of our greatest immigration benefit.”
Guillermo Oscar Mondino, 55, a native of Argentina, and Norma Borgono, aka Norma Isabel Borgono Bedoya, 63, a native of Peru, were convicted in 2010 and 2011, respectively, for conspiracy to defraud the United States and to commit mail fraud, in violation of 18 U.S.C. § 371. Mondino was also convicted of money laundering, in violation of 18 U.S.C. § 1957. As admitted in their criminal proceedings, Mondino owned an exporting company headquartered in Miami, Florida, which was in the business of purchasing U.S. goods on behalf of clients in the Caribbean, Central America, South America, and other foreign countries, and shipping those goods overseas. Mondino conspired with Borgono and others to obtain from the Ex-Im Bank more than $24 million in fraudulent loan transactions by falsifying records. Mondino and Borgono knew and intended that all or some of the goods identified on the applications they falsified would not be purchased and/or would not be shipped. They misappropriated $14.1 million in loan proceeds that were guaranteed by the Ex-Im Bank, including by distributing portions of the loans to foreign co-conspirators in cash. Mondino and Borgono admitted in their criminal proceedings that more than $12.9 million of the amounts Ex-Im Bank paid on claims for defaulted loans remained unrecovered.
After their fraudulent conspiracy was discovered, Mondino and Borgono were criminally charged in the U.S. District Court for the District of Columbia. Although Mondino and Borgono’s criminal conspiracy and crimes began while they were permanent residents of the United States, their criminal proceedings did not occur until after they had both naturalized. The civil denaturalization complaints allege that Mondino and Borgono concealed and affirmatively misrepresented their criminal conduct throughout their naturalization proceedings, and that their applications would have been denied had immigration authorities known about the defendants’ fraud.
The cases were investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS). The cases are being prosecuted by Trial Attorney Michael Celone of OIL-DCS, with support from Senior Attorney Gina Garrett-Jackson of ICE’s Miami Office of the Chief Counsel and Special Agent David Jansen of ICE-HSI Fort Lauderdale.
The claims made in these complaints are allegations only, and there have been no determinations of liability.
Justice Department Reaches Settlement with Minnesota Bank to Resolve Allegations of Lending DiscriminationRead the Press Release
The Justice Department today settled its suit against KleinBank, resolving allegations that the bank engaged in lending discrimination by “redlining” predominantly minority neighborhoods in and around the Twin Cities of Minneapolis-St. Paul, Minnesota. “Redlining” is a term describing the illegal practice in which lenders intentionally avoid providing services to individuals living in predominantly minority neighborhoods because of the race or national origin of the residents of those neighborhoods.
As part of the settlement, the parties have agreed to jointly seek dismissal of the lawsuit, which the Department filed in the U.S. District Court for the District of Minnesota in 2017. The Department’s complaint alleged that KleinBank violated the Fair Housing Act and the Equal Credit Opportunity Act, which prohibit financial institutions from discriminating on the basis of race and national origin in their mortgage lending services. The lawsuit alleged that, from 2010 to at least 2015, KleinBank engaged in unlawful redlining in the Twin Cities area by intentionally avoiding providing lending services to residents of predominantly minority neighborhoods because of the race or national origin of the people living in those neighborhoods.
KleinBank is the largest family-owned bank in Minnesota with 19 branch offices in the Minneapolis-St. Paul area and assets of more than $1.9 billion. Under the settlement, KleinBank will take a number of steps to remedy the harm alleged in the complaint and to ensure that its mortgage lending services are made available on a non-discriminatory basis. The bank will expand its banking services in predominantly minority neighborhoods in the Minneapolis area in a variety of ways. For example, it will invest $300,000 in a loan subsidy fund to increase the amount of credit that KleinBank extends to residents of predominantly minority neighborhoods, and another $300,000 in advertising, outreach, financial education, and credit repair in order to improve the bank’s visibility in, and successful expansion into, its new service area. The bank will employ a community development officer to oversee the development of the bank’s lending in predominantly minority neighborhoods, and will conduct fair lending training, including training on redlining, for its employees and officers.
“Federal law prohibits lenders from discriminating against mortgage applicants and other potential customers based on race or national origin,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Justice Department will continue to use its enforcement authority to combat this illegal discrimination.”
The Justice Department’s enforcement of fair lending laws is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section. The Attorney General’s annual reports to Congress on ECOA enforcement highlight the Department’s accomplishments in fair lending and are available at www.justice.gov/crt/publications/.
A copy of the complaint and the settlement agreement, as well as additional information about fair lending enforcement by the Justice Department, can be found on the Justice Department’s website at www.justice.gov/fairhousing.
Jury convicts two Cleveland men for armed robberies of Dollar Tree stores in ClevelandRead the Press Release
A jury convicted two Cleveland men for their roles in armed robberies of Dollar Tree stores in Cleveland in May and June 2016.
