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6 June 2018
Orchard Park Man Pleads Guilty to Assaulting A Woman During A United Airlines FlightRead 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 Michael Hildebrand, 50, of Orchard Park, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to assault within the special aircraft jurisdiction of the United States. The charge carries a maximum penalty of six months in jail and a fine of $5,000.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on December 20, 2017, the defendant was a passenger on a United Airlines flight from Newark, NJ to Buffalo, NY. During the flight, Hildebrand assaulted a woman by grabbing the victim’s groin area without consent.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.
Sentencing is scheduled for September 7, 2018, at 11:00 a.m. before Judge Roemer.
Official Statement from U.S. Attorney Dunavant on the Commutation of Alice Marie JohnsonRead the Press Release
Memphis, TN – "As United States Attorney for the Western District of Tennessee, I took an oath to support and defend the Constitution of the United States, and to faithfully execute and enforce the laws of Congress. Included in our Constitution is the absolute power and authority of the President to grant Executive Clemency relief, and I understand and respect the President’s decision to grant a commutation of Ms. Johnson’s sentence. Vigorous and consistent federal prosecution of violations of the Controlled Substances Act, including major drug trafficking organizations and money laundering schemes, are a top priority of this office and the Department of Justice, and we will continue to promote public safety and enforce the rule of law in the Western District of Tennessee by aggressively pursuing such cases."
New York City Correction Officer Pleads Guilty to Bribery ConspiracyRead the Press Release
Earlier today, in federal court in Brooklyn, Christian Mizell, a correction officer employed by the New York City Department of Corrections (“DOC”), pleaded guilty to participating in a bribery conspiracy with other correction officers. As part of his guilty plea allocution, Mizell admitted that he smuggled contraband to inmates at the Manhattan Detention Center in exchange for thousands of dollars in cash payments. Today’s plea was held before United States District Judge Pamela K. Chen.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, James J. Hunt, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), and Mark G. Peters, Commissioner, New York City Department of Investigation (DOI), announced the guilty plea.
As alleged in the indictment and statements made in court, Mizell conspired with others, through text messages and phone calls, to arrange with co-conspirators to deliver marijuana covertly to Mizell and other correction officers.
When sentenced, Mizell faces up to five years in prison, as well as a fine of up to $250,000.
The government’s case is being handled by Assistant United States Attorney Erik Paulsen of the Office’s Public Integrity Section and Nomi Berenson of the Office’s International Narcotics and Money Laundering Section.
The Defendant:
Christian Mizell
Age: 48
Queens, New YorkE.D.N.Y. Docket No. 18-CR-60 (PKC)
Montgomery Man Sentenced to over 10 Years in Federal Prison for His Role in Drug Trafficking ConspiracyRead the Press Release
Defendant is latest to be sentenced out of nearly two dozen defendants after long-term narcotics investigation
BECKLEY, W.Va. – A Montgomery man was sentenced to federal prison on drug charges, announced United States Attorney Mike Stuart. Rory White, also known as “Dub,” 34, of Montgomery, previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin and a quantity of oxycodone. White was sentenced to 125 months – 10 years and 5 months -- in federal prison.
U.S. Attorney Stuart commended the cooperative investigative efforts of several agencies, led by the Federal Bureau of Investigation and the Raleigh County Drug and Violent Crime Task Force. The Drug Enforcement Administration, the Beckley Police Department, the Raleigh County Sheriff’s Department, the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service also provided assistance throughout the investigation.
“More than ten years are deserved,” said United States Attorney Mike Stuart. “In addition to White, we will continue filling up our prisons with drug dealers who care not a bit about our children and our public’s welfare.”
White previously admitted that between October 2016 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants. During this time period, White admitted to working with Cheyenne Fragale and others to distribute heroin and oxycodone in the Fayette County area. White also admitted that he distributed approximately 5,400 thirty milligram oxycodone tablets and approximately 900 grams of heroin to Cheyenne Fragale and others. He further admitted that he knew Cheyenne Fragale and others intended to redistribute the pills and heroin. The drug trafficking organization was responsible for distributing oxycodone, methamphetamine, and heroin in and around Fayette County.
Several individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Five defendants have been sentenced for their involvement in the drug conspiracy. Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, have been sentenced by United States District Judge Irene C. Berger. Cheyenne Fragale received a sentence of 12 years in federal prison while Macon Fragale will serve 16 years and 8 months. Tiffany Ramsey, also from Boomer, was sentenced to 46 months in federal prison by Judge Berger. Dominic Copney of Beckley, has been sentenced to two years in federal prison by Senior United States District Judge David A. Faber. Donald Scalise, of Montgomery, was sentenced to three years in federal prison for conspiring to distribute oxycodone. He was also sentenced by United States District Judge Irene C. Berger. Others still awaiting sentencing include Velarian Carter, of Beckley, who faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on July 10, 2018. Detria Carter, of Beckley, faces a mandatory minimum sentence of not less than five and up to 40 years in federal prison when she is sentenced on July 2, 2018. Shawn Akiem Anderson, of Mt. Hope, faces up to 10 years in federal prison when he is sentenced on July 11, 2018.
Karl Funderburk, of Teays Valley, who previously pled guilty to a gun charge, faces at least 5 years and up to life in federal prison for using and carrying a firearm during a drug trafficking crime when he is sentenced on July 10, 2018.
Shaun Jones has entered a guilty plea to possession with intent to distribute more than 100 grams of heroin. Jonathan Moore has entered a guilty plea to possession with intent to distribute more than 500 grams of cocaine. Each faces at least five years and up to 40 years in federal prison when they are sentenced on July 11, 2018.
Corey Larkin previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and more than 100 grams of heroin. He also faces at least five years and up to 40 years in federal prison when he is sentenced on July 11, 2018.
Esau Burnette, of Beckley, has entered a plea to conspiracy to manufacture, distribute, and possess with intent to distribute more than 28 grams of cocaine base and a quantity of cocaine. He faces at least five years and up to 40 years in federal prison when he is sentenced on July 10, 2018. James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on July 10, 2018 after entering a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin.
George E. Brockman, II, of Montgomery, entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of cocaine, and a quantity of oxycodone. Charles Hill, aka “Unc,” of Beckley, entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, and a quantity of cocaine. They both face at least five years and up to 40 years in federal prison when they are sentenced on July 11, 2018.
Jonathan O. Brockman of Kimberly, Fayette County, previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of fentanyl, a quantity of oxycodone, and a quantity of marijuana for remuneration. David Shaun Coleman of Fayette County entered his plea to conspiracy to distribute more than 100 grams of heroin and a quantity of oxycodone. Rashaun Carter, aka “Show,” of Raleigh County, pled guilty to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, more than 100 grams of heroin, and a quantity of cocaine, and a quantity of fentanyl. Each of these defendants face at least five years and up to 40 years in federal prison when they are sentenced on July 24, 2018.
