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Wednesday 2 May 2018
Guatemalan National Charged with Illegally Reentering the United States After DeportationRead the Press Release
BOSTON – A Guatemalan national was arrested yesterday and charged in federal court in Boston with illegally reentering the United States after being deported.
Adolfo Martinez-Molina, 43, was charged in an indictment unsealed yesterday with one count of unlawful reentry of a deported alien.
Law enforcement in Waltham encountered Martinez-Molina on Sept. 17, 2017, and determined him to be illegally present in the United States. Martinez-Molina was previously deported on Aug. 3, 2016.
Martinez-Molina faces a sentence of no greater than 20 years in prison, up to three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Thomas P. Brophy, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement. Assistant U.S. Attorney Kenneth G. Shine and of Lelling’s Major Crimes Unit is prosecuting the cases.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Guatemalan Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Leodegario Guzman Roblero, age 44, and a citizen of Guatemala, was sentenced today to time served (25 days in jail) for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Guzman Roblero admitted that he was removed from the United States to Guatemala on August 26, 2011. Guzman Roblero admitted that he returned to the United States following the removal, without the necessary government permission. On April 7, 2018, ICE Officers arrested Guzman Roblero in Green Island, New York. He had been living in Troy. Guzman Roblero was also removed from the United States to Guatemala on September 29, 2010.
Following sentencing, Guzman Roblero was remanded to the custody of the Department of Homeland Security for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Grant County woman sentenced for her role in a methamphetamine distribution operationRead the Press Release
ELKINS, WEST VIRGINIA – June Catherine Blanchek, of Petersburg, West Virginia, was sentenced today to 63 months incarceration for her role in a methamphetamine distribution operation, United States Attorney Bill Powell announced.
Blanchek, age 38, pled guilty to one count of “Conspiracy to Distribute Methamphetamine” in July 2017. Blanchek admitted to working with others to distribute more than 50 grams of crystal meth in Grant County between September 2014 and December 2016.
A money judgement of $133,000 was also ordered.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The United States Postal Inspection Service and the West Virginia State Police investigated.
U.S. District Judge John Preston Bailey presided.
Grand Jury Indicts Two Alleged Distributors of Spice, K2 in Springfield AreaRead the Press Release
SPRINGFIELD, Ill. – The grand jury today charged Letha Dean and Abdul G. Alsamah on charges that they conspired to possess and distribute synthetic cannabinoids, known as Spice or K2, from retail stores The Crossing II and Mystic Enchantments in Springfield. Dean, 71, of Salisbury, Ill., was arrested and charged by complaint on April 13, and was ordered detained in the custody of the U.S. Marshals Service. Alsamah, 48, currently of Merced, Calif., was arrested on April 26, and made his initial appearance in federal court in the Eastern District of California on April 27. Alsamah is scheduled to appear in federal court in California on May 3, for a hearing regarding detention and removal to the Central District of Illinois.
The indictment alleges that Alsamah and Dean conspired together and with others from November 2014 to at least March 2016, to possess with intent to distribute and to distribute synthetic cannabinoids. The two allegedly distributed the substances from The Crossing II and Mystic Enchantments, retail stores in Springfield. Mystic Enchantments previously operated at 2828 E. Clear Lake Ave., Springfield, in the same building with The Crossing II, a liquor store. At the time of Dean’s arrest, Mystic Enchantments was operating at 1020 W. Lawrence Ave. Alsamah allegedly managed the distribution operation and established the prices for the sale of the synthetic cannabinoids, including by Dean through Mystic Enchantments.
According to publicly disseminated DEA drug fact information, K2 and Spice are two of the many trade names or brands for synthetic cannabinoids which are human-made, mind-altering chemicals developed to mimic the effects of THC, the main active ingredient of marijuana. They are often marketed under the guise of “herbal incense” or “potpourri.” The synthetic cannabinoids are typically marketed in rectangular, heat-sealed packets with brightly colored wording and street names to appeal to a youthful crowd, such as “Scooby Snax,” “Mr. Happy,” California Dream,” “Hayz,” “AK47,” “OMG,” “Down2Earth,” etc.
Alsamah and Dean are the eighth and ninth defendant respectively charged in a continuing task force investigation of the distribution of synthetic cannabinoids in Central Illinois. This task force, part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, is led by the DEA with the Illinois Attorney General Investigations; Illinois State Police; FBI; Decatur Police Department; Springfield Police Department; Illinois Department of Revenue; and IRS-Criminal Investigation. OCDETF is a Department of Justice program that supports multi-jurisdictional task forces of federal, state and local law enforcement agencies to conduct long-term and complex investigations and prosecutions of drug-related crimes. Assistant U.S. Attorney Timothy A. Bass is prosecuting the cases on behalf of the U.S. Attorney’s Office for the Central District of Illinois.
In addition to the conspiracy charge, each defendant is charged with one count of distribution of synthetic cannabinoids and one count of possession with intent to distribute synthetic cannabinoids. If convicted, each offense carries a statutory penalty of up to 20 years in prison.
Members of the public are reminded that an indictment is merely an accusation; the defendants are presumed innocent unless proven guilty.
Four-times Removed Alien Charged with Illegally Re-entering the U.S.Read the Press Release
PITTSBURGH, PA – An individual found by the U.S. Immigration and Customs Enforcement/ Homeland Security Investigations has been indicted by a federal grand jury in Pittsburgh on charges of Illegal Re-Entry into the United States after Deportation, United States Attorney Scott W. Brady announced today.
The one-count indictment, returned on May 1, named Luis Velasco-Ramirez, 33, formerly of Mexico, as sole defendant.
According to the indictment, Velasco-Ramirez, an alien, was removed from the United States by U.S. Immigration and Customs Enforcement on March 17, 2009, March 20, 2009, March 26, 2009, and June 2, 2012, and was again found in the United States, in Pittsburgh on April 4, 2018, by ICE Officers.
The law provides for a maximum total sentence of two years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The U.S. Immigration and Customs Enforcement/Homeland Security Investigations conducted the investigation leading to the indictment in this case.
Former comptroller of Toledo company indicted for embezzling nearly $500,000 from his employerRead the Press Release
The former comptroller of a Toledo company was indicted embezzling nearly $500,000 from his employer, U.S. Attorney Justin E. Herdman said.
Thomas Paul Mangotic, 30, Whitehouse, was indicted on one count of wire fraud.
Mangotic worked for Richland Industries d/b/a Tools Unlimited in Toledo from 2013 through 2016. Magnotic served as accounts payable manager and then, in 2015, he became Richland’s comptroller, overseeing the company’s financial accounts, according to the indictment.
Mangotic in 2014 began defrauding the company, embezzling fund through a variety of ways, including overpaying his own salary without authorization to do so, using company checking accounts to pay his own personal credit card accounts (including more than $150,000 for his personal American Express bills), and using company credit cards to pay his own personal expenses, including high-end clothing and payments to Microsoft Xbox Live and Apple iTunes, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the United States Secret Service. The case is being handled by Assistant U.S. Attorneys Gene Crawford and Jody L. King.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Former Hospital CEO Charged with Wire and Tax FraudRead the Press Release
PANAMA CITY, FLORIDA – Phillip E. Hill Jr., 42, of Blountstown, Florida, was arraigned today in the U.S. District Court in Panama City after a federal grand jury returned an indictment, unsealed today, charging him with 24 counts of wire fraud and 4 counts of filing false tax returns. The indictment was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
The indictment alleges that, between 2010 and 2015, Hill used his positions as Chief Executive Officer and department head of Emergency Management Services to embezzle money from Calhoun-Liberty Hospital. According to the indictment, Hill billed the hospital for goods it never received and did so using invoices in the name of “Southeastern Medical Supply,” a sham business connected to a bank account controlled by Hill. It is alleged that Hill also ordered medical supplies from eBay and other vendors and billed the hospital for these supplies at prices far in excess of what Hill actually paid for them. The indictment alleges that Hill used the funds in the Southeastern bank account to pay personal credit card bills, to fund a business he owned and operated, to obtain cash, and to pay personal expenses, including grocery and travel expenses. The indictment also alleges that when a hospital employee asked Hill for contact information for Southeastern, Hill claimed that he did not have the phone number because he had lost his phone, and asserted that the last time he had “talked with” representatives of Southeastern, they were “talking about going out of business.”
The maximum penalty for each wire fraud count is 20 years in prison. The maximum penalty for each count of filing false tax returns is a maximum of 3 years in prison. The trial is scheduled for July 2, 2018, at 8:15 a.m. at the United States Courthouse in Panama City.
This case resulted from an investigation by the Internal Revenue Service—Criminal Investigation, the Florida Department of Law Enforcement, and the Blountstown Police Department. Assistant United States Attorneys Michael Harwin and Karen Rhew-Miller are prosecuting the case.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt at trial.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Former High School Teacher, Swim Coach Indicted for Child PornographyRead the Press Release
KANSAS CITY, Mo. – A former high school teacher and swim team coach has been indicted by a federal grand jury for sexually exploiting seven minor victims.
James Russell Green, Jr., 53, of Blue Springs, Mo., was charged in a nine-count indictment returned under seal by a federal grand jury in Kansas City, Mo., on Tuesday, May 1, 2018. That indictment was unsealed and made public today upon Green’s arrest and initial court appearance. Green remains in federal custody pending a detention hearing.
Green was formerly a teacher at Oak Park High School and several middle schools in the North Kansas City School District and at Blue Springs South High School. Green was also a head swimming coach in those school districts and at Hallbrook Country Club in Leawood, Kan.
Green is charged with secretly recording illicit sexual encounters with at least six of his child victims. Court documents allege he engaged in the sexual contact and exploitation of minors over a period of at least 20 years.
The federal indictment alleges that Green attempted to entice one of his victim’s, identified as Minor Victim 1, to engage in illegal sexual activity between Nov. 1, 2016, and April 9, 2017.
The indictment also charges Green with one count of producing child pornography involving a 13-year-old victim, identified as Minor Victim 2, between Dec. 25, 2013, and March 31, 2014. Green is charged with six counts of attempting to produce child pornography, involving four additional minor victims, in February 2014. The indictment also charges Green with one count of possessing child pornography (including a video he allegedly produced of a seventh minor victim) on April 14, 2017.
Court documents allege that Green produced images and videos of child pornography and engaged (or attempted to engage) in sexual encounters with several minor victims on numerous occasions over a period of 20 years, ending in 2017. Law enforcement officers executed a search warrant at Green’s residence on April 14, 2017, and seized videos that allegedly were secretly recorded by Green with a hidden video camera. These videos, which depict several nude minors (from 14 to 17 years old) undressing and/or preparing to shower, were recorded beginning in the late 1990s until approximately 2014 or 2015. These videos, according to court documents, are the basis for the six attempted production counts of the indictment.
During the search of Green’s residence, according to court documents, investigators also located a device that contained an approximately 45-minute video that was also secretly recorded by Green with a hidden camera. The video graphically depicts Green having a sexual encounter with Minor Victim 2 in his residence. Green allegedly can be heard encouraging the minor victim to recruit other minors for sexual activity. This video recording is the basis for the production count of the indictment.
Investigators also located another video recording on one of Green’s devices, according to court documents. The video, also taken secretly with a hidden camera, graphically depicts Green having a sexual encounter with a different minor victim. This video is one of several images of child pornography that are the basis for the possession count of the indictment.