Williams Holmes, 22, and Demon Carter, 25, are scheduled to be sentenced on Aug. 15.
Holmes was convicted of brandishing a firearm during robberies of the Dollar Tree store at 12900 Miles Road on June 4 and at 2892 East 116th Street on June 19, as well as robbing the Miles Road store on May 14.
Carter was convicted of violating the Hobbs Act by robbing the stores with Holmes on the May 14 and June 4. Carter is a former Dollar Tree employee.
Holmes entered the Miles Road store on the evening of June 4, 2016, held a handgun to an employee’s head and told the employee to disarm the alarm. Holmes took approximately $1,500 from the store, according to court documents and trial testimony
One day after that robbery, Holmes posted a photo of himself on Facebook holding a stack of money in one hand and a handgun in the other. The next day he posted a photograph of several stacks of money, a black pistol and candy laying on a table. Holmes captioned the photo: “Money guns n snacks is life,” according to court documents and trial testimony.
U.S. Attorney Justin E. Herdman said: “People who use firearms to rob others who are shopping or working belong in prison. We will continue to target these violent predators and work together to make our community a safer place to live, work and play.
“ATF and CPD are laser-focused on removing violent criminals from the streets of Cleveland,” said Trevor Velinor, ATF’s Special Agent in Charge for the Columbus Field Division. “These individuals used firearms to threaten innocent employees and steal from people who worked long hours. ATF, CPD, and all of our law enforcement partners are united in sending a clear message that our community is tired of firearms violence.”
Cleveland Police Chief Calvin Williams said: “Once again, a partnered effort between local and federal law enforcement and the federal justice system has resulted in the successful conviction of violent offenders. It is my hope that this sets an example for other young people in our communities considering committing offenses like these, as there are severe consequences for these actions.”
This case is part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was prosecuted by Assistant U.S. Attorneys Carol M. Skutnik and Megan Miller following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cleveland Division of Police.
Jury Convicts KC Man of Child Sexual ObscenityRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man with a prior federal felony conviction for possessing child pornography was convicted at trial today of printing obscene images from a computer at a local public library.
David R. Buie, 63, of Kansas City, was found guilty of one count of possessing obscene images of the sexual abuse of children, contained in an Oct. 25, 2017, federal indictment.
Evidence introduced during the trial indicated that Buie printed images of child obscenity from a computer at a public library. On July 11, 2017, Buie printed about 50 pages from a computer he was using at the Mid-Continent Public Library at 9253 Blue Ridge Blvd., Kansas City, Mo. Buie didn’t realize that the printer stopped because it was out of toner, so his print jobs were interrupted and only about half of his pages were printed. After Buie left the library, the toner in the printer was changed and the remaining pages of his original print job were printed. As one of the librarians was cleaning up, she removed the remaining pages and observed they were color copies from a graphic sex comic.
Library staff contacted the Kansas City, Mo., Police Department to make a report. Buie was identified because his library card was associated with the print job. Security cameras within the library showed him using a computer at the time of the printing.
The U.S. Probation Office was also contacted, because Buie was on supervised release for a prior federal felony conviction for possessing child pornography. When probation officers searched Buie’s residence, they found the images of child obscenity that Buie had printed at the library. Buie told investigators that he visited various public libraries about once a week to view child obscenity anime. Buie said he often printed the images on the library’s printer.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for less than an hour before returning the guilty verdicts to U.S. District Judge Stephen R. Bough, ending a trial that began Monday, May 7, 2018.
Under federal statutes, Buie is subject to a mandatory minimum sentence of 10 years in federal prison without parole due to a prior felony conviction for possessing child pornography, up to a sentence of 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Teresa Moore. It was investigated by the Kansas City, Mo., Police Department and the U.S. Probation Office.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Johnstown Man Charged with Violating Federal Drug and Gun LawsRead the Press Release
JOHNSTOWN, Pa. – A Cambria County resident was indicted by a federal grand jury in Johnstown on charge of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
The indictment named Clarence M. Cosby, 36, of Johnstown, Pa.
According to the indictment presented to the court, on July 5, 2017, Cosby distributed less than 28 grams of cocaine base, commonly known as "crack," and on Oct. 6, 2017, he was found in possession of a loaded Remington Model RM-380, .380 caliber semi-automatic pistol. On Jan. 29, 2016, Cosby was convicted in Bedford Co., Pa., of drug trafficking, which is a crime punishable by imprisonment for a term exceeding one year. Federal law prohibits persons who have been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing firearms.
The law provides for a maximum sentence of 30 years in prison and a fine of $1,250,000 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.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force conducted the investigation that led to the prosecution of Cosby.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Johnstown Man Charged with Distributing Heroin on Two Occasions in March 2018Read the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa., was indicted by a federal grand jury in Johnstown on a charges of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
The indictment named Willie Gene Gulley, Jr., 49, as the sole defendant.
