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13 June 2018
Three Marshalltown Methamphetamine Distributors Sentenced to Federal PrisonRead the Press Release
Three men who trafficked methamphetamine were sentenced June 12, 2018, each to more than twenty years in federal prison.
Juan Carlos Martinez, age 28, Manuel Fujarte, age 34, and John Minteer, age 45, all from Marshalltown, Iowa, received the prison terms after pleading guilty to conspiracy to distribute at least 500 grams of methamphetamine.
At their guilty pleas, Martinez, Fujarte, and Minteer admitted to conspiring to distribute ice methamphetamine, a highly pure, crystalized form of methamphetamine, throughout Northern Iowa. The conspiracy lasted between the fall of 2014 and the fall of 2016. Martinez, Fujarte, and Minteer were all responsible for distributing multiple ounces of ice methamphetamine to a network of drug customers.
Prior to his arrest and while on probation in Marshall County, Martinez obtained a stolen gun and went to a daycare in Pleasant Hill, Iowa, in an attempt to contact his ex-wife and child in violation of a no contact order. Police officers responded to the daycare. Martinez then brandished the gun and refused to drop it. An officer used a Taser on Martinez and he was taken into custody. Martinez was later convicted of assault while displaying a dangerous weapon and possession of a firearm as a felon in Polk County District Court.
Martinez, Fujarte, and Minteer were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Martinez was sentenced to 252 months’ imprisonment, Fujarte was sentenced to 262 months’ imprisonment, and Minteer was sentenced to 234 months’ imprisonment. All three must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Martinez, Fujarte, and Minteer are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorney Lisa C. Williams as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement; the Mid-Iowa Task Force, comprised of the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Grundy County Sheriff’s Office, Hardin County Sheriff’s Office, Iowa Falls Police Department, Eldora Police Department and the Dysart Police Department; and the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2022.
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Three Jackson Men and Honduran Man Plead Guilty to Meth ConspiracyRead the Press Release
Jackson, Miss. – Three Jackson men and a Honduran man entered guilty pleas this week before U.S. District Judge William H. Barbour, Jr., to drug conspiracy charges, announced U.S. Attorney Mike Hurst and Drug Enforcement Administration (DEA) Assistant Special Agent in Charge J. Derryle Smith.
Allen Sims, 41, of Jackson, pled guilty to conspiracy to possess with the intent to distribute 500 grams or more of a detectable amount of methamphetamine and 50 grams or more of actual methamphetamine. From November 2015 to February 2016, Sims arranged the purchase and delivery of more than 30 kilograms of methamphetamine from a source of supply in Mexico.
Vincent Taylor McGee, 30, of Jackson, pled guilty to conspiracy to possess with the intent to distribute 500 grams or more of a detectable amount of methamphetamine. In November 2015, McGee picked up 1 kilogram of a detectable amount of methamphetamine from a Mexican source of supply in Atlanta and delivered it to a co-conspirator in Jackson.
Keith Mullen, 46, of Jackson, pled guilty to conspiracy to possess with the intent to distribute 50 grams or more of methamphetamine. From November 2015 to February 2016, and while in federal prison at Yazoo City, Mississippi, Mullen assisted co-conspirators in arranging the purchase and delivery of 30 kilograms of methamphetamine from a source of supply in Mexico. The drugs were intended for distribution in Central Mississippi.
Jose Pacheco, 41, from Honduras, pled guilty to conspiracy to possess with the intent to distribute 500 grams or more of a detectable amount of methamphetamine. In November 2015, Pacheco assisted co-conspirators in arranging the purchase and delivery of 1 kilogram of methamphetamine from a source of supply in Mexico.
This case is the result of an extensive investigation, dubbed "Rock Bottom" which began as an operation targeting illegal narcotics distribution in Central Mississippi involving the distribution of cocaine, crack and methamphetamine.
The defendants will be sentenced by Judge Barbour on September 11, 2018, beginning at 9:30 a.m. They each face a maximum penalty of life in prison and a $10 million fine.
The case was investigated by the Drug Enforcement Administration, the Mississippi Bureau of Narcotics, and the Bureau of Alcohol Tobacco Firearms and Explosives with assistance from the U.S. Marshals Service, FBI, Hinds County Sheriff’s Office, Ridgeland Police Department, Jackson Police Department, Mississippi Highway Patrol, Madison County Sheriff’s Office, Brandon Police Department, Rankin County Sheriff’s Office, Mississippi Department of Corrections, Pearl Police Department, Flowood Police Department, U.S. Customs and Border Protection, and the DEA - Houston Field Division. The case is being prosecuted by Assistant United States Attorney Chris Wansley.
Three Aliens Indicted on Illegal Reentry ChargesRead the Press Release
GREENVILLE – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Greenville has returned indictments charging AQUILEO PEREZ-PINEDA, age 48, of Mexico, ABEL RAMIREZ-URIBE, age 33, of Mexico, and PEDRO VICENTE SANCHEZ-JOVEL, age 34, of Guatemala, with Illegal Reentry of a Deported Alien.
If convicted of Illegal Reentry of a Deported Alien, PEREZ-PINEDA, found in Harnett County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of Illegal Reentry Subsequent to a Felony Conviction (possession of a controlled substance), RAMIREZ-URIBE, found in Robeson County, and previously deported twice, would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of Illegal Reentry Subsequent to an Aggravated Felony (conspiracy to possess with intent to distribute in excess of 50 grams of methamphetamine and possession with intent to distribute in excess of five grams of methamphetamine), SANCHEZ-JOVEL, found in Wake County, and previously deported twice, would face maximum penalties of 20 years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations.
Thornton Man to Spend over 11 Years in Federal Prison for Cocaine TraffickingRead the Press Release
DENVER – Thornton resident Carlos Fernandez-Barron, age 38, has been sentenced to serve 135 months (11 years and 3 months) in federal prison for cocaine trafficking, U.S. Attorney Bob Troyer and DEA Denver Division Special Agent in Charge William “Tim” McDermott announced. The sentence was handed down by U.S. District Court Judge Raymond P. Moore on June 8, 2018. After serving his prison sentence, Fernandez-Barron will serve an additional 5 years on supervised release. The defendant appeared at the sentencing hearing in custody, and was remanded at its conclusion.
The defendant and seven others were indicted by a federal grand jury in Denver on September 3, 2015. A superseding indictment was obtained on May 2, 2016. Of the seven individuals indicted, five pled guilty and were sentenced for their crimes, and two defendants – including Fernandez-Barron -- went to trial and were found guilty. In total, all seven defendants were sentenced to over 550 months combined for their cocaine trafficking.
At trial, the government introduced evidence showing that Fernandez-Barron was a Denver-based member of a sophisticated cocaine trafficking conspiracy, which was responsible for sending hundreds of kilograms of cocaine to Colorado and millions of dollars in proceeds back to Chihuahua, Mexico. The defendant helped unload cocaine from hidden compartments in vehicles, distribute it in the Denver metro area, and then collect proceeds to return to Mexico. On March 19, 2018, a Denver jury convicted Fernandez-Baron of conspiring with others to distribute and possess with the intent to distribute five kilograms or more of cocaine. The jury also convicted Fernandez-Baron of personally distributing or possessing with the intent to distribute five kilograms or more of cocaine.
“Colorado law enforcement partnerships are the national gold standard,” said U.S. Attorney Bob Troyer. “Thanks to them, it remains a foolish decision for drug trafficking organizations to set up shop here.”
“This case is a great representation of how the DEA and our law enforcement partners target major drug trafficking organizations responsible for the importation and distribution of hundreds of kilograms of cocaine into our community,” said DEA Denver Division Special Agent in Charge McDermott. “This case was successful due to partnerships between the DEA and the Task Force Officers of the multiple law enforcement agencies that make up the Front Range Task Force; including the Denver Police Department, Douglas County Sheriff’s Office, Colorado Bureau of Investigation, Aurora Police Department, Arapahoe County Sheriff’s Office, 18th Judicial District, Mountain View Police Department, and Homeland Security Investigations (ICE).”
In addition to Fernandez-Barron, Lucio Ivan Lozano was sentenced to 180 months (15 years) in prison; Edgar Rene Mier-Garces was sentenced to 178 months (nearly 15 years) in prison; Keneth Molina-Villalobos was sentenced to serve 120 months (10 years) in prison; Jose Lara-Gallegos was sentenced to 84 months (7 years) in prison; Jose Delores Licon-Gallegos was sentenced to serve time served; and Martha Patricia Mota was sentenced to serve 15 months (1.25 years).
This case was investigated by the Rocky Mountain High Intensity Drug Trafficking Area’s Front Range Task Force, which includes agents from the Drug Enforcement Administration, Denver Field Division, with assistance from the other law enforcement agencies listed above. Assistant United States Attorney Peter McNeilly and Special Assistant United States Attorney Wayne Paugh prosecuted this matter for the United States.
Texas Man Sentenced to over Six Years in Prison for Cocaine and Marijuana ConspiracyRead the Press Release
Gulfport, MS – Juan Luis Cantu a/k/a "Flaco," age 24, of La Joya, Texas, was sentenced today by U.S. District Judge Sul Ozerden to 74 months in federal prison, followed by 5 years of supervised release, for conspiracy to possess with intent to distribute a controlled substance, announced U.S. Attorney Mike Hurst and Drug Enforcement Administration (DEA) Assistant Special Agent in Charge J. Derryle Smith. Cantu was also ordered to pay a $3,000 fine.
On February 20, 2018, Cantu pled guilty to conspiring to possess with intent to distribute 500 grams or more of cocaine and 100 kilograms or more of marijuana. During its investigation into Cantu, the DEA learned from a cooperating source that Cantu was a source of supply for cocaine and marijuana on the Mississippi Gulf Coast. Cantu was identified by multiple sources, and said to be instrumental in introducing individuals to each other for the purposes of assisting in the distribution of at least 500 grams of cocaine and 100 grams of marijuana.
The case was investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Kathlyn R. Van Buskirk.
Texas Man Sentenced for Transporting MarijuanaRead the Press Release
Gulfport, Miss. – Carlos Orozco, 24, of Socorro, Texas, was sentenced today by United States District Judge Sul Ozerden, to serve 7 months in federal prison, followed by 6 months home confinement and three years of supervised release, for using the interstate to travel in aid of an unlawful activity, specifically distribution of marijuana, announced U.S. Attorney Mike Hurst and Drug Enforcement Administration Assistant Special Agent in Charge J. Derryle Smith. Orozco was also ordered to pay a $5,500 fine. He pled guilty to the charge on February 21, 2018.
On April 6, 2017, a Gulfport Police Criminal Interdiction Officer stopped a vehicle being driven by Victor Alfonso Legarda for a traffic violation. Orozco was a passenger in the vehicle. Upon inquiry by the officer, he learned that Legarda had previously been arrested for marijuana seizures and the vehicle had crossed the United States/Mexico Border the day before the stop. The officer was provided consent to search the vehicle, and during his search, he located numerous vacuum-sealed bags of marijuana throughout the vehicle. In total, the officer located 100 packages that had a gross weight of 55.05 kilograms.
Victor Alfonso Legarda pled guilty on January 19, 2018, to using the interstate to travel in aid of an unlawful activity. He was sentenced to 25 months in prison followed by 3 years of supervised release and ordered to pay a $3,000 fine.
The case was investigated by the Drug Enforcement Administration and the Gulfport Police Department. It was prosecuted by Assistant United States Attorney Kathlyn Van Buskirk.
Tennessee Man is Sentenced for Committing a Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – A Tennessee man was sentenced today for committing a federal gun crime, announced United States Attorney Mike Stuart. Marvin Dunigan, 46, of Johnson City, previously entered a guilty plea to being a felon in possession of a firearm and was sentenced to 46 months in federal prison. U.S. Attorney Stuart commended the investigation of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beckley Police Department.