Derrick L. Staples, of Charleston, entered a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin and faces a minimum of 10 years and up to life in federal prison when he is sentenced on July 24, 2018. Shaun L. Givens, of Beckley, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and faces at least five years and up to 40 years in federal prison when he is sentenced on July 25, 2018.
Assistant United States Attorney Timothy D. Boggess handled the prosecutions. United States District Judge Irene C. Berger imposed the sentence.
These cases are being 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. 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.
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Monongalia County man admits to sex offender registry violationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Robert W. Tucker, Jr., of Star City, West Virginia, has admitted to a sex offender registration violation, United States Attorney Bill Powell announced.
Tucker, age 43, pled guilty to one count of “Failure to Update Sex Offender Registration.” Tucker admitted to traveling from Monongalia County, West Virginia to South Carolina and North Carolina, without updating his registry, as required by law, in August 2016 and September 2017.
Tucker faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The United States Marshals Service investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Miami Man Sentenced to 10 Years in Prison for Attempted Enticement of a MinorRead the Press Release
District Judge Claire V. Eagan sentenced Thomas Crawfish Mathews, 35, of Miami, to 10 years in prison followed by 7 years of supervised release for attempted enticement of a minor. Mathews must also pay special assessments in the amount of $5,100. Upon release from confinement, Mathews will be required to register as a sex offender.
On March 6, 2018, Mathews pleaded guilty to one count of attempted enticement of a minor. On August 31, 2017, the Miami Police Department created a post on the “Whisper” application. “Whisper” is a social media application that can be downloaded on a phone and is commonly used to communicate with other users. The post identified the user as a minor. Mathews engaged in a lengthy text conversation with a person he believed to be 13 years of age and in the 8th grade. During the conversation, Mathews discussed his desires to have sexual relations with the person he believed to be 13.
United States Attorney Shores stated, “This defendant deserves every day of his 120 month sentence because of his reprehensible criminal acts. Child predators are a scourge upon society. We will protect children in northeastern Oklahoma from predators like Thomas Mathews. I commend the collaborative efforts of Homeland Security Investigations and the Miami Police Department to bring this defendant to justice.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The charges are the result of an investigation by Homeland Security Investigations and the Miami Police Department. Assistant United States Attorneys Jeffrey A. Gallant and Shannon B. Cozzoni handled the prosecution of this case.
Mexican Man Sentenced to Federal Prison for Illegal ReentryRead the Press Release
GREAT FALLS – Irving Uriel Galindo Santos, a 29-year-old Mexican citizen, was sentenced today to 6 months in prison followed by 2 years supervised release after pleading guilty to illegal reentry on February 28, 2018. U.S. District Judge Brian M. Morris handed down the sentence.
In December 2017, Galindo Santos was found in Cut Bank, Montana, by deputies with the Glacier County Sheriff’s Office. The deputies then contacted the United States Border Patrol (USBP) for assistance. The USBP agents confirmed Galindo Santos’ identity, alien status, prior deportation, and prior felony conviction at the Border Patrol station after taking his fingerprints. Galindo Santos was convicted of felony unlawful delivery of methamphetamine in Oregon on February 15, 2007. He was removed from the United States on April 26, 2008.
Galindo Santos confirmed that he was born in Hidalgo, Mexico, and his parents were born in Mexico. In November 2016, he climbed over the wall at the international boundary near San Diego. He traveled to Oregon and ultimately moved to Cut Bank, Montana, in November 2017. He did not have permission to reenter the United States.
The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Glacier County Sherriff’s Office and United States Border Patrol.
Meriden Man Sentenced to 5 Years in Prison for Role in Cocaine and Crack RingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that SHANE BLAKE, 35, of Meriden, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 60 months of imprisonment, followed by four years of supervised release, for trafficking narcotics.
This matter stems from a joint investigation headed by the DEA New Haven Task Force into a central Connecticut cocaine and crack cocaine trafficking ring. The investigation, which included the use of court-authorized wiretaps, controlled purchases of crack cocaine and seizures of cocaine and cash proceeds, revealed that Carlos Roman, also known as “Frizz,” of Middletown served as a primary distributor of narcotics for the organization, and that he regularly converted, or “cooked,” cocaine into crack cocaine. During the investigation, an undercover officer made five controlled purchases of redistribution quantities of crack from Roman.
On April 11, 2017, Roman was arrested in possession of approximately 500 grams of cocaine. A subsequent search of his residence revealed a .380 caliber handgun. While Roman was incarcerated, BLAKE assisted the drug trafficking organization by obtaining cocaine and converting it to crack cocaine for distribution.
On July 20, 2017, a grand jury in New Haven returned a nine-count indictment charging BLAKE, Roman and nine other individuals with various offenses.
BLAKE has been detained since his arrest on July 26, 2017. On March 8, 2018, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 500 grams or more of cocaine and 28 grams or more of cocaine base (“crack”).
Roman previously pleaded guilty to one count of with conspiracy to distribute and to possess with intent to distribute five kilograms or more of cocaine and 280 grams or more of cocaine base, and one count of possession of a firearm by a previously convicted felon. On April 12, 2018, he was sentenced to 120 months of imprisonment.
This matter is being investigated by the DEA New Haven Task Force, U.S. Postal Inspection Service and the Middletown and New Britain Police Departments. The DEA New Haven Task Force includes participants from the New Haven, Hamden, West Haven, North Haven, East Haven, Branford, Ansonia, Meriden and Derby Police Departments, and the U.S. Marshals Service.
The case is being prosecuted by Assistant U.S. Attorney H. Gordon Hall.
Maryland Man Pleads Guilty to Federal Charges Involving Sexual Abuse of 14-Year-Old GirlRead the Press Release
WASHINGTON - Anthony Brooks, 29, of Indian Head, Md., pled guilty today to federal charges of transporting a minor across state lines with intent to sexually abuse her. The minor was a 14-year-old girl whom Brooks tutored as part of an afterschool program the child was ordered to attend by a family court.
The announcement was made by U.S. Attorney Jessie K. Liu, Matthew J. DeSarno, Special Agent in Charge of the FBI Washington Field Office’s Criminal Division, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Brooks pled guilty in the U.S. District Court for the District of Columbia to two counts of transportation with intent to engage in criminal sexual activity. Trial had been scheduled to begin on June 7, 2018. The charges carry a mandatory minimum sentence of 10 years in prison. The Honorable James E. Boasberg scheduled sentencing for Sept. 7, 2018.
The minor had been ordered by the Family Court of the Superior Court of the District of Columbia to attend the Balanced and Restorative Justice (BARJ) program, an afterschool diversion program through which at-risk youth are provided tutoring and mentoring. Brooks, then 28, a college graduate, was employed as one of her tutors.