According to court documents, numerous other images of child pornography were also located on Green’s computer and media storage devices. Some of the images appear to have been downloaded from the Internet, but other images appear to have been sent to Green by minors with whom he was acquainted. Numerous sexually graphic chats that Green saved were also discovered on some of his media devices, according to court documents. In some chats, Green allegedly solicited sexual encounters with persons who identified themselves as minors. Pornographic images allegedly were exchanged via chats with apparent underage victims.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney David Luna. It was investigated by the FBI Child Exploitation Task Force and the Blue Springs, Mo., Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Former Head of Niagara Falls Housing Authority Sentenced for Stealing Government Funds; Daughter-In-Law Also SentencedRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051Buffalo, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Stephanie W. Cowart, 59, of Grand Island, NY, who was convicted of theft concerning programs receiving federal funds, was sentenced to a two year term of probation and a $2,000 fine by U.S. District Judge Richard J. Arcara. In addition, Cowart’s daughter-in-law, Fredia Cowart, 28, of Niagara Falls, NY, was sentenced to one year probation for her conviction on a misdemeanor charge of theft of government funds. Stephanie and Fredia Cowart have also paid full restitution totaling approximately $17,000.
Assistant U.S. Attorney Russell T. Ippolito, who handled the case, stated that between 1997 and July 21, 2016, Stephanie Cowart served as Executive Director of the Niagara Falls Housing Authority (NFHA), an organization that has received federal funding. Between October 2013 and January 2015, Stephanie Cowart, being an agent of a state authority, and being aided by Allen and Fredia Cowart, stole $6,000 from the NFHA.
The Niagara Area Foundation (NAF) was established in 2000 by citizens of Niagara County who were employed in the private and non-profit sectors, to provide support and charity-oriented philanthropic initiatives for residents in Niagara County. Allen and Fredia Cowart, on behalf of People and Possibilities, Inc., sought and obtained a $6,000 grant from NAF, with the assistance of Stephanie Cowart. The money was to be used for “A Better Me,” a project that was to “teach children and youth the importance of proper etiquette, what bullying is and what they can do about it and to teach educational empowerment tools.” The NAF grant proceeds for the “A Better Me” project were deposited directly into the NFHA’s operating account. The NFHA then paid Allen and Fredia Cowart for work purportedly done on the project. However, Allen and Fredia Cowart never actually conducted any presentations related to the “A Better Me” project.
In addition, between October 2013 and June 2014, aided by his mother, Allen Cowart defrauded the NFHA and the New York Office of Children and Family Services (NYOCFS). Allen Cowart falsely claimed that he was performing the work of two teachers under the Advantage After School Program and was paid more than two times the normal hourly pay rate for one teacher position. The Advantage After School Program is funded, in part, through a contribution of federal Temporary Assistance to Needy Families (TANF) funds to New York State.
Allen Cowart was appointed to the temporary position of Teacher, under the Advantage After School Program, October 1, 2013 for the duration of the school year. The salary associated with this appointment was $23 an hour. However, Stephanie Cowart directed that effective October 23, 2013, her son was to be paid an hourly rate of $50. During the time period that Allen Cowart was paid a $50 hourly pay rate, he received $11,583 more than he would have, had he been paid the $23 hourly pay rate.
Allen Cowart was previously convicted and is scheduled to be sentenced on July 9, 2018.
“In stealing public funds, the defendant put her own interests ahead not only of taxpayers but of the very people she was supposed to be helping,” said U.S. Attorney Kennedy. “Fortunately, not all public servants are similarly motivated, and those who abuse their positions of trust, such as Cowart, can be brought to justice by those who, like our state and federal law enforcement officers who worked this case, faithfully serve the public with honor and integrity.”
“Public corruption is the FBI’s top criminal investigative priority because it poses a fundamental threat to the way government and communities operate every day,” said Kevin P. Lyons, Acting Special Agent-in-Charge of the FBI’s Buffalo Division. “When Stephanie Cowart used her power as the Executive Director of the Niagara Falls Housing Authority to steal money entrusted to her, she failed the people she was hired to serve.”
Today’s sentencings are the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary; and the Office of New York State Comptroller Thomas P. DiNapoli, Division of Investigations.
Former Felon Sentenced to 6 1/2 Years in Prison for Unlawful Possession of Firearms Including Automatic RifleRead the Press Release
LAS VEGAS, Nev. – A five-time felon who posted photos on Instagram of himself shooting firearms, including an automatic rifle, was sentenced today to 77 months in federal prison and three years of supervised release, announced U.S. Attorney Dayle Elieson for the District of Nevada.
Jack Benjamin Hessiani, 39, of Ventura, California, was convicted of one count of felon in possession of a firearm following a three-day jury trial in December 2017. United States District Judge Larry R. Hicks presided over the trial and sentencing hearing.
According to evidence presented at trial and related court documents, Hessiani posted on his Instagram account photos of himself holding and firing machine guns at the Battlefield Vegas gun range in Las Vegas. At the gun range, he signed a waiver falsely representing that he did not have any criminal history that would prevent him from legally using firearms. In fact, he had five prior felony convictions, to include California felony convictions for Threats to Commit a Crime Resulting in Death; Stalking; and Inflicting Corporal Injury on Spouse / Cohabitant / Dating Partner.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Department of Labor Office of the Inspector General. Assistant U.S. Attorneys Phillip N. Smith, Jr. and Alexandra Michael prosecuted the case.
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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Five U.S. Navy Service Members Indicted for Seeking Big Insurance Payouts for Bogus InjuriesRead the Press Release
Assistant U. S. Attorneys Andrew P. Young (619) 546-7981 and Emily W. Allen (619) 546-9738
NEWS RELEASE SUMMARY – May 2, 2018
SAN DIEGO – The United States unsealed an indictment today that charges U. S. Navy service members Christopher Toups, Jason Toups, Kelene McGrath, Ernest Thompson, and Richard Cote with fraud, false claims and conspiracy to defraud the United States. The charges arise from a scheme wherein the defendants filed fraudulent claims to obtain unearned benefits from the Traumatic Servicemembers Group Life Insurance Program (“TSGLI”).
According to the indictment, the TSGLI program is an insurance program that compensates service members who suffer serious and debilitating injuries while on active duty. The program is funded by fees paid directly by individual service members and the Department. The five defendants, four former and one active members of the United States Navy, each fraudulently claimed that they were entitled to benefits of $100,000 for serious injuries they claimed to have suffered—but which in fact never occurred. To support their applications, each defendant submitted fabricated applications that included forged signatures and altered hospital records. Four of the five defendants received the $100,000 payouts before the government uncovered the scheme and froze the final payment.
“The TSGLI program is designed to protect hundreds of thousands of honest and hard-working service members. This indictment sends a message to those who seek to defraud the government out of the dollars meant to care for our seriously injured military members that they will be held accountable,” said U.S. Attorney Adam L. Braverman.
Defendants Jason Toups, Kelene McGrath, Ernest Thompson and Richard Cote were arraigned on the indictment before U.S. Magistrate Judge Ruben B. Brooks. Christopher Toups is expected to make his initial appearance before a federal judge in Georgia. Their next court appearance is scheduled for June 1 at 1:30 p.m. before Judge U.S. District Judge Janis L. Sammartino.
DEFENDANTS Case Number 18cr1674-JLS
Richard Cote Age: 43 Oceanside, CA
Kelene McGrath Age: 41 Jacksonville, FL
Christopher Toups Age: 40 Woodstock, GA
Jason Toups Age: 35 Gulfport, MS
Earnest Thompson Age: 44 Murrieta, CA
SUMMARY OF CHARGES
Count 1:
Conspiracy to Commit Wire Fraud – Title 18, U.S.C § 1349
Maximum penalty: 20 years’ imprisonment and fine of higher of $250,000 or double loss amount
Counts 2-7:
Wire Fraud - Title 18, U.S.C § 1343
Maximum penalty: 20 years’ imprisonment and fine of higher of $250,000 or double loss amount
Counts 8-12
Making a Fraudulent and False Claim - Title 18, U.S.C § 287
Maximum penalty: Five years in prison and fine of higher of $250,000 or double loss amount
AGENCIES
Naval Criminal Investigative Service
Federal Bureau of Investigation
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
First Defendant Sentenced to 9 Years in Prison Following Drug Bust on Private PlaneRead the Press Release
LEXINGTON, Ky. – Isaac Basilio Rosas, 33, of Los Angeles, was sentenced to 9 years in federal prison, by Chief United States District Judge Karen K. Caldwell, for conspiracy to transport at least five kilograms of cocaine.
Basilio previously admitted that, on April 21, 2017, he and three other passengers transported approximately 80 bricks of cocaine from Van Nuys Airport in Southern California to Bluegrass Airport in Lexington, on a private plane. Each brick weighed approximately a kilogram. Basilio pleaded guilty to the charges in January 2018. Two other passengers of the plane, Robert Carlson and Cedric Fajardo, have also pleaded guilty and are awaiting sentencing.
Under federal law, Basilio must serve 85 percent of his prison sentence. Basilio is a Mexican National and will be deported from the United States after completing his sentence.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; and Steven L. Igyarto, Resident Agent in Charge, Department of Homeland Security, Homeland Security Investigations; and Richard Sanders, Commissioner of the Kentucky State Police, jointly made the announcement.
The Department of Homeland Security and the Kentucky State Police conducted the investigation. Assistant United States Attorney Dmitriy Slavin represented the United States.
Final Schuele Boys Gang Member Convicted of Rico ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Aaron Hicks, a/k/a Boog, a/k/a Boogy, 33, of Buffalo, NY, was convicted after a jury trial of racketeering conspiracy. The charge carries a maximum penalty of 20 years in prison. The defendant was convicted by a prior jury of conspiracy to distribute marijuana, which carries a maximum penalty of 10 years in prison and faces a maximum aggregate of 30 years in prison when sentenced.
Assistant U.S. Attorneys Paul Parisi and Wei Xiang, who handled the prosecution of the case, stated that Hicks was a member of the Schuele Boys Gang which operated in the Schuele Street area of the East Side of Buffalo. The gang is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
As a member, the defendant was the Buffalo-based main point of contact for the gang’s cocaine and marijuana supplier, Julio Contreras of McAllen, Texas. Hicks’s co-defendant, Roderick Arrington, was previously convicted following a jury trial in 2017 of the shooting murder of Quincy Balance, a/k/a Shooter, at the intersection of Northland and Stevens in Buffalo on August 30, 2012. Hicks, Arrington, and other Schuele Boys members believed that Balance was involved in the shooting murder of one of their associates on nearby Carl Street four days earlier. Arrington was sentenced to life in prison for murder in aid of racketeering.
“Working with our federal, state, and local partners, this office has gone on the offense against violent street gangs in Buffalo,” said U.S. Attorney Kennedy. “From the West side to the East side and from North Buffalo to South Buffalo, we are using the RICO statute systematically to dismantle these violent organizations and lock-up their members for lengthy prison sentences. We will continue to be relentless in our pursuit of these criminal enterprises, and we will not rest until those who are attracted to these gangs realize that in joining them, they are simply signing up for a spot on the losing team.”
Hicks is one of 28 Schuele Boys Gang members and associates to be charged in this case and the final defendant to be convicted.
The verdict is the result of an investigation by the FBI Safe Streets Task Force, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; and the New York State Police, under the direction of Major Edward Kennedy. Additional assistance was provided by the Erie County District Attorney’s Office, the Edinboro University Police Department in Pennsylvania, the West Tennessee Judicial Drug Task Force, the City of McAllen, Texas Police Department, HSI Harlingen, Texas, and the FBI offices in Houston, Texas and Jackson, Mississippi.
Sentencing is scheduled for August 6, 2018, at 12:30 p.m. before U.S. District Judge Richard J. Arcara, who presided over the trial.