“A convicted felon and repeat violator of federal gun laws,” said United States Attorney Mike Stuart. “Guys like Dunigan aren’t supposed to have firearms for a reason. He was fully aware of the prohibition and now he’ll serve almost 4 years in a federal pen because he chose not to follow the law.”
Dunigan admitted that on August 16, 2016, he possessed a Cobra Model C32, .32 caliber firearm in Beckley. Dunigan was prohibited from possessing a firearm under federal law because of a 2010 felony conviction in the United States District Court for the Eastern District of Tennessee, his first conviction for being a prior felon in possession of a firearm.
United States District Judge Irene C. Berger imposed the sentence.
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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Toppenish Woman Sentenced to over 29 Years Imprisonment for Second Degree Murder and Discharging a Firearm During a Crime of ViolenceRead the Press Release
Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Jennifer Joyce Douglas, age 37, of Toppenish, Washington, was sentenced after having pleaded guilty on February 16, 2018, to second degree murder and discharging a firearm during a crime of violence. United States District Judge Salvador Mendoza, Jr. sentenced Douglas to a 235-month term of imprisonment for second degree murder and a consecutive 120-month term of imprisonment for discharging a firearm during a crime of violence, to be followed by a five year term of court supervision following release from federal prison. Judge Mendoza also ordered Douglas to pay the surviving victim and deceased victim’s family $282,007.00 in restitution.
According to information disclosed during court proceedings, Yakama Nation police officers and deputies with the Yakima County Sheriff’s Office responded to a residence in Wapato, Washington, after receiving a 911 call. In one bedroom, officers saw an unconscious victim with multiple gunshot wounds on the floor. This person showed signs of life, and was transported to the hospital. In another bedroom, officers found a deceased victim shot in the face. It appeared to be an execution-style killing because of the medical examiner’s findings that the firearm had been discharged within close proximity of the victim. As officers investigated the crime scene, they also determined someone had discharged a firearm at the water heater, causing flooding in the residence.
A short time later, a police officer initiated a traffic stop on a vehicle driven by Douglas, but registered to one of the victims. Douglas told the officer she borrowed the vehicle the previous day. She appeared to be under the influence of drugs. Douglas was arrested and booked into the Yakima County Jail. The next day, when interviewed by FBI agents, Douglas admitted shooting both victims. Douglas stated it was a blur, and “I don’t know why I did it.” The motive for the shootings is unclear.
United States Attorney Harrington said, “This case is an example of the superb work that can be accomplished when federal, state, tribal and local law enforcement work together. The United States Attorney’s Office for the Eastern District of Washington, the Federal Bureau of Investigation, and the Yakama Nation Tribal Police Department, Yakima County Sheriff’s Office, and Wapato Police Department are committed to investigating and prosecuting violent crimes occurring in the exterior boundaries of the Yakama Nation.”
This case was investigated by the Federal Bureau of Investigation, Yakama Nation Tribal Police Department, Yakima County Sheriff’s Office, and Wapato Police Department. The case was prosecuted by Meghan McCalla and Thomas Hanlon, Assistant United States Attorneys for the Eastern District of Washington.
Statement of United States Attorney Mike Stuart Regarding the Department of Justice's Place to Worship InitiativeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement regarding the Department of Justice’s Place to Worship Initiative:
“America needs more faith not less. This U.S. Attorney will protect the rights of all citizens in the public exercise of religious beliefs including worship or prayers at public events,” said United States Attorney Mike Stuart. “I am prepared to protect the free exercise of religion including a tradition pre-game prayer. This is a fundamental right of every American.”
Please see the press release below for more information about the Place to Worship Initiative.
Follow us on Twitter: @SDWVNews and @USAttyStuart
FOR IMMEDIATE RELEASE
WEDNESDAY, JUNE 13, 2018
DEPARTMENT OF JUSTICE ANNOUNCES PLACE TO WORSHIP INITIATIVE
WASHINGTON – 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 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 today 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.
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 today 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.
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St. Thomas Man Indicted for Disaster Fraud and Wire Fraud Stemming from Theft of FEMA Relief MoneyRead the Press Release
St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced today that Teron Stevens, 27, of St. Thomas, was indicted on Friday, June 8, 2018, by a federal grand jury charging him with one count of Disaster Fraud and one count of Wire Fraud, in relation to Hurricane Irma Federal Emergency Management Agency (FEMA) disaster relief funds.
According to the indictment, in September of 2017, Stevens applied to FEMA for disaster relief by falsely claiming to be a homeowner of a property damaged by Hurricane Irma. As a result, Stevens received over $27,000 in FEMA assistance to which he was not entitled. If convicted, Stevens faces a maximum sentence of not more than 30 years in prison, and a fine of up to $1,000,000.
On September 6, 2017, Hurricane Irma struck the United States Virgin Islands. In response, on September 7, 2017, President Donald J. Trump issued a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121 et seq. (the "Stafford Act"), for the Virgin Islands. As a result of this declaration, FEMA was authorized to provide assistance to affected residents of St. Thomas and St. John through FEMA’s Individuals and Households Program.
This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in October 2017. Members of the public who suspect fraud involving disaster relief efforts, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. The telephone line is staffed by a live operator 24 hours a day, 7 days a week. You can also fax information to the Center at (225) 334-4707, or email it to [email protected]. Learn more about the Department of Justice’s National Center for Disaster Fraud at http://www.justice.gov/disaster-fraud.
This case is being investigated by the United States Department of Homeland Security-Office of the Inspector General, and is being prosecuted by Assistant United States Attorneys Meredith J. Edwards and Mervin A. Bourne, Jr.
United States Attorney Shappert reminds the public that an indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty.
South Dakota Man Sentenced for Threats to InjureRead the Press Release
United States Attorney Ron Parsons announced that a South Dakota man convicted of Interstate Communications with Threat to Injure was sentenced on June 11, 2018, by U.S. District Judge Roberto A. Lange.
Graham Garnos, age 41, was sentenced to time served (37 months), 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Garnos was indicted by a federal grand jury on March 4, 2015. He pled guilty on March 19, 2018.
In 2007, Garnos was arrested on felony drug charges. Over the last few years, Garnos has called, left voicemail messages, sent e-mails, and posted things on Facebook and YouTube, all discussing his hostility towards the arresting officer.
On February 22, 2015, Garnos called the cell phone of the wife of the arresting officer, who did not answer. Garnos left a long voicemail to the victim, where he was threatening to kill the victim and her husband.
This case was investigated by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Somersworth Man Sentenced to 25 Years for Producing Child PornographyRead the Press Release
CONCORD - Matthew Felton, 38, of Somersworth, was sentenced to serve 25 years in federal prison followed by lifetime supervised release for production of child pornography, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, the defendant used several social media accounts to disguise his identity, pose as a female representative of a modeling agency, and solicit sexually explicit photographs of young girls purportedly to help them secure modeling contracts. Specifically, he persuaded three girls (ages 12 through 14), all of whom were located in Canada, to photograph themselves engaging in sexually explicit conduct. The girls sent the photographs to the defendant over the Internet.
Felton pleaded guilty on January 18, 2018.
“The defendant’s conduct here justified this long prison sentence,” said U.S. Attorney Murray. “On-line predators such as this defendant cause substantial harm to their young victims and must be incarcerated in order to protect the public. We will continue to work closely with our law enforcement partners to identify and prosecute those who use the Internet to victimize children in order to produce and distribute child pornography.”
“This case was a great example of what strong coordination among federal, state, and local law enforcement and prosecutors can achieve in combatting the scourge of child pornography and child endangerment from those who would engage in such depraved acts”, said Michael Shea, Acting Special Agent–In -Charge, Homeland Security Investigations (HSI), Boston. “HSI is committed to ensuring that justice is delivered against these type of predators.”
This matter was investigated by Homeland Security Investigations, the New Hampshire Internet Crimes Against Children Task Force, and law enforcement authorities in Canada. The case was prosecuted by Assistant U.S. Attorney Georgiana L. Konesky.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s 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 about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Silver Spring Man Pleads Guilty to Sex Trafficking of Two MinorsRead the Press Release
Baltimore, Maryland – Roland Chick Akum, age 25, formerly of Silver Spring, Maryland, pleaded guilty on June 12, 2018, to two counts of sex trafficking of a minor.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Chief Hank Stawinski of the Prince George’s County Police Department.
According to his plea agreement, between June and August 2017, Akum, a/k/a “Rayne,” transported two minor females, 15 and 17 years old, respectively, to a motel in College Park, Maryland, in order to engage in commercial sex acts. Akum used Backpage, a website that marketed commercial sex, to advertise the girls and kept a portion of the proceeds that customers paid the girls for commercial sex acts. On July 7, 2017, the 15-year-old girl left Akum and the hotel and contacted law enforcement authorities. Akum continued to traffic the 17-year-old girl until he was arrested on August 10, 2017, as part of an undercover operation targeting Backpage, and was released on bond the following day.
On September 30, 2017, Akum, who is a citizen of Cameroon, purchased a one-way ticket from Dulles International Airport to Cameroon, scheduled to depart on October 12, 2017. Akum was arrested again on October 3, 2017, and remains in custody.
As part of his plea agreement, Akum will be required to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
Akum faces a mandatory minimum sentence of 10 years in prison and up to life in prison, followed by up to lifetime of supervised release for each count of sex trafficking of a minor. U.S. District Judge Catherine C. Blake has scheduled sentencing for September 18, 2018 at 9:15 a.m.
This case was investigated by the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit http://www.justice.gov/usao/md/priorities_human.html.
Report suspected instances of human trafficking to HSI's tip line at 866-DHS-2ICE (1-866-347-2423) or by completing its online tip form. Both are staffed around the clock by investigators.
United States Attorney Robert K. Hur commended HSI and the Prince George’s County Police Department for their work in the investigation and thanked the Prince George’s County State’s Attorney Angela Alsobrooks and Chief Tim Altomare of the Anne Arundel County Police Department for their assistance. Mr. Hur thanked Assistant U.S. Attorneys Zachary A. Myers and Ray D. McKenzie, who are prosecuting the case.
President of New Jersey Clinical Laboratory and His Brother, A Senior Employee, Sentenced to Prison in $100m+ Test Referral/Bribery SchemeRead the Press Release
NEWARK, N.J. – The president of Parsippany, New Jersey-based Biodiagnostic Laboratory Services LLC (BLS) and his brother – a senior employee at the now-defunct company – were sentenced today to federal prison terms for their respective roles in a conspiracy in which millions of dollars in bribes were paid to physicians for blood sample referrals worth more than $100 million to the company, U.S. Attorney Craig Carpenito announced.
David Nicoll, 44, of Mountain Lakes, New Jersey, was sentenced to 72 months in prison; Scott Nicoll, 37, of Wayne, New Jersey, was sentenced to 43 months in prison. Each defendant had previously pleaded guilty before U.S. District Judge Stanley R. Chesler to an information charging one count of conspiracy to violate the Anti-Kickback Statute and the Federal Travel Act and one count of money laundering. Judge Chesler imposed the sentences today in Newark federal court.
“Today, the president of a diagnostic lab company and his brother were sentenced for their leading roles in a scam that led to one of the largest ever prosecutions of medical professionals in a bribery case,” U.S. Attorney Carpenito said. “Medical referrals from a doctor should be based on what’s in the patient’s best interest, not on how much money the doctor is offered in kickbacks. The number of doctors and medical professionals sent to prison in this case should make that message abundantly clear.”
The investigation has resulted in the convictions of 53 defendants – 38 of them of doctors – in connection with the bribery scheme, which its organizers have admitted involved millions of dollars in bribes and resulted in more than $100 million in payments to BLS from Medicare and various private insurance companies. It is believed to be the largest number of medical professionals ever prosecuted in a bribery case. The investigation has recovered more than $15 million through forfeiture. On June 28, 2016, BLS, which is no longer operational, pleaded guilty and was required to forfeit all of its assets.