According to the government’s evidence, in late spring of 2017, the minor was transferred to a different BARJ location and, from that time forward, should have had no additional contact with Brooks. Brooks had previously been admonished by staff not to have contact with female students outside of the program. Brooks, however, continued to have contact with her. By July 2017, he was exchanging sexually explicit text messages with the girl, who had just completed the 8th grade. On July 11, 2017, Brooks contacted the girl’s father and asked the father’s permission to “tutor” the child. According to the evidence, Brooks then drove nearly an hour from his home in Maryland to Southeast Washington, where he picked up the girl, brought her to his home, and had sexual intercourse with her.
Between July 11 and July 12, Brooks discussed with the girl over text message coming to pick her up again. Brooks advised the girl in text messages written on July 11 that he did not want to come get her on back to back days because her father might become suspicious. Instead, on July 13, 2017, Brooks again drove nearly an hour from his home in Maryland to Southeast Washington to pick up the child. He arrived at 6:30 a.m., at a time when the child’s father, the girl’s sole guardian and the only adult in the house, was at work at his construction job. According to the government’s evidence, he transported the child back to his house in Maryland, where he again engaged in sexual acts with her.
Through September 2017, Brooks continued to communicate with the girl, exchanging sexually explicit text messages with her. On Sept. 19, 2017, the child’s father discovered the text messages between Brooks and his daughter while reviewing the messages on his daughter’s phone. He promptly contacted the MPD Youth and Family Services Division, which commenced an investigation. The FBI Washington Field Office’s Child Exploitation Task Force immediately joined the investigation. Brooks was arrested on Sept. 20, 2017 and has been in custody ever since. On Feb. 14, 2018, Brooks was indicted on two counts of transportation with intent to engage in criminal sexual activity.
In announcing the plea, U.S. Attorney Liu, Special Agent in Charge DeSarno, and Chief Newsham commended the work of the MPD Detectives and Special Agents of the FBI’s Child Exploitation Task Force. They also expressed appreciation for the assistance provided by the U.S. Attorney’s Offices and FBI Special Agents in the Eastern District of Texas, Western District of Pennsylvania, and the District of Maryland, as well as the U.S. Marshals Service.
Finally, they commended the work of Assistant U.S. Attorney Jason Park, who investigated and indicted the case, and Assistant U.S. Attorney Jodi Lazarus who is prosecuting the matter along with Jason Park.
Mandeville Woman Sentenced for Tax EvasionRead the Press Release
United States Attorney Duane A. Evans announced that MARCIA DENISE JORDAN, age 47, a resident of Mandeville, was sentenced today after pleading guilty to a one-count indictment for tax evasion, in violation of Title 26, United States Code, Section 7201.
United States District Court Judge Ivan L.R. Lemelle sentenced JORDAN to 5 years of probation and ordered her to pay $313,899 in restitution to the Internal Revenue Service.
According to court documents, JORDAN willfully attempted to evade tax due and owing for tax year 2011, by filing a false IRS form 4868 (Application for Automatic Extension of Time to File U.S. Individual Income Tax Return), which falsely stated that her total estimated tax liability was $0 and that she had made $10,000 in payments to the IRS, despite knowing that she had received $493,266 in taxable income that year. JORDAN then failed to file a tax return for the 2011 tax year.
U.S. Attorney Evans praised the work of IRS-Criminal Investigations, United States Secret Service, and the Slidell Police Department in investigating this matter. Assistant United States Attorney Jon Maestri and DOJ Tax Division Trial Attorney Grace Albinson are in charge of the prosecution.
Justice Department Reaches Settlement Agreement with Syncom Space Services, LLC Resolving USERRA Claims of Louisiana Air National GuardsmanRead the Press Release
The Department of Justice today announced that it has reached a settlement agreement with Syncom Space Services, LLC (S3) that resolves allegations that S3 violated the employment rights of Louisiana Air National Guardsman, Jason Cooper, under the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA safeguards the rights of uniformed servicemembers, including National Guardsmen, to all benefits of employment following periods of absence due to military service obligations. The benefits of employment protected by USERRA include promotional opportunities.
Cooper worked as a Predictive Testing and Inspection (PT&I) Specialist for S3 at Stennis Space Center in Hancock County, Mississippi. On June 13, 2016, he was deployed on active duty with the Air National Guard. During his deployment, Cooper applied for a vacant PT&I Shoplead position. Although Cooper had the most PT&I experience of all applicants, S3 failed to promote him to the position upon his return from deployment. As a result of the employer’s failure to promote him to a position that he was qualified for, because of his military service, Cooper lost promotional income and benefits.
“Our nation’s national guard and reservists should not have to worry about losing opportunities for promotion or increased benefits in their civilian jobs after they return from active duty military service to our country,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Department Justice is committed to ensuring that our servicemembers’ employment rights are protected at home while they defend our rights abroad.”
“The tremendous sacrifice of our National Guard members who are called into active duty should never be a detriment to their lives and every day jobs. We in the U.S. Attorney’s Office are committed to ensuring that these men and women are honored, not disadvantaged, for their military service,” said U.S. Attorney Mike Hurst. “We will continue to hold employers who violate the rights of our servicemembers accountable. We appreciate S3’s agreement to fulfilling its legal obligation to Mr. Cooper in this matter.”
Under the terms of the settlement agreement, S3 has agreed to pay Cooper $6,812.59 for lost wages, and to make his promotion effective as of the date on which he returned to work from active duty. He began his new position on June 4, 2018. The USERRA claims settled by this agreement are allegations only, and there has been no determination of liability.
Cooper initially filed a complaint with the United States Department of Labor’s Veterans’ Employment and Training Service, which investigated this matter and then referred it to the Justice Department after attempts at resolution failed.
The matter was handled by Assistant U.S. Attorney Candace Mayberry of the U.S. Attorney’s Office for the Southern District of Mississippi in collaboration with Andrew Braniff, Assistant Director of the Department of Justice’s Servicemembers and Veterans Initiative, and Alicia Johnson, USERRA/USAO Program Coordinator in the Civil Rights Division’s Employment Litigation Section.
The Justice Department’s Civil Rights Division gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA may be found on the Justice Department’s website at www.usdoj.gov/crt/emp and www.servicemembers.gov, as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm.
Justice Department Reaches Settlement Agreement with Syncom Space Services, LLC Resolving USERRA Claims of Louisiana Air National GuardsmanRead the Press Release
WASHINGTON - The Department of Justice today announced that it has reached a settlement agreement with Syncom Space Services, LLC (S3) that resolves allegations that S3 violated the employment rights of Louisiana Air National Guardsman, Jason Cooper, under the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA safeguards the rights of uniformed servicemembers, including National Guardsmen, to all benefits of employment following periods of absence due to military service obligations. The benefits of employment protected by USERRA include promotional opportunities.