Federal Jury Convicts Two Dallas Men on Robbery ChargesRead the Press Release
DALLAS, Texas — Following a four-day trial, a federal jury has convicted Michael Wright, 28, and Rickey Cherry, 28, both of Dallas, of multiple robbery and firearm offenses, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
Specifically, on Monday a federal jury convicted Wright on three counts of interference with commerce by robbery, three counts of using, carrying, or brandishing a firearm during and in relation to a crime of violence, and one count of possession of a firearm by a convicted felon. The jury also found Cherry guilty of two counts of interference with commerce by robbery and two counts of using, carrying, or brandishing a firearm during and in relation to a crime of violence. The two men are scheduled to be sentenced on August 22, 2018, by U.S. District Judge Ed Kinkeade. A third defendant, Kameron Robinson, was charged in the same indictment and pleaded guilty to one count of interference with commerce by robbery and one count of using, carrying, or brandishing a firearm during and in relation to a crime of violence. He is scheduled for sentencing before Judge Kinkeade on June 21, 2018.
Evidence presented at trial showed that Wright and Robinson committed one robbery and that Wright committed two additional robberies with Cherry. On January 2, 2015, Wright and Robinson used a handgun to rob an AT&T authorized retailer in Ennis, Texas, of cell phones and tablets. Ennis Police Department discovered the men during their flight from the robbery, prompting a high-speed chase into Ellis County, where police were able to apprehend the men after they wrecked their vehicle and fled on foot. Wright and Cherry used handguns to rob a Radio Shack store in Duncaville, Texas of cell phones and tablets on January 22, 2015, and an AT&T authorized retailer in Grand Prairie, Texas of cell phones and tablets on March 7, 2015.
The defendants’ sentences will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendants’ prior criminal record, the defendant’s role in the offense and the characteristics of the violation.
The Federal Bureau of Investigation investigated the case with the assistance of Ennis Police Department, Duncanville Police Department, and Grand Prairie Police Department. Section Chief Keith Robinson and Assistant United States Attorneys Gary Tromblay and Brian McKay are prosecuting the case.
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Fayetteville Man Indicted for String of Robberies and Firearm ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that a Federal grand jury in Raleigh has returned a nine-count indictment charging MICHAEL DEVONTE HILL, age 29, of Fayetteville, North Carolina, with one count of stealing a firearm, three counts of Hobbs Act robbery, three counts of using, discharging, and/or brandishing a firearm while committing a Hobbs Act robbery, one count of possessing a stolen firearm, and one count of possessing a firearm as a convicted felon.
The indictment alleges that on July 14, 2017, HILL stole a firearm and on July 25, 2017, he robbed a Circle K store located on Rosehill Road in Fayetteville. During the robbery, HILL discharged the stolen firearm. On July 28, 2017, HILL robbed another Circle K located on Yadkin Road in Fayetteville and brandished a firearm during that robbery. On July 30, 2017, HILL robbed a Circle K located on Owens Drive in Fayetteville and also brandished a firearm during that robbery. On August 2, 2017, at the time of his arrest, HILL possessed a stolen firearm as a convicted felon.
If convicted of these charges, HILL would face a sentence of not less than 60 years’ imprisonment and not more than 5 years of supervised release following any term of imprisonment.
The charges and allegations contained in the Indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Fayetteville Police Department. Assistant United States Attorney James J. Kurosad is prosecuting the case for the government.
Elkins man sentenced for role in counterfeit money schemeRead the Press Release
ELKINS, WEST VIRGINIA – Marc G. Collett, of Elkins, was sentenced today to 21 months incarceration for fraudulently using counterfeit money to obtain authentic currency and other goods, United States Attorney Bill Powell announced.
Collett, age 36, pled guilty to one count of “Uttering Counterfeit Obligations or Securities – Aiding and Abetting” in April 2016. Collett conspired with other individuals to repeatedly exchange counterfeit money in order to obtain authentic United States currency, debit cards, and merchandise in Harrison County, West Virginia in late 2014.
Assistant U.S. Attorney Traci M. Cook prosecuted the case on behalf of the government. The United States Secret Service, the Clarksburg, West Virginia Police Department, and the West Virginia State Police investigated.
U.S. District Judge John Preston Bailey presided.
Eastern Carolina Behavioral Health CEO Sentenced to Eight Years in Prison for Expansive Multistate Healthcare FraudRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that yesterday afternoon in federal court, SHEPHARD LEE SPRUILL, 47, of Greenville, North Carolina, was sentenced to 96 months in prison on the charge of Health Care Fraud Conspiracy, and 60 months in prison for Perjury, to be served concurrently. Spruill was also ordered to make restitution in the total amount of $5,998,874.86, payable to the North Carolina Medicaid Program, the South Carolina Medicaid Program, and another victim of the scheme. Spruill was further ordered to serve a three year term of supervised release, and to forfeit an additional $939,989.50 in criminal proceeds. Under the terms of his plea agreement, Spruill is also banned from participation in Federal healthcare benefit programs for life.
Spruill’s case arose out of the investigation of Pitt County behavioral health provider Terry Lamont Speller, his biller, Donnie Lee Phillips, II; and another Medicaid provider named Reginald Saunders. Each of these defendants were previously sentenced by Senior U.S. District Judge James C. Fox to 20 years, 9 years, and 3 years, respectively.
According to the Criminal Information and evidence discussed in open court, Spruill, then the leader of Carolina Support Services, an East Carolina behavioral health practice, supplied hundreds of patient names and identifiers to Speller, who in turn had Phillips bill the North Carolina Medicaid Program for millions of dollars in fictitious mental health services. Spruill, Speller, and Phillips split the fraud proceeds, with Spruill receiving his cut of the funds in the form of fictitious, no-document loan repayments. Spruill appeared before a federal grand jury and lied about his involvement with Speller, falsely claiming that he had no business relationship with Speller.
The continuing investigation into Spruill revealed that Spruill also engaged in a fraud upon the South Carolina Medicaid program, billing and being paid millions in fictitious services through another provider he owned.
United States Attorney Robert J. Higdon, Jr. stated, “As we continue to combat drug dealers and violent criminals in our district, do not for a moment believe that we have given a pass to those whose steal from taxpayers through fraud. This case shows our continuing resolve to bring all to justice, even CEOs who commit their crimes with lies instead of guns. This case also sends a message about the integrity of our grand jury system. Those who choose to lie in the grand jury will be held fully accountable.”
“Health care fraud is not a road to easy riches, as this sentence demonstrates” said Derrick L. Jackson, Special Agent in Charge of the Office of Inspector General of the U.S. Department of Health and Human Services. “Those who steal from taxpayers and vital government health care programs will be held accountable for their actions.”
In a related case, ATOYA BELLAMY, 45, of Morrisville, North Carolina, was sentenced to one year in prison for her role in Spruill’s fraud at Carolina Support Services. BELLAMY previously pleaded guilty to Conspiracy to Commit Health Care Fraud on November 29, 2017. BELLAMY was also ordered to make restitution to the Government.
The investigation of this case was conducted by agents of the North Carolina State Bureau of Investigation assigned to the Medicaid Investigations Division of the North Carolina Attorney General’s Office; The Internal Revenue Service - Criminal Investigation; and the United States Department of Health and Human Services Office of the Inspector General, with the assistance of the Federal Bureau of Investigation. The investigation and prosecution of this matter is being handled in a partnership between the United States Attorney’s Office for the Eastern District of North Carolina and the Medicaid Investigations Division of the North Carolina Attorney General’s Office. Assistant United States Attorney William M. Gilmore and Special Assistant United States Attorney Daniel Spillman of the Medicaid Investigations Division of the North Carolina Attorney General’s Office, each represented the United States.
If you suspect Medicaid or Medicare fraud please visit the HHS OIG website at https://oig.hhs.gov/ and click on the Report Fraud button. To report Medicaid fraud in North Carolina, call the North Carolina Medicaid Investigations Division at 919-881-2320.
Drug Enforcement Administration’s National Take Back Initiative in the Eastern District of OklahomaRead the Press Release
MUSKOGEE, OKLAHOMA – Brian J. Kuester, United States Attorney for the Eastern District of Oklahoma, announced today the results of the Drug Enforcement Administration’s National Take Back Initiative in the Eastern District. The Take Back Initiative was created so people would have an opportunity to safely dispose of unused opioids and other medicines from their homes, where, if not disposed of, they could be stolen and abused by family members and visitors, including children and teens.
“The DEA’s Take Back initiative is not only a day when unwanted or expired prescription medications can be safely disposed of, it is also an opportunity for all of us to be reminded of the dangers of retaining those medications in our homes. This year, on April 28th, the DEA collected nearly 130 pounds of pharmaceuticals in the Eastern District. That is 130 pounds of prescription medications that will not end up in the mouths of children or lead to overdoses or other medical emergency situations. That is 130 pounds of prescription medications that will not pollute any water source because it is being safely disposed of by the DEA,” Kuester said. “I commend the DEA for including the Take Back days and drop-off locations as an important component of their efforts to protect the public.”
The DEA Take Back initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. DEA launched its prescription drug take back program when both the Environmental Protection Agency and the Food and Drug Administration advised the public that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—posed potential safety and health hazards. For further information about the DEA’s Diversion Control Division you can visit www.deadiversion.usdoj.gov/index.html.
If you missed this year’s first Take Back Day you need not wait for the next one. The Oklahoma Bureau of Narcotics (OBN), also a partner in the effort to reduce prescription drug abuse by offering safe disposal options, offers locations throughout the state as well. OBN’s website, found at www.ok.gov/obndd can assist you in finding a location near you.
Kuester added, “We all play a role in reducing prescription drug abuse. Federal, state, tribal, and local law enforcement agencies are working together to address the problem. With heightened awareness and assistance from the public, we can and will make a difference in our communities.”
Dominican National Charged with Fentanyl Distribution, Social Security Fraud, and Aggravated Identity TheftRead the Press Release
BOSTON – A Dominican national was indicted today with fentanyl distribution, Social Security fraud, and aggravated identity theft.
Domingo Garcia Suero, 53, a Dominican national residing in Haverhill, was indicted on five counts of possession with intent to distribute and distribution of a controlled substance, specifically fentanyl, two counts of Social Security account number fraud, and one count of aggravated identity theft. Garcia Suero appeared today before U.S. District Court Magistrate Judge Donald L. Cabell.
The indictment alleges that on five occasions during in the fall of 2017, Garcia Suero sold and possessed fentanyl for sale. Garcia Suero also allegedly filed applications with the Massachusetts Registry of Motor Vehicles to renew his driver’s license and with MassHealth, in which he provided a name and a social security account number belonging to a United States citizen from Puerto Rico.
The charge of possession with intent to distribute and distribution of fentanyl in excess of 40 grams provides for a minimum sentence of five years and no greater than 40 years in prison, at least four years of supervised release and a fine of $5 million. The charge of Social Security fraud provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory minimum sentence of two years to run consecutive to any other sentence. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations; Albert Angelucci, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Scott Antolik, Special Agent in Charge of the U.S. Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Office; and Haverhill Police Chief Alan DeNaro made the announcement today. Assistance was also provided by the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; the Boston Field Office of the U.S. Department of State's Diplomatic Security Service; and the Massachusetts State Police. Assistant U.S. Attorney Maxim Grinberg of Lelling’s Criminal Division is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
District Man Indicted on Multiple Charges in 2016 Home Invasion in Northwest WashingtonRead the Press Release
WASHINGTON – Gregory H. Grooms, 19, of Washington, D.C., was indicted today on felony charges stemming from an armed home invasion that took place in August 2016 in Northwest Washington, U.S. Attorney Jessie K. Liu announced.