“The FBI views health care fraud as a severe crime problem that impacts every American,” FBI Special Agent in Charge Gregory W. Ehrie said. “Fraud and abuse take critical resources out of our health care system, and contribute to the rising cost of health care for everyone. Today’s sentencing of David Nicoll and his brother Scott Nicoll are the result of a multi-agency investigation into a complex health care fraud scheme, requiring substantial investigative resources. The FBI, with its law enforcement partners, will continue to allocate a significant amount of expert resources to investigate these crimes and prosecute all those that are intent in defrauding the American public.”
“These two individuals masterminded an elaborate health care fraud scheme based on nothing more than greed,” Scott J. Lampert, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services, said. “We trust that the work with our law enforcement partners – especially the U.S. Attorney’s Office, FBI, IRS, and Postal Inspection Service – will send a clear message and dissuade individual health ‘professionals’ from making such corrosive schemes possible.”
According to documents filed in this case and statements made in court:
On April 9, 2013, federal agents arrested BLS president and part owner, David Nicoll; Scott Nicoll, a senior BLS employee and others, who were charged by complaint with bribery conspiracy, along with the BLS company. The conspiracy made millions in illegal profits between 2006 and April of 2013. David and Scott Nicoll admitted that BLS made substantially more than $100 million from Medicare and private insurance companies – just from bills related to blood specimens sent to BLS by bribed doctors.
BLS paid doctors millions of dollars – in cash or under the guise of sham lease, service, and consulting agreements through an elaborate network of shell entities used for that purpose. The defendants also admitted that one component of the bribery scheme was to pay some doctors a fee per test to induce them to increase their ordering of certain tests.
“Health care fraud of this magnitude cannot be tolerated, and today’s sentencings are the direct result of the tremendous investigative skills of all the participating law enforcement agencies,” Bryant Jackson, Acting Special Agent in Charge, IRS - Criminal Investigation, Newark Field Office, said. “IRS - Criminal Investigation is proud to have been a part of this investigative team that helped to bring down and dismantle this massive health care conspiracy.”
“Throughout the course of this long-running investigation, Postal Inspectors, federal prosecutors and our law enforcement partners have diligently worked to unravel this elaborate bribery conspiracy,” Acting Inspector in Charge Judy Ramos of the U.S. Postal Inspection Service said. “Although, the final defendants in this matter face sentencing today, Postal Inspectors will continue to tirelessly investigate complex fraud schemes that target consumers and businesses through the U.S. Mail.”
In addition to the prison terms, Judge Chesler sentenced the Nicolls to one year of supervised release.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Ehrie; U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Lampert; IRS–Criminal Investigation, under the direction of Acting Special Agent in Charge Jackson, and inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Ramos, with the investigation leading to today’s sentencings.
The government is represented by Senior Litigation Counsel Joseph N. Minish; Assistant U.S. Attorney Danielle Alfonzo Walsman, Co-Chief of the Public Protection Unit; Jacob T. Elberg, Chief of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark; and Senior Litigation Counsel Barbara Ward of the office’s Asset Recovery and Money Laundering Unit.
Defense counsel: David Nicoll: John C. Whipple Esq., Chatham, New Jersey
Scott Nicoll: Timothy M. Donohue Esq., West Orange, New JerseyPittsburgh Woman Sentenced to Probation with Home Confinement for Operating a Forged Prescription RingRead the Press Release
PITTSBURGH, Pa – An Allegheny County resident has been sentenced in federal court to 54 months probation, with 11 months of home confinement, and ordered to pay $3,434 in restitution on her conviction of conspiracy to commit offenses against the United States, United States Attorney Scott W. Brady announced today.
United States District Judge Mark R. Hornak imposed the sentence on Tynesha Renee Dorsey, 46, of Pittsburgh, PA.
According to information presented to the court, Dorsey, and two codefendants operated a forged prescription ring. Prescriptions were forged with the names, DEA numbers, medical license numbers, and signatures of real medical doctors. The prescriptions, most of which were forged for oxycodone and Percocet, were filled at a large number of Western Pennsylvania pharmacies and primarily paid for with Medicaid funds. The fraudulently obtained prescription pills were then sold on the street for substantial profit.
Assistant United States Attorney Robert S. Cessar prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation, Drug Enforcement Administration, Pittsburgh Bureau of Police, Brentwood Police Department, Mt. Pleasant Police Department and Bellevue Police Department for the investigation leading to the successful prosecution of Dorsey.
Philadelphia, Pennsylvania, Man Sentenced to 60 Months for Cocaine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Angel Vega, age 44, of Philadelphia, Pennsylvania, was sentenced to 60 months imprisonment and 3 years supervised release for Possession With Intent To Distribute Cocaine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A) and Title 18, United States Code, Section 2. The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.
The Indictment alleges that on or about October 16, 2017, within the Eastern District of Oklahoma, the defendant did knowingly and intentionally possess with intent to distribute 5 kilograms or more of a mixture or substance containing a detectable amount of cocaine a Schedule II controlled substance.
United States Attorney Brian J. Kuester said, “Because of the diligent efforts of the Oklahoma Highway Patrol and the DEA, hundreds of thousands of dosage units of illegal narcotics were prevented from reaching their intended destination and a drug trafficking organization was disrupted. I commend the law enforcement agents and the members of this office for their work and continued dedication to public safety.”
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.
Philadelphia Man Charged with Possession of Firearm by a Convicted FelonRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced today that Nafis Mullins, 26, of Philadelphia, has been charged by indictment with possession of a firearm by a convicted felon.
According to the indictment, on May 1, 2018, Mullins was in possession of a Glock, Inc., Model 22, .40 caliber semiautomatic pistol, s/n YC689US, loaded with 16 live rounds of ammunition.
If convicted, Mullins faces a minimum term of fifteen years in prison, up to five years of supervised release, a $250,000 fine, and a $100 special assessment.
The case was investigated by the Philadelphia Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Katherine E. Driscoll.
Pennsylvania Man Sentenced to Federal Prison for Robbery He Committed with Former Member of the Baltimore Police Department’s Gun Trace Task ForceRead the Press Release
Baltimore, Maryland – United States District Judge Catherine C. Blake sentenced Thomas Robert Finnegan, age 38, of Easton, Pennsylvania, today to 102 months in prison, followed by three years of supervised release, for robbery and brandishing a firearm in furtherance of a crime of violence stemming from a 2014 robbery of a Baltimore city couple. Co-defendant David Kendall Rahim, age 42, of Baltimore, Maryland, was sentenced on March 9, 2018, to five years in prison. Judge Blake also ordered both men to pay $20,000 in restitution to the victims.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
Rahim’s cousin, Detective Jemell Lamar Rayam, a former member of the Baltimore Police Department’s Gun Trace Task Force (GTTF), was also charged in the robbery. On October 10, 2017, Rayam, age 38, of Owings Mills, Maryland, pleaded guilty to the robbery, as well as racketeering conspiracy and overtime fraud, and is awaiting sentencing.
According to the plea agreements of Finnegan and Rahim, on June 27, 2014, police officers with the GTTF, including Detective Rayam, executed a search warrant at a store that sold pigeons and birdseed. No illegal contraband or firearms were found at the location. The storeowners, a married couple, had $20,000 in cash at the store that they intended to use to pay off tax liabilities owed on two homes.
After the search, Rayam told Finnegan and Rahim about the money and agreed to rob the couple at their residence later that evening. Using a law enforcement database, the former GTTF detective located the home address of the victims. The defendants surveilled the house, then Rayam gave Finnegan and Rahim BPD tactical gear to impersonate the police during the home invasion. Rayam remained outside in the vehicle so that he could intercept any police officers who responded to the home invasion by telling them that he was a BPD officer. Finnegan and Rahim entered the residence and robbed the victims at gunpoint of the $20,000. During the robbery, Finnegan pointed a gun at one of the victims and said to “sit still and be patient,” while Rahim looked on. Rahim, Finnegan, and Rayam split the proceeds.
United States Attorney Robert K. Hur commended the FBI for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Derek E. Hines and Leo J. Wise, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
Pennsylvania Husband and Wife Indicted for Tax EvasionRead the Press Release
A federal grand jury returned an indictment yesterday against an Aliquippa, Pennsylvania husband and wife charging them with conspiracy to defraud the United States and tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Scott W. Brady for the Western District of Pennsylvania.
According to the indictment, from 2005 to 2016, William and Danielle Rains engaged in a scheme to evade the payment of William Rains’s federal income taxes. The Rainses allegedly used nominees and multiple bank accounts, and filed false forms with the Internal Revenue Service to conceal William Rains’s income and assets from the IRS.
The indictment further alleges that William Rains failed to file individual income tax returns for tax years 1997, 1999, 2003, 2004, 2005, and 2006 despite earning taxable income in those years, and allegedly filed false 2000 and 2001 returns that reported zero income. The indictment also charges that for these years as well as 2008, William Rains has been assessed over $200,000 in taxes by the IRS.
If convicted, William and Danielle Rains each face up to 10 years in prison, a term of supervised release, restitution and monetary penalties. An indictment is an accusation. A defendant is presumed innocent until proven guilty.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Brady thanked the special agents of IRS-Criminal Investigation who investigated the case, and Trial Attorneys Shawn Noud and Christopher O’Donnell of the Tax Division, who are prosecuting the case.
New Haven Man Sentenced to 6 Years in Federal Prison for Gang-Related Drug and Gun OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that DELTON PYLES, also known as “Koolie,” 29, of New Haven, was sentenced yesterday by Chief U.S. District Judge Janet C. Hall in New Haven to 72 months of imprisonment, followed by five years of supervised release, for his role in a violent New Haven street gang.
According to court documents and statements made in court, in January 2014, ATF and the New Haven Police Department began “Operation Red Side” through a series of controlled narcotics purchases and firearms seizures. The investigation revealed that members and associates of the Red Side Guerilla Brims (“RSGB”), a sect of the Bloods street gang based in New Haven, were engaged in narcotics trafficking and related acts of violence, including murder, attempted murder, assaults and armed robberies. In addition to distributing crack cocaine and other narcotics in and around New Haven, the investigation indicated that members and associates of the RSGB, under the direction of Jeffrey Benton and others, transported the drugs to Bangor, Maine, and sold them in Bangor and its surrounding communities. The RSGB also traded narcotics for firearms and used drug addicts as straw purchasers of firearms. Members then brought the firearms back to New Haven and distributed them to gang members.
PYLES was a member of the RSGB. The investigation revealed that PYLES was a crack cocaine dealer in the New Haven area, and he supplied other RSGB members with distribution quantities of crack. On March 19, 2012, PYLES and others were involved in a shootout with a rival gang on South Genessee Street in New Haven. Although more than 20 rounds were fired, no one was injured. The gun that PYLES used during the shooting had been acquired from a straw purchaser in Maine.
PYLES has been detained since his arrest on June 26, 2015. On September 8, 2015, he pleaded guilty to attempted assault with a dangerous weapon in aid of racketeering, brandishing a firearm in furtherance of a crime of violence, and conspiracy to distribute 28 grams or more of crack cocaine.
As a result of this investigation, 21 members and associates of the RSGB were convicted of federal charges in Connecticut and Maine. The investigation has resolved seven murder cases, four attempted murders and four armed robberies that occurred in 2011 and 2012.
Benton pleaded guilty to various offenses stemming from this investigation and admitted that he participated in four gang-related murders and one attempted murder. On October 4, 2017, he was sentenced to 480 months of imprisonment.