Cooper worked as a Predictive Testing and Inspection (PT&I) Specialist for S3 at Stennis Space Center in Hancock County, Mississippi. On June 13, 2016, he was deployed on active duty with the Air National Guard. During his deployment, Cooper applied for a vacant PT&I Shoplead position. Although Cooper had the most PT&I experience of all applicants, S3 failed to promote him to the position upon his return from deployment. As a result of the employer’s failure to promote him to a position that he was qualified for, because of his military service, Cooper lost promotional income and benefits.
“Our nation’s national guard and reservists should not have to worry about losing opportunities for promotion or increased benefits in their civilian jobs after they return from active duty military service to our country,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Department Justice is committed to ensuring that our servicemembers’ employment rights are protected at home while they defend our rights abroad.”
“The tremendous sacrifice of our National Guard members who are called into active duty should never be a detriment to their lives and every day jobs. We in the U.S. Attorney’s Office are committed to ensuring that these men and women are honored, not disadvantaged, for their military service,” said U.S. Attorney Mike Hurst. “We will continue to hold employers who violate the rights of our servicemembers accountable. We appreciate S3’s agreement to fulfilling its legal obligation to Mr. Cooper in this matter.”
Under the terms of the settlement agreement, S3 has agreed to pay Cooper $6,812.59 for lost wages, and to make his promotion effective as of the date on which he returned to work from active duty. He began his new position on June 4, 2018. The USERRA claims settled by this agreement are allegations only, and there has been no determination of liability.
Cooper initially filed a complaint with the United States Department of Labor’s Veterans’ Employment and Training Service, which investigated this matter and then referred it to the Justice Department after attempts at resolution failed.
The matter was handled by Assistant U.S. Attorney Candace Mayberry of the U.S. Attorney’s Office for the Southern District of Mississippi in collaboration with Andrew Braniff, Assistant Director of the Department of Justice’s Servicemembers and Veterans Initiative, and Alicia Johnson, USERRA/USAO Program Coordinator in the Civil Rights Division’s Employment Litigation Section.
The Justice Department’s Civil Rights Division gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA may be found on the Justice Department’s website at www.usdoj.gov/crt/emp and www.servicemembers.gov, as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm.
Justice Department Reaches Agreement to Resolve Americans with Disabilities Act Investigation of Louisiana’s Use of Nursing Facilities to Serve People with Serious Mental IllnessRead the Press Release
The Justice Department today announced that it reached an agreement with the Louisiana Department of Health (Louisiana) to resolve its lawsuit alleging that Louisiana fails to serve people with serious mental illness in the most integrated setting appropriate to their needs in violation of the Americans with Disabilities Act (ADA). The Justice Department’s complaint alleges that Louisiana places undue reliance on providing services in institutionalized settings such as nursing facilities, instead of in the community, for people with serious mental illness.
Under the agreement, Louisiana will create and implement a plan to expand community-based services like mobile crisis, case management, assertive community treatment, and supported housing to meet people’s needs in the community. In addition, Louisiana will assess all existing nursing facility residents with mental illness and all new referrals for admission to determine whether they can be served appropriately in the community.
“The ADA requires public entities to administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “We commend Louisiana for committing to take the steps necessary to ensure that people with serious mental illness have the opportunity to live, work, and thrive in their own communities instead of being unnecessarily segregated in nursing facilities.”
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt.
Jury Convicts Rochester Man of A Operating Drug Trafficking OrganizationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that following a seven-week trial, a federal jury has convicted Colin B. Montague, 63, of Greece, NY, of operating a continuing criminal enterprise, drug conspiracy, money laundering conspiracy and money laundering. The charges carry a minimum penalty of life in prison and a maximum fine of $20,000,000.
Assistant U.S. Attorneys Robert A. Marangola and Brett A. Harvey, who handled the prosecution of the case, stated that the defendant was the head of a national cocaine trafficking organization involving individuals in Rochester, NY; Arizona; California; and Nevada. Through the organization, Montague was responsible for arranging the transportation of several hundred kilograms of cocaine from the western United States to the Rochester area between 2008 and June 2014. The organization used various methods for transporting the cocaine, including tractor-trailers, drug couriers, and the U.S mail. After receiving the shipments, the defendant and other members of the organization would distribute the cocaine to other upper-level and mid-level drug traffickers in the Rochester area.
The organization was uncovered by the Drug Enforcement Administration and Rochester Police Department after a wiretap investigation that culminated in the seizure of a six-kilogram shipment of cocaine from a courier as the drugs were being transported from Pennsylvania to Rochester. After seizure of the drug shipment, Montague fled to Atlanta, Georgia, where he lived under a false identity for six months until he was captured by the United States Marshals Service.
The defendant also owned and operated Montague Enterprise, Inc., a real estate business in Rochester. During the conspiracy, Montague laundered more than $2,350,000 in drug proceeds through bank accounts associated with the real estate business. Also, the defendant purchased six properties in the Rochester area using drug proceeds.
A total of 20 other members of the drug trafficking organization were convicted of drug trafficking and/or money laundering offenses.
The trial verdict is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Internal Revenue Service, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office; and the United States Marshals Service, under the direction of Marshal Charles Salina.
Sentencing is scheduled for September 18, 2018, at 3:00 p.m. before Chief United States District Judge Frank P. Geraci, Jr., who presided over the trial of the case.
Joint Federal State and Local Operation Across Puget Sound Targets Violent Drug Trafficking OrganizationRead the Press Release
In the fourth major drug trafficking ring takedown in as many months, federal, state and local law enforcement officers fanned out across King, Pierce, Snohomish, Skagit and Thurston Counties to execute search warrants and arrest more than 35 members of a drug trafficking organization, announced U.S. Attorney Annette L. Hayes. Today’s arrests are the fourth takedown in a series of cases aimed at reducing drug and gang violence in Seattle, South King and North Pierce Counties. Those taken into custody today will appear at 2:00 in U.S. District Court in Seattle.
“Over the last four months, more than 80 drug dealing conspirators moving meth, heroin, cocaine and fentanyl have been taken off our streets where they preyed on destructive addictions and used gun crime to further their trade,” said U.S. Attorney Annette Hayes. “For more than a year, local police worked with federal partners to build these cases, with the goal of addressing the shifting crime problems in South Sound communities.”
