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14 June 2018
Heroin Dealer Convicted at Trial will Spend Nearly 29 Years in Federal PrisonRead the Press Release
PITTSBURGH, PA - A resident of the Monessen, Donora, and West Mifflin areas of Western Pennsylvania, has been sentenced in federal court to a total of 345 months of incarceration on his conviction of federal drug charges, United States Attorney Scott W. Brady announced today.
United States District Judges Arthur J. Schwab and David S. Cercone imposed sentences yesterday on Maurice Kenneth Frezzell aka "Reece", age 35. Judge Schwab imposed a sentence of 327 months on Frezzell as a result of his recent conviction at trial for selling two "bricks" of heroin, containing a total of 1.784 grams of heroin, to a confidential informant. A "brick" is a street term for 50 stamp bags of heroin or other opiates. Judge Cercone added an additional 18 months of incarceration for committing the crimes while on federal supervison.
U.S. Attorney Brady said, "Maurice Frezzell is a career criminal and one of the most significant heroin and fentanyl dealers in Washington County. He and his drug organization are responsible for overdose deaths throughout the county, and the people of Washington County are safer today now that he is behind bars. The United States Attorney’s Office is committed to prosecuting heroin and fentanyl dealers like Frezzell – through the Opioid Strike Force - to the fullest extent of the law."
During the sentencing hearing, the government presented evidence that Frezzell was a much larger heroin dealer than the modest drug buy would indicate. Testimony of DEA Task Force Officer Charles Tenny, who is also a Detective Sergeant with the Canonsburg Police Department, indicated that Frezzell was identified by the federal investigation as one of the highest-ranking members of the drug trafficking organization that has plagued Western Pennsylvania, and Washington County more specifically, in recent years. The federal investigation began in August of 2015 when large numbers of individuals began overdosing on high quality heroin and the much more deadly synthetic opiate fentanyl. Many of those people succumbed from the use of drugs packaged in stamp bags marked "Made in Columbia."
The government’s evidence implicated Frezzell as the source of drugs that have caused multiple overdoses investigated by the federal government. Charts submitted as evidence at the sentencing showed that in 2014, when Frezzell was serving his prior federal sentence for drug dealing, there were 1.77 overdose deaths per 100,000 people in Washington County. In 2016, after Frezzell was released on supervision, the number jumped from 1.77 to 51 per 100,000 residents. The Washington County Coroner’s Office supplied statistics showing that a total of 62 people had died of overdoses in the 10 years between 1992 and 2002, for an average of six people per year. That number was 73 in 2015 alone, and increased to 109 in 2016. A map of the Washington County locations where the victims overdosed showed that the majority of the deaths were within five miles of locations associated with Frezzell.
According to evidence presented to the Court, Frezzell began his criminal career when he was only 12 years and 3 months old and sexually assaulted a female victim twice in the same day. His second arrest occurred days later when he was arrested with crack cocaine. The government noted that Frezzell was sentenced during his multiple juvenile cases to penalties which include: curfew, probation, house arrest, electronic home monitoring, Agape Day Treatment, Glen Mills School for Boys, Mel Blount Youth Home, Vision Quest Boot and Hat Camp, and ultimately, Abraxas. The defendant was still on juvenile probation when he committed his first adult crime at the age of 18, when he was intoxicated and fled police with a concealed handgun with the serial number obliterated. Overall, the defendant has had 23 arrests during the 23 years between his first crime and his current conviction. Frezzell has spent essentially the entire 23 year time from the age of 12 either: pending trial; in jail; on supervision; and/or wanted for crimes. Frezzell is pending additional felony drug charges as a result of federal authorities executing a search warrant and locating approximately two pounds of marijuana, multiple vials of injectable steroids, several methamphetamine tablets and an amount of the highly concentrated form of THC commonly called "wax" or "shatter" at his residence.
Since Frezzell committed his new crimes while being supervised by the United States Probation Office after serving 80 months in federal prison for his last drug trafficking crime, Judge Cercone sentenced Frezzell to an additional consecutive period of 18 months incarceration for violating his federal supervision.
Prior to imposing sentence, Judge Schwab noted that the defendant had a "significant criminal history," called the defendant a "Career Offender" and stated that the sentence was "sufficient, but not greater than necessary."
Assistant United States Attorney Ross E. Lenhardt, a veteran federal prosecutor with the Violent Crime and Major Crime Sections of the United States Attorney’s Office, prosecuted this case on behalf of the government.
A group of law enforcement officers from the DEA, the Monessen Police Department, the Canonsburg Police Department, the Pennsylvania Office of the Attorney General, the Pennsylvania State Police, the Washington County District Attorney’s Office, the Washington County Sheriff’s Office and the IRS conducted the investigation that led to the arrest and conviction of Frezzell. United States Attorney Brady commended the officers, agents, and detectives for the investigation leading to the successful prosecution of Frezzell.
Henderson Man Sentenced to 36 Months in Federal Prison for Felon in Possession of a Firearm CaseRead the Press Release
RALEIGH - United States Attorney Robert J. Higdon, Jr. announced that today, LAJOHN CHAMPION, 28, of Henderson, North Carolina was sentenced by Chief United States District Judge James C. Dever, III to 36 months imprisonment followed by 3 years’ supervised release.
CHAMPION was named in an Indictment on November 29, 2017. On March 5, 2018, CHAMPION pled guilty to Possession of a Firearm by a Felon.
On November 17, 2017, members of the Henderson Police Department received information that CHAMPION, a previously convicted felon, was in possession of a firearm and operating a vehicle located at a gas station in Henderson.
Officers responded to the A & A Food Mart in Henderson and observed CHAMPION driving a Honda Accord. Officers, knowing CHAMPION did not possess a valid driver’s license, conducted a traffic stop of the vehicle as it turned into the driveway of a residence in Henderson. As the vehicle came to a stop, CHAMPION fled from the driver’s seat of the vehicle carrying a book bag. Officers pursued CHAMPION and, after searching the area, located CHAMPION coming out of a wooded area. CHAMPION was no longer in possession of a book bag.
In response to the foot chase, a K9 unit responded to the scene and located the book bag near a nearby residence. A search of the book bag revealed a loaded 9mm pistol. CHAMPION was arrested and transported to the Henderson Police Department. CHAMPION acknowledged the firearm belonged to him.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
Investigation of this case was conducted by the Henderson Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney S. Katherine Burnette prosecuted this case.
Hanahan Man Pleads Guilty to Being a Felon in Possession of Firearms and AmmunitionRead the Press Release
Charleston, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Justin Michael Hannah, age 38, of Hanahan, South Carolina has entered a guilty plea in federal court in Charleston, to being a felon in possession of firearms and ammunition, a violation of 18 U.S.C. § 922(g). United States District Judge Richard M. Gergel of Charleston accepted the guilty plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that on August 21, 2017, police officers responding to a 911 call regarding suspicious behavior at a North Charleston gas station discovered two firearms in a vehicle operated by Hannah. At the time of his arrest, Hannah had one or more felony convictions. North Charleston Police believe that they may have interrupted preparations for a robbery.
Ms. Lydon stated the maximum penalty for felon in possession of firearms and ammunition is imprisonment for 10 years and/or a fine of $250,000.
The case was investigated by agents of the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) and officers of the North Charleston Police Department.
The case was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney Chris Schoen of the Charleston office is prosecuting the case.
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Guatemalan National Pleads Guilty to Illegal ReentryRead the Press Release
U.S. Attorney Duane A. Evans announced that FERNANDO PEREZ-YOK, age 26, a citizen of Guatemala, pleaded guilty to a one-count bill of information with illegal reentry of a removed alien, in violation of 8 U.S.C. ' 1326(a).
According to the bill of information, FERNANDO PEREZ-YOK reentered the United States on or about March 8, 2018, after having been previously removed therefrom on or about May 29, 2012.
If convicted, FERNANDO PEREZ-YOK faces a maximum term of imprisonment of two years, a fine of up to $250,000.00, one year supervised release after imprisonment, and a $100 special assessment. U.S. District Judge Carl J. Barbier set sentencing for August 2, 2018.
The United States Department of Homeland Security, Immigration and Customs Enforcement in investigated this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Guatemalan Man Pleads Guilty for Cocaine Distribution ConspiracyRead the Press Release
RICHMOND, Va. – A Guatemalan national pleaded guilty today for conspiring to distribute over five kilograms of cocaine knowing and intending that it would be unlawfully imported into the United States.
According to court documents, Brayan Alexander Gramajo Jolomna, 31, was a member of a large-scale international drug trafficking organization (DTO) based in Central America. Between June 2015 and June 2016, Gramajo assisted in the purchase and transportation of cocaine on behalf of the DTO. Specifically, Gramajo kept inventory records for the DTO documenting the transportation of thousands of kilograms of cocaine from parts of Guatemala to the Mexican border, with intent to import the drugs into the United States. In addition, Gramajo assisted in the construction of a self-propelled semi-submersible vessel, the maritime pickup of large amounts of cocaine off the Guatemalan coast, and the transportation of various amounts of cocaine via land routes throughout Central America. In May 2016, Gramajo, along with other co-conspirators, participated in a search and rescue recovery effort of approximately 500 kilograms of cocaine lost at sea by the DTO off the Pacific coast of Guatemala.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) Operation Go Explorers. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Gramajo pleaded guilty to conspiracy to distribute cocaine for the purpose of importation into the United States and faces a mandatory minimum of 10 years and a maximum of life in prison when sentenced on September 28. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Scott W. Hoernke, Acting Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after U.S. District Judge Henry E. Hudson accepted the plea. Assistant U.S. Attorneys Erik S. Siebert, Peter S. Duffey, and Heather H. Mansfield are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:16-cr-67.
Former employee of U.S. government contractor in Afghanistan sentenced to federal prison for accepting kickbacks from subcontractorRead the Press Release
ATLANTA - A former employee of a U.S. government contractor in Afghanistan was sentenced today for accepting illegal kickbacks from an Afghan subcontractor in return for his assistance in obtaining subcontracts on U.S. government contracts.
U.S. Attorney Byung J. “BJay” Pak of the Northern District of Georgia; Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division; Special Agent in Charge John Khin of the Defense Criminal Investigative Service’s (DCIS) Southeast Field Office, Atlanta Resident Agency; Special Agent in Charge Robert E. Craig of DCIS’ Mid-Atlantic Field Office; Special Inspector General for Afghanistan Reconstruction (SIGAR) John F. Sopko; Director Frank Robey of the U.S. Army Criminal Investigation Command’s (CID) Major Procurement Fraud Unit (MPFU); Acting Special Agent in Charge J.C. Hacker of the FBI Atlanta Resident Agency and Special Agent in Charge Wendell W. Palmer of Air Force Office of Special Investigations (OSI), made the announcement.
Christopher McCray, 55, of Jonesboro, Georgia and Chattanooga, Tennessee, was sentenced in Atlanta by U.S. District Judge Mark H. Cohen of the Northern District of Georgia to five months in federal prison, with five months home detention, three years of supervised release, and 200 hours of community service. McCray pleaded guilty to one count of accepting illegal kickbacks on March 5, 2018. He was charged in an indictment filed on April 25, 2017 in the Northern District of Georgia with one count of conspiracy to accept kickbacks and 14 counts of accepting illegal kickbacks.
As part of his plea, McCray admitted that he was employed as the country manager for a subcontractor of an American company that was moving cargo for the Army and Air Force Exchange Service from Bagram Airfield to military bases through Afghanistan. When the prime contractor needed McCray’s employer to take a much bigger role in the distribution, McCray had the chance to influence the choice of the necessary Afghan trucking company as a subcontractor to his employer. McCray’s employer entered into a subcontract with an Afghan company but before the choice of the subcontractor was made, the Afghan trucking company secretly agreed to kick back to McCray 15 percent of the revenues it would receive on the contract, he admitted. McCray thereafter remained as the only representative of his employer in Afghanistan for the duration of the subcontract and was responsible for checking the accuracy of the invoices submitted to McCray’s employer and the quality of the Afghan company’s work, all while secretly receiving the kickbacks, he admitted.
McCray received the secret payments from December 2012 to May 2014. He and the Afghan trucking company also maintained a separate set of invoices, which showed the amounts charged to McCray’s employer and the amounts kept by the Afghan company and the amounts sent to McCray. McCray was first paid in cash, then by wires sent to his bank in Atlanta and then by Western Union payments sent to his mother, who would deposit the funds, mostly in cash, into McCray’s bank accounts, he admitted.