This investigation has been conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New Haven Police Department, the Connecticut Department of Correction, the Connecticut State Police, the U.S. Drug Enforcement Administration, the Maine Drug Enforcement Agency and the Hamden Police Department. The New Haven State’s Attorney’s Office also provided critical assistance in the investigation.
An instrumental component of the investigation has been the work of the Connecticut State Crime Laboratory in utilizing the National Integrated Ballistic Information Network (NIBIN) to analyze ballistics evidence.
This matter is being prosecuted in the District of Connecticut by Assistant U.S. Attorneys Jocelyn Kaoutzanis and Peter Markle. A related case in the District of Maine is being prosecuted by Assistant U.S. Attorney Joel Casey.
Nashua Man Sentenced to 27 Months in Prison for Failing to Register as a Sex OffenderRead the Press Release
Concord - United States Attorney Scott W. Murray announced that Thomas William Hickey, 34, of Nashua was sentenced on Tuesday to serve 27 months in prison for failing to register as a sex offender.
According to statements made in court, Hickey was convicted in Florida in 2003 of lewd or lascivious molestation of a 12-year-old girl. As a result of that conviction, he was required by law to register as a sex offender. After his release from prison, Hickey later registered as a sex offender in Florida and Massachusetts.
In July of 2017, the Nashua Police Department reported to the United States Marshals Service (USMS) that it had received a tip that Hickey was a sex offender who had been living in Nashua for a period of months without registering. The USMS confirmed with Massachusetts authorities that Hickey was in fact a sex offender who had been living in Massachusetts. The Massachusetts authorities were unaware that Hickey had moved to New Hampshire.
Hickey later was interviewed by a Deputy U.S. Marshal and a Nashua Police Detective and admitted that he had moved to New Hampshire in 2017 because he did not want people to know he was a sex offender.
Hickey previously pleaded guilty to this offense on February 6, 2018. After serving his prison sentence, he will be on supervised release for five years.
“Maintaining the safety of our children is a primary objective of the U.S. Attorney’s Office.” said U.S. Attorney Murray. “By aggressively prosecuting sex offenders who fail to comply with their registration obligations, we are attempting to protect our community’s children from being victimized. I am grateful to the United States Marshals Service and the Nashua Police Department for locating this individual who sought to prevent the public from learning about his status as a sex offender.”
“This investigation was a combined effort between the New Hampshire Joint Fugitive Task Force and the Nashua NH Police Department. Since the inception of the New Hampshire Joint Fugitive Task Force in 2002, these partnerships have resulted in over 7,029 arrests,” said Chief Deputy Brenda Mikelson of the USMS. “These arrests have ranged in seriousness from murder, assault, unregistered sex offenders, probation and parole violations and numerous other serious offenses. Nationally the USMS fugitive programs are carried out with local law enforcement in 94 district offices, 85 local fugitive task forces, 8 regional task forces, as well as a growing network of offices in foreign countries.”
This case was investigated by the USMS and the Nashua Police Department. The case was prosecuted by Assistant U.S. Attorney Arnold Huftalen.
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Mountain Brook Man Sentenced to Nearly Three Years in Prison for Cyberstalking Former Girlfriend and Associate of HersRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Mountain Brook man to nearly three years in prison for cyberstalking, including threatening to kill, a former girlfriend and a second woman associated with her, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp Jr.
U.S. District Judge Karon O. Bowdre sentenced STEPHEN PARKS LEWIS, 32, to two years and nine months in prison on two counts of cyberstalking. Lewis pleaded guilty to the charges in January. Along with the prison sentence, Judge Bowdre ordered Lewis to serve three years of supervised release following his prison term. She prohibited him from any contact with his victims or their extended families during his supervised release, and ordered him to undergo in-patient treatment for drug and alcohol abuse during the first year of his release.
“Lewis used Facebook, emails, text messages and voicemails to harass and threaten a young woman who broke off an abusive relationship with him, and when he could no longer find her, he turned his cyberstalking and cruel threats on her family. He even threatened to kill the woman who was dating his victim’s brother, as well as the woman’s six-year-old child,” Town said. “Prison is the best destination for someone who methodically torments and terrifies his victims.”
“Lewis will now answer for his sustained and menacing cyberstalking,” Sharp said. “This prison sentence should send the message that the FBI and our partners will hold accountable those who would use modern communication methods to deliver threats and intimidation.”
According to court documents, Lewis’s threats to the woman who had ended their five-year dating relationship included claims that he would commit a mass shooting akin to the one in Las Vegas last year, in which 58 people were killed and more than 500 wounded, if she did not submit to his demands. His cyberstalking went on for at least 10 months in 2017 and he threatened his harassment would “continue forever.”
The second woman Lewis threatened and harassed was the girlfriend of his first victim’s brother. Lewis used Facebook and text messages to threaten her, including threats to stalk and kill her and her minor daughter.
Among Lewis’ often profane Facebook messages to his second victim, he demanded to know where he could find his former girlfriend. “I have your phone number. I have your address. I know where [Victim-1’s brother] lives. I know where you live,” he wrote, according to his plea agreement. “You tell me where she is. You tell me whats (sic) going on. Or I’m coming with a desert eagle .45.” Following that message, Lewis sent a photo of a Desert Eagle pistol to Victim 2.
The FBI investigated the case, which Assistant U.S. Attorney Mohammad Khatib prosecuted.
More than 2,300 Suspected Online Child Sex Offenders Arrested Nationwide During Operation “Broken Heart”Read the Press Release
The Department of Justice today announced the arrest of more than 2,300 suspected online child sex offenders during a three-month, nationwide, operation conducted by Internet Crimes Against Children (ICAC) task forces. The task forces identified 195 offenders who either produced child pornography or committed child sexual abuse, and 383 children who suffered recent, ongoing, or historical sexual abuse or production of child pornography. In Washington State 47 offenders who were sharing images of child sexual abuse over peer-to-peer networks were identified and arrested.
The 61 ICAC task forces, located in all 50 states and comprised of more than 4,500 federal, state, local and tribal law enforcement agencies, led the coordinated operation known as “Broken Heart” during the months of March, April, and May 2018. During the course of the operation, the task forces investigated more than 25,200 complaints of technology-facilitated crimes against children and delivered more than 3,700 presentations on Internet safety to over 390,000 youth and adults.
"No child should ever have to endure sexual abuse," Attorney General Jeff Sessions said. "And yet, in recent years, certain forms of modern technology have facilitated the spread of child pornography and created greater incentives for its production. We at the Department of Justice are determined to strike back against these repugnant crimes. It is shocking and very sad that in this one operation, we have arrested more than 2,300 alleged child predators and investigated some 25,200 sexual abuse complaints. Any would-be criminal should be warned: this Department will remain relentless in hunting down those who victimize our children."
“Sadly, Washington State consistently ranks among the top states for the sharing of images of child rape and molestation across peer-to-peer file sharing networks,” said U.S. Attorney Annette L. Hayes. “I commend the investigators who do the difficult work of investigating those who create and share these horrific images. Their work puts predators behind bars where they cannot continue to hurt children.”
In Washington State the leads for peer-to-peer sharing of child pornography average 18,000-24,000 annually, putting the state in the top five with California, New York, Texas and Florida. The Washington ICAC focused specifically on the problem of peer-to-peer file sharing during Operation Broken Hearts.
The operation targeted suspects who: (1) produce, distribute, receive and possess child pornography; (2) engage in online enticement of children for sexual purposes; (3) engage in the sex trafficking of children; and (4) travel across state lines or to foreign countries and sexually abuse children.
The ICAC Program is funded through the Department’s Office of Juvenile Justice and Delinquency Prevention (OJJDP). In 1998, OJJDP launched the ICAC Task Force Program to help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communication systems or computer technology to exploit children. To date, ICAC Task Forces have reviewed more than 775,000 complaints of child exploitation, which resulted in the arrest of more than 83,000 individuals. In addition, since the ICAC program's inception, more than 629,400 law enforcement officers, prosecutors and other professionals have been trained on techniques to investigate and prosecute ICAC-related cases.
For more information, visit the ICAC Task Force webpage at: https://www.icactaskforce.org/. For state-level Operation Broken Heart results, please contact the appropriate state ICAC task force commander. Contact information for task force commanders are available online at: https://www.icactaskforce.org/Pages/ContactsTaskForce.aspx.
More Than 50 Defendants Charged in Joint Federal and State Narcotics Investigation Centered on West Side of ChicagoRead the Press Release
CHICAGO — More than 50 individuals, including an alleged Mexico-based drug trafficker and a Wisconsin-based courier, are facing criminal charges as part of a joint federal and state investigation into heroin and fentanyl sales in Chicago.
The investigation, dubbed “Operation Full Circle,” centered on drug sales on the city’s West Side, and resulted in the seizure of more than two kilograms of heroin, a kilogram of fentanyl, and 300 pounds of marijuana. Authorities also seized 17 illegal firearms, including three rifles, and approximately $8,000 in narcotics proceeds.
One of the defendants offered to kidnap a man who allegedly owed a debt to Mexico-based narcotics traffickers in exchange for cash and drugs. The defendant was arrested and a search of his vehicle revealed two firearms, steel chains and duct tape. Two other defendants engaged in a handgun-for-heroin transaction in December of last year, according to the federal charges.
The probe was conducted under the umbrella of the Organized Crime Drug Enforcement Task Force (OCDETF), in cooperation with the Chicago High Intensity Drug Trafficking Task Force (HIDTA). OCDETF is a partnership between federal, state and local law enforcement agencies, whose principal mission is to identify, disrupt and dismantle the most serious drug trafficking organizations.
Criminal complaints and affidavits filed in U.S. District Court in Chicago charge seven defendants with various drug offenses, and two defendants with firearm offenses. Several of the federal defendants were arrested Tuesday. Detention hearings for some of the federal defendants will be held on June 22, 2018, before U.S. Magistrate Judge Daniel G. Martin.
Forty-eight other defendants were charged in state complaints, and many of them were also arrested Tuesday. They have begun making initial appearances in Cook County Criminal Court.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Brian McKnight, Special Agent-in-Charge of the Chicago Field Division of the U.S. Drug Enforcement Administration; Celinez Nunez, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; Nicholas Roti, Director of HIDTA; Kimberly M. Foxx, Cook County State’s Attorney; Eddie Johnson, Superintendent of the Chicago Police Department; and Gabriel L. Grchan, Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago. Substantial assistance was provided by HIDTA DEA Group 43, the U.S. Marshals Service, and the U.S. Postal Inspection Service in Chicago. Assistant U.S. Attorneys John Mitchell and Grayson Walker are representing the government.
According to the federal complaints, KRZYSZTOF RAK, 60, operates a drug trafficking organization in Mexico, and works with CHRISTOPHER J. DOSS, 47, of Racine, Wisc., to distribute wholesale quantities of fentanyl to customers in the Chicago area. DONALD HOLMES, SR., 56, of Chicago, and IVAN WALTON, 45, of Lynwood, participated in the organization by regularly distributing Rak’s narcotics in the Chicago area and collecting payment from customers, according to the charges. The federal complaints describe a meeting earlier this year between Doss and Walton in a restaurant parking lot in south suburban Matteson. During the meeting, Doss supplied Walton with more than 880 grams of fentanyl, the charges allege. Law enforcement conducted surveillance of the transaction after securing court authorization to wiretap certain telephones.
In another narcotics transaction described in the federal complaints, NAKIA MCCLINIC, 43, of Chicago, attempted to deliver heroin and fentanyl to an individual who had received the drug order from DESHAWN MOORE, 24, of Bellwood. Law enforcement was watching when McClinic arrived at the meeting in a parking lot near the University of Illinois at Chicago, the complaints state. Officers attempted to pull over McClinic’s vehicle but he sped off, tossing the drugs out of the driver’s side window, the charges allege. McClinic’s vehicle was successfully stopped a short while later, and the narcotics were recovered nearby.