U.S. Attorney General Jeff Sessions has directed U.S. Attorneys to deploy their resources to identify and address ‘hot spots’ of violent crime. Working with local law enforcement across the South Sound, federal law enforcement identified Seattle, the Rainier and Kent Valleys and North Pierce County as an area of concern for drug and gun crime. Today’s takedown comes on the heels of three other law enforcement efforts involving wire-taps and surveillance to dismantle sophisticated drug trafficking rings linked to violence in those areas. The first takedown involved five defendants trafficking crack cocaine in Seattle’s Pioneer Square neighborhood; the second, in March resulted in twenty arrests of heroin and meth traffickers operating primarily in South King County and the Tacoma area; and in May, a third takedown dismantled two criminal groups trafficking methamphetamine in south King County.
“DEA is in a race to save lives,” said Keith Weis the Special Agent in Charge for the Pacific Northwest. “These strategic operations have stopped some of the most violent criminal groups operating throughout the Puget Sound Region from pushing dangerous drugs onto our communities most vulnerable members facing life or death struggles against addiction.”
“The FBI is committed to holding violent gang members accountable for their actions,” said Special Agent in Charge Jay S. Tabb Jr., of the FBI’s Seattle Field Office. “The level of violence committed by these individuals has been detrimental to the South Sound community for years. Today’s arrests mark a major step toward addressing this problem.”
According to records filed in the case, conspirators trafficked cocaine, heroin, oxycodone, illegal marijuana and fentanyl. Associates of some of the traffickers arrested today were shot and some killed in various shooting incidents in both Seattle and south King County. On the wiretap law enforcement heard conspirators talk about various shootings after they occurred, including the September 4, 2017 shooting outside a Renton hookah lounge. Among other things, conspirators discussed getting firearms after being shot at by rival gangs.
Taken together, these four operations resulted in the seizure of 75 guns, more than 95 pounds of methamphetamine, more than 32 pounds of heroin, more than 7 pounds of cocaine (both crack and powder) as well as ecstasy and fentanyl. More than $327,000 in cash and 22 vehicles also were seized.
In addition, today alone law enforcement seized 12 pounds of heroin, more than 2 kilos of cocaine, a pound of methamphetamine, 124 pounds of marijuana, 41 firearms and hundreds of thousands of dollars in cash.
“Today, hundreds of law enforcement professionals came together to make our neighborhoods safer, taking criminals and drugs off the street and possibly saving lives,” said Seattle Police Chief Carmen Best. “As a former Narcotics commander, I recognize the tireless work that goes into these investigations. Together with our federal and local partners, we have orchestrated one of the largest investigations in recent memory. A special thanks to the FBI, DEA and the US Attorney’s Office. This level of collaboration is unprecedented.”
“The U.S. Marshals have always believed in the power of collaboration, and the effectiveness of combining the resources and expertise of our federal, state, and local law enforcement partners for the common good. Today, that tradition of collaboration continues and we are proud to be a part of it”, said Acting U.S. Marshal Jacob Green.
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The defendants in these cases face a variety of drug and gun charges. The penalties range from five years in prison to a maximum of life in prison depending on the pertinent charge.
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.
This was an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, providing supplemental federal funding to the federal and state agencies involved. This investigation was led by the Seattle Police Department Gang and Narcotics Units, FBI Seattle Safe Streets Task Force, and the Drug Enforcement Administration (DEA). Other agencies providing investigative assistance include ATF, USMS, and the U.S Bureau of Prisons.
Today’s searches and arrests involved agents and officers from: DEA, FBI, ATF, HSI, USMS, SPD, Auburn Police Department, Bellevue Police Department, Bothell Police Department, Clark County Sheriff’s Office, Des Moines Police Department, Everett Police Department, Fife Police Department, Kent Police Department, King County Sheriff’s Office (KCSO), Kirkland Police Department, Lakewood Police Department, Lewis County Sheriff’s Office, Marysville Police Department, Monroe Police Department, Mount Vernon Police Department, Mukilteo Police Department, Pierce County Sheriff’s Office (PCSO), Renton Police Department, Snohomish County Sheriff’s Office, Snohomish County Drug and Gang Task Force, Tacoma Police Department, Thurston County Narcotics Task Force, Tukwila Police Department, U.S Customs and Border Protection, U.S. Border Patrol, U.S. Postal Inspection Service, Washington Department of Corrections, Washington State Patrol, and the Yakima Police Department, and the following regional SWAT teams, SPD SWAT, Valley SWAT, North Sound Metro SWAT, Region 1 SWAT, Pierce County Metro SWAT, King County Sheriff’s Office TAC-30, Washington State Patrol SWAT, Pierce County Sheriff’s Office SWAT, and Bellevue SWAT.
In addition, the operations were conducted with the support of the FBI’s Critical Incident Response Group (CIRG) and SWAT teams from the FBI’s Salt Lake City, Portland, San Francisco, Sacramento, and Denver field offices. DEA’s Special Response Team’s (SRT) from Seattle, Los Angeles, Denver, and San Diego assisted in today’s operations. This investigation was supported by Northwest High Intensity Drug Trafficking Area (HIDTA) and the Special Operations Division (SOD).
The indictments returned today are being prosecuted by Assistant United States Attorneys Vince Lombardi, Erin Becker and Nicholas Manheim.
Jefferson County Man Indicted in Beaumont Bombing IncidentRead the Press Release
BEAUMONT, Texas – A 40-year-old Beaumont, Texas man has been indicted and charged with federal violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today.
Jonathan Matthew Torres was indicted by a federal grand jury today and charged with use of an explosive to damage property, possession of an unregistered destructive device, and mailing a threatening communication.
According to information presented in court, on Apr. 26, 2018, what appeared to be a homemade destructive device was located inside a U.S. Postal Service priority mail service box at a Starbucks on Dowlen Road in Beaumont. The device did not explode and there were no injuries. On May 10, 2018, an explosion occurred at St. Stephen’s Episcopal Church on Delaware Street in Beaumont. The explosive device caused damage to St. Stephen’s administration building but there were no injuries. An extensive investigation led law enforcement authorities to Torres and on May 24, 2018, a search warrant was executed at Torres’s residence in the 4400 block of El Paso Street in Beaumont, Texas. Inside the residence, investigators recovered multiple containers of the same type of explosive material used in both previously discussed devices; postal boxes similar to the boxes used in the previously discussed devices; a receipt for the purchase of the type of string used in the device found at Starbucks; zip-ties similar to the type used in the device found at Starbucks; packing tape similar to the type used in the device found at Starbucks; and other components consistent with the devices. Torres was arrested without incident and remains in custody pending trial.
If convicted, Torres faces a minimum of five years and up to 20 years in federal prison.
If you have any information related to these events, please call Beaumont Crime Stoppers at 409-833-TIPS (8477) or 1-800-CALL-FBI.
This case is being investigated by the Beaumont Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, U.S. Postal Inspection Service, and the Texas Department of Public Safety, and is being prosecuted by Assistant U.S. Attorneys Christopher T. Tortorice and Russell James.