According to the indictment presented to the court, on each of the dates of March 1 and March 20, 2018, Gulley distributed less than 100 grams of heroin.
The law provides for a maximum sentence of 40 years in prison and a fine of $2,000,000 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.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force conducted the investigation that led to the prosecution of Gulley.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Jackson Man Pleads Guilty under Project EJECT to Illegally Possessing and Discharging a Firearm During Robbery of Waffle HouseRead the Press Release
Jackson, Miss. – Nicholas Thames, 20, of Jackson, pled guilty today before United States Chief District Judge Daniel P. Jordan III to being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Christopher Freeze, Special Agent in Charge of the Federal Bureau of Investigation.
On October 27, 2017, Jackson Police Department officers responded to the Waffle House restaurant located at 584 Beasley Road in reference to an armed robbery of a business. Employees advised that Thames had come into the restaurant about an hour earlier to eat and returned with a red bandana covering his mouth and brandishing a firearm. Thames demanded money from the clerk and fired one shot before pointing the gun at the clerk as she handed him all of the money in the register. Thames then ran out of the store. Store employees were able to provide a description to Jackson Police Department officers who found Thames in the area, wearing the same clothes described by the employees, including the red bandana he used to cover his face.
Thames was arrested and officers found a large sum of money and a black handgun on his person. Officers also found several other items that the defendant admitted taking from a vehicle that he had broken into in the area.
Thames is scheduled to be sentenced by Judge Jordan on August 7, 2018, and faces a minimum sentence of 10 years and a maximum sentence of life in federal prison and a $250,000 fine.
U.S. Attorney Hurst commended the work of the Jackson Police Department and their cooperation with FBI agents and Project EJECT task force members. AUSA Abe McGlothin, Jr. is prosecuting the case.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime in Jackson through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Jackson Expel Crime Together." PSN is 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.
Groton Man Pleads Guilty to Selling Narcotics to Overdose VictimRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ULPIANO LUGO, 37, of Groton, waived his right to be indicted and pleaded guilty today before Senior U.S. District Judge Alfred V. Covello in Hartford to one count of distribution of heroin and/or cocaine.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, on April 22, 2017, at approximately 7:37 p.m., Groton City Police and emergency medical personnel responded to a residence in Groton and found an unresponsive 37-year-old male in the bedroom of the residence. The victim was pronounced deceased at the scene. Officers collected from the bedroom one used syringe that was one-third full of an unknown liquid, a bent metal spoon with an off-white residue on the surface, one plastic bag with powder residue, and the victim’s cellphone.
Subsequent analysis of the powder residue revealed the presence of heroin and cocaine, and text messages from the victim’s cellphone confirmed that the victim had ordered narcotics from LUGO in the days before the victim’s death.
Judge Covello scheduled sentencing for August 1, 2018, at which time LUGO faces a maximum term of imprisonment of 20 years. LUGO is detained pending sentencing.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Task Force and the Groton City Police Department. The case is being prosecuted by Assistant U.S. Attorney Jocelyn Courtney Kaoutzanis.
Grand Jury Returns Tax Charges Against Celebrity Manager in Relation to OXYwater CaseRead the Press Release
COLUMBUS, Ohio – A federal grand jury has charged Kevin R. Foster, 42, of Montclair, N.J. with charges related to a fraud scheme in a second superseding indictment returned here today.
Foster was charged in an original, seven-count indictment in July 2016. A superseding indictment containing 10 counts – including additional wire fraud, money laundering and bankruptcy fraud charges – as well as a second victim, was returned in November 2017. Today’s second superseding indictment adds six more charges – two counts of tax evasion and four counts of filing a false tax return.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Richard E. Zuckerman, Principal Deputy Assistant Attorney General, Tax Division, Ryan L. Korner, Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the new charges.
This case stems from the prior prosecution of Thomas E. Jackson and Preston J. Harrison, who collected approximately $9 million from investors under false pretenses to start and market the sports beverage “OXYwater” through their company, Imperial Integrative Health Research and Development (“Imperial”). The two were convicted by a federal jury in March 2015 of multiple wire fraud, money laundering and tax fraud charges.
The original charges against Foster allege that he, as the principal of his management/accounting firm, Foster & Firm, Inc., and as business manager for Shaffer Smith (“Ne-Yo”), induced Smith to invest $2 million into OXYwater under false representations. Unbeknownst to Smith, Foster allegedly invested an additional $1.5 million of Smith’s money into the product without his consent and fraudulently took out $1.4 million in lines of credit under Smith’s name by forging his signature.
The superseding indictment also alleges that Foster defrauded a second celebrity client, Brian McKnight, as a way to secure money to help keep Imperial solvent.