Grooms was indicted by a grand jury in the Superior Court of the District of Columbia on 25 counts, including first-degree burglary while armed, armed kidnapping, armed carjacking, armed robbery, assault with a dangerous weapon, possession of a firearm during a crime of violence, and related charges. He remains held pending trial and is expected to be arraigned at the next court date on May 11, 2018. His trial is scheduled for July 18, 2018.
According to the government’s evidence, the armed home invasion occurred on Aug. 13, 2016, at approximately 10:40 p.m., at a residence in the 1800 block of Upshur Street NW. The four victims, including two minor children, were home at the time of the offense. According to the evidence, Grooms and an accomplice, both armed with guns, forced their way into the victims’ residence, threatened the victims, and ordered the victims around the house.
During the incident, one of the victims tried to get the children to safety by dropping one of them from a second-story window. Grooms and his accomplice allegedly took several items, including the victims’ car keys, and left in the victims’ vehicle.
Grooms was later identified by law enforcement through forensic evidence, including a fingerprint from the victims’ vehicle, which was recovered in the area of his last known residence at the time. Additionally, law enforcement linked Grooms to a knife recovered at the crime scene through the Combined DNA Index System (CODIS), a web of state and national databases containing DNA profiles from convicted offenders and crime scenes.
Grooms was arrested on March 15, 2018, and has been in custody ever since.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws, and every defendant is presumed innocent until, and unless, proven guilty.
In announcing the indictment, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department (MPD). She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Tiffany Fogle. Finally, U.S. Attorney Liu commended Assistant U.S. Attorney Natasha Smalky, who is investigating and prosecuting the case.
Corpus Christi Man Heads to the Pen for Possessing of Child PornographyRead the Press Release
CORPUS CHRISTI, Texas - A 41-year-old Corpus Christi man has been sent to federal prison following his conviction of possessing child pornography, announced U.S. Ryan K. Patrick. Timothy Traut pleaded guilty Feb, 1, 2018.
Today, U.S. District Judge Nelva Gonzalez Ramos sentenced Traut to 120 months in prison. At the hearing, the court heard that Traut possessed images of children he knew and that he superimposed the children’s faces to images of child pornography. The court also read two letters from the parents of those children explaining how the crime impacted their lives.
Traut was further ordered to serve 15 years on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender.
In March 2017, Queensland Police Services in Australia identified a computer discussing child pornography on an internet website. That computer was later linked to Traut who was using a profile name of “Horndog.” Traut had posted pictures to that website and made comments about the desire to have sexual intercourse with a child pictured in some of those images.
Agents later executed a search warrant at his residence, at which time they seized various electronic devices. Forensic analysis on those devices revealed more than 850 images and approximately 104 videos child pornography. Many of those videos included images of sexually explicit conduct involving prepubescent girls.
Traut has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the Corpus Christi Police Department’s Internet Crimes Against Children Task Force.
Assistant U.S. Attorney Hugo R. Martinez is prosecuting the case, which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Convicted Bank Robber Sentenced for Escaping from Federal CustodyRead the Press Release
BOSTON – A man serving a sentence for bank robbery pleaded guilty and was sentenced today in federal court in Boston for escaping from custody.
Joseph Matz, 48, of Boston, pleaded guilty to one count of escape from federal custody before U.S. District Court Judge Richard G. Stearns. Judge Stearns immediately sentenced Matz to 27 months in prison, to be served concurrently with a sentence Matz is already serving in state prison in Virginia, and three years of supervised release.
In 2004, Matz was convicted of bank robbery. In August 2011, Matz was again convicted of bank robbery and sentenced to seven years in prison. Because his second conviction occurred while he was on supervised release from his 2004 conviction, Matz was sentenced to an additional year in prison to be served consecutive with his 2011 bank robbery conviction.
In July 2016, Matz was transferred from federal prison to a Residential Reentry Center in Boston, where he was to serve the remainder of his sentence until his release on Dec. 18, 2016. On Nov. 4, 2016, Matz was allowed to sign out of the Center on a “medical pass,” and was required to return later that day; however Matz never returned to the Reentry Center and was placed on escape status.
On Dec. 1, 2016, Matz was arrested in Richmond, Va., for armed bank robbery. He subsequently pleaded guilty to that charge, and on May 23, 2017, was sentenced to 25 years in state prison with 15 years suspended. Matz is currently in state custody in Burkeville, Va.
United States Attorney Andrew E. Lelling and U.S. Marshal John Gibbons of the District of Massachusetts made the announcement. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Major Crimes Unit prosecuted the case.
Colorado Man Sentenced for Federal Drug Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Adrian Chavez, 24, of Greeley, Colo., was sentenced today in federal court in Santa Fe, N.M., to 48 months in prison for his methamphetamine trafficking conviction. Chavez will be on supervised release for three years after completing his prison sentence.
The DEA arrested Chavez in Aug. 2016, after seizing approximately 2.80 kilograms (6.27 pounds) of crystal methamphetamine from him during an interdiction investigation in Albuquerque. The methamphetamine was contained in five plastic containers inside Chavez’s backpack.
Chavez was indicted on Aug. 23, 2016, and was charged with possession of methamphetamine with intent to distribute on Aug. 12, 2016, in Bernalillo County, N.M.
On Nov. 1, 2017, Chavez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Chavez admitted that on Aug. 12, 2016, he possessed methamphetamine that was concealed inside five plastic containers wrapped with grey duct tape inside his backpack.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Colombian Narco Trafficker Pleads GuiltyRead the Press Release
Tampa, FL – Jorge Eliecer Cifuentes-Cuero (54, Colombia, South America) has pleaded guilty to conspiracy to possess with the intent to distribute five kilograms or more of cocaine while aboard a vessel subject to the jurisdiction of the United States, in violation of the Maritime Drug Law Enforcement Act. He faces a maximum penalty of life in federal prison. A sentencing date has not yet been set.
According to court documents, Cifuentes-Cuero was a principal member of a Colombian and Ecuadorean-based drug trafficking organization. He initially worked as a mechanic and mariner onboard vessels in the Eastern Pacific Ocean, and later, as he accumulated wealth, became an organizer of multi-ton cocaine loads transported by vessel from Colombia and Ecuador to locations in Central and Latin America. Cifuentes-Cuero is responsible for several maritime smuggling ventures in the international waters of the Eastern Pacific Ocean. In January 2013 and July 2014, the U.S. Coast Guard interdicted loads of cocaine, totaling over 1,000 kilograms, that were being smuggled aboard vessels (commonly referred to as “go-fast boats”).
This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The case was prosecuted by Assistant United States Attorney Thomas Palermo and Special Assistant United States Attorney Rebecca L. Castaneda.
Clairton Man Pleads Guilty to Distributing Cocaine and FentanylRead the Press Release
PITTSBURGH, PA - A resident of Clairton, Pennsylvania, pleaded guilty in federal court to conspiring to distribute narcotics, United States Attorney Scott W. Brady announced today.
Derek Price, 55, pleaded guilty to one count of conspiring with 20 other individuals, between March and June 2017, to distribute narcotics. In connection with the guilty plea, the court was advised that Price purchased fentanyl and cocaine from his codefendants, Elliot Page and Skylar Carter, for further distribution in the Clairton area. Price acknowledged distributing approximately 15 grams of fentanyl and 300 grams of cocaine. He is the fifteenth of 21 defendants charged to enter a plea of guilty.
Judge Arthur J. Schwab scheduled sentencing for September 5, 2018, at 10:30 a.m. Price has a prior felony drug conviction, and as such, he is subject to enhanced penalties. The law provides for a maximum total sentence of 30 years in prison, a fine of not more than $2 million, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed will depend upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Price remains on bond pending the sentencing hearing.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Allegheny County Sheriff’s Office, the Allegheny County Police Department, and the Pittsburgh Bureau of Police. The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises. Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
Chicago Man Sentenced to 37 Years in Federal Prison for Producing and Possessing Child PornographyRead the Press Release
CHICAGO — A Chicago man was sentenced today to 37 years in federal prison for producing and possessing thousands of photographs and videos of child pornography.
SCOTT RESKEY, 62, possessed more than 400,000 images and more than 1,400 videos of child pornography on his laptop and other devices. Reskey also groomed and sexually abused a child under the age of ten. On more than one occasion Reskey directed the girl to engage in sex acts with him, while he filmed it.
Reskey pleaded guilty last year to one count of production of child pornography and one count of possession of child pornography. U.S. District Judge Matthew F. Kennelly sentenced Reskey to 25 years on the production charge and a consecutive 12 years on the possession charge, for a total sentence of 37 years.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. The Chicago Police Department provided valuable assistance.
“Reskey’s offense conduct is morally abhorrent and among the most serious child pornography offenses imaginable,” Assistant U.S. Attorney Grayson Walker argued in the government’s sentencing memorandum.
The case against Reskey arose from a covert federal investigation of an online community that sent and received child pornography via a website called “PlayPen.” Reskey accessed the site using the name “peanuty123.” In addition to the images and videos, authorities recovered from Reskey’s laptop a document entitled “The Pedophile’s Handbook.” The handbook spans more than 500 pages and explains how to groom and abuse minors.
Reskey was arrested in February 2017. Authorities were able to identify hundreds of the children who were exploited in the images and videos possessed by Reskey. Dozens of those victims submitted statements to the Court in advance of sentencing, detailing the harm caused by the production, distribution and possession of their images by individuals like Reskey.
Cheektowaga Woman Sentenced on Fraud and Identity Theft ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Danielle Hamilton, 29, of Cheektowaga, NY, who was convicted of conspiracy to commit access device fraud and aggravated identity theft, was sentenced by U.S. District Judge Lawrence J. Vilardo to 36 months in prison. Hamilton was also ordered to pay approximately $300,000 in restitution.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that between October 2013 and January 2014, the defendant and others, including Ricky Butler and Teria Baker, traveled to Walmart stores and other retail establishments in Western New York and Pennsylvania, where they used unauthorized credit cards. The defendants, who knew that the credit cards had been obtained by means of fraud and without the true account holder’s knowledge or authority, purchased and attempted to purchase, $500 store gift cards and other merchandise totaling in excess of $300,000.
Ricky Butler was previously convicted and is awaiting sentencing. Teria Baker was convicted and sentenced to 34 months in prison.
The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon of the Boston Division, and the United States Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson.
Charleston Drug Dealer Sentenced to 66 Months in Prison for Federal Drug CrimesRead the Press Release
CHARLESTON, W.Va. – A Charleston drug dealer was sentenced today to 66 months in federal prison, announced United States Attorney Mike Stuart. Yusuf Ali, 38, previously pled guilty to distribution of 28 grams or more of cocaine base, more commonly known as “crack.” Stuart commended the thorough investigation conducted by the Metropolitan Drug Enforcement Network Team (“MDENT”).
“I applaud MDENT’s tireless work to remove drug dealers from our streets,” said United States Attorney Mike Stuart. “By now, drug dealers should be getting the picture that if you peddle dangerous drugs in Charleston, we’re going to lock you up.”
Ali admitted that in August 2017, he sold crack to a confidential informant on four occasions on Charleston’s East End. On August 29, 2017, officers with MDENT executed a search warrant of Ali’s apartment and found over 125 grams of crack, 44 grams of heroin, and a .380 caliber handgun.
Assistant United States Attorney Matt Davis was responsible for the prosecution. United States District Judge John T. Copenhaver, Jr. presided over these cases.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including crack and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Charges Filed Against Two Lake County Men for Heroin Distribution in RockfordRead the Press Release
ROCKFORD — Two men from Lake County have been arrested for distributing heroin in Rockford.