It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
Iranian National Sentenced for Asylum FraudRead the Press Release
PHOENIX – Yesterday, Ali Vahdani Pour, 28, an Iranian national, was sentenced by U.S. District Judge Douglas Rayes to 137 days in prison. Pour had previously pleaded guilty to false swearing in an immigration matter.
In his plea agreement, Pour admitted having lied on his asylum application. Specifically, Pour admitted he falsely denied having served in the Iranian military and falsely denied having received refugee status in another country. Pour further admitted to having served in the Iranian military and to having received refugee status in Italy prior to seeking asylum in the United States.
The investigation in this case was conducted by U.S. Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, and the Federal Bureau of Investigation. The prosecution was handled by Joseph E. Koehler, Assistant U.S. Attorney, and Ryan Goldstein, Special Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-17-1598-PHX-DLR
RELEASE NUMBER: 2018-077_Pour
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Inmate at Florence Prison Indicted for Assault and Resisting a Federal EmployeeRead the Press Release
DENVER – On May 2, 2018, a federal grand jury in Denver indicted Avery White, age 31 and an inmate of the Federal Bureau of Prisons (“BOP”), on two counts of assaulting and resisting a federal employee, U.S. Attorney Bob Troyer announced. White made his initial appearance yesterday afternoon where he was advised of the charges pending against him as well as his rights.
According to the indictment, on or about January 8, 2018, while at the United States Penitentiary in Florence, Colorado, White intentionally forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with the victim, an officer and employee of the BOP, while the victim was engaged in and on account of the performance of his official duties. The indictment charges that White inflicted bodily injuries upon the victim that included, among other things, (a) an abrasion on his forehead above the left eyebrow; (b) a slight injury to the left wrist; (c) a potential concussion; and (d) headaches approximately once or twice a week for three weeks after the incident. Each assault count carries a maximum penalty of not more than 8 and 20 years imprisonment, respectively, and a $250,000 fine.
The FBI and the Special Investigative Service of the Federal Bureau of Prisons investigated this matter. The defendant is being prosecuted by Assistant U.S. Attorney Juan G. Villaseñor and Special Assistant U.S. Attorney Clay C. Cook.
The defendant is presumed innocent unless and until proven guilty in a court of law.
Indictment: Kansas City, Kan., Men Arrested with Two Pounds of HeroinRead the Press Release
KANSAS CITY, KAN. – Two men from Kansas City, Kan., were indicted today on charges of possession with intent to distribute more than two pounds of heroin, U.S. Attorney Stephen McAllister said.
Hugo Miguel Lopez-Erazo, 30, Kansas City, Kan., and Cesar Donai Bautista, 38, Kansas City, Kan., are charged with one count of possession with intent to distribute heroin. In addition, Lopez-Erazo is charged with two counts of distributing methamphetamine and one count of distributing heroin. The crimes are alleged to have occurred in July and August 2017, and January and May 2018 in Wyandotte County, Kan.
According to court documents, in May 2018 investigators working undercover arranged to buy two pounds of heroin from the defendants. Investigators met the defendants in a parking lot on South 18th Street in Kansas City, Kan., where they seized the heroin and arrested Lopez-Erazo and Bautista.
Upon conviction, the alleged crimes carry the following penalties:
Possession with intent to distribute methamphetamine and possession with intent to distribute heroin: Not less than 10 years and a fine up to $10 million on each count.
Distribution of heroin: Up to 20 years and a fine up to $1 million.
The Kansas Bureau of Investigation (KBI) and Homeland Security Investigations (HSI) investigated. Special Assistant U.S. Attorney James Ward is prosecuting.
OTHER INDICTMENTS
Bryan K. Quinley, 37, Leavenworth, Kan., is charged with drug trafficking. The charges include two counts of possession with intent to distribute methamphetamine, two counts of possession with intent to distribute cocaine, two counts of unlawful possession of a firearm in furtherance of drug trafficking and two counts of unlawful possession of a firearm following a felony conviction. The crimes are alleged to have occurred in March and April 2018 in Leavenworth and Johnson counties in Kansas.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute methamphetamine: Not less than 10 years in federal prison and a fine up to $10 million.
Possession with intent to distribute cocaine: Up to 20 years and a fine up to $1 million.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $150,000.
Unlawful possession of a firearm following a felony conviction: Up to 10 years and a fine up to $250,000.
The Drug Enforcement Administration investigated. Assistant U.S. Attorney David Zabel is prosecuting.
Alex They Maya-Dimas, 37, a citizen of Mexico, is charged with one count of transporting aliens who were unlawfully in the United States and one count of unlawfully re-entering the United States after being deported. The crime is alleged to have occurred May 16, 2018, in Sedgwick County, Kan.
If convicted, he faces up to five years in federal prison and a fine up to $250,000 on the transportation charge, and up to two years and a fine up to $250,000 on the unlawful re-entry charge. Homeland Security Investigations (HIS) investigated. Assistant U.S. Attorney David Lind is prosecuting.
Juan Diaz, 42, who is not a citizen of the United States, is charged with unlawfully re-entering the country after being deported. He was found April 10, 2018, in Wyandotte County, Kan.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000. Immigration and Customs Enforce (ICE) investigated. Assistant U.S. Attorney Scott Rask is prosecuting.
Jose Luis Avila-Merino, 22, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found May 16, 2018, in Sedgwick County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations (HIS) investigated. Assistant U.S. Attorney David Lind is prosecuting.
Jose Juan Hernandez-Vasquez, 19, a citizen of Mexico, is charged with illegally re-entering the United States after being deported. He was found May 16, 2018, in Sedgwick County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations (HIS) investigated. Assistant U.S. Attorney David Lind is prosecuting.
Gregorio Omar Laredo-Terrones, 34, a citizen of Mexico, is charged with illegally re-entering the United States after being deported. He was found May 16, 2018, in Sedgwick County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations (HIS) investigated. Assistant U.S. Attorney David Lind is prosecuting.
Erik Adan Luis-Rojas, 29, a citizen of Mexico, is charged with illegally re-entering the United States after being deported. He was found May 16, 2018, in Sedgwick County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations (HIS) investigated. Assistant U.S. Attorney David Lind is prosecuting.
Jose Luis Rodriguez-Vazquez, 45, a citizen of Mexico, is charged with illegally re-entering the United States after being deported. He was found May 16, 2018, in Sedgwick County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations (HIS) investigated. Assistant U.S. Attorney David Lind is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Illigal Alien Sentenced for ATM Skimmer FraudRead the Press Release
Gulfport, Miss. – Taise Braganca Moscon, age 26, an illegal alien from Brazil, was sentenced today by United States District Judge Sul Ozerden to serve 13 months in federal prison, followed by 3 years of supervised release, and to pay $6,450.00 in restitution to a victim, for a fraud in connection with access devices, announced U.S. Attorney Mike Hurst and Special Agent in Charge Jere T. Miles with Immigration and Custom Enforcement’s Homeland Security Investigations in New Orleans.