The kidnapping plot involved TEKOA Q. TINCH, 30, of Bloomington, Ill., who allegedly agreed to carry out the kidnapping in exchange for drugs and a split of any money recovered from the victim. Last month, Tinch met with an undercover law enforcement officer, who was posing as a representative of the Mexico-based group, in a grocery store parking lot in the Little Village neighborhood of Chicago, the complaints state. During the meeting, Tinch accepted a sham kilogram of cocaine as a purported down payment on the kidnapping, the complaints state. Tinch was then arrested and his car was searched, revealing the guns, duct tape and chains, the charges allege.
The public is reminded that a complaint contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory United States Sentencing Guidelines.
More Than 2,300 Suspected Online Child Sex Offenders Arrested During Operation "Broken Heart"Read the Press Release
St. Louis —The Department of Justice announced the arrest of more than 2,300 suspected online child sex offenders during a three-month, nationwide, operation conducted by Internet Crimes Against Children (ICAC) task forces. The task forces identified 195 offenders who either produced child pornography or committed child sexual abuse, and 383 children who suffered recent, ongoing, or historical sexual abuse or production of child pornography.
The 61 ICAC task forces, located in all 50 states and comprised of more than 4,500 federal, state, local and tribal law enforcement agencies, led the coordinated operation known as “Broken Heart” during the months of March, April, and May 2018. During the course of the operation, the task forces investigated more than 25,200 complaints of technology-facilitated crimes against children and delivered more than 3,700 presentations on Internet safety to over 390,000 youth and adults.
On April 4, 2018, in federal court in the Eastern District of Missouri, Daniel Garrison was charged by complaint with Attempt Enticement of a Child. On April 12, 2018, Garrison was indicted federally on one count of Enticement of a Child, one count of Attempt Enticement of a Child and one count of Possession of Child Pornography. Garrison was arrested after he used the internet to arrange to meet an undercover officer posing as a minor for sexual purposes. Investigation determined that, in 2017, Garrison had met a minor through Craigslist and engaged in sexual contact. A forensic examination of Garrison’s laptop computer found child pornography videos.
"No child should ever have to endure sexual abuse," Attorney General Jeff Sessions said. "And yet, in recent years, certain forms of modern technology have facilitated the spread of child pornography and created greater incentives for its production. We at the Department of Justice are determined to strike back against these repugnant crimes. It is shocking and very sad that in this one operation, we have arrested more than 2,300 alleged child predators and investigated some 25,200 sexual abuse complaints. Any would-be criminal should be warned: this Department will remain relentless in hunting down those who victimize our children."
The operation targeted suspects who: (1) produce, distribute, receive and possess child pornography; (2) engage in online enticement of children for sexual purposes; (3) engage in the sex trafficking of children; and (4) travel across state lines or to foreign countries and sexually abuse children.
The ICAC Program is funded through the Department’s Office of Juvenile Justice and Delinquency Prevention (OJJDP). In 1998, OJJDP launched the ICAC Task Force Program to help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communication systems or computer technology to exploit children. To date, ICAC Task Forces have reviewed more than 775,000 complaints of child exploitation, which resulted in the arrest of more than 83,000 individuals. In addition, since the ICAC program's inception, more than 629,400 law enforcement officers, prosecutors and other professionals have been trained on techniques to investigate and prosecute ICAC-related cases.
For more information, visit the ICAC Task Force webpage at: https://www.icactaskforce.org/. For state-level Operation Broken Heart results, please contact the appropriate state ICAC task force commander. Contact information for task force commanders are available online at: https://www.icactaskforce.org/Pages/ContactsTaskForce.aspx
Montana Man Sentenced to 36 Months in Prison for Designing Fraudulent Mail Solicitations for Use in Transnational Elder Fraud SchemeRead the Press Release
On June 12, 2018, Thomas Ressler, 66, of Whitehall, Montana, was sentenced by the U.S. District Court in Helena to serve 36 months in prison for designing dozens of fraudulent solicitations used in an international mail-fraud scheme. On February 22, 2018, Ressler pleaded guilty to conspiracy to commit mail fraud.
“This defendant used his artistic abilities to advance a scheme that defrauded thousands of elderly victims,” said Acting Assistant Attorney General Chad Readler, head of the Justice Department’s Civil Division. “The Department of Justice will continue to hold accountable those who knowingly facilitate fraud against America’s seniors.”
Ressler created more than 200 fraudulent sweepstakes and prize-notification letters that falsely informed recipients they could claim cash or other valuable prizes by submitting a processing or delivery fee. The letters appeared to come from official-sounding but fictitious entities with names like Cash Payout Disbursement Advisors, Progressive Winners Guarantors, and Vehicle Transport Company. Many of the letters included the name and signature of a purported officer or representative of the fictitious entity.
Ressler’s co-conspirators, Ryan Young and Ercan Barka, used the solicitations Ressler created to perpetrate their large-scale scheme, sending Ressler’s designed solicitations to victims throughout the United States and numerous foreign countries. Although the solicitations appeared personally directed to each recipient, Barka and Young actually sent them to thousands of recipients identified on mailing lists bought from list brokers and corporate entities. No victim who submitted a fee in response to a solicitation ever received the large cash prize or other valuable items touted in the solicitations. At most, some victims received a report listing unrelated sweepstakes or a worthless piece of jewelry.
Ercan Barka and Ryan Young previously pleaded guilty in the Eastern District of New York to conspiracy to commit mail fraud. They are awaiting sentencing.
The United States Postal Inspection Service investigated this case. Trial Attorney John W. Burke of the Civil Division’s Consumer Protection Branch is prosecuting it.
For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
Montana Man Sentenced to 36 Months in Prison for Designing Fraudulent Mail Solicitations for Use in Transnational Elder Abuse SchemeRead the Press Release
WASHINGTON – On June 12, 2018, Thomas Ressler, 66, of Whitehall, Montana, was sentenced by the U.S. District Court in Helena to serve 36 months in prison for designing dozens of fraudulent solicitations used in an international mail-fraud scheme. On February 22, 2018, Ressler pleaded guilty to conspiracy to commit mail fraud.
“This defendant used his artistic abilities to advance a scheme that defrauded thousands of elderly victims,” said Acting Assistant Attorney General Chad Readler, head of the Justice Department’s Civil Division. “The Department of Justice will continue to hold accountable those who knowingly facilitate fraud against America’s seniors.”
Ressler created more than 200 fraudulent sweepstakes and prize-notification letters that falsely informed recipients they could claim cash or other valuable prizes by submitting a processing or delivery fee. The letters appeared to come from official-sounding but fictitious entities with names like Cash Payout Disbursement Advisors, Progressive Winners Guarantors, and Vehicle Transport Company. Many of the letters included the name and signature of a purported officer or representative of the fictitious entity.
Ressler’s co-conspirators, Ryan Young and Ercan Barka, used the solicitations Ressler created to perpetrate their large-scale scheme, sending Ressler’s designed solicitations to victims throughout the United States and numerous foreign countries. Although the solicitations appeared personally directed to each recipient, Barka and Young actually sent them to thousands of recipients identified on mailing lists bought from list brokers and corporate entities. No victim who submitted a fee in response to a solicitation ever received the large cash prize or other valuable items touted in the solicitations. At most, some victims received a report listing unrelated sweepstakes or a worthless piece of jewelry.
Ercan Barka and Ryan Young previously pleaded guilty in the Eastern District of New York to conspiracy to commit mail fraud. They are awaiting sentencing.
The United States Postal Inspection Service investigated this case. Trial Attorney John W. Burke of the Civil Division’s Consumer Protection Branch is prosecuting it.
For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
Mexican National Pleads Guilty to Illegally Reentering the United StatesRead the Press Release
Defendant had a prior removal for illegally entering the United States
BECKLEY, W.Va. – Ezequias De Los Santos-Ruiz entered a guilty plea to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Santos-Ruiz, 23, of Oaxaca, Mexico faces up to 2 years of incarceration, a $250,000 fine, supervised release for one year, and a special assessment of $100 when he is sentenced on October 3, 2018. Santos-Ruiz also faces removal proceedings at the conclusion of any sentence of incarceration. United States Attorney Mike Stuart praised the work of the West Virginia State Police and Immigration and Customs Enforcement (ICE).
“It’s simple,” said United States Attorney Mike Stuart. “If you cross the border illegally and are found in our jurisdiction, we will prosecute you.”
On March 15, 2018, Santos-Ruiz was a passenger in a car that was stopped by the West Virginia State Police near Beaver, Raleigh County, West Virginia. Once stopped, he offered to the Trooper a Mexican Identification document. The Trooper immediately contacted ICE agents to confirm alienage. ICE spoke to Santos-Ruiz and confirmed that he was not legally present in the United States. ICE agents drove to the area and placed Santos-Ruiz under arrest. ICE agents further submitted Santos-Ruiz’s fingerprints for a forensic examination. The results of the examination matched him to a prior removal from the United States in 2017 from Kingsville, Texas. After being deported, Santos-Ruiz illegally reentered the United States without lawful permission from the Secretary of Homeland Security. Santos-Ruiz is a citizen of Mexico.
Assistant United States Attorney Erik S. Goes handled the prosecution. Judge Irene C. Berger presided over the plea hearing.
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Mescalero Apache Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Patrick Moquino, 39, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty this afternoon in federal court in Las Cruces, N.M., to an assault charge.
Moquino was arrested on July 11, 2017, on a criminal complaint charging him with assaulting a Mescalero Apache man by punching and kicking the victim in the head. Moquino subsequently was indicted on Nov. 8, 2017, and charged with assault resulting in serious bodily injury. According to the indictment, Moquino committed the assault on March 14, 2017, on the Mescalero Apache Indian Reservation in Otero County, N.M.
During today’s proceedings, Moquino pled guilty to the indictment and admitted that on March 14, 2017, he assaulted the victim by punching and kicking the victim while the victim was lying on the ground. Moquino further admitted that the victim suffered a fractured nasal bone and head trauma as the result of the assault.
At sentencing, Moquino faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Manchester Man Sentenced to 32 Years in Connection with Violent Carjacking SpreeRead the Press Release
LONDON, Ky., — Timothy Lawson, 31, of Manchester, Ky., was sentenced today, to 32 years in federal prison, by United States District Judge Claria Horn Boom, on counts of brandishing and discharging a firearm during a carjacking.
Lawson entered a guilty plea to the charges in November of last year. According to the plea agreement, on July 21, 2016, Lawson unlawfully entered the residence and waited on the homeowner to return. When the homeowner arrived, Lawson met her, brandished a stolen shotgun, and threatened to kill her if she did not give him the keys to her vehicle. The homeowner complied and Lawson drove off in her vehicle. A short time later, Lawson wrecked the stolen vehicle and a family who saw the wreck and stopped to render assistance. Lawson then approached their vehicle, and again brandished the shotgun. Lawson also discharged the shotgun, firing a shot over the top of the family’s vehicle. Lawson ordered the family out of the vehicle, which he then stole. Lawson subsequently fled from the police and was arrested several days later.
Under federal law, Lawson must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for three years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart Lowrey, Special Agent In-Charge of the ATF; Richard Sanders, Commissioner of the Kentucky States Police; Chris Fultz, Chief of the Manchester Police Department; Kelly Shouse, Owsley County Sheriff; and Kevin Johnson, Clay County Sheriff, jointly announced the sentence.
The investigation was conducted by the ATF, the Kentucky State Police, the Manchester Police Department, the Owsley County Sheriff’s Office, and the Clay County Sheriff’s Office. The government was represented by Assistant United States Attorney W. Samuel Dotson.
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.