JAVIER A. PEREZ, 27, of Park City, and JOSE ARMANDO OCHOA-LOPEZ, 27, of Zion, were indicted by a federal grand jury on March 7, 2018, on charges of distributing and conspiring to distribute 100 grams or more of heroin in Rockford in October 2017.
Perez was arrested Tuesday by federal law enforcement and appeared for arraignment before U.S. Magistrate Judge Iain D. Johnston in Rockford today. He was ordered to be held in federal custody until a detention hearing on May 4, 2018, at 9:15 a.m.
Ochoa-Lopez was arrested on March 14, 2018, and remains in federal custody pending trial. Both defendants have pleaded not guilty to the charges.
Each count of the indictment carries a mandatory minimum penalty of five years in prison and a maximum penalty of up to 40 years in prison, in addition to a fine of up to $5 million. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines.
The public is reminded that an indictment 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.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; Dan O’Shea, Rockford Police Chief; and Gary Caruana, Winnebago County Sheriff. The federal investigation was conducted by the FBI-led Rockford Area Violent Gang Task Force, which includes the above agencies as well as the Loves Park and Freeport Police Departments. The Lake County Gang Task Force, consisting of the Lake County Sheriff’s Office, Grayslake Police Department, Wauconda Police Department, Mundelein Police Department, U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives, and U.S. Department of Homeland Security's Homeland Security Investigations also assisted in the investigation.
The government is represented by Assistant U.S. Attorney Talia Bucci.
Carlsbad Woman Pleads Guilty to Federal Wire Fraud Charge Arising Out of $800,000 Embezzlement SchemeRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Eddy County Sheriff Mark Cage announced today that Lori V. Whitaker, 54, of Carlsbad, N.M., entered a guilty plea in federal court in Las Cruces, N.M., to a wire fraud charge. Under the terms of the plea agreement, Whitaker is required to pay $816,630.36 in restitution to her former employer, the victim of her crime. Whitaker also faces a statutory maximum penalty of 20 years of imprisonment at sentencing, which has yet to be scheduled.
Whitaker was indicted in Jan. 2018, and was charged with perpetrating a scheme to defraud her former employer, the Otis Mutual Domestic Water Consumers and Sewage Works Association (Association), out of approximately $800,000.00 over a two-year period. The indictment charged Whitaker with 75 counts of wire fraud and alleged that she fraudulently transmitted funds by means of wire communications between March 27, 2015 and Feb. 3, 2017, as part of a scheme to defraud the Association. The funds involved in the 75 transactions charged ranged from $416.00 to $15,746.64.
In announcing the guilty plea, U.S. Attorney Anderson said, “With today’s guilty plea, Ms. Whitaker begins the process of taking responsibility for violating the solemn trust that was placed in her to manage the affairs of the Association. This guilty plea reaffirms the Justice Department’s commitment to investigate and prosecute fraudulent conduct that adversely impacts the lives of innocent victims.” “A lot of hard-working people in Eddy County put their trust in this defendant, and she repaid that confidence by stealing a sum of money that would have been eye-popping in a large city, let alone rural southeastern New Mexico,” said Special Agent in Charge Wade of the FBI’s Albuquerque Division. “We hope this case sends a clear message that the FBI and our partners will thoroughly investigate and bring to justice those who seek to enrich themselves at the public's expense.”
Eddy County Sheriff Cage said, “Thank you to our federal partners who worked so hard to help us get some closure for the Eddy County citizens affected by this abuse of their trust and their funds.”
According to the indictment, Whitaker was employed by the Association, a non-profit special purpose government association that provided potable water and a wastewater system to more than 4300 people in Otis, N.M., in Eddy County, as its office manager from 2003 through April 2017. As the Association’s office manager, Whitaker was responsible for controlling the Association’s finances, had access to the Association’s payroll account, and received a company credit card intended for use for Association-related expenses.
The indictment charged that from March 2015 through Feb. 2017, Whitaker perpetrated a scheme to defraud the Association through which she embezzled approximately $800,000.00 of the Association’s funds for her personal use. According to the indictment, Whitaker executed the scheme to defraud in two ways. First, Whitaker defrauded the Association by using its credit card account for personal purposes unrelated to the Association’s business. To this end, Whitaker repeatedly used the credit card to obtain cash advances and initiate other charges at casinos, which she was not authorized to do. Second, Whitaker defrauded the Association by paying off credit card balances through frequent, but unauthorized, online transfers from the Association’s payroll account.
During today’s change of plea hearing, Whitaker pled guilty to one count of wire fraud. In entering the guilty plea, Whitaker admitted that from around 2003 until April 2017, while working as the office manager for the Association, she initiated personal charges and cash advances totaling $792,829.09 on her Association credit card at casinos in New Mexico, causing the Association to sustain an aggregate loss of $816,630.36. Whitaker further admitted that she executed charges, cash advances, and payments by transmitting interstate wire communications that traveled to credit-card company servers in Virginia or Georgia.
The case was investigated by the FBI office in Las Cruces with assistance from the Eddy County Sheriff’s Office. Assistant U.S. Attorneys John A. Balla and Richard C. Williams are prosecuting the case.
Burlington County, New Jersey, Construction Firm to Pay $1.5 Million to Resolve Joint State and Federal False Claims ActionRead the Press Release
NEWARK, N.J. – A Southampton, New Jersey, construction company will pay $1.5 million to resolve allegations that it committed multiple False Claims Act violations by contracting for public construction jobs despite paying its workers a lower hourly wage than required under state and federal law, U.S. Attorney Craig Carpenito and New Jersey Attorney General Gurbir S. Grewal announced today.
The settlement resolves a joint state and federal investigation of Ranco Construction’s labor practices conducted by the U.S. Attorney’s Office and the New Jersey Attorney General. The investigation began after a former Ranco employee filed a federal qui tam, or “whistle-blower,” lawsuit against the company.
In that lawsuit, the relator claimed that Ranco routinely entered into construction contracts with various state and federal entities and certified to the government that its employees were paid hourly wage rates set under federal and New Jersey prevailing wage laws.
The relator alleged, however, that Ranco systematically underpaid several of its workers and then falsified company payroll records to disguise the conduct. The relator worked for Ranco for a total of nine years – first as a laborer and then as an electrician – and left the company in 2016. He alleged in his lawsuit that Ranco forced him out for objecting to the company’s allegedly unlawful practices.
“Companies that contract with the federal government undertake an obligation to pay their employees a fair wage,” said U.S. Attorney Carpenito. “When contractors pay substandard wages and then falsely certify their compliance to the government, they not only cheat their employees, they also gain an unfair advantage in the contract bidding process, all at taxpayer expense.”
“The rules are simple: if a construction company wants to do business with the State of New Jersey, it has to pay its workers a fair wage. Ranco took the State’s money but then failed to keep up its end of the bargain,” said Attorney General Grewal. “As part of today’s settlement, we are recovering nearly half-a-million dollars for New Jersey taxpayers. Just as importantly, we are sending an important message – vendors who do business with public entities in New Jersey must act with integrity and honesty, and will be held accountable if they don’t.”
"The integrity of the DoD procurement system is a priority for the Defense Criminal Investigative Service (DCIS)," stated Special Agent-in-Charge Leigh-Alistair Barzey, DCIS Northeast Field Office. "This settlement agreement is the direct result of a joint effort by DCIS, the U.S. Attorney's Office and the New Jersey Attorney General to ensure that contractors do not gain an unfair competitive advantage by failing to comply with required federal labor laws."
The relator in the underlying qui tam will receive more than $150,000 as his statutory share of the recovery and to resolve his employment based claims in accordance with the False Claims Act. The civil lawsuit was filed in the District of New Jersey and is captioned United States ex rel. Robert Kleinow and the State of New Jersey ex rel. Robert Kleinow and Robert Kleinow individually v. Ranco Construction, Civ. Action No. 15-7278.
The civil settlement is not an admission of liability or improper conduct by Ranco.
U.S. Attorney Carpenito thanked special agents of the U.S. Department of Defense, Defense Criminal Investigative Service, under the direction of Special Agent in Charge Leigh-Alistair Barzey, for their assistance in the investigation.
The government is represented by the Assistant U.S. Attorney David Dauenheimer, Deputy Chief of the U.S. Attorney’s Office Civil Division, and Assistant Attorney General and Section Chief Janine Matton, Deputy Attorney Generals Paul Juzdan, Carla Pereira and Nicholas Kant of the New Jersey Attorney General’s Government & Healthcare Fraud Section.
Counsel for relator: Jennifer M. Carlson Esq., Vineland, New Jersey
Counsel for defendant: Linda D. Hoffa Esq., PhiladelphiaBridgeport Man Who Distributed Heroin to Seymour Overdose Victim is SentencedRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that RICHARD ESTABA, also known as “Raw,” 23, of Bridgeport, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to one day of imprisonment, time already served, six months of home confinement and four years of supervised release, for distributing heroin to an overdose victim in Seymour.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, on July 9, 2017, Seymour Police and emergency medical personnel responded to a residence in Seymour on a report of a suspected drug overdose. In the bathroom of the residence, responders encountered a 29-year-old male who was not breathing and did not have a pulse. The male was pronounced deceased. Investigators seized the victim’s cellphone, multiple folds of suspected heroin marked with two different brand stamps, and other drugs. Subsequent cell phone analysis and witness interviews determined that ESTABA supplied the heroin consumed by the victim shortly before he was found dead.
The Connecticut Office of the Chief Medical Examiner determined that the victim’s death was caused by acute intoxication due to the combined effects of cocaine, etizolam, fentanyl, flubromazolam and heroin.
In August 2017, investigators made a controlled purchase of 10 wax folds of heroin from ESTABA. The folds were marked with a brand stamp that was found on some of the wax folds at the victim’s residence.
ESTABA was arrested on September 20, 2017. On that date, he possessed approximately 400 folds of heroin and $1,300 in cash.
On January 24, 2018, ESTABA pleaded guilty to one count of possession with intent to distribute, and distribution of, heroin.
This matter was investigated by the Drug Enforcement Administration’s New Haven Task Force and the Seymour and Shelton Police Departments. The case was prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Brazilian National Sentenced to 57 Months for Debit Card Fraud and Identity Theft in ATM Skimmer CaseRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced Romany Cutolo Bonente (33, São Paulo, Brazil) to four years and nine months in federal prison for conspiring to produce and use counterfeit debit cards and for aggravated identity theft. He pleaded guilty on December 1, 2017.
According to court documents, between December 2016 and July 2017, Bonente and his co-conspirators fraudulently obtained debit card numbers by attaching skimming devices to various ATMs in the Orlando area, including Longwood, Kissimmee, and Apopka. They also illegally obtained personal identification numbers (PINs) by attaching small video recording devices to the ATMs. The stolen card numbers were then encoded onto counterfeit cards, which they used together with the stolen PINs, to make fraudulent cash withdrawals from the victims’ bank accounts. Investigators recovered more than 2,500 stolen card numbers from Bonente’s laptop computer.
This case was investigated by the U.S. Secret Service, Orlando Field Office, the Apopka Police Department, and the U.S. Secret Service Brazil Resident Office. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.
Boothbay Harbor Man Sentenced to 47 Months for Firearm OffenseRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Michael Brewer, 62, of Boothbay Harbor, Maine was sentenced today in U.S. District Court by Judge Jon D. Levy to 47 months in prison for being a felon in possession of a firearm.
According to court records, an attempted traffic stop of Brewer by the Lincoln County Sheriff’s Office on May 13, 2017 turned into a high-speed case. The chase ended when Brewer crashed and rolled the truck he was driving. A search of the truck revealed that Brewer was in possession of a handgun. It was also determined that Brewer had a blood-alcohol level of .308%.