DCIS, SIGAR, Army CID-MPFU, the FBI and Air Force OSI investigated this matter. Trial Attorney James Gelber of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Brian Pearce of the Northern District of Georgia prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former State Trooper Pleads Guilty to CyberstalkingRead the Press Release
COLUMBUS, Ohio –William P. Elschlager, 49, of Marietta, Ohio, pleaded guilty in U.S. District Court today to cyberstalking.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, and Washington County Sheriff Larry R. Mincks, Sr. announced the plea entered into before U.S. District Judge Michael H. Watson.
Elschlager was employed with the Ohio State Highway Patrol for 19 years and served as post commander for the Marietta Post.
According to court documents, between November 2015 and January 2016, Elschlager placed a victim under surveillance with a GPS device on the victim’s vehicle with the intent to harass and intimidate the victim.
“Today in court Elschlager admitted that he made phone calls and sent text messages regarding the victim’s whereabouts and, at times, her specific location, causing substantial emotional distress to the victim,” U.S. Attorney Glassman said. “For example, he texted the victim while she was in a retail store in Vienna, W.Va. and told her she needed to be aware of her surroundings and watch who she was around.”
In January 2016, when law enforcement officers conducted a search of Elschlager’s residence and electronic devices, they discovered a real-time location tracking of the victim on Elschlager’s computer. He also had the GPS tracking software on his cell phone.
Elschlager was arrested by Washington County Sheriff’s Office deputies and indicted by a federal grand jury in May 2017.
Cyberstalking is a crime punishable by up to five years in prison.
U.S. Attorney Glassman commended the investigation of this case by the FBI and Washington County Sheriff’s Office, as well as Assistant United States Attorneys Jessica H. Kim and Kevin Kelley, who are prosecuting the case.
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Former Corrections Officer Sentenced for Attempting to Distribute MarijuanaRead the Press Release
ALBANY, NEW YORK – Brad Rushford, age 35, of Ellenburg Depot, New York, was sentenced today to one year and one day in prison for his role in attempting to distribute 120 pounds of marijuana, announced United States Attorney Grant C. Jaquith.
As part of his guilty plea, Rushford admitted to coordinating the delivery of a 120-pound load of marijuana in March 2011. Rushford provided a driver and scout cellphones to use in delivering the marijuana, but the marijuana was intercepted by law enforcement in Malone, New York. At the time, Rushford worked as a Corrections Officer with the New York State Department of Corrections and Community Supervision.
United States District Judge David N. Hurd also sentenced Rushford to a 4-year term of supervised release and to pay a $6,000 fine.
This case was investigated by the Department of Homeland Security, Homeland Security Investigations; Federal Bureau of Investigation; U.S. Customs and Border Protection; U.S. Coast Guard Investigative Service; New York State Department of Corrections and Community Supervision, Office of Special Investigations; New York State Police; and the St. Regis Mohawk Tribal Police. This case was prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Former Colorado Home Healthcare Business Owner Sentenced to Prison for Tax EvasionRead the Press Release
A former Colorado home healthcare business owner was sentenced to 24 months in prison for tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to documents and information provided to the court, Michelle Medina owned and operated RHHS Inc., also doing business as Reliable Home Health Services Inc., which provided home healthcare services in Colorado. From 2008 through 2011, Medina concealed hundreds of thousands of dollars in personal income by having RHHS Inc. directly pay her personal expenses. Medina did not inform her tax return preparer of this additional income and filed false individual income tax returns underreporting her income. Medina’s actions caused a tax loss of between $550,000 and $1.5 million.
In addition to the term of imprisonment, U.S. District Court Judge Philip A. Brimmer ordered Medina to serve three years of supervised release and to pay restitution to the Internal Revenue Service in the amount of $841,327.00.
Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Trial Attorney Kathleen M. Barry of the Tax Division, who prosecuted the case.
Former Brockport Kindergarten Teacher Sentenced to 13 Years in Federal Prison on Child Pornography ChargeRead 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 Roland Yockel, II, 31, of Hilton NY, who was convicted of receipt of child pornography, was sentenced to serve 156 months in federal prison and 15 years of supervised release by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay $7,200 in restitution to victims and he will have to register as a sex offender upon his release from prison.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that Yockel was employed as a full time Kindergarten teacher in the Brockport Central School District and also held positions with the Town of Hamlin Recreation Department as a summer youth camp counselor, program assistant, health director, and camp coordinator. The defendant traded, received, and possessed approximately 6,000 images and videos of child pornography, including child pornography that depicted the sexual abuse of infants and toddlers.
In July 2017, the defendant was identified by Homeland Security Investigation (HSI) Special Agents in Phoenix involved in an ongoing child pornography probe with investigators from New Zealand. That investigation identified individuals who utilized the Internet based application “Chatstep.com” to receive and distribute child pornography.
On November 21, 2017, during the execution of a search warrant at Yockel’s Hilton home, Homeland Security Agents seized multiple devices from the defendant’s bedroom, which were later analyzed and found to contain recovered approximately 5,500 images and 247 videos of child pornography. Agents further discovered that Yockel engaged in online chats with other individuals trading child pornography in which the defendant pretended to be the father of two prepubescent girls. In those conversations, Yockel offered to allow other child pornographers to have sex with his supposed daughters, and talked about having sex with the other individuals’ children.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major Richard Allen, and the Bivona Child Advocacy Center, under the direction of Executive Director Deb Rosen.
Federal Prison Employee Guilty of Defrauding Inmate FamiliesRead the Press Release
BEAUMONT, Texas – A 43-year-old Beaumont, Texas woman has pleaded guilty for her part in a conspiracy targeting federal inmates and their families in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Tanya L. Richard pleaded guilty to conspiracy to commit wire fraud today before U.S. Magistrate Judge Keith F. Giblin.
According to information presented in court, while employed as an administrative employee of the Federal Correctional Complex in Beaumont, Richard was involved in a wide-spread fraud scheme targeting the families of federal inmates. Six persons, some of whom were former federal inmates, pleaded guilty to a similar charge last year in the same scheme and are currently serving federal prison sentences for their involvement. The nationwide, six-year scheme defrauded the relatives of federal inmates by falsely representing that they could obtain reductions in their relatives’ sentences in exchange for the payment of cash and wire transfers of funds. The payments were falsely represented to be for the payment for a network of confidential informants who would make undercover drug transactions under the direction of the courts and prosecutors which would allow the incarcerated inmates to ask the court for reductions of sentences for providing substantial assistance to the government under the Federal Rules of Criminal Procedure. In reality, the money was spent for the personal benefit of the defendants and there was never any network of informants or undercover transactions. Federal inmates do not have to pay for substantial assistance motions for reductions of sentences which normally only require information to be provided by such inmates against co-defendants as well as trial testimony.
Richard’s role in the scheme included obtaining confidential information from federal court presentence reports of inmates and drafting false cooperation agreements for inmate families that appeared to be from federal prosecutors and U.S. Attorneys. Richard is a former common-law spouse of Alvin James Warrick who pleaded guilty to a similar charge in the scheme last year. The scheme resulted in losses to inmate families from across the nation of over $4 million dollars. Richard was placed on administrative leave from her position at the federal prison after her indictment in April 2018.
Under federal statutes, Richard faces up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation; Department of Justice, Office of Inspector General; U.S. Marshals Service; Houston Police Department-Major Offenders Division; U.S. Attorney’s Offices in the Eastern District of Texas and Southern District of Florida. This case is being prosecuted by Assistant U.S. Attorney Robert L. Rawls.
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Federal Jury Finds Greenville Felon Guilty in Firearm TrialRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri Lydon announced today that a jury returned a guilty verdict following a trial in federal court in Anderson, South Carolina on Tuesday. The jury found Zee Zee Zelazurro, age 37, of Greenville, guilty of possessing a firearm after having been convicted of a felony and a misdemeanor crime of domestic violence, in violation of 18 U.S.C. § 922(g). The trial was held before United States District Judge Timothy M. Cain of Anderson, South Carolina. Judge Cain will impose a sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office. Zelazurro may face up to life in prison and remains in custody.
Evidence presented by the government at trial established that, on May 2, 2017, officers of the Greenville Police Department responded to 911 calls regarding a shooting and other disturbances in the area of 100 Pelham Road. Officers encountered Zelazurro, who refused to comply with their instructions and pointed a black semi-automatic handgun at them. Officers took cover, and a standoff ensued. After a half an hour, officers were able to deescalate the situation, and Zelazurro was taken into custody. A .40 caliber Taurus semi-automatic handgun, which had been purchased by Zelazurro’s former girlfriend, was recovered from the scene. Zelazurro has prior convictions for Accessory after the Fact to Armed Robbery, Assault and Battery of a High and Aggravated Nature, Felon in Possession of a Firearm, Assault on a Federal Officer, and a misdemeanor crime of domestic violence.
Zelazurro’s case was expedited for federal prosecution as part of Operation “Real Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the communities across South Carolina. “Real Time” is a working collaboration between local, state, and federal law enforcement as well as state and federal prosecutors. Since August of 2015, the initiative has resulted in the expedited federal prosecution of over 150 defendants and seizure of over 200 firearms as well as assorted ammunition from prohibited persons in the upstate.
“We are grateful to the U.S. Attorney’s Office and the ATF for the successful prosecution of Zelazurro,” said Captain Howie Thompson of the Greenville Police Department Investigation Division. “I also commend the officers involved in Zelazurro’s arrest in 2017; their response, tactics, and teamwork resulted in Zelazurro’s peaceful surrender and minimized the threat to those living nearby. I can’t say enough about the collective efforts of the officers, investigators, and forensics personnel who provided prosecutors with the necessary evidence and support needed to reach this just verdict.”
“ATF is actively committed to investigating and apprehending criminals who illegally acquire and use firearms to commit violent crimes. We will continue to work with our law enforcement partners and prosecutors in the upstate area to keep our communities safe,” said ATF Charlotte Field Division, Special Agent in Charge Wayne L. Dixie, Jr..
“Operation Real Time identifies armed repeat offenders in our communities and takes them off the streets,” said U.S. Attorney Sherri Lydon. “Convicted felons who continue to carry and use firearms need to know we are determined in our resolve to disarm and prosecute them to the fullest extent of the law.”
The case was investigated by the Greenville Police Department, the Greenville County Forensic Division, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Jamie Schoen prosecuted the case.
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Federal Grand Jury IndictmentsRead the Press Release
United States Attorney Sherri A. Lydon stated today that a Federal Grand Jury in Greenville, South Carolina, returned Indictments against the following:
Reboot Owners and Employees Indicted on Conspiracy to Defraud and Obtain Money and Property. Jonathan E. Field, age 40, of Mauldin, South Carolina; Jacob D. Brandt, age 38, of Lawrenceville, Georgia; Joshua M. Watson, age 34, of Liberty, South Carolina; Michael G. Lyles, age 21, of Fountain Inn, South Carolina; Bryan F.C. Schroeder, age 23, of Cottonwood, Arizona; Kenneth C. Carnes, age 25, of Taylors, South Carolina; Danny L. Rainey, age 32, of Taylors, South Carolina; Larry D. Sample, age 39, of Brevard, North Carolina; Charles C.O. Matt, age 40, of Greenville, South Carolina; Richard A. Bolt, age 52, of Piedmont, South Carolina; Adriana R. Martinez, age 35, of Boiling Springs, South Carolina; Corey J. Haentjens, age 32, of Greenville, South Carolina; Justin Brock Rainey, age 30, of Taylors, South Carolina; Shena J. Field, age 40, of Mauldin, South Carolina; and Tara A. Kennedy, age 41, of Easley, South Carolina, were charged in a 1-count indictment. All 15 defendants were charged with Conspiracy to Commit Wire and Mail Fraud, a violation of Title 18, United States Code, Section 1349. The maximum penalty all defendants could receive is 20 years imprisonment and a maximum fine of $250,000. The case was investigated by agents of the United States Secret Service and is assigned to Assistant United States Attorney William J. Watkins, Jr., of the Greenville office for prosecution.
Pickens Resident Indicted on Possession of Child Pornography. Jeffrey L. Harris, age 32, of Pickens, South Carolina, was charged in a 1-count indictment with Possession of Child Pornography, a violation of Title 18, United States Code, Section 2252A(a)(5)(B). The maximum penalty Harris could receive is 20 years imprisonment and a maximum fine of $250,000. The case was investigated by agents of the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) and is assigned to Assistant United States Attorney William J. Watkins, Jr., of the Greenville office for prosecution.