Manchester Man Sentenced to 180 Months in Prison for Illegal Firearm PossessionRead the Press Release
CONCORD - Michael Roman Burghardt, 34, of Manchester, was sentenced to serve 180 months in federal prison for illegally possessing a firearm, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, law enforcement agents began an investigation after receiving information from a reliable source that Burghardt was carrying a firearm. At the time, Burghardt was a previously convicted felon and could not legally possess any firearms. On arresting Burghardt on an unrelated warrant, agents found him to be carrying a gun consistent with the information they had received.
Burghart, who previously pleaded guilty on December 8, 2017, will be on supervised release for three years after serving his sentence.
“In order to keep our community safe, we must keep guns out of the hands of criminals,” said U.S. Attorney Murray. “We will continue to work closely with our law enforcement partners to reduce violence by aggressively enforcing federal law. I commend the work of the law enforcement officers whose work led to this prosecution.”
“Today’s sentencing is another example of the importance of law enforcement partnerships and their effectiveness in protecting the safety and security of communities,” said Special Agent in charge Mickey Leadingham of the Bureau of Alcohol, Tobacco, Firearms and Explosives. “ATF’s top priority is to combat violent crime and keep guns out of the hands of violent offenders and keep criminals off the streets.”
This matter was investigated by the Manchester Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant U.S. Attorney Anna Dronzek.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Man Sentenced to 78 Months in Federal Prison for Sex Trafficking and Illegal Firearm PossessionRead the Press Release
EUGENE, Ore. – Anthony Ballard Jones, 36, was sentenced today to 78 months in federal prison for the interstate transport of individuals for prostitution and being a felon in possession of a firearm. Jones will serve a five year term of supervised release upon the conclusion of his prison sentence.
According to court documents, Jones transported two adult female victims from Idaho to Oregon so they could engage in commercial sex acts. His first victim had been with Jones for approximately eight months prior to Jones’ arrest, and Jones met his second victim in Boise, Idaho, in March 2015. She was homeless at the time, and Jones offered her drugs and convinced her that prostitution could make her rich. After originally telling Jones that she did not want to engage in prostitution, she later agreed to do so.
Jones would talk menacingly about “regulating” his victims and keeping them “in check” in order to intimidate them. On March 7, 2015, at a motel in Eugene, a planned commercial sex act fell apart when the second victim decided not to participate. The John became upset, started tearing at the second victim’s clothing, and threatened to return with a gun. After this incident, Jones threatened to leave the second victim stranded in Oregon if she did not continue to engage in prostitution. The police investigated the disturbance at the motel and subsequently contacted Jones. Jones, a convicted felon, was found in possession of a pistol and was arrested.
Jones previously pleaded guilty to one count each of interstate transport for prostitution and felon in possession of a firearm on Tuesday, November 21, 2017.
This case was investigated by the FBI and Eugene Police Department, and prosecuted by Jeffrey S. Sweet, Assistant U.S. Attorney for the District of Oregon.
Man Pleads Guilty to Drug Trafficking and Firearms CrimesRead the Press Release
NORFOLK, Va. – A Portsmouth man pleaded guilty today to possession with intent to distribute cocaine and possessing firearms during a drug trafficking crime.
According to court documents, Antwon Grant, 45, was involved in a large scale drug organization that stretched from Virginia to Maryland, DEA agents obtained a search warrant for storage unit Grant rented at a facility in Chesapeake. A court authorized search of the self-storage unit revealed 662 grams of cocaine and five firearms.
Grant pleaded guilty to possession with intent to distribute cocaine, and possession of a firearm during a drug trafficking offense. He faces a maximum penalty of life in prison when sentenced on September 18. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case 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.
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 Raymond A. Jackson accepted the plea. Assistant U.S. Attorney William D. Muhr is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-50.
MS-13 Gang Member Pleads Guilty to Attempted Murder in QueensRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Kevin Paniagua (“Stomper”), a member of the Centrales Locos Salvatruchas clique of La Mara Salvatrucha, also known as the MS-13, a transnational criminal organization, pleaded guilty to attempted murder and firearms charges in connection with his participation in the October 23, 2016 attempted murder of a then-16-year-old in Jamaica, Queens. The proceeding was held before United States Magistrate Judge James Orenstein.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the guilty plea.
“Paniagua, a member of the MS-13 gang, admitted that he participated in the execution-style attempted murder of a sixteen-year-old youth, whom he left paralyzed,” stated United States Attorney Donoghue. “MS-13 spreads fear throughout the community by killing suspected rival gang members and others who cross their path. We will continue to work with our law enforcement partners to eradicate violent gangs and prevent our streets from turning into battlegrounds.” Mr. Donoghue thanked the Federal Bureau of Investigation and the New York City Police Department for their partnership and outstanding work on the case.
According to court filings and the defendant’s statements during his guilty plea, Paniagua and other MS-13 members and associates orchestrated and attempted to murder a then sixteen-year-old boy because they suspected he was a member of the rival 18th Street gang. In the early morning hours of October 23, 2016, Paniagua and his coconspirators sought out the victim and laid in wait to intercept him as he walked through the streets of Queens. When the victim walked past Paniagua and his coconspirators, they beat him. Paniagua then pulled out a gun and shot the victim in the face. He then attempted to shoot the victim a second time, as he lay motionless on the ground. The gun jammed, and Paniagua was not able to execute the victim, who was left paralyzed from his injuries.
Paniagua faces a mandatory minimum sentence of 10 years’ imprisonment and a maximum sentence of life in prison when sentenced by United States District Judge Roslynn R. Mauskopf. Upon completion of his sentence, the defendant faces deportation from the United States.
Today’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in the district, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by our law enforcement partners including the FBI’s Safe Streets Task Force, comprising agents and officers of the FBI and NYPD.
The government’s case is being handled by the Office’s Organized Crime and Gangs section. Assistant United States Attorneys Nadia E. Moore and Keith D. Edelman are in charge of the prosecution.
The Defendant:
KEVIN PANIAGUA (also known as “Stomper”)
Age: 19
Queens, New YorkE.D.N.Y. Docket No. 17-CR-307 (RRM)
Lumberton Man Sentenced for Possession of an Unregistered FirearmRead 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 RODERICK MCNEILL, 23, of Lumberton, North Carolina to 40 months of imprisonment followed by 3 years of supervised release.
MCNEILL was named in an Indictment on June 22, 2017. On March 12, 2018, MCNEILL pled guilty to one-count of Possession of an Unregistered Firearm.
On April 4, 2016, Lumberton Police Department officers responded to a complaint of shots fired in the vicinity of a business which had both a restaurant and convenience store in the same building. Upon their arrival, investigators recovered a sawed-off, 8-inch long, Braztech 20 gauge shotgun, which was thrown on the roof of a church by MCNEILL. The shotgun had a makeshift pistol grip attached to the action and barrel, which was wrapped in electrical tape. No serial number was visible on the shotgun and it was loaded with one live 20 gauge shotgun round. Investigators also discovered 3 rounds of .38 special caliber ammunition, one additional 20 gauge shotgun round, and a metal adapter which was designed to fit into the chamber of the shotgun in order to allow it to fire .38 special caliber ammunition.
On November 7, 2016, MCNEILL was arrested at his home in Lumberton on numerous outstanding warrants for charges that included conduct related to the possession of a sawed-off shotgun on April 4, 2016.
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 Lumberton Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the conducted the criminal investigation of this case. Assistant United States Attorney James J. Kurosad handled the prosecution of this case for the government.
Longview, WA, Man Sentenced to 7 years for Attempted Unlawful Sexual Acts with a MinorRead 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 Timothy Joshua Adam Carnahan, age 24, Longview, WA, on charges of Attempted Transportation to Engage in Unlawful Sexual Acts with a Minor. Judge Hovland sentenced Carnahan to serve 7 years and 6 months in federal prison, to be followed by 10 years supervised release.
This investigation was initiated by law enforcement when Carnahan responded to an ad on Craigslist that advertised the availability of a young female as an escort. Unbeknownst to Carnahan, the ad was placed online by an officer with the Bismarck Police Department acting in an undercover capacity as a 17-year-old female. Carnahan arranged to pick up the minor female at a local shopping center and take her to his residence to engage in sexual acts. Upon arrival at the shopping center, Carnahan was arrested. He was interviewed by law enforcement authorities and admitted his intent to engage in sexual acts with a minor. Carnahan has a prior sexual assault conviction from 2012 in Washington State.
This case was investigated by the Bismarck Police Department, Bureau of Criminal Investigation, and Homeland Security Investigations.
Assistant United States Attorney Gary L. Delorme prosecuted the case.
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Knox County Man Sentenced to 30 Years for Distribution of Methamphetamine and Firearm OffensesRead the Press Release
LONDON, Ky. — Donnie Garland, 52, of Corbin, Ky., was sentenced Tuesday to 30 years in federal prison, by United States District Court Judge Gregory F. Van Tatenhove, for distributing methamphetamine, possessing with intent to distribute 50 grams or more of a methamphetamine mixture, possessing a firearm in furtherance of his drug trafficking crimes, and possessing a firearm following a felony criminal conviction.
A federal jury convicted Garland of these charges, following a two-day trial, in August of 2017. During the trial, video evidence revealed that Garland sold methamphetamine, on five different occasions, and that he possessed firearms or had armed guards stationed outside of his location, during some of these sales. Evidence in the case also included a search of Garland’s residence, which uncovered more than 150 grams of methamphetamine, more than120 grams of marijuana, nearly 700 pills, and 11 firearms. This conviction represents the sixth time Garland has been convicted of a drug trafficking offense, which qualified him as an Armed Career Criminal under Federal law.
Garland must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for 8 years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Amy Hess, Special Agent in Charge of the FBI Louisville Field Division; Richard Sanders, Kentucky State Police Commissioner; and Mike Smith, Knox County Sheriff, jointly made the announcement. The United States was represented by Assistant United States Attorney Andrew H. Trimble.
Justice Department and Eau Claire County, Wisconsin, Circuit Court Partner to Ensure Equal Access for Limited English Proficient Court Users in Court Operated ClassRead the Press Release
The Justice Department today announced that it has reached an agreement with Eau Claire County Circuit Court to resolve a complaint it received from the Eau Claire Area Hmong Mutual Assistance Association alleging that Eau Claire County Circuit Court failed to provide appropriate language assistance services to limited English proficient (LEP) court users. Specifically, the complaint alleged that the court required individuals seeking a divorce to attend the “Families in Transition” class, but the class was only available in English.
The Department began working with Eau Claire County Circuit Court in September 2017, when the complainant filed its complaint alleging that the barriers to divorce proceedings based on language proficiency violated the prohibition against national origin discrimination in Title VI of the Civil Rights Act of 1964 (Title VI). Title VI requires recipients of federal financial assistance, such as courts, to provide meaningful language services to LEP individuals in all court proceedings and operations.
The resolution agreement between the Department and Eau Claire County Circuit Court outlines actions that the court has begun to take to respond to concerns raised during the federal review and the efforts the court will continue to take to ensure the ongoing provision of comprehensive language assistance for the “Families in Transition” class. The actions include, among other things, a translated notice of options available to all LEP court users required to attend the “Families in Transition” class, community engagement, and training for court staff who interact with LEP court users.
“We commend the Eau Claire County Circuit Court for its commitment to guaranteeing meaningful access to the courts for all, regardless of national origin,” said Acting Assistant Attorney General John Gore. “This collaboration between the Justice Department and Eau Claire County Circuit Court will strengthen the Court’s ability to provide equal access to the judicial process.”
The complaint was resolved as part of the Civil Rights Division, Federal Coordination and Compliance Section’s (FCS) efforts to ensure that state courts comply with Title VI’s language access requirements. No LEP individual should be denied justice because a court fails to provide language services. The FCS courts team provides policy guidance and technical assistance to state court systems and undertakes enforcement actions across the country.