Brewer was not permitted to possess firearms because of several prior felony convictions, including: Burglary (2015); Criminal Operating Under the Influence (2006); Operating After Revocation (2006); Attempted Murder (1989); and Aggravated Assault (1989).
In pronouncing sentence, Judge Levy noted that the “bone-chilling” high speed pursuit, in combination with Brewer’s criminal history, which consisted of 39 prior convictions, required a lengthy sentence in this case.
The case was investigated by the Lincoln County Sheriff’s Office; the Boothbay Harbor Police Department; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Blunt Man Sentenced for Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Blunt, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on April 30, 2018, by U.S. District Judge Roberto A. Lange.
Robert Dwayne Spaid, age 61, was sentenced to time served equal to 2 days in custody, 2 years of supervised release, a fine of $2,500, forfeiture of a Rossi .22 caliber rifle and 37 rounds of 12-gauge shotgun ammunition, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Spaid was indicted by a federal grand jury on December 13, 2016. He pled guilty on February 8, 2018.
The conviction stemmed from an incident that occurred on October 27, 2016, in Pierre. On that day, Spaid was driving a vehicle in Pierre and was stopped for a traffic violation by deputies from the Hughes County Sheriff’s Office. Spaid’s vehicle was subsequently searched and a .22 caliber rifle was seized from the vehicle. On November 23, 2016, law enforcement executed a search of Spaid’s residence and seized multiple rounds of 12-gauge shotgun ammunition.
Spaid was convicted of Unauthorized Possession of a Controlled Substance (Class 4 Felony) in 2004, making it illegal for him to possess firearms. Spaid will forfeit ownership of the rifle and ammunition to the United States.
This case was investigated by the Hughes County Sheriff’s Office and the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Spaid was released to begin serving supervised release.
Biloxi Man Pleads Guilty to Possession of Child PornographyRead the Press Release
Gulfport, Miss. – Christopher Bryan Smith, age 45, of Biloxi, pled guilty yesterday before United States District Judge Louis Guirola, Jr. to one count of knowingly possessing visual depictions of minors engaging in sexually explicit conduct, announced U.S. Attorney Mike Hurst and Thomas Annello, Acting Special Agent in Charge of U.S. Immigration and Customs Enforcement's Homeland Security Investigations (HSI) in New Orleans.
An investigation conducted by HSI with the Wiggins Police Department and the Gulf Coast Cyber Crime Task Force resulted in the identification of an internet protocol address belonging to Christopher Brian Smith and his use of a computer file sharing program. Thereafter, a federal search warrant was executed on July 13, 2017, at Smith’s Biloxi residence. Smith’s electronic devices were seized and forensic examinations were conducted. The examination reports, as well as the submissions of the visual depictions found and submitted to the National Center for Missing and Exploited Children, resulted in a finding that Smith knowingly possessed visual depictions of minors engaging in sexually explicit conduct, to include visual depictions of a minor who had not attained 12 years of age.
Smith will be sentenced on August 16, 2018, at 9:00 a.m. by U.S. District Judge Sul Ozerden in Gulfport. He faces a maximum penalty of 20 years in prison followed by at least five years of supervised release and a $250,000 fine. The case was investigated by Homeland Security Investigations, the Gulf Coast Cyber Crime Task Force, and the Wiggins Police Department. It was prosecuted by Assistant U.S. Attorney Andrea Jones.
Bangor Man Sentenced in Federal Drug Conspiracy ChargeRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Yanel Greene, a/k/a “Nel”, 35, of Bangor, Maine, was sentenced to eight years imprisonment and a three year term of supervised release in U.S. District Court in Bangor, Maine on his conviction for conspiracy to possess with the intent to distribute and distribute heroin, crack cocaine and oxycodone.
According to court records, between January 2013 and September 2015, Greene conspired with others to distribute cocaine base, heroin and oxycodone in the Bangor area and elsewhere. Greene would obtain the drugs from sources in New York City and arrange for others to transport the drugs back to the Bangor area. Greene would then provide the drugs to others who would distribute the drugs and bring the drug proceeds back to him. The Court held Greene responsible for distributing in excess of one kilogram of heroin and two kilograms of crack cocaine.
The case was related to the prior prosecution of Mario Lee, a/k/a “Moe,” who was sentenced to 218 months imprisonment for his role in the conspiracy. The case was investigated by the Maine Drug Enforcement Agency and the U.S. Drug Enforcement Administration. This case was investigated and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Allentown Man who Bribed Allentown Mayor and Reading School Board President Sentenced to 18 Months in PrisonRead the Press Release
James Hickey, 54, of Allentown, was sentenced today to 18 months in federal prison by U.S. District Judge Juan Sanchez, announced U.S. Attorney William M. McSwain.
Today’s sentencing stemmed from Hickey’s guilty plea in December 2017 to two sets of criminal charges. First, Hickey pled guilty to bribing the Reading school board president in exchange for confidential information about a company’s bid on an energy contract with the school district; Hickey admitted that he wanted this confidential information so that his client could submit a lower bid. Second, Hickey pled guilty to giving campaign contributions to Allentown Mayor Ed Pawlowski so the mayor would steer the city’s street lights contract (worth about $3 million) to a company called The Efficiency Network, for which Hickey worked as a consultant. As stated in the government’s sentencing memo, Hickey said he would provide a steady stream of contributions to Pawlowski but that Pawlowski “has got to perform.” Following a six-week trial that ended in February, a jury found Pawlowski guilty for his part in the pay-to-play scheme.
“This was textbook pay-to-play, and this defendant played it brazenly,” U.S. Attorney McSwain said. “He corrupted the contracting process of each city and left no room for an honest evaluation of contracts for the benefit of the citizens. Under these circumstances, we believe the prison sentence was absolutely justified.”
The case is being prosecuted by Assistant United States Attorneys Michelle Morgan and Anthony Wzorek of the U.S. Attorney’s Office for the Eastern District of Pennsylvania. The case is being investigated by the Federal Bureau of Investigation, Internal Revenue Service - Criminal Investigation and Pennsylvania State Police.
Albuquerque Surgeon Pleads Guilty to Obstructing Enforcement of Child Sex Trafficking LawsRead the Press Release
ALBUQUERQUE – Glenroy Heywood, 55, of Albuquerque, N.M., pleaded guilty late yesterday afternoon in federal court to obstructing the enforcement of the child sex trafficking laws announced U.S. Attorney John C. Anderson, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, and Bernalillo County Sheriff Manuel Gonzales, III.
Heywood, a physician with a general surgery subspecialty, was arrested on Aug. 30, 2017, on an indictment charging him with attempting to recruit or entice a minor to engage in a commercial sex act in Bernalillo County, N.M., on Feb. 8, 2017. Heywood’s medical license has been suspended as the result of the charges in this case.
During yesterday’s change of plea hearing, Heywood pled guilty to a felony information charging him with obstructing, and attempting to obstruct, the enforcement of the federal child sex trafficking statute. In entering the guilty plea, Heywood admitted arranging to meet a person whom he believed to be a 15-year-old female at an Albuquerque-area hotel for the purposed of engaging in a commercial sex act on Feb. 8, 2017. Heywood acknowledged that shortly after he entered the hotel room, law enforcement officers arrested him as he attempted to evade arrest by fleeing out of the room.
At sentencing, Heywood faces a statutory maximum penalty of 20 years in federal prison. Heywood also will be required to register as a sex offender. A sentencing hearing has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Letitia C. Simms is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Albuquerque Man Sentenced for Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Harold Jim, 40, of Albuquerque, N.M., entered a guilty plea today in federal court to violating the Sex Offender Registration and Notification Act (SORNA). Immediately thereafter, Jim was sentenced to 24 months of imprisonment followed by five years of supervised release. Jim will be required to register as a sex offender when he completes his prison sentence pursuant to his previous conviction.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Jim was charged by indictment on April 12, 2016, with violating SORNA by failing to update his sex offender registration from Dec. 10, 2015 through March 8, 2016, in Bernalillo County, N.M.
During today’s proceedings, Jim pled guilty to the indictment and admitted that he registered as a sex offender under SORNA on Dec. 1, 2015, while residing at a halfway house in Albuquerque, but left the halfway house on Dec. 10, 2015. Jim further admitted that he was later arrested by the U.S. Marshals Service on March 8, 2016, in McKinley County, N.M., where he had been living and had not registered under SORNA.
This case was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorney Michael D. Murphy.
14 Charged with Making Fake Prescriptions to Obtain & Distribute Codeine Cough SyrupsRead the Press Release
COLUMBUS, Ohio – Law enforcement officials arrested seven individuals today in “Operation Purple Drank.” Fourteen total were previously indicted by a federal grand jury on charges unsealed today of conspiring to distribute codeine-promethazine, obtaining controlled substances by fraud and illegally using DEA registration numbers. Four defendants are already in custody on prior charges and three have not yet been apprehended.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA), announced the charges.
This investigation began when law enforcement officials with the Wooster Police Department, MEDWAY Drug Enforcement Agency in Wayne County and Parma Police Department identified multiple fictitious prescriptions.
In addition, the Warren County Drug Task Force, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), State of Ohio Board of Pharmacy, Ohio Bureau of Criminal Investigation, Delaware County Sheriff’s Office, Hocking County Major Crimes Unit and the Columbus, Dublin and Gahanna police departments also investigated this case.
According to the indictment, from January 2016 until February 2017, the co-conspirators allegedly created a significant number of fraudulent and forged prescriptions for codeine-promethazine syrup. It is also alleged that individuals were recruited to travel from Columbus, Ohio to various pharmacies in Ohio to fill the fake prescriptions.
Those charged include:
Name
Age
City
Mohamed A. Mohamed
25
Grove City
Sade S. Abdisaliis
21
Columbus
Abulkadir A. Yusuf
28
Columbus
Siyad A. Haji
26
Columbus
Mahdi H. Mohamed
23
Columbus
Abdirashid M. Ahmed
24
Columbus
Liban A. Hassan
25
Columbus
Alinoor S. Alinoor
23
Gahanna
Samatar A. Haji
23
Columbus
Ibrahim A. Shoble
29
Columbus
Abdifahi H. Abdirizak
21
Columbus
Ismail C. Cusmaan
22
Columbus
Alla-Magan M. Gani
21
Columbus
Mohamed H. Hashi
25
Columbus
The 17-count indictment includes 13 counts of obtaining substances by fraud. It also includes use of a fictitious DEA registration number and use of another’s DEA registration number.
U.S. Attorney Glassman commended the cooperative investigation of this case by federal, state and local law enforcement, including the assistance of more than 25 police departments statewide, as well as Assistant United States Attorney David J. Bosley, who is prosecuting the case.
An indictment merely contains allegations, and the defendants are presumed innocent unless proven guilty in a court of law.
# # #
10 Charged in Federal Drug SweepRead the Press Release
TAUNTON – 10 individuals were charged in federal court in Boston on federal drug trafficking and money laundering offenses in connection with distributing cocaine in and around the Taunton and Worcester areas. Seven of the defendants were arrested today; three are fugitives.