This case is being brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, 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 identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
The United States Attorney stated that all charges in these indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Fayetteville Man Sentenced for Firearm ChargeRead 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 JAVION SCOTT, 27, of Fayetteville, North Carolina to 78 months of imprisonment followed by 3 years of supervised release.
SCOTT was named in an Indictment on April 24, 2017. On March 12, 2018, SCOTT pled guilty to one-count of Possession of a Firearm by a Felon.
On March 29, 2017, officers with the Fayetteville Police Department, Cumberland County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Cumberland County Probation and Parole office in Fayetteville, conducted a warrantless search at the residence of SCOTT, who was subject to post-release supervision conditions due to prior felony convictions, including Second Degree Sexual Offense. The officers knocked on the door at 7:20 a.m., and it took several minutes for SCOTT to answer the door. Investigators determined that SCOTT’s girlfriend threw two semi-automatic pistols, ammunition, a loaded large capacity magazine, a loaded magazine, an unloaded magazine, and an unspecified amount of marijuana over the balcony. The firearms were kept in SCOTT’s bedroom. Investigation revealed that one of the firearms was reported stolen in Sampson County, on August 20, 2013. Investigators recovered a third pistol and 35 grams of marijuana in SCOTT’S vehicle.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Fayetteville Police Department, Cumberland County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Cumberland County Probation and Parole Office in Fayetteville conducted the criminal investigation of this case. Assistant United States Attorney James J. Kurosad handled the prosecution of this case for the government.
Exeter Man Sentenced to Six Months of Home Detention for Making False Statements to Obtain Social Security BenefitsRead the Press Release
CONCORD – Brett Gessay, 55, of Exeter, was sentenced to six months of home detention and two years of probation and was ordered to pay full restitution to the Social Security Administration for making a false statement in order to obtain Social Security benefits, announced United States Attorney Scott W. Murray.
According to public records in the case, Gessay began receiving Social Security disability benefits in January 2007. Beginning in at least January of 2008, Gessay was self-employed as a construction worker. His income from this job rendered him ineligible to get most of the Social Security disability benefits that he received while he was self-employed. Gessay did not report this work activity to the Social Security Administration (SSA), and concealed his self-employment and self-employment income from the SSA. In mid-2016, Gessay admitted to investigators that he had concealed his work and income from the SSA in order to continue receiving disability benefits. As a result of his concealment, Gessay received over $48,000 in disability benefits that he was not entitled to receive.
“Federal benefit programs exist for those who truly need them,” said U.S. Attorney Murray. “Those who use fraud to cheat the system are defrauding federal taxpayers and undermining the integrity of the system. We will continue to work with our law enforcement partners to identify and prosecute those who seek to defraud federal benefit programs.”
Special Agent in Charge Scott Antolik from the SSA Office of the Inspector General said, “This sentencing should serve as a warning to people who choose to selfishly defraud Social Security’s disability programs. We would also like to thank the New Hampshire Department of Health and Human Services, Special Investigations Unit for its assistance with this investigation. I strongly encourage the public to report suspected instances of Social Security fraud to the OIG’s Fraud Hotline at 1-800-269-0271 or https://oig.ssa.gov/report.”
The case was investigated by the Social Security Administration’s Office of the Inspector General, New Hampshire Department of Health and Human Services, Special Investigations Unit, and prosecuted by Special Assistant United States Attorneys Matthew T. Hunter and Karen B. Burzycki.
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Enforcer for Large Scale Drug Trafficking Organization Sentenced to 30 Years in PrisonRead the Press Release
United States Attorney Brandon J. Fremin announced today that U.S. District Judge Shelly D. Dick sentenced COLIN KNOX, age 39, of Baton Rouge, Louisiana, to 30 years in prison. The defendant was convicted on all charges related to his role as a member of a large-scale and violent drug trafficking organization following a six-day jury trial in March.
The evidence at trial demonstrated that KNOX’s role in the organization was as an enforcer who used violence and threats of violence to protect Kelly Williams and the drug trafficking organization. On at least two occasions, KNOX attempted to obtain firearms and an untraceable vehicle to locate and harm others that were involved in disputes with Williams.
KNOX was the final defendant of 38 defendants convicted in Operation Third World, an extensive investigation that dismantled a violent drug trafficking network primarily operating out of Baton Rouge and Ascension Parish. His co-defendant, Demitoris Alexander, was sentenced to life imprisonment on June 7, 2018.
KNOX is currently serving a 10-year sentence for a 2015 conviction for possession of a firearm by a convicted felon, which was prosecuted in the U.S. District Court for the Middle District of Louisiana. At the time that KNOX committed the offense, he was still under supervision after serving a 96-month sentence, imposed in the same court, for a 2004 conviction for possession of a firearm by a convicted felon.
United States Attorney Brandon J. Fremin stated, “This 30 year sentence turns last page in the final chapter of a career of violence and drug peddling for Mr. Knox. East Baton Rouge, Ascension, and the surrounding communities are better for it. I salute the outstanding efforts of the numerous federal, state and local law enforcement agencies who joined forces yet again to effectively combat a violent drug trafficking organization. Special thanks for the hard work and dedication of our prosecutors who spent countless hours in this extremely important matter.”
“The sentencing today of Collin Knox sends a clear message to all who engage in the distribution of illegal drugs and to those who plague our neighborhoods with violence that we will work together to see that you are brought to justice. Federal and local law enforcement successfully collaborated in order to put Knox in federal prison for 30 years as a result of his involvement with a violent drug trafficking organization in Baton Rouge,” said Drug Enforcement Administration (DEA) Assistant Special Agent-in-Charge Brad L. Byerley.
The investigation is another effort by the Organized Crime Drug Enforcement Task Force (OCDETF) Program, which was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. The OCDETF Program operates nationwide and combines the resources and unique expertise of numerous federal, state, and local agencies in a coordinated attack against major drug trafficking and money laundering organizations.
Operation Third World was handled by the U.S. Attorney’s Office, the U.S. Drug Enforcement Administration (DEA), the Internal Revenue Service-Criminal Investigations (IRS-CI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Baton Rouge City Police Department, the West Baton Rouge Parish Sheriff’s Office, the East Baton Rouge Parish Sheriff’s Office, the Ascension Parish Sheriff’s Office, the Louisiana State Police, the Iberville Parish Sheriff’s Office, the Livingston Parish Sheriff’s Office, the Gonzales Police Department, and the Baker Police Department. This matter was prosecuted by Assistant United States Attorney and Deputy Criminal Chief Jennifer Kleinpeter and Assistant United States Attorney Adam Ptashkin.
Elyria man sentenced to 25 years in prison for selling fentanyl and heroin that resulted in fatal overdose of Lorain County womanRead the Press Release
An Elyria man was sentenced to 25 years in federal prison for selling a mixture of fentanyl and heroin that resulted in the overdose death of a Lorain County woman.
Delante Lunn, 38, was convicted earlier this year of distribution of fentanyl and heroin. Lunn sold the drugs to a Wellington Village woman in February 2016. The woman died as a result of ingesting the drugs Lunn sold her, according to court documents and trial testimony.
This case was prosecuted by Assistant U.S. Attorneys Robert Corts and Vasile Katsaros following an investigation by the FBI and Elyria Police Department, with assistance from the Lorain County Prosecutor’s Office.
Elkhart Man Sentenced to 86 Months in PrisonRead the Press Release
SOUTH BEND – Eugene Troxell, age 46, of Elkhart, Indiana, was sentenced before South Bend District Court Judge Robert L. Miller, Jr. for being a felon in possession of firearms, announced U.S. Attorney Kirsch.
Troxell was sentenced to 86 months in prison followed by 2 years of supervised release.
According to documents in this case, Troxell sold two guns that had been stolen from a federally licensed firearms dealer. Troxell has twelve prior felony convictions in ten cases as well as nine misdemeanor convictions. His prior convictions include violent crimes and controlled substance offenses.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Middlebury Police Department and the Elkhart County Sheriff’s Department and was handled by Assistant U.S. Attorney Molly E. Donnelly.
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Eighth Circuit Court of Appeals Affirms Gun Smugglers’ SentencesRead the Press Release
The United States Court of Appeals for the Eighth Circuit this week affirmed the sentences of Ali Afif Al Herz, Bassem Afif Herz, and Sarah Majid Zeaiter.
The three defendants were sentenced in 2016 by United States District Court Judge Linda R. Reade to terms of imprisonment following their pleas of guilty to charges relating to their involvement in a scheme to unlawfully export more than 250 firearms to Lebanon between 2014 and 2015.
Ali Afif Al Herz was sentenced to serve 342 months’ imprisonment, to be followed by a three-year term of supervised release. He was also ordered to pay a fine of $150,000. Bassem Afif Herz was sentenced to serve 97 months’ imprisonment, to be followed by a three-year term of supervised release. Bassem’s wife, Sarah Majid Zeaiter was sentenced to serve 87 months’ imprisonment, to be followed by a three-year term of supervised release.
In the decision issued on June 11, 2018, the Court of Appeals affirmed the district court’s sentencing findings and determined the sentences were reasonable. Notably, the Court of Appeals found Ali and Bassem each played a leadership role in the scheme and that, although Zeaiter played a lesser role, the district court did not err by not reducing her sentence on that ground because she “was aware of the scope and structure of the offense conduct and actively participated in the well-planned coordinated scheme.” The Court of Appeals found Zeaiter was not a minor or minimal participant.
The Court of Appeals also agreed that Ali and Bassem were each responsible for the illegal shipment of a large number of firearms to Lebanon. In addition, the Court of Appeals found that the district court properly ruled that Ali falsely denied some of the offense conduct and that Bassem gave false testimony under oath at their respective sentencing hearings. The Court of Appeals found the district court properly considered these and other factors in determining the appropriate sentences for Ali and Bassem.
Two other defendants who were convicted and sentenced in connection with the scheme did not appeal their sentences. Adam Al Herz, the son of Ali Afif Al Herz, was sentenced on October 13, 2016, to serve 240 months’ imprisonment, to be followed by a three-year term of supervised release. Fadi Yassine, a Lebanese citizen, was sentenced in August 2017, to serve 57 months’ imprisonment, to be followed by a three-year term of supervised release.
The investigation that led to the convictions was triggered in early 2015 by a report from a firearms dealer concerning suspicious firearms transactions conducted by the group.
The initial investigation led to the March 2015 seizure of 53 guns and thousands of rounds of ammunition concealed inside Bobcat skid loaders packed inside a shipping container at the Norfolk, Virginia seaport. The container was destined for Lebanon. Subsequent investigation led to the May 2015 seizure of a second shipping container in Cedar Rapids, which was also destined for Lebanon. Ninety-nine guns and thousands more rounds of ammunition were found concealed inside Bobcat skid loaders packed inside the second container. It was also determined that the group had previously sent two similar shipments to Lebanon in March and August 2014. Each of the four containers had been loaded and shipped from Midamar Corporation in Cedar Rapids.
Evidence presented at the sentencing hearings showed the containers were destined for an area in southern Lebanon controlled by Hezbollah, a group designated by the United States as a terrorist organization. Among the guns shipped were more than 30 military style assault rifles. Other evidence presented in the case showed the guns could be sold in Hezbollah controlled southern Lebanon, where Ali Afif Al Herz maintained a residence, for as much as ten times their value in the United States. Photos of some of the weapons and ammunition seized during the investigation are attached below.
The cases were prosecuted by Assistant United States Attorney Richard L. Murphy and were investigated by Homeland Security Investigations, Bureau of Alcohol Tobacco and Firearms, Federal Bureau of Investigations, and U.S. Customs and Border Protection, with assistance from numerous other state and local law enforcement agencies.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-00054-LRR.
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Eighteen Charged in Federal RICO Indictments, Charged with Gang-related Murder, Attempted Murder, Drug Distribution, Witness IntimidationRead the Press Release
Danville, VIRGINIA – Federal, state and local authorities announced this afternoon the largest and most significant federal prosecution of organized gang activity in the Western District of Virginia in at least a decade. The indictment charges 18 suspected gang members and associates in Danville, Virginia with crimes ranging from murder to drug distribution to obstruction of justice. United States Attorney Thomas T. Cullen, Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division, Danville Police Chief Scott C. Booth, Michael J. Newman, Commonwealth’s Attorney for the City of Danville and Pittsylvania County Sheriff Michael W. Taylor made the announcement.