Justice Department Files Lawsuit Against Borough of Woodcliff Lake, New Jersey, over Denial of Zoning Approval for Orthodox Jewish House of WorshipRead the Press Release
The Justice Department today announced that it has filed a lawsuit 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 the Valley Chabad, an Orthodox Jewish congregation located in Woodcliff Lake, to build a new place of worship on its land in the borough.
The complaint, filed in the District of New Jersey, alleges that Woodcliff Lake’s denial of a variance imposed a substantial burden on the Valley Chabad’s religious exercise. The complaint alleges that between 2005 and 2013, the Valley Chabad sought to purchase three different sites in the borough to construct a place of worship, and that the borough took steps to thwart each attempt. The complaint also alleges that after nine years of searching for a suitable location, in 2014 the Valley Chabad sought to construct a larger place 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 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. “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.”
“Federal law protects all religious communities from discrimination and unlawful barriers when they seek to build a place of worship,” said New Jersey U.S. Attorney Craig 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 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 United States Attorney’s Offices to strengthen awareness of the land use provisions of RLUIPA.
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 DOJ’s new Place to Worship Initiative is available at www.justice.gov/crt/placetoworship and at http://www.justice.gov/crt/rluipa.
The government in this case 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.
Jury Convicts Lowell Man of Heroin and Fentanyl ConspiracyRead the Press Release
BOSTON – A Lowell man was found guilty today by a federal jury in Boston of conspiring with others in the Lawrence and Lowell areas to distribute more than 40 grams of fentanyl.
Bernaldo Rosario Santiago, a/k/a Bori, 27, was convicted of one count of conspiracy to possess with intent to distribute and to distribute heroin and at least 40 grams of fentanyl. U.S. District Court Judge Denise J. Casper scheduled sentencing for Sept. 19, 2018.
On May 30, 2017, a large scale law enforcement operation dismantled two Lawrence-based drug trafficking organizations, one allegedly run by Juan Anibal Patrone, and another allegedly led by Ramon Gonzalez Nival, who was allegedly a source of supply for Patrone. Santiago was arrested and charged along with Patrone, Gonzalez Nival, and 30 co-conspirators.
According to the evidence at trial, Santiago was a redistributor for the organization and dealt in large quantities of fentanyl, which he acquired from Gonzalez Nival and others. On March 1, 2017, Santiago was stopped in Dracut carrying 89 grams of fentanyl in his pocket. In addition, Santiago was intercepted on court authorized wiretaps discussing drug transactions, including the need to “give it more of the…the fentanyl stuff so that those [expletive] fall asleep.” During the investigation, law enforcement extracted text messages with alleged drug customers from Santiago’s phone, including one text sent to Santiago that read, “Are you coming I’m sick from not doing it.”
Gonzalez Nival pleaded guilty and is scheduled to be sentenced on Sept. 5, 2018. Patrone has pleaded not guilty and is scheduled to stand trial in October 2018.
Conspiracy to possess with intent to distribute and to distribute 40 grams or more of a mixture or substance containing fentanyl is punishable by a mandatory minimum sentence of five years and up to 40 years in prison, a fine of up to $50 million, and forfeiture of any proceeds of the offense or property that facilitated the offense.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Essex County District Attorney Jonathan W. Blodgett; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Lawrence Police Chief Roy P. Vasque; and Lowell Police Acting Superintendent Jonathan C. Webb made the announcement today. Assistant U.S. Attorney Susan G. Winkler of Lelling’s Narcotics and Money Laundering Unit and David G. Lazarus, Chief of Lelling’s Asset Forfeiture Unit prosecuted the cases.
The details contained in the charging documents are allegations. The remaining defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Jury Convicts Former Postal Worker in Fraudulent SchemeRead the Press Release
HOUSTON – A federal jury has convicted a 47-year-old Humble woman of making false statements and theft of public money, announced U.S. Attorney Ryan Patrick. They deliberated for approximately an hour following less than three days of trial convicting Lisa Yvette Coffman.
Coffman was a 29-year federal postal employee. She sustained a job-related injury in 2011, but submitted more than $46,000 in false travel reimbursement claims related to that injury.
The jury heard testimony from a Department of Labor employee who explained worker’s compensation regulations. The government also presented testimony from employees from six different medical providers who explained the actual number of visits Coffman attended, a number drastically lower than was she claimed in her travel reimbursement submissions.
A special agent with U.S. Postal Service – Office of Inspector General (USPS-OIG) told the jury how they discovered the fraud which totaled $46,000.
U.S. District Judge Melinda Harmon presided over the trial and set sentencing for Sept. 14, 2018. At that time, she faces up to five years in prison for the false statements and another 10 years for theft of public money. Both convictions also carry a possible fine of $250,000.
USPS-OIG conducted the investigation. Assistant U.S. Attorneys Jennie Basile and Charlie Escher are prosecuting the case.
Illegal Alien Deported Three Times Sentenced to 29 Months in Prison for Illegal ReentryRead the Press Release
PROVIDENCE, RI – A Dominican national previously deported on three occasions was sentenced today to 29 months in federal prison for illegal reentry, announced United States Attorney Stephen G. Dambruch and C.M. Cronin, Field Office Director for United States Immigration and Customs Enforcement (ICE).
According to court records, Jose Mercedes-Leon, 45, was removed from the United States to the Dominican Republic in September 1999. In May 2002, he was removed from the United States for a second time, after completing a Rhode Island state court sentence imposed as the result of his conviction on a drug charge.
In July 2010, Mercedes-Leon was convicted in U.S. District Court in Providence for illegal reentry and sentenced to 2 years in federal prison. He was deported to the Dominican Republic for a third time on February 25, 2011.
In December 2016, Mercedes-Leon was arrested by North Smithfield Police on a Rhode Island state drug charge. He was released into the custody of ICE agents on May 2, 2017, after completing a term of incarceration at the Adult Correctional Institutions.
On March 29, 2018, Mercedes-Leon pleaded guilty before U.S. District Court Judge John J. McConnell, Jr., to illegal reentry. Mercedes-Leon faces deportation for a fourth time upon completion of his term of incarceration.
The case was prosecuted by Assistant U.S. Attorney Zechariah Chafee, Border Security coordinator for the United States Attorney’s Office for the District of Rhode Island.
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Hundreds arrested, dozens of firearms seized, 60 kilograms of cocaine and five kilograms of heroin seized as part of "Operation We Are CLE"Read the Press Release
The U.S. Marshals Service and Drug Enforcement Administration, working with federal, state and local law enforcement agencies, recently completed the first phase of “Operation We Are CLE,” resulting in the arrests of more than 200 people, confiscation of 36 firearms and seizure of 60 kilograms of cocaine and nearly five kilograms of heroin in Cleveland.
“This operation embodies the best of Project Safe Neighborhoods – working with federal and state agencies and local police to tailor a strategy that makes the most sense for specific areas,” d U.S. Attorney for the Northern District of Ohio Justin E. Herdman said. “This operation got a lot of dangerous people, firearms and dangerous drugs off the streets of Cleveland.”
U.S. Marshal for the Northern District of Ohio Peter J. Elliott said: “The US Marshals have a long history of working with Cleveland Police and other agencies to address our community’s most pressing crime issues. We are glad we were able to hold dozens of known fugitives accountable as summer starts and people go out to enjoy their city.”
From April 23 through May 18, law enforcement conducted coordinated activities focused on specific neighborhoods in Cleveland. Activities included searches for people with outstanding warrants, particularly post-release control violators, vice operations, vehicle checkpoints, traffic enforcement, and other tactics.
During that time period, firearms arrests were up 175 percent over the same period last year in a targeted police district in Cleveland. Homicides were down 20 percent citywide during the first phase of Operation We Are CLE.
It is anticipated that many of these arrests and seizures of drugs and firearms will result in charges being filed in U.S. District Court in Cleveland.
The Marshals Service, working with Cleveland police, targeted and arrested violent fugitives. The Cuyahoga County Sheriff’s Department did address checks on registered sex offenders. The FBI and Cleveland Division of Police worked together to identify and target criminals involved in firearms violence. The DEA seized 60 kilograms of cocaine, approximately 4.7 kilograms of heroin, 100 grams of a fentanyl/carfentanil mixture, seven firearms and $271,000 in cash.
Participating agencies include: the U.S. Marshals Service, DEA, the Cleveland Division of Police, the Ohio Adult Parole Authority, the Ohio State Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Cuyahoga County Sheriff’s Office, the Cuyahoga Metropolitan Housing Authority, the U.S. Attorney’s Office and the Cuyahoga County Prosecutor’s Office.
The second phase of the operation is currently underway.
Houston Man Sentenced for Trafficking Oxycodone Stolen from Arkansas PharmacyRead the Press Release
LUFKIN, Texas - A 32-year-old Houston man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
James Edward Turner pleaded guilty on Mar. 23, 2018, to possession with intent to distribute a controlled substance and was sentenced to 100 months in federal prison today by U.S. District Judge Ron Clark today. Turner was also ordered to pay restitution in the amount of $46,589.74.
According to information presented in court, on March 30, 2017, a law enforcement officer in Nacogdoches County, Texas stopped a vehicle for a traffic violation. During the stop, the officer called for a canine and ran the identifications of the passengers through law enforcement databases. Turner’s information showed a possible burglary warrant outstanding from another state. During a search of the vehicle, the officer located a laundry bag containing numerous prescription pills still in the bottles. These pills were determined to have been stolen in a burglary the previous night of a Walgreens pharmacy in Arkansas. Arkansas police spoke with the Nacogdoches Sheriff’s Office and stated they were currently investigating two Walgreens burglaries in Little Rock. A check with Walgreens records determined the pills recovered in the traffic stop were from both Walgreens burglaries. A total of 6,403 oxycodone pills, in various dosage units, were recovered. Turner was indicted on Sep. 20, 2017 and charged with drug trafficking violations.
This case was investigated by the Nacogdoches County Sheriff’s Office and the U.S. Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Paul A. Hable.
Houma Man Sentenced for Violating the Federal Controlled Substances ActRead the Press Release
ELBERT MOORE, age 36, of Houma, Louisiana, was sentenced today before the Honorable Susie Morgan. MOORE was charged by way of a bill of information with violating the Federal Controlled Substances Act.
According to the court records, MOORE conspired to possess with the intent to distribute and to distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin, a quantity of a mixture or substance containing a detectable amount of cocaine, and a quantity of a mixture or substance containing a detectable amount of methamphetamine. MOORE admitted to being captured on a Title III wire intercept.
MOORE was sentenced to 120 months in the Bureau of Prisons and eight years of supervised release following his release from prison.
This case was investigated by Special Agents of the Drug Enforcement Administration (DEA). The prosecution is being handled by Assistant United States Attorney David Haller.
Houma Man Sentenced for Violating the Federal Controlled Substances ActRead the Press Release
ELBERT MOORE, age 36, of Houma, Louisiana, was sentenced today before the Honorable Susie Morgan. MOORE was charged by way of a bill of information with violating the Federal Controlled Substances Act.
According to the court records, MOORE conspired to possess with the intent to distribute and to distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin, a quantity of a mixture or substance containing a detectable amount of cocaine, and a quantity of a mixture or substance containing a detectable amount of methamphetamine. MOORE admitted to being captured on a Title III wire intercept.
MOORE was sentenced to 120 months in the Bureau of Prisons and eight years of supervised release following his release from prison.
This case was investigated by Special Agents of the Drug Enforcement Administration (DEA). The prosecution is being handled by Assistant United States Attorney David Haller.
Honduran National Pleads Guilty to Illegal ReentryRead the Press Release
U.S. Attorney Duane A. Evans announced that Miguel Ortiz-Guevara, age 42, a citizen of Honduras, pleaded guilty today to a one-count indictment for illegal reentry of a removed alien, in violation of Title 8, United States Code, Section 1326(a).