In a federal indictment unsealed today, the following 10 individuals were charged in connection with their roles in a cocaine trafficking conspiracy that operated between May 2016 and April 2018:
- Samuel Rodriguez, 59, of Taunton, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine; one count of distribution and possession with intent to distribute 500 grams or more of cocaine; and one count of conspiracy to launder monetary instruments;
- Pedro Oyola, 33, of Cayay, Puerto Rico, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and one count of conspiracy to launder monetary instruments;
- Jose Santos, 47, of Fall River, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and one count of conspiracy to launder monetary instruments;
- Tina Rodriguez, 45, of Worcester, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and one count of conspiracy to launder monetary instruments;
- Edgar Rios-Lopez, 38, of Naranjito, Puerto Rico, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and one count of conspiracy to launder monetary instruments;
- Luis Elias, 43, of Worcester, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and one count of conspiracy to launder monetary instruments;
- George Torres, 41, of Taunton, was charged with one count of distribution and possession with intent to distribute 500 grams or more of cocaine;
- Debra Demoranville, 49, of Taunton, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and one count of conspiracy to launder monetary instruments;
- Angel Oyola, 35, of Caguas, Puerto Rico, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine; and
- Ricardo Zayas Ramos, 21, of Pawtucket, R.I., was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine.
Seven of the defendants were arrested this morning; Pedro Oyola, Angel Oyola, and Luis Elias are presently fugitives.
The charges are the culmination of a nine-month investigation aimed at attacking the increased volume of cocaine flooding southern and central Massachusetts. The defendants allegedly controlled and managed a lucrative and sophisticated drug trafficking and distribution ring in the region.
The charge of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine provides for a sentence of up to life in prison, five years of supervised release, and a fine of $10 million. The charge of distribution and possession with intent to distribute 500 grams or more of cocaine provides for a sentence of no greater than 40 years in prison, four years of supervised release, and a fine of $5 million. The charge of conspiracy to launder monetary instruments provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $500,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Albert Angelucci, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Bristol County District Attorney Thomas Quinn; and Fairhaven Police Chief Michael Myers made the announcement today. Assistant U.S. Attorney Miranda Hooker of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
**Update: Defendant Suzy Tamras-Martin was acquitted of the charges alleged in the indictment described in this news release.**Read the Press Release
CHICAGO — The elevator foreman at the University of Illinois at Chicago received bribes from the owner of a suburban company in exchange for steering the school’s elevator repair work to it, according to an indictment returned in federal court in Chicago.
The indictment accuses the UIC employee, JAMES HERNANDEZ, of pocketing more than $200,000 in bribes from SUZY TAMRAS-MARTIN, the owner of Willbrook-based Smart Elevators Co. Tamras-Martin concealed the bribes by issuing checks payable to Hernandez’s daughter, and falsely describing the payments in company records as “professional fees,” the indictment states. Hernandez allegedly forged his daughter’s endorsement on the checks and deposited them into a bank account he controlled. The charges allege that Tamras-Martin made the payments with the intent to influence and reward Hernandez in connection with his official duties at UIC, which included the referral of the school’s elevator service and repair work.
The seven-count indictment was returned Tuesday and ordered unsealed today. It charges Hernandez, 54, of Tinley Park, and Tamras-Martin, 68, of Naperville, with one count of conspiracy to commit federal program bribery, and three counts apiece of federal program bribery.
Hernandez was arrested this morning. He pleaded not guilty at an afternoon arraignment before U.S. District Judge Edmond E. Chang and was ordered released on a recognizance bond. An arraignment date for Tamras-Martin has not yet been scheduled.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation. The government is represented by Assistant U.S. Attorneys Yasmin N. Best and Rick D. Young.
From 2011 to 2015, UIC paid Smart Elevators more than $5 million for servicing and repairing elevators. The bribery scheme began in April 2013 and continued through at least August 2015, the indictment states. The indictment seeks forfeiture from Hernandez of approximately $208,700 in cash.
The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The conspiracy charge is punishable by up to five years in prison, while the maximum sentence for federal program bribery is ten years. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. Sentencing Guidelines.
Tuesday 1 May 2018
Vero Beach Orthopedic Surgeon Convicted at Trial of Fentanyl Analog Drug Conspiracy Resulting in DeathRead the Press Release
Johnny Clyde Benjamin, Jr., M.D., an orthopedic surgeon practicing in Vero Beach, Florida, was found guilty by a federal jury in Fort Lauderdale, on April 27, 2018, of conspiracy to possess with intent to distribute Furanyl Fentanyl which resulted in death, aiding and abetting the distribution of Furanyl Fentanyl which resulted in death, attempted possession with intent to distribute Acetyl Fentanyl, possession with intent to distribute Oxycodone, and conspiracy to possess with intent to distribute Hydrocodone and Oxycodone.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida; Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, Peter J. Forcelli, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office; Peter Kuehl, Acting Special Agent in Charge, U.S. Food and Drug Administration, Office of Criminal Investigations (FDA-OCI); Mark Selby, Special Agent in Charge, U.S. Immigration and Custom Enforcement’s Homeland Security Investigations (ICE-HSI); Dave Aronberg, State Attorney, Palm Beach County State Attorney’s Office; Bruce Colton, State Attorney for the 19th Judicial Circuit; Ric Bradshaw, Sheriff, Palm Beach County Sheriff’s Office (PBSO); Deryl Loar, Sheriff, Indian River County Sheriff’s Office; and Renee Purden, Chief, Orlando Melbourne Airport Police Department, made the announcement.
The evidence presented at the trial established that on September 1, 2016, a young woman who resided in Wellington, Florida died after overdosing on counterfeit oxycodone pills. The pills contained a Fentanyl analog, Furanyl Fentanyl, as the active ingredient. Furanyl Fentanyl is an extremely powerful synthetic opioid, many times more powerful than street level heroin or oxycodone.
Following a toxicology analysis, the Office of the District Medical Examiner of Palm Beach County attributed the cause of decedent’s death to the Furanyl Fentanyl.
An extensive investigation by law enforcement identified Dr. Benjamin as the source of the Furanyl Fentanyl pills that caused the decedent’s death. The investigation also revealed that Dr. Benjamin was involved with the manufacture and distribution of counterfeit oxycodone pills, outside the South Florida area.
The jury acquitted Dr. Benjamin on all firearms charges, including possession of a firearm in furtherance of a drug trafficking crime.
Dr. Benjamin is scheduled to be sentenced by U.S. District Court Judge William P. Dimitrouleas on July 6, 2018 at 1:30 p.m.
Dr. Benjamin faces a mandatory minimum of 20 years in prison, up to a maximum term of life, for the conspiracy to possess with intent to distribute Furanyl Fentanyl (resulting in death) and distribution of Furanyl Fentanyl (resulting in death); a maximum of 20 years in prison for attempted possession with intent to Acetyl Fentanyl; a maximum of 20 years in prison for possession with intent to distribute Oxycodone; and a maximum of 20 years in prison for conspiracy to possess with intent to distribute Hydrocodone and Oxycodone.
This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
Mr. Greenberg commended the investigative efforts of DEA, ATF, FDA-OCI, PBSO, HSI-ICE, Indian River County Sheriff’s Office, and Orlando Melbourne Airport Police Department. Mr. Greenberg also thanked the Palm Beach County State Attorney’s Office and State Attorney’s Office for the 19th Judicial Circuit for their assistance. This case is being prosecuted by Assistant U.S. Attorneys John McMillian and Rolando Garcia.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Upper Marlboro Man Sentenced to Thirty Months in Prison for Marijuana and Gun ChargesRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – On April 30, 2018, U.S. District Judge Deborah K. Chasanow sentenced Tony Alexander McCright, age 44, of Upper Marlboro, Maryland today to thirty months in prison, followed by three years of supervised release, for conspiracy to distribute and possess with intent to distribute marijuana and with being a felon in possession of a firearm and ammunition. Judge Chasanow also ordered McCright to forfeit $44,671 and pay a $10,000 fine.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; and Chief Henry P. Stawinski III of the Prince George’s County Police Department.
According to his plea agreement, on August 17, 2017, law enforcement executed a search warrant at McCright’s residence in Upper Marlboro. During the course of the search, law enforcement located 19 buckets, one storage bin, and one black duffel bag containing approximately 138.4 pounds or 62,777 grams of marijuana; one loaded .22-caliber handgun and 10 rounds of .22 short-caliber Super X ammunition; two digital scales; one heat sealer and heat sealer bags; a money counter; two cell phones; and $12,721 in U.S. currency.
On September 21, 2017, law enforcement executed a federal arrest warrant at McCright’s residence. Law enforcement observed a strong odor of marijuana in the garage and located approximately 1,816 grams of marijuana, one heat-sealed bag containing two vials of liquid THC, and $31,950 in U.S. currency.
United States Attorney Robert K. Hur praised the DEA and the Prince George’s County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Ray D. McKenzie, who prosecuted the case.
United States Attorney’s Office Supports Advocacy Day for Access and IndependenceRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that in its continued efforts to support the commitments in the Americans with Disabilities Act (ADA), the U.S. Attorney’s Office participated in Advocacy Day for Access and Independence 2018 this past week.
This annual event was led by Able SC, which is a Center for Independent Living organization, whose mission includes empowering people with disabilities to live active and self-determined lives. There were several speakers on the State House grounds for the April 25, 2018 event including members of the SC General Assembly, various SC Departments, disability advocates, non-profit entities, and members of the disability community. Support groups from around the state participated and hundreds of people attended the event.
Assistant United States Attorney Rob Sneed participated on behalf of the U.S. Attorney’s Office. AUSA Sneed is one of two prosecutors in the US Attorney’s Office whose practice is largely civil rights enforcement. AUSA Sneed focused his remarks on the Department of Justice’s Project Civic Access (PCA). Access to civic life is a fundamental part of American society and The ADA requires that state and local governments be accessible to people with disabilities. PCA a wide-ranging effort to ensure that counties, cities, towns, and villages comply with the ADA by eliminating physical and communication barriers that prevent people with disabilities from participating fully in community life. The Department of Justice has conducted reviews across the entire country, in all fifty states, territories, and the District of Columbia. It has resulted in hundreds of settlement agreements for communities to come into ADA compliance. These agreements are tailored to address the steps each community must take to improve access. PCA agreements typically include requirements to make physical modifications to facilities so that, among other elements, parking, routes into buildings, entrances, assembly areas, restrooms, service counters, and drinking fountains are accessible to people with disabilities. Other common provisions address effective communication (e.g., telephone communications), grievance procedures, polling places, emergency management procedures and policies, sidewalks, domestic violence programs, and ensuring that an entity’s official website and other web-based services are accessible to persons with disabilities.
In South Carolina, the U.S. Attorney’s Office and Department of Justice have conducted several reviews of local and state governmental ADA compliance since 1994, resulting in several agreements with all levels of local government. AUSA Sneed said that these ADA reviews in South Carolina have generally been positive and most governmental entities have responded cooperatively. He further noted that the majority of officials are aware of their ADA obligations and have made progress in meeting them. The work is ongoing however, and barriers remain for people in the disabled community.
U.S. Attorney Drake noted that, “Thank you to all of our South Carolina officials who are committed to providing equal access to all residents and visitors with disabilities. These officials have positively impacted the lives of millions of Americans with disabilities through Project Civic Access. As a result of their commitment and that of the trial attorneys in our office and at the Department of Justice, the injustice of being denied access to government buildings or participating in government programs, services, and activities is becoming a thing of the past for Americans with disabilities.”
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U.S. Attorney’s Office honors and recognizes National Police WeekRead the Press Release
United States Attorney Josh J. Minkler recognizes the dedication and bravery of Indiana law enforcement officials
PRESS RELEASE
Indianapolis-As part of National Police Week, United States Attorney Josh J. Minkler publicly thanks, recognizes, and honors the men and women who serve our great state as Indiana law enforcement officers.