“Today’s indictments are the beginning of a sustained assault on the gang-related violence that has plagued the City of Danville for far too long,” U.S. Attorney Cullen stated. “We are grateful for the FBI’s leadership in this critical violent-crime initiative, and appreciate the tireless support of the Danville Police Department, the Danville Commonwealth’s Attorney, and the Pittsylvania County Sheriff’s Office. We are fully committed to identifying the drivers of violent crime in Danville and sending them to federal prison.”
“The Commonwealth of Virginia is hostile territory for gangs and criminal enterprises. I want to make this clear; we are not going away. We are not finished. Agencies across the spectrum of law enforcement - at the federal, state, and local levels - are united to keep our communities from being held hostage by the drugs, the violence, and the destruction of young, promising lives which gangs bring into them,” said Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division. “U.S. Attorney Cullen and the great men and women on his team in the Western District won't stand for it, our outstanding enforcement partners won't stand for it, and my team at the FBI won't stand for it.”
On June 11, 2018, a federal grand jury seated in U.S. District Court in Charlottesville returned two separate indictments under seal. Both indictments were unsealed today following the arrests of the 18 defendants.
The first indictment charges eight members of the MILLAs, a set of the Bloods street gang that has operated in Danville since at least sometime around 2015. The indictment charges MILLA members with federal racketeering conspiracy, violent crimes in aid of racketeering that includes murder and attempted murder and numerous counts of using firearms during the commission of violent crimes.
The second indictment charges seven members of the Rollin 60s, a set of the Crips street gang that has operated in Danville since at least around 2015. The indictment charges Rollin 60s’ members with federal racketeering conspiracy, violent crimes in aid of racketeering that includes murder and attempted murder and numerous counts of using firearms during the commission of violent crimes.
In addition, the second indictment charges three female associates of the Rollins 60s gang with being accessories after the fact, obstruction of justice, and perjury.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Danville Police Department, the Pittsylvania County Sheriff’s Office and the Commonwealth’s Attorney for the City of Danville. Assistant United States Attorneys Heather L. Carlton and Ronald M. Huber will prosecute the case for the United States.
A Grand Jury Indictment is only a charge and not evidence of guilt. The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a federal program designed to bring 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 each community’s most violent criminals. Attorney General Sessions directed all U.S. Attorney’s Offices to work in partnership with federal, state, and local law enforcement, as well as the local civilian community, to develop effective, targeted strategies to reduce violent crime. This case is a product of that collaborative effort.
Eight people indicted in federal court for trafficking cocaine and crack cocaine in LimaRead the Press Release
Eight people were indicted in federal court their roles in a conspiracy selling cocaine and crack cocaine in and around Lima, law enforcement officials said.
Those named in the 11-count federal indictment are: Don Burns, 44; Joseph Downton, 39; Earl Hall, 37; DeJuan James, 31; Michael Jones, 40; DeJuan Keys, 29; Larry Nathan, 53, and Chivas Shurelds, 29. All eight live in Lima and all are charged with conspiracy to possess with intent to distribute cocaine and crack cocaine.
Several additional people were indicted in the Allen County Court of Common Pleas as part of the case.
Burns, Downton, Hall, James, Jones, Keys, Nathan and Shurelds conspired together between November 2016 and the present to distribute large amounts of cocaine and crack cocaine. Downton and Hall are responsible for distributing at least five kilograms of cocaine, according to the 11-count indictment filed in U.S. District Court.
Burns, Downton, Hall, James, Keys, Nathan and Shurelds purchased cocaine from Demos Watkins. Watkins pleaded guilty to drug charges in federal court earlier this year and is awaiting sentencing.
Nathan converted the cocaine he bought from Watkins into crack cocaine which he sold to others himself or through intermediaries, including Jones, according to the federal indictment.
Watkins used a house on North McDonel Street to stash the drugs he sold to the defendants, according to the indictment.
“This is a network that sold large amounts of cocaine and crack cocaine in Lima,” said U.S. Attorney Justin E. Herdman. “These indictments are a great example of law enforcement working together to make our community safer.”
FBI Special Agent in Charge Stephen D. Anthony said: "These arrests demonstrate the collaborative efforts law enforcement engage in on a daily basis. In this case the sharing of information from a traffic stop where illegal narcotics were discovered led to a 19-month joint law enforcement investigation resulting in numerous arrests. The FBI will continue to devote all available resources to work collectively with our law enforcement partners to make sure those bringing poison to our streets are held accountable.”
Allen County Sheriff Matt Treglia said: “The West Central Ohio Crime Task Force greatly appreciates the support it has received from state and federal investigators while conducting this multi-agency, multi-jurisdiction investigation. This long-term thorough investigation, which culminated in a well-executed criminal roundup this morning, is a great example of how interagency cooperation can significantly disrupt the drug trade in any community in this state. We look forward to continuing a strong partnership with the F.B.I. and Ohio B.C.I. until the day we have completely eliminated the drug epidemic in our community.”
Lima Police Chief Kevin J. Martin said: On behalf of the Lima Police Department, I would like to express our extreme gratitude for the Allen County Sheriff’s Office, the FBI and the many other Criminal Justice Organizations that have worked together to help send a loud and clear message that illegal drug dealing will not be allowed in the Lima community.
“As part of the West Central Ohio Crimes Task Force, the Ohio National Guard is extremely honored to partner in support of Allen County residents and the statewide fight against illicit drugs,” said Lt. Col. Michael Flaherty, Ohio National Guard Counterdrug Task Force director. “Staff Sgt. Vanessa Gazarek, an Ohio National Guard CDTF criminal analyst, provided invaluable intelligence support to assist local and federal law enforcement during this investigation.”
This case was investigated by the FBI, Allen County Sheriff’s Office, Lima Police Department, Van Wert County Sheriff’s Office, Ohio State Highway Patrol, Ohio National Guard Counter Drug Task Force and Delphos Police Department.
The federal case is being prosecuted by Assistant U.S. Attorney Alissa M. Sterling and Thomas P. Weldon.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Dominican National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON - A Dominican national was charged today in federal court in Boston with illegally reentering the United States after being deported.
Carlos Manuel Lara-Matos, 30, was indicted on one count of illegal reentry of a deported alien.
According to court documents, on May 4, 2018, law enforcement officers in Middleton encountered Lara-Matos and determined him to be unlawfully present in the United States. Lara-Matos was previously deported on Aug. 1, 2017.
Lara-Matos faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Rebecca J. Adducci, Interim Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON - A Dominican national was charged today in federal court in Boston with illegally reentering the United States after being deported.
Pablo Geraldo Baez-Soto, 33, was indicted on one count of illegal reentry of a deported alien.
According to court documents, law enforcement encountered Baez-Soto in August 2016 and determined him to be illegally present in the United States. Baez-Soto was previously deported on Aug. 11, 2010.
Baez-Soto faces a sentence of no greater than two years in prison, one year of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Rebecca J. Adducci, Interim Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Doctors Found Guilty for Role in Valdosta and Columbus Pill MillsRead the Press Release
VALDOSTA: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that Dr. William Bacon, age 82 and Dr. Donatus O. Mbanefo, age 64, were found guilty by a jury of conspiracy to dispense controlled substances outside the usual course of medical practice and without a legitimate medical purpose at clinics in Valdosta, Georgia and Columbus, Georgia. Dr. Mbanefo was also convicted of two additional counts of unlawful dispensation of controlled substances. The trial was held before Senior District Judge Hugh Lawson between May 29 and June 13, 2018 in Valdosta.
Evidence presented during the trial of the case showed that in June 2011, co-conspirators Carol Neema Biggs, a/k/a Carol Johnson; Nilija Biggs and Junior Alexander Biggs formed the Wellness Center of Valdosta (WCV), located at 2016 E. Adair Street, to operate as a pain clinic. Dr. Bacon began working there in September 2011 and saw patients until the clinic closed.
The evidence showed that the clinic saw unrealistically large numbers of patients daily, accepted no forms of insurance or government benefits but took cash payments only of between $250 to $325 to see a patient, offered a “VIP” line which allowed patients to be seen sooner by paying additional cash. The doctors at the clinic saw an abnormally large number of patients from out of state, including some from as far away as Kentucky, Ohio, and West Virginia, who often traveled in groups to the clinic. The evidence showed that the clinic offered no diagnostic testing, required only a paper MRI report, and that Dr. Bacon performed only cursory medical examinations. No alternative treatments outside prescribing large quantities of a “cocktail” of pain medications and other controlled substances were offered to patients. The “cocktail” generally included such highly addictive controlled substances as Oxycodone and Xanax, but also included Hydromorphone, Hydrocodone, Soma, Valium and Ambien. A number of pharmacies and regulatory agencies called the clinic with concerns about the types and amounts of controlled substances prescribed.
During the approximately 27 months during which Dr. Bacon worked at the Wellness Center of Valdosta, he wrote more than 29,000 prescriptions for controlled substances. Those included prescriptions for more than 1.8 million Oxycodone pills and more than 700,000 Xanax and Soma pills.
In June 2012, in furtherance of the conspiracy, Carol and Junior Biggs opened another pain clinic in Columbus known as the Relief Institute of Columbus. The Relief Institute of Columbus employed a number of doctors but evidence at the trial showed that clinic operated in the same fashion as the Wellness Center of Columbus to unlawfully dispense controlled substances. At some point in mid-2013, the name of the clinic was changed to Tri-City Spinal Center, briefly, and it relocated to 7661 Kayne Blvd in order to avoid suspicion related to the clinic’s practices, but the purpose and operation did not change. The Columbus clinic closed briefly after execution of a federal search warrant on December 12, 2013, but reopened from late December 2013 through February 4, 2014, when a state search warrant was executed at the clinic.
Dr. Mbanefo saw patients at the Relief Institute between mid-March 2013 and mid-June 2013. During that three month period of time, Dr. Mbanefo wrote more than 2,900 prescriptions for controlled substances. Those included prescriptions for more than 127,000 Oxycodone pills and more than 43,000 Xanax and Soma pills. Evidence at the trial also showed that on April 8, 2013, Dr. Mbanefo prescribed large quantities of Oxycodone and Xanax to an undercover agent, who had no legitimate medical issues, with only a cursory medical examination and without discussing the dangers or addictive nature of those drugs. On June 5, 2013, Dr. Mbanefo prescribed the same undercover agent Oxycodone, Hydromorphone and Xanax, without a legitimate medical purpose.
The doctors at both clinics were paid $1200 to $1400 per day to see patients at the clinics, with a bonus when a doctor saw more than 40 in a single day. During the operation of the two clinics, patients made cash payments of more than $2 million to see the doctors for prescriptions.
Dr. Bacon faces up to twenty (20) years in federal prison and Dr. Mbanefo faces up to twenty (20) years in federal prison on each of the three counts, based on the convictions.
Others who worked at the clinics have previously pled guilty to various offenses and await sentencing. Dr. Vinod Shah, who had seen patients at the Relief Institute of Columbus in 2012-2013 and issued presciptions for more than 398,000 Oxycodone pills and more than 100,000 Xanax and Soma pills, has previously entered a guilty plea to involvement in the pill mill conspiracy. Co-conspirators Carol Neema Biggs a/k/a Carol Johnson, Junior Alexander Biggs, Shavonta Devon Bright a/k/a Sean, Nilaja C. Biggs, and Ionie Whorms have also previously entered pleas of guilty for their involvement in or knowledge and concealment of the conspiracy.
On their guilty pleas to conspiracy, Carol Biggs, Junior Biggs and Dr. Vinod Shah each face up to ten (10) years in federal prison, while Nilija Biggs faces up to five (5) years in federal prison. Based on pleas to knowledge and concealment of the conspiracy, Mr. Bright and Ms. Whorms each face up to three (3) years in federal prison.
“This case demonstrates the importance of pursuing those individuals, including licensed medical professionals, who are preying on the addictive nature of opioids and other controlled substances.” said United States Attorney Charlie Peeler. “My office and the Department of Justice have made efforts to control what the CDC has declared an Opioid Epidemic in this country that is killing people and fueling the current spike in illegal heroin trade. Doctors are not above the law and our office will continue to hold doctors accountable for illegal practices that put powerful, addictive and dangerous painkillers and other substances into the hands of those who do not medically need them.”
Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division said, “The devastation caused to human lives by prescription opioid abuse cannot be overstated. The prescription opioid epidemic that this country currently faces can be traced directly to unscrupulous medical practices where the practicing doctors and owners prosper and the patients suffer grievously. Patients at “pill mills” can expect to lose family, money, their health, happiness and possibly their lives. Physicians who run these illegal practices can expect to be investigated, prosecuted, and sent to prison in the same way as other drug traffickers who push poison in our communities. DEA, its law enforcement partners and the U.S. Attorney’s Office presented a united front which led to the successful prosecution of this case.”
“Doctors who illegally dispense prescription narcotics must be held accountable for their actions. This conviction demonstrates the great work of law enforcement at all levels to investigate and prosecute the illegal distribution of prescription drugs negatively impacting Georgia and our surrounding states. The GBI remains committed to working with our federal partners in drug enforcement to address these types of crimes.”
The case was investigated by the Drug Enforcement Administration, the Georgia Bureau of Investigation and Internal Revenue Service – Criminal Investigation. Assistant United States Attorneys Robert D. McCullers and K. Alan Dasher prosecuted the case for the United States.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
District Man Sentenced to Five Years in Prison for Shooting at Columbia Heights Metro StationRead the Press Release
WASHINGTON – Cesar Morales, 23, of Washington, D.C., was sentenced today to five years in prison on charges stemming from a shooting last summer at the Columbia Heights Metro station in Northwest Washington, U.S. Attorney Jessie K. Liu announced.
Morales was found guilty by a jury in January 2018 of assault with a dangerous weapon, possession of a firearm during a crime of violence, and related firearm offenses. The verdict followed a one-week trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Jennifer A. Di Toro. Following his prison term, Morales will be placed on five years of supervised release.
According to the government’s evidence, on Aug. 25, 2017 at approximately 12:20 p.m., Morales chased the victim around the Columbia Heights Metro station. As they reached the top of the escalators on the west entrance, Morales fired one shot with a .22-caliber Ruger towards the victim. Luckily, the victim was able to run away and get through the station unharmed. At the time of the shooting, dozens of people were in and around the station.
Morales fled westbound on Irving Street NW, making a right on Hyatt Place and then a left onto Park Road NW. Within minutes, officers with the Metropolitan Police Department (MPD) were able to contact and attempted to stop the defendant and another individual. When officers asked to see Morales’s hands, the defendant reached in his waistband and fled from the officers. Officers observed Morales toss a firearm. Morales was able to get away.
Video surveillance captured the shooting outside the Metro station and the victim running inside the station. Body-worn camera of the officers captured the stop minutes after the shooting. MPD released video and an investigation led to Morales’s arrest on Aug. 31, 2017. He has been in custody ever since. A casing was recovered from the Metro station stairs that was determined to have been fired by the firearm recovered in defendant’s flight path.
In announcing the sentence, U.S. Attorney Liu commended the work of those who investigated the case from Metropolitan Police Department and Metro Transit Police Department. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Tiffany Fogle, Litigation Technology Specialist Anisha Bhatia, and Assistant U.S. Attorney Jennifer Kerkhoff. Finally, she acknowledged the efforts of Assistant U.S. Attorney Monica Trigoso, who investigated and prosecuted the case.
Department of State Contractor Pleads Guilty to Theft of Government FundsRead the Press Release
Charleston, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Mauricio Andulo Hidalgo, age 43, of Costa Rica, has entered a guilty plea in federal court in Charleston, to Theft of Government Funds, a violation of 18 U.S.C. § 641. United States District Judge Patrick Michael Duffy, of Charleston, accepted the guilty plea and will impose sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Hidalgo used his position as President of SafetyPay-Central America to steal over $2,000,000 of government funds that were supposed to be transferred to a bank account maintained by the Department of State's Global Financial Services Center in Charleston. SafetyPay-Central America had been hired as a subcontractor to handle the processing of visa application fees for the United States Embassy in Costa Rica. As part of the scheme, Hidalgo diverted the funds from a SafetyPay bank account in Costa Rica to another Costa Rican account under his sole control.
Ms. Lydon stated the maximum penalty for Theft of Government Funds is imprisonment for 10 years and/or a fine of $250,000.
The case was investigated by special agents of the Department of State, Office of Inspector General, led by Inspector General Steve A. Linick. Assistant United States Attorneys Marshall "Matt" Austin and Nathan Williams of the Charleston Office are prosecuting the case.
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Department of Justice Announces Place to Worship InitiativeRead the Press Release
The Department of Justice announced the “Place to Worship Initiative,” which will focus on protecting the ability of houses of worship and other religious institutions to build, expand, buy, or rent facilities – as provided by the land use provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA).
In announcing the initiative, Attorney General Sessions provided the following statement:
“The Constitution doesn’t just protect freedom to worship in private – it protects the public exercise of religious belief, including where people worship together,” Attorney General Sessions said. “Under the laws of this country, government cannot discriminate against people based on their religion – not in law enforcement, not in grant-making, not in hiring, and not in local zoning laws. President Trump is an unwavering defender of the right of free exercise, and under his leadership, the Department of Justice is standing up for the rights of all Americans. By raising awareness about our legal rights, the Place to Worship Initiative will help us bring more civil rights cases, win more cases, and prevent discrimination from happening in the first place.”
The Department will work with the United States Attorney’s Offices to strengthen awareness of the land use provisions of RLUIPA by: hosting community outreach events across the country, educating municipal officials and religious organizations about RLUIPA’s requirements, and providing additional training and resources for federal prosecutors. The first community outreach event under the initiative will be held on June 25, in Newark, New Jersey, led by the U.S. Attorney’s Office for the District of New Jersey.
The Department is also launching a new web page, including an information page and easily accessible complaint portal, a new Q and A document on RLUIPA, and other materials. In addition, the Department has created a new RLUIPA tool kit for Department lawyers working on RLUIPA cases, and is holding a webinar on June 26 for providing training and resources for U.S. Attorney’s offices.
U.S. Attorney Trent Shores stated, “The resources provided by the Department of Justice to strengthen awareness of RLUIPA will allow my office to aggressively enforce the law and prevent religious discrimination. The Constitutional right to worship together must be and will be defended.”
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. Specifically, RLUIPA bars land use regulations that impose a substantial burden on religious exercise without a compelling justification, requires governments to treat houses of worship as favorably as nonreligious assemblies, and bars governments from discriminating among religions and from totally or unreasonably excluding houses of worship.
The Justice Department also announced that it brought a RLUIPA complaint against the Borough of Woodcliff Lake and the Woodcliff Lake Zoning Board of Adjustment in New Jersey.
Persons who believe their rights under RLUIPA have been violated may contact the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339 or the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743.
More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/rluipa.
Clairton Drug Dealer Pleads Guilty to Distribution of Fentanyl Causing an Overdose DeathRead the Press Release
PITTSBURGH, PA. - A resident of Clairton, Pennsylvania, pleaded guilty in federal court to distribution of fentanyl resulting in an overdose death, United States Attorney Scott W. Brady announced today.
Skyler Carter, 37, pleaded guilty to one count of distributing fentanyl causing serious bodily injury and death. In connection with the guilty plea, the court was advised that Carter had supplied quantities of fentanyl and cocaine to his codefendant, Katie Spratt, which she then distributed to the victim user, identified as A.B., causing his overdose death on June 5, 2017. In addition to the overdose death, Carter acknowledged his responsibility for the distribution of at least 160 grams of fentanyl, 280 grams of cocaine base, and 3.5 kilograms of cocaine. Carter enlisted the help of his brother and sister, codefendants Courtney and Jalea Carter, among others, in his drug trafficking activities, using their residences to store, package and distribute fentanyl, heroin, cocaine, and cocaine base. He is the seventeenth of 21 defendants charged in the conspiracy to enter a plea of guilty.
Judge Arthur J. Schwab scheduled sentencing for October 4, 2018, at 10:30 a.m. The law provides for a maximum total sentence of not less than 20 years nor more than life in prison, a fine of not more than $1 million, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed will depend upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Carter remains incarcerated pending the sentencing hearing.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Allegheny County Sheriff’s Office, the Allegheny County Police Department, and the Pittsburgh Bureau of Police. The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises. Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
Charleston Man Pleads Guilty to Federal Heroin and Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man caught selling heroin in January 2017 pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Dana Stevenson, 27, entered his guilty plea to an indictment charging him with distribution of heroin and being a felon in possession of a firearm.
“It’s Groundhog Day all over again,” said United States Attorney Mike Stuart. “We wake up and issue a press release about a felon with a firearm. But this isn’t Groundhog Day, it’s just another felon with a firearm who also deals drugs.”
On January 4, 2017, agents with the ATF and the Charleston Police Department Special Enforcement Unit used a confidential informant to make a controlled buy of heroin from the defendant. The buy occurred in the vicinity of the Kentucky Fried Chicken near Washington Street in Charleston. The defendant provided the informant with suspected heroin.
Stevenson also pled guilty to being a felon in possession of a firearm. On January 18, 2017, officers conducted a search warrant at his residence and recovered a Glock .40 caliber firearm. Stevenson was prohibited from possessing any firearm under federal law because he had been convicted in 2014 in Kanawha County, West Virginia for wanton endangerment.
Stevenson faces up to 30 years in federal prison when he is sentenced on September 6, 2018.
The plea hearing was held before Judge Goodwin. Assistant United States Attorney Stephanie S. Taylor prosecuted the case.
The drug prosecution 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 and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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.
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California Man Sentenced for Failure to Register as Sex OffenderRead the Press Release
U.S. Attorney Duane A. Evans announced that ROT VAN NGUYEN, a/k/a “Minh Dung,” a/k/a “Minh Dung Duong,” age 56, of San Jose, California, was sentenced today to one year and one day in prison by U.S. District Court Judge Carl J. Barbier for failing to register as a sex offender under the federal Sex Offender Registration and Notification Act (SORNA).
According to court documents, NGUYEN was convicted in California in 2009 for lewd or lascivious acts on a child under 14 years of age, a violation of California Penal Code Section 288(a). After his release from prison, NGUYEN was obligated to register as a sex offender for life. In November 2015, while he was on probation, NGUYEN cut off a GPS monitor required by California Parole and absconded from supervision. He remained at large until December 12, 2017, when members of the U.S. Marshals Task Force and Louisiana State Troopers apprehended NGUYEN at a casino in New Orleans. After his arrest, NGUYEN admitted to living in Houma prior to moving to New Orleans, and that he was aware of his obligation to register as a sex offender in Louisiana pursuant to SORNA. He was initially arrested on charges of violating Louisiana state registration laws until the matter was charged in federal court.
In addition to being sentenced to one year and one day in prison, NGUYEN also was sentenced to five years of supervised release.
U.S. Attorney Evans praised the work of the United States Marshals Service and the Louisiana State Police in this matter. He extended his thanks to California Division of Parole Operations, the Orleans Parish Sheriff’s Office, and the Orleans Parish District Attorney’s Office for their assistance. Assistant United States Attorney Matthew Payne is in charge of prosecution.
Business Owner and Former D.C. Schools Employee Plead Guilty to Carrying Out Fraudulent Billing SchemeRead the Press Release
WASHINGTON – The owner of a tutoring and mentoring business and a former employee of the District of Columbia Public Schools pled guilty today to federal charges for their roles in a scheme to fraudulently bill the school system more than $200,000 for services that they falsely claimed had been provided to students with special needs.
The guilty pleas were announced by U.S. Attorney Jessie K. Liu, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, and Inspector General Daniel W. Lucas of the District of Columbia.
John A. Faulkner, Jr., 40, the business owner, and Isaiah Johnson, 38, the former D.C. Public Schools employee, each pled guilty in the U.S. District Court for the District of Columbia to charges of mail fraud and identity theft. Mail fraud carries a statutory maximum of 20 years in prison and identity theft carries up to 15 years. Both charges also carry potential financial penalties. Under federal sentencing guidelines, each defendant faces an estimated range of 33 to 41 months in prison and fines of up to $75,000. They also must pay a total of $217,366 in restitution to the District of Columbia Schools. Faulkner also has agreed to pay $142,866 in a forfeiture money judgment, and Johnson has agreed to pay $74,500 in a forfeiture money judgment. The Honorable Rudolph Contreras scheduled sentencing for Sept. 11, 2018.
Faulkner and Johnson, both of Baltimore, were indicted on Sept. 14, 2017, and remain free on personal recognizance pending their sentencing hearing.