On December 7, 2017, Moscon and two co-defendants were stopped in a Lincoln Navigator with Florida tags after being at a Keesler Federal Credit Union Automated Teller Machine (“ATM”) on Automall Parkway in D’Iberville, Mississippi. The ATM was found to have a skimmer on it and had been altered with the top flap privacy shield being cut off so a camera placed above could observe the ATM key pad where customers enter their account PIN numbers. A search of the Lincoln Navigator resulted in the finding of access device equipment, to include but not limited to, glue, black electrical and double-sided tape and box cutters, credit cards in alias names, a card with sand paper attached to the card, and other credit cards, gift cards, and a micro SD card.
Co-Defendants Claudio Fontes Ferreira, age 30, of Deerfield Beach, Florida, and Rodrigo D. Ferrareze, age 37, of Delray Beach, Florida, pled guilty on February 20, 2018, to one count of knowingly and with intent to defraud, producing, trafficking in, having control or custody of, and possessing device-making equipment. Ferrareze is scheduled to be sentenced on June 12, 2018, and Ferreira is scheduled to be sentenced on September 7, 2018.
This case was investigated by Homeland Security Investigations and the D’Iberville Police Department. It was prosecuted by Assistant U.S. Attorney Andrea Jones.Illegal Alien and Georgia Man Sentenced for Trafficking HeroinRead the Press Release
Gulfport, Miss. – Alejandro Menera Martinez, 36, an illegal alien from Mexico, and Casimiro Cardona Chacon, 23, of Norcross, Georgia, were sentenced yesterday by U.S. District Judge Sul Ozerden on drug trafficking charges, announced U.S. Attorney Mike Hurst and Assistant Special Agent in Charge J. Derryle Smith with the Drug Enforcement Administration.
Menera Martinez was sentenced to 120 months in federal prison, followed by five years of supervised release, for possessing with intent to distribute heroin. He pled guilty to the charge on February 23, 2018. Menera Martinez organized a negotiated deal in which two kilograms of fentanyl were to be sold to undercover agents. He was arrested while delivering the drugs, but after laboratory analysis, it was determined that the drugs were actually heroin, not fentanyl.
Cardona Chacon was sentenced to 60 months in federal prison, followed by 5 years of supervised release, for possessing with intent to distribute heroin. He pled guilty to the charge on March 1, 2018. Cardona Chacon was the courier in the deal negotiated by Menera Martinez.
The case was investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney John Meynardie.
Highland Park Man Sentenced to Probation with Home Detention for Passing Counterfeit $100’s at TargetRead the Press Release
PITTSBURGH, PA. - A resident of Pittsburgh has been sentenced in federal court to four years of probation with eight months of home detention and ordered to pay $16,700.00 in restitution on his conviction of passing and uttering counterfeit money, United States Attorney Scott W. Brady announced today.
United States District Judge Cathy Bisson imposed the sentence on Peter A. Maiolo, Jr., 42, of 6060 Jackson Street, Pittsburgh, PA.
According to information presented to the court, Maiolo passed counterfeit $100 Federal Reserve Notes at Target stores in the Western District of Pennsylvania.
Assistant United States Attorney Shardul S. Desai prosecuted this case on behalf of the government.
United States Attorney Brady commended the United States Secret Service for the investigation leading to the successful prosecution of Maiolo.
Health Care CEO and Four Physicians Charged in Superseding Indictment in Connection with $200 Million Health Care Fraud Scheme Involving Unnecessary Prescription of Controlled Substances and Harmful InjectionsRead the Press Release
A CEO and four physicians were charged today in a superseding indictment as part of an investigation into a $200 million health care fraud scheme that involved a network of Michigan and Ohio pain clinics, laboratories and other medical providers. The superseding indictment returned yesterday charges an additional wire fraud conspiracy, adds an additional count of money laundering, and contains new allegations regarding the distribution of over 4.2 million medically unnecessary dosage units of controlled substances and the administration of medically unnecessary injections that resulted in patient harm.
Attorney General Jeff Sessions, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Matthew Schneider of the Eastern District of Michigan, Special Agent in Charge Timothy R. Slater of the FBI’s Detroit Division, Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Chicago Regional Office and Chief Don Fort of IRS Criminal Investigation (IRS CI) made the announcement.
Mashiyat Rashid, 37, of West Bloomfield, Michigan; Spilios Pappas, 61, of Monclova, Ohio; Joseph Betro, 57, of Novi, Michigan; Tariq Omar, 61, of West Bloomfield, Michigan; and Mohammed Zahoor, 51, also of Novi, were each charged with one count of conspiracy to commit health care fraud and wire fraud. Rashid was additionally charged with four counts of health care fraud, one count of conspiracy to defraud the United States and pay and receive health care kickbacks, one count of payment of kickbacks, one count of receipt of kickbacks and two counts of money laundering. Pappas, Betro, Omar, and Zahoor were each additionally charged with one count of health care fraud. All of the defendants were previously charged in an original indictment on July 6, 2017, which charged health care fraud and kickback conspiracies, substantive counts of health care fraud and payment or receipt of kickbacks, and one count of money laundering. The case is pending before U.S. District Judge Denise Page Hood of the Eastern District of Michigan. Trial has been scheduled to begin on July 31 before Judge Hood.
“We are facing the deadliest drug crisis in American history,” said Attorney General Sessions. “Sadly, some corporate executives and medical professionals continue to exploit vulnerable patients and the American taxpayer for profit. With one American dying of a drug overdose every nine minutes, this superseding indictment reflects the Department of Justice’s determination to prosecute those who engage in opioid-related fraud. These cases are extremely important. Since 2017, the Department charged more than 150 doctors for opioid-related crimes. Today’s indictment reflects our continued dedication to these important cases. I want to thank our FBI, HHS-OIG and IRS-CI agents, DOJ attorneys, and everyone else who helped investigate and prosecute this case.”
“This multi-agency investigation has led to one of the largest healthcare fraud and illegal distribution of prescription drugs indictments this district has ever seen,” said U. S. Attorney Schneider. “I commend the hard work and dedication of the Health Care Fraud Strike Force and law enforcement agencies for shutting down this network of individuals whose greed resulted in millions of dosages of opioids to be sold on the streets of our communities and millions of dollars in loss to Medicare.”
“It is a sad day when a physician allows greed to drive their moral compass and willfully violate their Hippocratic Oath to protect and treat their patients,” said IRS CI Chief Fort. “The conduct described in this indictment, particularly the 4.2 million medically unnecessary dosages and administered injections, provides alarming insight into the growing opioid epidemic our nation is facing. IRS CI will continue to provide resources and financial expertise to work with our law enforcement partners to fight this crisis, disrupting any financial benefit received from the sale of dangerous prescription drugs that plague our communities.”