“Aside from the men and women who serve alongside me in the Office of the United States Attorney, working with Indiana law enforcement officers has been my greatest professional privilege,” said Minkler. “I am deeply humbled when I think of the sacrifices and unmatched bravery these dedicated professionals demonstrate day after day. During a time in our country when the integrity of public servants is called into question by the actions of few, I stand resolute in my determination to honor and recognize these fine public servants during this week and beyond. I encourage all members of our community to stand shoulder-to-shoulder encircling the efforts of our police officers, and to thank them whenever the opportunity presents itself.”
According to the Officer Down Memorial page, 48 officers have been killed in the line of duty in 2018. Of those, 25 were killed by gunfire. Central Indiana’s most recent loss includes Boone County Jacob Pickett who died as a result of gunfire March 2, 2018. In 2017, 128 officers were killed in the line of duty, 44 by gunfire. Southport Police Officer Aaron Allan was killed July 22, 2017.
At both funerals, Minkler read heartfelt letters from Attorney General Jeff Sessions to the fallen officer’s widow.
“When an officer dies in the line of duty, a small part of the community dies as well,” said Minkler. “I ask all of Central and Southern Indiana to acknowledge the heroism and professionalism of our officers the next time you come across one and thank them for their service. We owe our safety and wellbeing to them.”
The United States Attorney’s Office recognizes the exemplary efforts of local law enforcement officers through USAO Awards that are announced and distributed within the respective communities in the district. The following officers have been recognized in the last 12 months:
Detective Bryan Brown, Evansville Police Department
Secret Service Agent Michael Moore
FBI Special Agent Vanessa Shaw
Detective Robert Wies, Evansville Police Department
FBI Special Agent Ryan Barrett
FBI Special Agent Andrew Willman
Officer Martin Loya, Jasper Police Department.
Additionally, the USAO recognizes and thanks officers from the Indianapolis Metropolitan Police Department and Evansville Police Department assigned to support the USAO’s reinvigorated Project Safe Neighborhoods initiative. PSN is one platform being utilized by the USAO and the Department to stem the violence in our cities.
U.S. Attorney’s Office Concludes Investigation into Fatal Shooting in Northeast WashingtonRead the Press Release
WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against an officer from the Metropolitan Police Department (MPD) who was involved in the Feb. 23, 2017, fatal shooting of Timothy Williams in Northeast Washington.
The U.S. Attorney’s Office and the Metropolitan Police Department (MPD) conducted a comprehensive review of the incident, including interviews of civilian and law enforcement witnesses, and the review of body worn camera (BWC) and other video footage; autopsy and toxicology reports; District of Columbia Department of Forensic Sciences reports, photographs, and diagrams; audio transmissions; and physical evidence collected on the scene, including a loaded Springfield XD-9 semi-automatic pistol; 12 Speer 9mm Luger 14 cartridge casings; and an extended clip magazine loaded with 26 Speer 9mm Luger 14 cartridges.
According to the evidence, on Feb. 23, 2017, at approximately 10:42 p.m., two Fifth District Crime Suppression Team (CST) officers were on patrol in an unmarked MPD cruiser in the vicinity of Morse and Holbrook Streets NE. MPD officials had deployed the officers, and numerous other CST officers from both the First and Fifth Districts, to that area because of a shooting and a reported sound of gunshots that had occurred earlier that day, both within a one-mile radius.
As the officers drove northbound in the 1200 block of Holbrook Street NE, they saw an individual, later-identified as Mr. Williams, walking on the sidewalk. As corroborated by civilian witnesses, Mr. Williams was fidgeting, acting strangely, and repeatedly looking back in the direction of police activity that was occurring a block away. When one of the officers rolled down his passenger window to ask Mr. Williams if he could speak with him, Mr. Williams mumbled an expletive and continued walking. The officer, who was in full uniform, then exited the cruiser and walked several feet behind Mr. Williams, as the other officer drove the cruiser slowly forward. When Mr. Williams reached the intersection of Morse and Holbrook Streets, he cut behind the cruiser and ran in a diagonal direction across the intersection. After a brief chase, Mr. Williams tripped over a stop sign and stumbled into the rear driver’s side panel of the cruiser. As he was falling to the ground, Mr. Williams dropped an extended clip magazine loaded with 26 Speer 9mm Luger 14 cartridges, on which his DNA was later recovered. Mr. Williams stood up quickly, but the officers were able to grab his arms. When Mr. Williams started to struggle, the two officers used hand controls to take him to the ground.
Once on the ground, one of the officers attempted to search Mr. Williams’s waistband, but Mr. Williams continued to struggle, even briefly standing again. As corroborated by a civilian witness, Mr. Williams then pulled out a weapon from his waistband and fired multiple rounds. One of the officers took cover beside the officers’ cruiser, as the other officer continued to struggle with Mr. Williams until they both fell to the ground. Upon seeing Mr. Williams’s finger in the trigger of the weapon, the officer grabbed the barrel of the weapon to direct it away from his [the officer’s] head. From a position by the rear of the cruiser, the other officer, who could see Mr. Williams and his partner struggling on the ground for possession of the weapon, fired two rounds at Mr. Williams, striking him in the right knee and right ankle, but not incapacitating him. As Mr. Williams and the officer continued to struggle for possession of Mr. Williams’s weapon, the officer on the ground, who had not had the opportunity to unholster his own weapon, yelled for his partner to “shoot him! Shoot him!” The second officer then fired three more rounds into Mr. Williams’s back. As Mr. Williams’s body went limp, the officer on the ground was finally able to grab the weapon from Mr. Williams’s hand. When the officer attempted to stand up, however, he collapsed to the ground with a gunshot to his lower left abdomen. The shooting officer was also shot in his right buttock.
Personnel with the District of Columbia Department of Fire and Emergency Medical Services transported Mr. Williams, 47, to Howard University Hospital, where he was pronounced dead. An autopsy confirmed that Mr. Williams was shot five times, including three times in the back and twice in the lower extremities. The two officers were transported to MedStar Washington Hospital Center, where they were admitted in stable condition. The officer who was shot in the abdomen underwent surgery and remained in the hospital for several days, and the other officer was treated and released several hours later.
After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the officer used excessive force under the circumstances. To the contrary, there is sufficient evidence that the officer was acting in self-defense and defense of others at the time of the shooting.
Use-of-force investigations generally
The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law. To prove such violations, prosecutors must be able to prove that the involved officers willfully used more force than was reasonably necessary. Proving “willfulness” is a heavy burden. Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids. A conclusion that “there is insufficient evidence” is not meant to suggest anything further about what evidence, if any, exists.
The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are investigated fully and completely. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.
U.s. Attorney, Joe Brown, Leads Delegation of Prosecutors and Law Enforcement Officials to ColombiaRead the Press Release
SHERMAN, Texas – Last week, the U.S. Attorney for the Eastern District of Texas led a delegation of prosecutors and DEA officials to Bogota and Cartagena, Colombia to meet with Colombian government officials concerning the Eastern District’s prosecution of high-level drug traffickers operating out of Colombia.
Over the course of the last three years, federal prosecutors in the Eastern District of Texas have indicted over 200 cocaine traffickers from Central and South America. The investigations led by the Eastern District of Texas have resulted in the extradition and successful prosecution of some of the most significant cocaine traffickers in the world. These investigations have directly resulted in the seizure of over 59 tons of cocaine, 23 kilograms of heroin, 1 kilogram of fentanyl, 1,756 kilograms of marijuana, and $12.1 million.
“Federal prosecutors from my office along with local agents with the Drug Enforcement Administration have worked very hard to cultivate strong relationships with law enforcement and government officials in the Republic of Colombia,” said Brown. “These relationships have allowed us to prosecute some of the largest cocaine traffickers in the world. We, in the Eastern District of Texas, are taking the fight to the cocaine cultivators, laboratory owners, traffickers, and corrupt government officials who are flooding our streets with cocaine. I am proud that our investigations have directly resulted in the seizure of over 59 tons of cocaine and am enthusiastic that we will continue to make great strides in stopping the flow of cocaine before it ever reaches our shores.”
With the exception of the Southern District of Florida, the Eastern District of Texas prosecutes more Colombian drug traffickers than any other federal district in the country. Recently, Eastern District of Texas cases have resulted in the seizures of multiple tons of cocaine destined for the United States via semi-submersible watercraft including one prominent seizure, which garnered national and international headlines.
https://www.usatoday.com/story/news/nation-now/2017/12/11/u-s-coast-guard-intercepts-semi-submersible-vessel-packed-3-800-pounds-cocaine/939668001/.
During his trip to Colombia, U.S. Attorney Brown met with high-level delegations from the Colombian Attorney General’s office and the Colombian Navy. Most significantly, he held a productive meeting with the Commander of the Colombian National Army and Police, General Jorge Nieto. U.S. Attorney Brown commented, “In my meetings with General Nieto and others, I was proud to hear what the Eastern District prosecutors have done in this important effort. I expressed our gratitude for the work done by Colombian authorities and expressed our unwavering commitment to continuing this fight against Transnational Organized Crime.”
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U.S. Attorney Joe Brown receives recognition from General Jorge Hernando Nieto Rojas, Commander General of the Colombian National Police for the Eastern District’s prosecution efforts.
Representatives of the U.S. Attorney’s Office for the Eastern District of Texas meet with representatives of the Columbian National Police regarding joint efforts to combat narcotic trafficking in Colombia and the United States.Two Sentenced for Conspiring to Rob Drug Money from Undercover AgentRead the Press Release
McALLEN, Texas – Two illegal aliens residing in Pharr have been ordered to federal prison for conspiring to interfere with commerce by threats or violence and to carrying a firearm during and in relation to a crime of violence, announced U.S. Attorney Ryan K. Patrick. Rogelio Acosta-Moctezuma, 39, and Jose Israel Villa-Reyes, 28, admitted they conspired to rob an undercover agent. Acosta-Moctezuma also pleaded guilty to an unrelated charge of conspiring to export defense articles.
Today, U.S. District Judge Micaela Alvarez imposed a 107-month sentence for Acosta-Moctezuma, while Villa-Reyes was ordered to serve 103 months. Not U.S. citizens, both are expected to face deportation proceedings following their sentences. In handing down the sentence, Judge Alvarez noted that while no one was hurt in this case, there is a bad problem south of the border with violence drug cartels commit and that she is seeing more of that violence being imported here. She noted those concerns and the fact that the crime occurred in a public place.
On Feb. 1, 2017, a confidential informant negotiated the purchase of two kilograms of cocaine and three kilograms of methamphetamine for $60,000. The informant arrived at a parking lot in Pharr with an undercover agent to meet with Acosta-Moctezuma and Villa-Reyes and pick up the narcotics.
Shortly after their arrival, the agent said he was going to call for the delivery of the money. While on the phone, Acosta-Moctezuma exited the vehicle and approached the agent, at which time law enforcement arrested him. A pistol was in his waistband, which he admitted was given to him for the purpose of meeting with the buyers. Villa-Reyes remained in the vehicle, but was also found with a pistol.
The packages they brought to the transaction revealed the presence of Styrofoam and another substance, but no narcotics.
Both admitted they went to the meeting with the weapons not to sell drugs but to steal the $60,000.
In the unrelated case involving the conspiracy to export defense articles, Acosta-Moctezuma admitted to supplying a .223 rifle to an undercover agent posing as a buyer who was going to smuggle the rifle to Mexico. He was sentenced to 37 months in prison on that case, to run concurrent with the robbery charge.
Both men will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of the Border Patrol’s Evidence Collection Team and the Pharr Police Department. Immigration and Customs Enforcement’s Homeland Security Investigations conducted the unrelated defense articles investigation. Assistant U.S. Attorney Joseph Leonard is prosecuting the case.