According to a statement of offense submitted at the time of the pleas, the men carried out a scheme from at least July of 2012 through at least July of 2014 involving fraudulent invoices submitted to the District of Columbia Public Schools (DCPS) for services purportedly performed under the Compensatory Education Program.
The Compensatory Education Program awards services to eligible students to assist with their educational needs and development. Students awarded compensatory education services have learning, mental, and/or behavioral disabilities that create an educational barrier that prevents them from reaping the full benefits of education. Services consist of tutoring, individualized education, monitoring, speech therapy, occupational therapy, and behavioral and psychological analysis. Once DCPS approves specific services, parents or guardians receive letters specifying the services that can be provided. They also receive a list of independent providers, or vendors.
According to the statement of offense, Faulkner owned a company that in 2011 became eligible to be paid by DCPS as a vendor for tutoring and mentoring services. Johnson was a DCPS compliance case manager who was responsible for notifying parents or guardians, via letters, that their children were entitled to obtain the services of the independent providers. In that role, according to the indictment, Johnson had access to students’ names as well as compensatory education letters and the forms used to create those letters.
Faulkner and Johnson created or caused to be created false and fraudulent timesheets purporting to reflect compensatory education services provided to students that had, in fact, not been performed. These documents included the names and, in some instances, the signatures of individuals who purportedly provided services, the DCPS students and the students’ parents or guardians. Faulkner and Johnson admitted that they and others used these means of identification without the knowledge or permission of the individuals. Faulkner attached these timesheets to invoices to DCPS. He received payments and distributed a portion of the proceeds to Johnson.
DCPS sent at least $217,366 in payments for services that never were performed.
In announcing the pleas, U.S. Attorney Liu, Assistant Director in Charge McNamara and Inspector General Lucas commended the work of those who investigated the case from the FBI’s Washington Field Office and the District of Columbia Office of the Inspector General They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Diane Lucas; former Assistant U.S. Attorney Teresa A. Howie; Supervisory Paralegal Specialist Tasha Harris, Paralegal Specialists Kristy Penny and Joshua Fein, and former Paralegal Specialist Jessica Mundi. Finally, they commended the work of Assistant U.S. Attorneys Peter C. Lallas and Adrienne Dedjinou, who investigated and prosecuted the case.
Bronx, New York, Man Charged with Distribution of MethamphetamineRead the Press Release
TRENTON, N.J. – A Bronx, New York, man arrested for distributing approximately eight pounds of methamphetamine has made his initial appearance in federal court, U.S. Attorney Craig Carpenito announced today.
Anthony Morales, 44, was arrested June 13, 2018, and charged by complaint with one count of distribution of 500 grams or more of methamphetamine. He appeared yesterday before U.S. Magistrate Judge Lois H. Goodman in Trenton federal court and was detained.
According to the documents filed in this case and statements made in court:
In June 2018, a Homeland Security Investigations (HSI) source provided information to HSI that a sale of a large volume of methamphetamine would be taking place in the parking lot of a restaurant in Moorestown, New Jersey.
On June 12, 2018, law enforcement officers observed Morales and another individual (Person One) meet in the restaurant’s parking lot before Morales handed Person One a box. As Person One walked away from Morales, law enforcement officers converged on the parking lot and arrested both individuals. Morales told law enforcement officers that he had arrived at restaurant earlier that day to sell Person One approximately 8 pounds of methamphetamine, and that he had, in fact, distributed the methamphetamine to Person One in a box. Morales admitted that he was arrested while waiting for Person One to pay him for the methamphetamine.
The methamphetamine distribution charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life imprisonment, and a $10 million fine.The charge and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
U.S. Attorney Carpenito credited special agents of HSI, under the direction of Resident Agent in Charge Richard Reinhold in Cherry Hill, with the investigation leading to the charge.
The government is represented by Assistant U.S. Attorneys R. Joseph Gribko and Eric A. Boden of the U.S. Attorney’s Office in Trenton.
Defense counsel: Andrea Bergman Esq., Assistant Federal Public Defender, Trenton
Bradenton Woman Indicted for Theft of Government FundsRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Roselle Fitzgerald (54, Bradenton) with one count of theft of government funds, two counts of making a false statement to a federal agency, seven counts of presenting counterfeit or forged securities, and three counts of fraudulent use of a means of identification. If convicted, she faces a maximum penalty of 15 years’ imprisonment on each count of fraudulent use of a means of identification, 10 years in prison on the theft of government funds count and for each count of presenting counterfeit or forged securities, and up to 5 years’ imprisonment on each count of false statement to a federal agency. The indictment also notifies Fitzgerald that the United States is seeking a money judgment in the amount of $192,091.20, the proceeds of the charged criminal conduct.
According to the indictment, Fitzgerald worked as a title-closer at various law firms, while simultaneously receiving Social Security Disability Insurance Benefits to which she was not entitled. Fitzgerald also made material false statements to employees of the Social Security Administration regarding her work activity. In addition, she possessed counterfeit or forged checks from the law firms where she was employed and used the means of identification of others in connection with the counterfeit or forged checks.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Social Security Administration, Office of the Inspector General and the Sarasota Police Department. It is being prosecuted by Special Assistant United States Attorney Suzanne Huyler.
Bail bonding company owner and former employee admit to tax fraudRead the Press Release
WHEELING, WEST VIRGINIA – William W. Seelbach, of Fort Meyers, Florida, and Jolynn Gilchrist, of Wheeling, West Virginia, have admitted to tax fraud, United States Attorney Bill Powell announced.
Seelbach, age 68, owner of W&S Bail Bonding, doing business as A Bail Bonding by ABC of Wheeling, West Virginia, pled guilty to one count of “Conspiracy to Defraud the United States—Impede the Internal Revenue Service,” and one count of “Failure to File Individual Income Tax Return for Tax Year 2012.” Seelbach admitted to impeding the IRS in its collection of taxes, and failing to file a federal income tax return for 2012 to report $144,030 in income to the IRS.
Gilchrist, age 49, former employee of ABC, pled guilty to one count of “False Tax Return.” Gilchrist admitted to filing an inaccurate federal tax return for the 2015 tax year.
Seelbach and Gilchrist each face up to five years incarceration and a fine of up to $250,000 for each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Jarod J. Douglas and Shawn M. Adkins are prosecuting the cases on behalf of the government. The Federal Bureau of Investigation, the Internal Revenue Service, the West Virginia Commission on Special Investigations, and the West Virginia State Police investigated.
U.S. Magistrate Judge James E. Seibert presided.
Alleged Sinaloa Cartel Member Extradited to the United States from Mexico for Funneling Massive Amounts of Marijuana and Cocaine into the United StatesRead the Press Release
An alleged Sinaloa Cartel member is in federal custody, following his extradition from Mexico to the United States yesterday afternoon. He is expected to make his initial appearance later today in federal court in El Paso.
The announcement was made by U.S. Attorney John F. Bash for the Western District of Texas; Special Agent in Charge Kyle W. Williamson of the Drug Enforcement Administration (DEA), El Paso Division; Special Agent in Charge Emmerson Buie, Jr., of the Federal Bureau of Investigation (FBI), El Paso Division; and, Special Agent in Charge Jeffrey C. Boshek, II, of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Dallas Division.
Arturo Shows Urquidi aka “Chous”, age 47, is charged in an April 2012 indictment returned by a federal grand jury in El Paso. Urquidi is charged with one count of conspiracy to conduct enterprise affairs through a pattern of racketeering activity (RICO conspiracy), one count of conspiracy to possess with the intent to distribute five kilograms or more of cocaine and 1,000 kilograms or more of marijuana, one count of conspiracy to import into the United States five kilograms or more of cocaine and 1,000 kilograms or more of marijuana, one count of conspiracy to commit money laundering offenses and one count of conspiracy to possess firearms in furtherance of drug trafficking crimes.
“The Sinaloa Cartel has smuggled multi-ton quantities of cocaine and heroin into our country for decades, using intimidation, violence and murder to build and protect their criminal empire,” said DEA Special Agent in Charge Williamson. “The extradition of Urquidi exemplifies the will of the international law enforcement collaboration to target, disrupt and dismantle the powerful Mexican cartels.”
“The extradition of Urquidi demonstrates that when we work together with our law enforcement partners both here and in Mexico, we can bring Sinaloa Cartel leadership and its core members to justice,” said FBI Special Agent in Charge Buie.
“ATF remains committed to partnerships that combat violent crime and firearms trafficking,” said ATF Special Agent in Charge Boshek. “Working together to dismantle criminal organizations improves public safety and increases social and economic stability.”
Urquidi was one of two dozen alleged high-ranking Sinaloa Cartel leaders, including Joaquin Guzman Loera aka “El Chapo” and Ismael Zambada Garcia aka “Mayo”, indicted on federal racketeering charges in April 2012. According to the indictment, Urquidi was responsible for the unloading and loading of cocaine, drug proceeds and firearms in Sinaloa Cartel warehouses in Juarez.
Last week, co-defendant Mario De La O Lopez, a former Chihuahua, Mexico state police officer, was sentenced to 324 months in federal prison in connection with the investigation into this criminal enterprise. Three defendants--Gabino Salas-Valenciano, Jesus Rodrigo Fierro-Ramirez and Emigdio Martinez, Jr.--have died since the indictment was returned in 2012. Twenty (20) defendants, including Urquidi, remain under indictment. Trial is scheduled for November 2018. Upon conviction, Urquidi faces up to life in federal prison.
This investigation resulted in the seizure of hundreds of kilograms of cocaine, thousands of pounds of marijuana in cities throughout the United States. Law enforcement also took possession of millions of dollars in drug proceeds which were destined to be returned to the Cartel in Mexico. Agents and Officers likewise seized hundreds of weapons and thousands of rounds of ammunition intended to be smuggled into Mexico to assist the Cartel’s battle to take control of Juarez and the local drug trafficking corridors.
The charges in the indictment are merely allegations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The DEA, FBI, and ATF together with the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), U.S. Border Patrol, U.S. Customs and Border Protection (CBP), U.S. Marshals Service, El Paso Police Department, El Paso Sheriff’s Office, and the Texas Department of Public Safety investigated this case. The Justice Department’s Office of International Affairs provided significant assistance in the extradition. The case is being prosecuted by Assistant U.S. Attorneys of the Western District of Texas.
Albany Attorney Charged with Defrauding Clients, Law FirmRead the Press Release
ALBANY, NEW YORK – Albert Hessberg III, age 63, of Slingerlands, New York, appeared today in federal court on charges that he defrauded and stole money from his clients and former law firm.
The announcement was made by United States Attorney Grant C. Jaquith and Janelle M. Miller, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
A criminal complaint charges Hessberg with wire fraud and mail fraud. Hessberg worked for 37 years in the Albany office of the law firm now known as Barclay Damon LLP, practicing in the area of trusts and estates. According to the complaint, in March 2018, the law firm terminated Hessberg for cause.
Hessberg is accused of stealing and concealing the theft of at least $328,000 entrusted to him by clients, as well as diverting to himself payments for legal services that should have been made to Barclay Damon. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Hessberg appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him released with conditions, pending further proceedings.
If convicted, Hessberg faces up to 20 years in prison, a maximum $250,000 fine, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and being prosecuted by Assistant U.S. Attorney Michael Barnett.
Additional Doctors Charged in Massive Kickback Scheme Related to Spinal Surgeries at Long Beach Hospital Owned by Michael DrobotRead the Press Release
SANTA ANA, California – Three additional doctors have been charged in three new cases for their roles in a 15-year-long health care fraud scheme that involved more than $40 million in illegal kickbacks paid to doctors and other medical professionals in exchange for referring thousands of patients who received spinal surgeries. As a result of the kickback scheme, more than $580 million in fraudulent bills were submitted, mostly to California’s worker compensation system.
David Hobart Payne, 60, an orthopedic surgeon who lives in Irvine, is scheduled to be arraigned later today in United States District Court on charges of conspiracy, honest services fraud, and using an interstate facility to aid in unlawful activity. A five-count superseding indictment returned by a federal grand jury on April 25 alleges that Payne was bribed approximately $450,000 to steer more than $10 million in kickback-tainted surgeries to Pacific Hospital of Long Beach.