According to court documents, on or about April 16, 2018, Miguel Ortiz-Guevara was found in the United States after having been officially deported and removed on or about September 29, 2011.
After accepting his guilty plea, U.S. District Judge Jay C. Zainey sentenced Miguel Ortiz-Guevara to time served, ordered him to serve one year of supervised release, and pay a special assessment of $100. Miguel Ortiz-Guevara will be surrendered to the custody of U.S. Immigration & Customs Enforcement for removal proceedings.
U.S. Attorney Duane A. Evans praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Fremont Business Owner Sentenced to 30 Months in Prison for Role in Visa Fraud Conspiracy, Mail Fraud, Witness Tampering, and Related CrimesRead the Press Release
SAN JOSE – Venkat Guntipally was sentenced to 30 months in prison for his role in a conspiracy to commit several crimes including visa fraud, obstruction of justice, use of false documents, and mail fraud, announced Acting United States Attorney Alex G. Tse; U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan Spradlin; and U.S. State Department, Diplomatic Security Service, San Francisco Field Office Special Agent in Charge Matthew Perlman. The sentence was handed down by the Honorable Lucy H. Koh, U.S. District Judge. Guntpally is the last of four defendants to be sentenced in connection with the visa fraud scheme.
A federal grand jury indicted Venkat Guntipally, 49, his wife, Sunitha Guntipally, 44, of Fremont, and two other defendants, Pratap “Bob” Kondamoori, 56, of Incline Village, Nev., and Sandhya Ramireddi, 58, of Pleasanton, in a 33-count indictment filed May 5, 2016. The indictment contains charges in connection with the submission of fraudulent applications for H-1B specialty-occupation work visas.
“Through this multi-year conspiracy, Mr. Guntipally and his co-conspirators exploited foreign workers for profit, defrauded the United States, and engaged in brazen obstruction of justice,” said Acting U.S. Attorney Tse. “Today’s sentence reflects that such crimes harm the nation’s immigration system and erode public trust. This office will continue to prosecute defendants who are out to make an unlawful profit and abuse our immigration laws for purely personal gain.”
“As the lead agency in this investigation, the Diplomatic Security Service demonstrated its commitment to maintaining the integrity of U.S. visas. We pursue those who fraudulently use worker visas, like the H-1B, for personal gain,” said Special Agent in Charge Perlman. “Diplomatic Security Service’s strong relationship with our law enforcement partners and the U.S. Attorney’s Office for the Northern District of California, continues to be essential in the pursuit of justice.”
“Unscrupulous actions by employers to gain an unfair advantage will not be tolerated and HSI will commit its resources to stop these types of criminals from gaming our immigration system to line their pockets with money at the cost of others,” said Ryan L. Spradlin, Special Agent in Charge of HSI operations in northern California and northern Nevada.
Venkat Guntipally pleaded guilty on April 24, 2017, at which time he admitted that he and his wife founded and owned DS Soft Tech and Equinett, two employment-staffing companies for technology firms. In addition, Guntipally admitted that between approximately 2010 and 2014, he and his wife, together with others, submitted to the government more than one hundred fraudulent petitions for foreign workers to be placed at other purported companies. The end-client companies listed in the fraudulent H-1B applications either did not exist or never received the proposed H-1B workers. None of the listed companies ever intended to receive those H-1B workers. The scheme’s intended purpose was to create a pool of H-1B workers who then could be placed at legitimate employment positions in the Northern District of California and elsewhere. Through this scheme, Venkat Guntipally, along with his co-conspirators, gained an unfair advantage over competing employment-staffing firms, and the Guntipallys earned millions in ill-gotten gains. Venkat Guntipally also admitted that he and his codefendants obstructed justice, including by directing workers to lie to investigators and by laundering money.
Venkat Guntipally was charged with one count of conspiracy, in violation of 18 U.S.C. § 371; ten counts of substantive visa fraud, in violation of 18 U.S.C. § 1546(a); seven counts of using false documents, in violation of 18 U.S.C. § 1001(a)(3); and four counts of mail fraud, in violation of 18 U.S.C. § 1341. He pleaded guilty to the conspiracy charge and the remaining charges were dismissed.
In addition to the prison term, Judge Koh ordered Venkat Guntipally to serve three years of supervised release and ordered him to forfeit $500,000. Venkat Guntipally was ordered to self-surrender on or before June 14, 2019.
All three of Venkat Guntipally’s co-defendants previously pleaded guilty to their respective roles in the scheme. Last year, Judge Koh sentenced Sunitha Guntipally to 52 months in prison, Ramireddi to 14 months’ imprisonment, and Kondamoori to 20 months’ imprisonment for their respective conduct.
Assistant U.S. Attorney Jonas Lerman is prosecuting the case with the assistance of Laurie Worthen. The prosecution is the result of an investigation led by the U.S. Department of State Diplomatic Security Service’s representative to the Document and Benefit Fraud Task Force (DBFTF) overseen by the Department of Homeland Security’s Homeland Security Investigations. The DBFTF is a multi-agency task force that coordinates investigations into fraudulent immigration documents. U.S. Citizenship and Immigration Service’s Office of Fraud Detection and National Security also assisted with the investigation.
Former Senior Chief Petty Officer Pleads Guilty to False Impersonation of a Federal Employee ChargeRead the Press Release
New Bern – United States Attorney Robert J. Higdon, Jr. announced that in federal court today THOMAS R. BOWES, 53, of Camden, North Carolina, pleaded guilty before United States Magistrate Judge James E. Gates to false impersonation of an officer or employee of the United States, all in violation of Title 18, United States Code, Section 912.
According to the Criminal Information filed on April 27, 2018, and information presented in open court, THOMAS R. BOWES retired from the U.S. Coast Guard on November 30, 2013, as a Senior Chief Petty Officer. Thereafter, he formed his own company. He choose, however, to misappropriate the U.S. Department of Homeland Security (“DHS”) seal without authorization. In his dealings with suppliers, BOWES falsely held himself out as a Sr. Sniper Instructor, Dept. Homeland Security, Southeast Task Force, and signed letters “Chief Thomas Bowes, U.S. Department of Homeland Security.” He did so to obtain various things of value, including but not limited to, expedited service from merchants, entry into various sniper competitions, and arguably, a government discount from the merchants as he sought pricing for “DHS sniper team” or the “Homeland Security Sniper Team.” In one instance, BOWES falsely represented himself as an employee of the Department of Homeland Security in an effort to secure expedited work on a firearm, writing that his “commanding officer” needed answers as they were “30 days into a hostage crises.” A search of BOWES’ emails revealed that between July 2, 2014, and November 13, 2016, he sent approximately 126 emails in which he falsely represented himself as an employee of the Department of Homeland Security.
Mr. Higdon commented: “The privilege of exercising the responsibility and powers of the federal government is protected by those laws which govern the use of the insignia, seals and other representations of federal authority. These laws ensure that those empowered by the public are the only ones who exercise that authority and they likewise protect the public from those who would defraud them under the guise of federal power. The defendant – himself a former federal official who certainly knows better – attempted to benefit himself and defraud others by claiming a position and influence he did not rightly possess. This prosecution sends a clear message to anyone else who might falsely impersonate a federal official that there will be consequences for the crime.”
“This investigation demonstrated the importance of protecting the integrity of the Department of Homeland Security (DHS) and U.S. Coast Guard (USCG) by holding accountable those who use official DHS and USCG government symbols, words and phrases to deceive or mislead the public,” commented Marty J. Martinez, Special Agent in Charge of the Coast Guard Investigative Service.
“This defendant plead guilty to false impersonation and the misrepresentation of himself as being affiliated with the Department of Homeland Security, for personal gains. This office will remain vigilant in seeking the prosecution of those, who are intent on misrepresenting the Department of Homeland Security, its 22 federal agencies, services, and programs,” said James E. Ward, Special Agent in Charge of the Department of Homeland Security, Office of Inspector General.
At sentencing, BOWES faces a maximum term of imprisonment of 3 years, and/or $250,000 fine.
The case was investigated by the United States Department of Homeland Security – Office of the Inspector General and the United States Coast Guard Investigative Service, Chesapeake Region. Assistant U.S. Attorney Banumathi Rangarajan is handling the prosecution on behalf to the Eastern District of North Carolina.
Former NYPD Deputy Chief Sentenced for Illegally Diverting Police ResourcesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that MICHAEL HARRINGTON was sentenced to two years of probation and 180 hours of community service for misapplying police resources while serving in the New York City Police Department (“NYPD”) as, among other things, a Deputy Chief and Executive Officer for the Chief of Department’s Office. He was sentenced by the U.S. District Judge Gregory H. Woods.
HARRINGTON diverted those police resources – including dispatching police officers and diverting land, sea, and air vehicles intended for the NYPD’s public service usage – for the personal benefit of Jeremy Reichberg, a private citizen, as well as Reichberg’s friends and associates.
Manhattan U.S. Attorney Geoffrey S. Berman said: “After years of service to the NYPD, Michael Harrington abused the sacred trust placed in him by the NYPD and the people of New York by applying the people’s resources, including its officers, to the interests and whims of a connected few. That Harrington’s behavior has resulted in a felony conviction is a sad but necessary reminder that, along with our law enforcement partners, we will continue to fight this type of corruption.”
In sentencing HARRINGTON, Judge Woods said: “This is a very serious offense. [T]his does matter. As a senior official of the NYPD, Mr. Harrington was entrusted to protect the public without fear or favor. He misused that trust. . . . .[H]e applied the public’s resources to provide special favors to a select few. And Mr. Harrington misdirected NYPD resources at the request of [Jeremy] Reichberg while receiving personal benefits from him.”
Reichberg and an additional co-defendant, former NYPD Deputy Inspector James Grant, continue to face honest services fraud, bribery, and conspiracy charges related to an alleged scheme in which Reichberg and another individual provided luxurious benefits to high-ranking members of the NYPD, including Grant and HARRINGTON, so as to be able to call upon those members for police-related assistance for themselves and their associates as opportunities arose. Reichberg and Grant are to face trial before Judge Woods on October 4, 2018.
According to the Superseding Information, Indictment, and Complaint filed in this case, other court filings, and statements made during court proceedings:
HARRINGTON was previously an Inspector in Brooklyn North and, beginning around November 2013, the Executive Officer in the NYPD’s Chief of Department’s Office, which is responsible for overseeing all of the Department’s uniformed operations. After November 2014, HARRINGTON was a Deputy Chief assigned to the NYPD’s Housing Bureau. Between 2011 and June 2016, HARRINGTON diverted police resources for the benefit of Reichberg and his associates, including another individual, Jona Rechnitz, who has pled guilty and is now cooperating with the Government.
During the relevant period, Reichberg and Rechnitz provided HARRINGTON with personal benefits and gifts, including tens of thousands of dollars in business to a security company run by HARRINGTON’s family members and friends, thousands of dollars’ worth of meals in high-end restaurants, hundreds of dollars’ worth of premium tickets to sporting events, and a video game system and other gifts for his children. During the same period, HARRINGTON helped Reichberg and his associates get rides in police cars for non-police purposes, used a helicopter for a flyover at a private event, and secured the use of a police boat for private boat rides at another private event. He further sent officers to resolve private, civil disputes, pressured other NYPD personnel to respond to requests from Reichberg and Rechnitz, and took steps to assist in the promotion and transfer of NYPD officers handpicked by Reichberg and Rechnitz at their request.
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In addition to the probation term, HARRINGTON, 52, of Staten Island, New York, was fined $5,000 and ordered to pay $6,000 in restitution to the NYPD.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation and the New York City Police Department, Internal Affairs Bureau.
This case is being handled by the Office’s Public Corruption Unit. Assistant United States Attorneys Martin S. Bell, Jessica Lonergan, and Kimberly J. Ravener are in charge of the prosecution.