McKnight agreed to invest in the company, not knowing that Foster served as an officer/controller of Imperial. Foster allegedly withdrew more money from McKnight’s account than he had authorized, and transferred some of it to one of Imperial’s business associates in order to help keep Imperial afloat.
The latest indictment alleges that Foster failed to report on his 2012 and 2013 tax returns the millions of dollars that he stole from Ne-Yo and McKnight. Foster also allegedly claimed millions of dollars in bogus deductions in order to further reduce his tax liability.
U.S. Attorney Glassman and Principal Deputy Assistant Attorney General Zuckerman commended the investigation of this case by the IRS Criminal Investigation and FBI, and Assistant United States Attorney Jessica H. Kim and Department of Justice Tax Division Trial Attorney Jason M. Scheff, who are prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
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Four Plead Guilty in Multi-State Drug, Money-Laundering ConspiracyRead the Press Release
PENSACOLA, FLORIDA – Aaron M. Booker, 26, Joseph F. Booker Jr., 28, and Kaishawndra Lyons, 25, all of Pensacola, and Uy Nguyen, 34, of Vallejo, California, have pled guilty to charges arising from a multi-state drug and money laundering conspiracy. The guilty pleas were announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
Nguyen and the Booker Brothers pled guilty to conspiracy to distribute controlled substances. All four defendants pled guilty to conspiracy to commit money laundering. In addition to the money laundering conspiracy, Lyons also pled guilty to making false statements to federal agents.
Since 2015, federal, state and local law enforcement agencies have been investigating a multi-state drug trafficking and money laundering organization operating in Pensacola, Northern California, and elsewhere. The investigation disclosed that between February 2015, and December 2017, Nguyen shipped packages of cocaine and marijuana from California to the Booker Brothers in Pensacola. Using hidden social media, Nguyen sent his co-conspirators photographs of drug invoices and pictures of packages of cocaine and marijuana that he was shipping from California to Pensacola. Postal records show that the Booker Brothers and Lyons mailed more than two dozen currency-filled packages back to Nguyen as payment for the drugs. During the course of the investigation, law enforcement officers intercepted multiple packages of drugs that Nguyen shipped to his co-conspirators. Bank records revealed that the Booker Brothers and Lyons laundered drug monies by depositing proceeds from the sale of the marijuana and cocaine into bank accounts Nguyen opened in California.
In December 2017, law enforcement officers searched Nguyen’s residence and vehicle in northern California and located multiple kilograms of marijuana and a receipt for a newly mailed parcel heading to Pensacola. When law enforcement officers searched the Lyons/Booker residence, Aaron Booker’s cellular device was logged into the social media account that included drug invoices and mailing information for Nguyen. One of the images depicting mailing information was actually the receipt investigators recovered from Nguyen's vehicle at the time of his arrest. This parcel was intercepted by law enforcement officers and contained multiple pounds of marijuana. The search of the Lyons/Booker residence in Pensacola revealed over $300,000 in United States currency as well as over $300,000 in jewelry and high end clothing.
Based upon the drug invoices, law enforcement officers determined this conspiracy involved 250 kilograms of marijuana and more than 5 kilograms of cocaine. The conspirators laundered over a quarter million dollars through bank accounts and jewelry stores between Pensacola, Northern California, and other locations in the United States.
The defendants face 10 years to life in prison for the drug trafficking conspiracy and a maximum of 20 years in prison for the money laundering conspiracy. Lyons faces a maximum of 5 years in prison for making false statements.
Nguyen’s sentencing is scheduled for June 27, 2018. The sentencing for Aaron Booker is scheduled for July 17, 2018. Joseph Booker and Lyons will be sentenced on July 24, 2018.
This case resulted from an investigation by the Internal Revenue Service – Criminal Investigation, the Drug Enforcement Administration, the United States Postal Inspection Service, the Pensacola Police Department, the State Attorney’s Office – First Judicial Circuit, the U.S. Marshals Service, and the Gulf Coast High Intensity Drug Trafficking Area (HIDTA) program. Assistant United States Attorney David L. Goldberg is prosecuting the case.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Fort Wayne Man Sentenced to 108 Months ImprisonmentRead the Press Release
FORT WAYNE – Michael Howard, 54, of Fort Wayne, Indiana, was sentenced before Chief Judge Theresa L. Springmann on his plea of possession of methamphetamine with intent to distribute, announced U.S. Attorney Thomas L. Kirsch II.
Howard was sentenced to 108 months imprisonment followed by 1 year of supervised release.
According to documents in this case, in April 2016 Howard distributed methamphetamine to a confidential source. In May of 2016, police went to arrest Howard for the April deal and discovered over 1200 grams of methamphetamine in his backpack.
This case was investigated by the Drug Enforcement Administration and the Fort Wayne Police Department. This case was handled by Assistant U.S. Attorney Anthony Geller.
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