Jeffrey David Gross, 52, an orthopedic surgeon who resides in Dana Point and Las Vegas, Nevada, appeared in federal court on Wednesday and pleaded not guilty to charges contained in a 14-count indictment returned earlier this year by a federal grand jury. Gross, who faces charges of conspiracy, honest services mail fraud and honest services wire fraud, was ordered to stand trial on August 7. The indictment alleges that Gross made at least $622,000 in exchange for performing and/or referring more than $19 million in kickback-tainted surgeries to Pacific Hospital.
In the third indictment being announced today, Lokesh Tantuwaya, 51, who maintains residences in Rancho Santa Fe and Rock Springs, Wyoming, was charged in February by a federal grand jury. The 13-count indictment charges Tantuwaya with conspiracy, honest services fraud, and using an interstate facility to aid in unlawful activity. Tantuwaya, who pleaded not guilty in April, has been ordered to stand trial on November 6. The indictment alleges that Tantuwaya received approximately $3.2 million in kickbacks for referring and/or performing $38 million in surgeries to Pacific Hospital.
The kickback scheme centered on Pacific Hospital of Long Beach, which specialized in surgeries, especially spinal and orthopedic procedures. The owner of Pacific Hospital, Michael D. Drobot, conspired with doctors, chiropractors and marketers to pay kickbacks in return for the referral of thousands of patients to Pacific Hospital for spinal surgeries and other medical services paid for primarily through the California workers’ compensation system. During its final five years, the scheme resulted in the submission of over $500 million in fraudulent medical bills. To date, nine defendants have been convicted for participating in the kickback scheme.
If they were to be convicted of the charges in the indictments announced today, Payne, Gross and Tantuwaya would face potential sentences of decades in federal prison.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
The investigation into the spinal surgery kickback scheme is being conducted by the Federal Bureau of Investigation; IRS Criminal Investigation; the California Department of Insurance; and the United States Postal Service, Office of Inspector General.
This case is being prosecuted by Assistant United States Attorneys Joseph T. McNally and Scott D. Tenley of the Santa Ana Branch Office, and Assistant United States Attorney Ashwin Janakiram of the Major Frauds Section.
13 June 2018
Wisconsin Woman Charged with Attempting to Provide Material Support to ISISRead the Press Release
Waheba Issa Dais, 45, originally of Israel and a U.S. legal permanent resident residing in Cudahy, Wisconsin, has been charged in a criminal complaint with attempting to provide material support or resources to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Matthew Krueger for the Eastern District of Wisconsin, and Special Agent in Charge Justin Tolomeo of the FBI’s Milwaukee Division made the announcement.
According to the criminal complaint, beginning in at least January, Dais attempted to provide services, personnel, expert advice and assistance to ISIS, by promoting ISIS’s agenda, facilitating recruitment and maintaining a virtual library of instructions on how to make bombs, biological weapons, poisons and suicide vests to assist self-proclaimed ISIS members and supporters in their attack planning. Dais used multiple social media accounts that she hacked and took over from unwitting victims and private social media platforms to provide and facilitate her support. Dais used one of her pro-ISIS accounts to encourage an individual, whom she believed to be an ISIS supporter, to conduct an attack in the name of ISIS. She provided detailed instructions on how to make Ricin and then suggested the individual introduce the Ricin to a government post or water reservoirs. In another post, she suggested potential targets for bombing attacks, including street festivals and celebrations in the summer.
Dais was arrested by the FBI on June 13. Dais appeared before a federal magistrate judge on the charges on June 13.
The defendant faces a statutory maximum sentence of 20 years’ imprisonment and a fine of up to $250,000.00. A criminal complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
This case was investigated by the FBI Milwaukee Division’s Joint Terrorism Task Force. The government’s is represented by Assistant U.S. Attorney Gregory J. Haanstad of the Eastern District of Wisconsin, with assistance from Trial Attorney Jolie F. Zimmerman of the National Security Division’s Counterterrorism Section.
Wisconsin Man Indicted for Producing Child Pornography Outside of the United StatesRead the Press Release
A Wisconsin man was charged in an indictment yesterday with the crimes of producing and possessing child pornography and engaging in illicit sexual conduct in a foreign place, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Matthew D. Krueger of the Eastern District of Wisconsin.
Jeffrey H. Ernisse, 61, is currently incarcerated for state offenses related to child exploitation at the Red Granite Correctional Institution in Wisconsin. A grand jury in the U.S. District Court for the Eastern District of Wisconsin indicted Ernisse on two counts of producing child pornography, two counts of producing child pornography outside of the United States, one count of engaging in illicit sexual conduct with a minor in the Philippines and one count of possessing child pornography.
According to the indictment, on or about March 10, 2015 and then again, on or about April 7, 2015, Ernisse used a minor to engage in sexually explicit conduct for the purpose of producing child pornography. Between approximately June 17, 2014, and approximately April 11, 2015, Ernisse engaged in illicit sexual conduct with a minor in the Republic of the Philippines. And on or about Dec. 18, 2015, Ernisse possessed child pornography.
The charges contained in the indictment are merely allegations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) is investigating this case with the cooperation of the Sheboygan, Wisconsin, Police Department. Trial Attorney William M. Grady of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorneys Megan J. Paulson and Penelope L. Coblentz of the Eastern District of Wisconsin are prosecuting the case.
This investigation is a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Williston Man Sentenced to 20 years for Possession of Child PornographyRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on June 11, 2018, Chief United States District Judge Daniel L. Hovland sentenced Jess Harlan Mallo, age 44, Williston, ND, on charges of Possession of Materials Depicting the Sexual Exploitation of Children. Judge Hovland sentenced Mallo to serve 20 years in federal prison, to be followed by 10 years supervised release.
This investigation was initiated when law enforcement received a tip that Mallo had uploaded images to his Gmail account that suggested he may have been victimizing a minor female. Investigators seized the Gmail account images and conducted a search of Mallo’s residence that resulted in the seizure of several electronic devices belonging to Mallo, which were found to contain images depicting the sexual exploitation of children. Mallo admitted to possessing child pornography on his devices when interviewed by law enforcement. Mallo has one prior conviction in 2005 involving the sexual molestation of two minor females in the State of Minnesota.
This case was investigated by the Williston Police Department, Bureau of Criminal Investigation, and Homeland Security Investigations.
Assistant United States Attorney Gary L. Delorme prosecuted the case.
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Wilburton Man Sentenced to 37 Months for Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Keith Ray Morgan, age 34, of Wilburton, Oklahoma, was sentenced to 37 months imprisonment and 3 years supervised release for Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The charge arose from an investigation by the Latimer County Sherriff’s Office, the Oklahoma Highway Patrol, the District 16 District Attorney’s Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment alleged that on or about August 9, 2017, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, to wit: One (1) New England Firearms, Pardner Model, 12-guage shotgun, serial number NS356513, which had been shipped and transported in interstate commerce.
“Public safety is a priority for local, state, tribal and federal law enforcement agencies. When law enforcement agencies work together toward the common goal of protecting the public, as they did in this investigation, the result is a safer community,” said United States Attorney Brian J. Kuester. “I commend the agencies involved in this investigation for their strong working relationships and open communication with each other.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Dean Burris represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
White Supremacists Sentenced to Death for Murdering Fellow Inmate at Texas PrisonRead the Press Release
Two federal inmates convicted of killing another inmate at a Beaumont Prison in the Eastern District of Texas were sentenced to death today.
Attorney General Jeff Sessions, Acting Assistant Attorney General John P. Cronan of the U.S. Department of Justice’s Criminal Division and U.S. Attorney Joseph D. Brown for the Eastern District of Texas made the announcement.
Ricky Fackrell, 34, of Vernal, Utah, and Christopher Cramer, 36, of Ogden, Utah, were indicted by a federal grand jury on March 3, 2016 and charged with murder and conspiracy to commit murder. They were both convicted by a federal jury of murder in the first degree on May 9, following a six-day trial before U.S. District Judge Marcia Crone. Today, after about eight hours of deliberation, the jury in Beaumont sentenced both Fackrell and Cramer to death. Judge Crone immediately sentenced the defendants accordingly.
“White supremacists subscribe to a repugnant, hateful ideology and use it to justify criminal activity,” Attorney General Sessions said. “The murder committed in this case was an act of senseless, barbaric violence. Now that the jury has spoken, justice will be done. I want to thank our fabulous prosecutors John Craft, Joseph Batte, and Sonia Jimenez for their hard work. With their help, this Department will continue to prosecute violent criminals with the aggressiveness and relentlessness necessary in cases like these.”
“These defendants had a violent history, and when the murder happens in a prison, it is clear that the defendants are always going to be a danger,” said U.S. Attorney Brown. “This was an appropriate case for the death penalty and we will continue to seek that punishment in the worst cases.”
According to information presented in court, beginning in March 2014, Cramer and Fackrell, inmates of the U.S. Penitentiary in Beaumont, Texas, conspired to murder fellow inmate, Leo Johns. On June 9, 2014, Cramer and Fackrell stabbed Leo Johns to death at the federal prison. All three inmates were members of the white supremacy group, Soldiers of the Aryan Culture.
This case was investigated by the FBI and the U.S. Bureau of Prisons Special Investigative Services. This case was prosecuted by Assistant U.S. Attorneys John Craft and Joseph R. Batte of the Eastern District of Texas and Trial Attorney Sonia V. Jimenez of the Justice Department’s Capital Case Section.
Waterloo Man Sentenced to Federal Prison for Sending Threatening Tweets to United States Senator Joni ErnstRead the Press Release
A man who sent threatening “tweets” on the Internet to United States Senator Joni Ernst was sentenced today to six years in federal prison. Joseph Hilton Dierks, age 34, from Waterloo, Iowa, received the prison term after a November 22, 2017, jury verdict finding him guilty of three counts of sending threatening communications.
The evidence at trial showed that in August 2017, Dierks began sending Senator Ernst threatening tweets from his Twitter account to her Twitter accounts. The United States Capitol Police in Washington, D.C. then contacted the Waterloo Police Department, which sent a law enforcement officer to Dierks’ home. Dierks promised the officer he would “tone it down” but, within 24 hours, Dierks began sending threatening tweets to the Senator again. The Senator was in Iowa at the time of Dierks’ threats, which resulted in additional security precautions.
Dierks was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Dierks was sentenced to 72 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
In sentencing Dierks, Judge Reade emphasized Dierks’ escalating criminal history, which included a prior conviction for harassing a Waterloo police officer and carrying weapons. Dierks also filmed himself tracing a knife on the outline of an unwitting neighbor across the street and offered to cut him up. Dierks also stated in a recorded jailhouse telephone call with his mother that he had no intention of following the Court’s orders when released from prison, hated the United States of America, blamed others for his predicament, and stated life meant very little to him. Judge Reade found Dierks posed an “extreme risk” to recidivate.
“The safety of elected officials is something that cannot be taken lightly,” said United States Attorney Peter E. Deegan, Jr. “This sentencing sends the message that those who attempt to intimidate or threaten to harm elected officials will be held accountable for their actions.”
Dierks is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Timothy L. Vavricek and Richard L. Murphy and investigated by the Federal Bureau of Investigation, with the assistance of the United States Capitol Police and the Waterloo Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2065-LRR.
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Wisconsin Man Indicted for Producing Child Pornography Outside of the United StatesRead the Press Release
WASHINGTON – A Wisconsin man was charged in an indictment yesterday with the crimes of producing and possessing child pornography and engaging in illicit sexual conduct in a foreign place, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Matthew D. Krueger of the Eastern District of Wisconsin.
Jeffrey H. Ernisse, 61, is currently incarcerated for state offenses related to child exploitation at the Red Granite Correctional Institution in Wisconsin. A grand jury in the U.S. District Court for the Eastern District of Wisconsin indicted Ernisse on two counts of producing child pornography, two counts of producing child pornography outside of the United States, one count of engaging in illicit sexual conduct with a minor in the Philippines and one count of possessing child pornography.
According to the indictment, on or about March 10, 2015 and then again, on or about April 7, 2015, Ernisse used a minor to engage in sexually explicit conduct for the purpose of producing child pornography. Between approximately June 17, 2014, and approximately April 11, 2015, Ernisse engaged in illicit sexual conduct with a minor in the Republic of the Philippines. And on or about Dec. 18, 2015, Ernisse possessed child pornography.
The charges contained in the indictment are merely allegations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) is investigating this case with the cooperation of the Sheboygan, Wisconsin, Police Department. Trial Attorney William M. Grady of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorneys Megan J. Paulson and Penelope L. Coblentz of the Eastern District of Wisconsin are prosecuting the case.
This investigation is a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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White Supremacists Sentenced to Death for Murdering Fellow Inmate at Texas PrisonRead the Press Release
WASHINGTON – Two federal inmates convicted of killing another inmate at a Beaumont Prison in the Eastern District of Texas were sentenced to death today.
Attorney General Jeff Sessions, Acting Assistant Attorney General John P. Cronan of the U.S. Department of Justice’s Criminal Division and U.S. Attorney Joseph D. Brown for the Eastern District of Texas made the announcement.
Ricky Fackrell, 34, of Vernal, Utah, and Christopher Cramer, 36, of Ogden, Utah, were indicted by a federal grand jury on March 3, 2016 and charged with murder and conspiracy to commit murder. They were both convicted by a federal jury of murder in the first degree on May 9, following a six-day trial before U.S. District Judge Marcia Crone. Today, after about eight hours of deliberation, the jury in Beaumont sentenced both Fackrell and Cramer to death. Judge Crone immediately sentenced the defendants accordingly.
“White supremacists subscribe to a repugnant, hateful ideology and use it to justify criminal activity,” Attorney General Sessions said. “The murder committed in this case was an act of senseless, barbaric violence. Now that the jury has spoken, justice will be done. I want to thank our fabulous prosecutors John Craft, Joseph Batte, and Sonia Jimenez for their hard work. With their help, this Department will continue to prosecute violent criminals with the aggressiveness and relentlessness necessary in cases like these.”
“These defendants had a violent history, and when the murder happens in a prison, it is clear that the defendants are always going to be a danger,” said U.S. Attorney Brown. “This was an appropriate case for the death penalty and we will continue to seek that punishment in the worst cases.”
According to information presented in court, beginning in March 2014, Cramer and Fackrell, inmates of the U.S. Penitentiary in Beaumont, Texas, conspired to murder fellow inmate, Leo Johns. On June 9, 2014, Cramer and Fackrell stabbed Leo Johns to death at the federal prison. All three inmates were members of the white supremacy group, Soldiers of the Aryan Culture.
This case was investigated by the FBI and the U.S. Bureau of Prisons Special Investigative Services. This case was prosecuted by Assistant U.S. Attorneys John Craft and Joseph R. Batte of the Eastern District of Texas and Trial Attorney Sonia V. Jimenez of the Justice Department’s Capital Case Section.
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U.S. Attorney’s Office Files Lawsuit Against Borough of Woodcliff Lake over Denial of Zoning Approval for Orthodox Jewish House of WorshipRead the Press Release
NEWARK, N.J. – The U.S. Attorney’s Office for the District of New Jersey filed a lawsuit today against the Borough of Woodcliff Lake, New Jersey, alleging that the borough and its zoning board violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it denied zoning approval to allow an Orthodox Jewish congregation to build a house of worship on its property and took steps to keep it from building a house of worship anywhere else in the borough.
According to the complaint, Valley Chabad, an Orthodox Jewish congregation located in Woodcliff Lake, spent nine years searching for a property within the area suitable to construct a house of worship. However, when Valley Chabad attempted to buy three different sites between 2005 and 2013, the borough thwarted those attempts in various ways, including expressing interest in rezoning or acquiring those properties through eminent domain after Valley Chabad entered contracts to purchase them. The borough ultimately acquired two of the properties and rezoned the third.
Unable to purchase a new property in the area that was suitable for their needs, Valley Chabad submitted a variance application to the Woodcliff Lake zoning board to construct a larger house of worship at its current location in the borough. After two years, 18 hearings, and substantial revisions by Valley Chabad to address size and transportation concerns, the zoning board denied the application.
The zoning board cited aesthetic concerns, the adverse impact on the “residential character of the neighborhood,” and safety issues that were undermined by the testimony of the zoning board’s own experts. The board also noted parking limitations that were the result of a 2016 ordinance enacted well after Valley Chabad submitted its variance application in 2014. In addition, when citing concerns that Valley Chabad would not adhere to the occupancy limits proposed in the application, the zoning board falsely characterized testimony from a Valley Chabad rabbi about prior attempts to control crowds.
“Federal law protects all religious communities from discrimination and unlawful barriers when they seek to build a place of worship,” said U.S. Attorney Carpenito. “According to the complaint, the Borough of Woodcliff Lake imposed a substantial burden on Valley Chabad’s religious freedom by repeatedly meddling in its attempts to purchase property in the area and citing subjective and misleading reasons to justify denying its zoning application.”
“The right to use land for religious exercise, free from unduly burdensome or discriminatory restrictions, is a fundamental constitutional right,” said Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division. “The Department of Justice remains vigilant in its enforcement of federal civil rights laws protecting religious groups’ ability to establish places of worship without improper interference.”
The Department of Justice today announced the “Place to Worship Initiative,” which will focus on protecting the ability of houses of worship and other religious institutions to build, expand, buy, or rent facilities – as provided by the land use provisions of the RLUIPA. As a part of the new initiative, the Department will work with the U.S. Attorney’s Offices to strengthen awareness of the land use provisions of RLUIPA. The first community outreach event under the initiative will be held on June 25, in Newark, led by the U.S. Attorney’s Office for the District of New Jersey.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. Specifically, RLUIPA bars land use regulations that impose a substantial burden on religious exercise without a compelling justification, requires governments to treat houses of worship as favorably as nonreligious assemblies, and bars governments from discriminating among religions and from totally or unreasonably excluding houses of worship.
More information about RLUIPA and the Justice Department’s new Place to Worship Initiative is available at www.justice.gov/crt/placetoworship and at www.justice.gov/crt/rluipa. Questions and answers about RLUIPA and other documents may be found at www.justice.gov/crt/about/hce/rluipaexplain.php.
The government is represented by Assistant U.S. Attorney Michael E. Campion, Chief of the U.S. Attorney’s Office’s Civil Rights Unit, Civil Division, and Assistant U.S. Attorney Susan Millenky, Civil Division.
Two Oklahoma Men Charged with Murder and Kidnapping in Indian CountryRead the Press Release
On June 13, a federal grand jury in Muskogee, Oklahoma, returned an eight-count indictment against two men for kidnapping and murdering a woman in Indian country in April 2017.
Matthew Onesimo Armstrong, 28, of Seminole County, Oklahoma, and a member of the Seminole Nation, and Nicholas Earl Faulkner, 31, of Hughes County, Oklahoma, and a member of the Cheyenne and Arapaho Tribe, were jointly charged with murder, kidnapping, and related drugs and weapons violations. The defendants were previously arrested by criminal complaint and are both detained. Their initial appearance on the indictment is scheduled for June 20, before Magistrate Judge Steven P. Shreder of the Eastern District of Oklahoma.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Brian J. Kuester of the Eastern District of Oklahoma and Special Agent in Charge Kathryn Petersen of the FBI Oklahoma City Field Office made the announcement.
The indictment alleges that on or about April 17, 2017, in Indian Country, the defendants were together in a house in Seminole County when they kidnapped Nicole Owl, 31, in a thickly forested area behind the house. The defendants retrieved materials from the house, including an extension cord and shoelaces, which were used to bind the victim’s hands and tie her body to a tree. The victim was left in the forested area for a period of time after which the defendants returned with a loaded SKS rifle. Armstrong then allegedly shot the victim twice, causing her death. Thereafter, the defendants purchased concrete from a nearby hardware store, dug a grave, and buried the victim’s body in the forest under a layer of concrete.
If convicted of all counts, the defendants could face the death penalty. The Attorney General of the United States will decide whether to seek the death penalty based on the recommendation of the U.S. Attorney and after carefully considering the defendant’s background and the circumstances of the crime.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The investigation was conducted by the FBI, the Bureau of Indian Affairs, the Oklahoma State Bureau of Investigation, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Seminole Nation Lighthorse Police, and the Seminole County District Attorney’s Office. The prosecution is being handled by Trial Attorney Mona Sahaf of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney D. Edward Snow of the Eastern District of Oklahoma.
Two Oklahoma Men Charged with Murder and Kidnapping in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – On June 13, a federal grand jury in Muskogee, Oklahoma, returned an eight-count indictment against two men for kidnapping and murdering a woman in Indian country in April 2017.
Matthew Onesimo Armstrong, 28, of Seminole County, Oklahoma, and a member of the Seminole Nation, and Nicholas Earl Faulkner, 31, of Hughes County, Oklahoma, and a member of the Cheyenne and Arapaho Tribe, were jointly charged with murder, kidnapping, and related drugs and weapons violations. The defendants were previously arrested by criminal complaint and are both detained. Their initial appearance on the indictment is scheduled for June 20, before Magistrate Judge Steven P. Shreder of the Eastern District of Oklahoma.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Brian J. Kuester of the Eastern District of Oklahoma, and Special Agent in Charge Kathryn Petersen of the FBI Oklahoma City Field Office made the announcement.
The indictment alleges that on or about April 17, 2017, in Indian Country, the defendants were together in a house in Seminole County when they kidnapped Nicole Owl, 31, in a thickly forested area behind the house. The defendants retrieved materials from the house, including an extension cord and shoelaces, which were used to bind the victim’s hands and tie her body to a tree. The victim was left in the forested area for a period of time after which the defendants returned with a loaded SKS rifle. Armstrong then allegedly shot the victim twice, causing her death. Thereafter, the defendants purchased concrete from a nearby hardware store, dug a grave, and buried the victim’s body in the forest under a layer of concrete.
If convicted of all counts, the defendants could face the death penalty. The Attorney General of the United States will decide whether to seek the death penalty based on the recommendation of the U.S. Attorney and after carefully considering the defendants’ background and the circumstances of the crime.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.The investigation was conducted by the FBI, the Bureau of Indian Affairs, the Oklahoma State Bureau of Investigation, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Seminole Nation Lighthorse Police, and the Seminole County District Attorney’s Office. The prosecution is being handled by Trial Attorney Mona Sahaf of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney D. Edward Snow of the Eastern District of Oklahoma.
Two Clarksburg residents sentenced for drug distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – John T. Skidmore and Danielle Archambault, both of Clarksburg, West Virginia, were sentenced today for drug distribution, United States Attorney Bill Powell announced.
Skidmore, age 35, was sentenced today to 30 months incarceration. Skidmore pled guilty to one count of “Distribution of Heroin” and one count of “Conspiracy to Distribute Methamphetamine” in February 2018. He admitted to selling heroin in March 2017 and distributing methamphetamine in April 2017. The crimes took place in Harrison County.
Archambault, age 28, was sentenced today to 18 months incarceration. She pled guilty to one count of “Conspiracy to Distribute Methamphetamine” in February 2018. She admitted to distributing methamphetamine in Harrison County and elsewhere April 2017.
Assistant U.S. Attorney Traci M. Cook prosecuted the cases on behalf of the government. The Greater Harrison County Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Irene M. Keeley presided.Tortola Native Pleads Guilty to Cocaine Conspiracy Resulting from the Traffic Stop Apprehension of 39 Bricks of CocaineRead the Press Release
St. Thomas, USVI – Khadin Fahie, 23, pleaded guilty before District Judge Curtis Gomez to conspiracy to possess with intent to distribute at least 15 but less than 40 kilogram of cocaine, United States Attorney Gretchen Shappert announced today. Fahie sentencing is scheduled for October 18, 2018.
Police Department conducted a routine traffic stop of an unregistered SUV operated by Jesus Rosario-Rondon. Fahie was a the passenger in the vehicle. According to the plea agreement filed with the court, on March 7, 2018, a VIPD officer during a routine traffic stop observed occupants of a vehicle who appeared very nervous and agitated. The officer also observed two large duffle bags in the back seat of the SUV, and later asked both occupants if either was the owner of the duffle bags. Fahie and the driver of the SUV both responded that the duffle bags belonged to the other person. The VIPD officer then requested and received permission from the driver of the SUV to search the duffle bags. Inspection of the duffle bags revealed 39 bricks containing a white powered substance, wrapped in vacuumed sealed plastic that later tested positive of the presence of cocaine. Also discovered was one empty plastic wrapping that tested positive for cocaine. Fahie later admitted ownership of the cocaine, and stated that he traveled from Tortola to St. Thomas with the cocaine to find a buyer. Fahie further stated that the driver of the SUV had assisted him in finding a buyer for the cocaine on St. Thomas.
This case was investigated by Drug Enforcement Administration and the Virgin Islands Police Department, and was prosecuted by Assistant United States Attorneys Delia Smith.