The superseding indictment alleges that Rashid was the CEO of Tri-County Wellness, and owned, controlled and operated numerous pain clinics, laboratories and other providers in Michigan and Ohio. As set forth in the superseding indictment, from 2008 until their arrest in 2017, Rashid, Pappas, Betro, Omar, Zahoor and other physicians working in Rashid’s clinics conspired to obtain patients by prescribing over 4.2 million dosage units of medically unnecessary controlled substances, including oxycodone, hydrocodone and oxymorphone, to Medicare beneficiaries, some of whom were addicted to narcotics. Some of these opioids were resold on the street, the superseding indictment alleges.
The superseding indictment further alleges that Rashid, Pappas, Betro, Omar, Zahoor and others required Medicare beneficiaries who wished to obtain controlled substances to submit to expensive, medically unnecessary and painful injections. Rashid paid Pappas, Betro, Omar, Zahoor and other physicians based on the number of injections that Medicare paid for, regardless of the medical necessity of the injections. In turn, Pappas, Betro, Omar and Zahoor conducted these repetitive and unnecessary injections on patients in order to increase revenue for Rashid, themselves and their co-conspirators.
When Medicare conducted a medical review of the injection claims, it determined that 100 percent of the claims were not eligible for Medicare reimbursement and summarily suspended the medical billing privileges of one of the pain clinics involved in the scheme. In order to conceal the continued billing of these fraudulent claims to Medicare, the superseding indictment alleges, Rashid, Pappas, Betro, Omar, Zahoor and others created new shell companies that they enrolled in Medicare to keep billing the same fraudulent claims, often changing only the name of the company on the door to the medical practice and/or inventing new suite numbers to conceal the continuation of the fraudulent practices at the same location.
Rashid also owned a diagnostic laboratory and caused Pappas, Betro, Omar and Zahoor to order medically unnecessary urine drug testing from the laboratory, the superseding indictment alleges. When Medicare conducted a medical review of claims submitted by the laboratory, it determined that 95 percent of the claims were not eligible for Medicare reimbursement and ordered the diagnostic laboratory to repay in excess of $6.9 million to Medicare, court documents submitted in connection with Rashid’s detention hearing show. In order to conceal the continued billing of these fraudulent urine drug testing claims to Medicare, the superseding indictment alleges, Rashid and others created a new corporate entity that they enrolled in Medicare so that Pappas, Betro, Omar, Zahoor and others could keep ordering the same fraudulent urine drug testing claims through this new entity.
In addition, the superseding indictment alleges that Rashid paid illegal health care kickbacks to obtain patients and solicited illegal kickbacks and bribes for Pappas, Betro, Omar, Zahoor and others to refer Medicare beneficiaries to specific third-party home health agencies, laboratories and diagnostic providers even though those referrals were medically unnecessary.
Finally, the superseding indictment alleges Rashid committed two counts of money laundering in connection with a $6.6 million wire transfer on April 13, 2016, and the withdrawal of $500,000 in cash on July 10, 2017. The superseding indictment alleges that Rashid transferred the proceeds derived from the conspiracy to live an extravagant lifestyle and spend millions of dollars on luxury clothes from retailers like Hermes, rare Richard Mille watches, and exotic automobiles such as a Lamborghini and Rolls Royce Ghost; a mansion and other real estate in the Detroit, Michigan area; and to sit courtside or in the first row of NBA basketball games, including the NBA Finals. Evidence submitted in connection with Rashid’s detention hearing further showed that Rashid attempted to conceal the proceeds of the fraud by withdrawing $500,000 in cash on July 10, 2017 and hiding the cash in plastic bags and handbags in the closet of his house.
Rashid, Pappas, Betro, Omar and Zahoor were charged along with Yasser Mozeb, 35, of Oakland County, Michigan and Abdul Haq, 72, of Ypsilanti, Michigan, in an indictment unsealed on July 6, 2017. Mozeb and Haq have pleaded guilty, along with three other defendants.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the FBI, HHS-OIG and IRS CI. Trial Attorney Jacob Foster of the Criminal Division’s Fraud Section is prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.
Guatemalan Man Convicted of Document FraudRead the Press Release
A Guatemalan man who used false identification documents to obtain a job was convicted by a jury on June 5, 2018, after a two-day trial in federal court in Cedar Rapids.
Jose Corio-Raymundo, age 40, a citizen of Guatemala illegally present in the United States, was convicted of one count of unlawful use of an identification document and one count of misuse of a social security number. The verdict was returned yesterday afternoon following about five hours of jury deliberations.
The evidence at trial showed that Corio-Raymundo used a fraudulent Social Security card bearing the social security number assigned to a United States citizen, and a fraudulent State of Iowa identification card when he completed an employment form on October 2, 2013, at a business in Cedar Rapids, Iowa. Corio-Raymundo also used the social security number of the United States citizen on state and federal tax forms. On the employment form, Corio-Raymundo falsely claimed to be a United States citizen. The investigation began when the Iowa Department of Transportation noticed that Corio-Raymundo was trying to register vehicles under a second social security number. Their investigation disclosed that Corio-Raymundo used the social security number to title vehicles, when he was arrested by police on traffic violations, and when he obtained employment at four businesses in Cedar Rapids.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Corio-Raymundo remains in custody of the United States Marshal pending sentencing. Corio-Raymundo faces a possible maximum sentence of 15 years’ imprisonment, a $500 fine, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations and the Iowa Department of Transportation, Bureau of Investigation and Identity Protection.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-08-LRR.
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Greenville Man Sentenced to more than Ten Years' Imprisonment for Firing at Officers During Execution of Search WarrantRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that yesterday in federal court, United States District Judge Louise W. Flanagan sentenced CHRISTIAN IVAN CARDENAS, 21, of Greenville, North Carolina, to 128 months of imprisonment followed by 5 years of supervised release.
CARDENAS was charged in a two-count Criminal Information on January 19, 2017 and pleaded guilty on March 15, 2017 to conspiracy to distribute and possess with intent to distribute quantities of marijuana and alprazolam (Xanax) and discharging a firearm during and in relation to a drug-trafficking crime.
In August of 2015, the Greenville Regional Drug Trask Force, which is comprised of law enforcement officers from the Greenville Police Department, the Winterville Police Department, the North Carolina State Bureau of Investigation, the Drug Enforcement Administration, and the East Carolina University Police Department, began investigating CARDENAS as a narcotics distributor in Pitt County. After a controlled purchase from CARDENAS, a search warrant was issued on CARDENAS’s residence. At the time of the execution of the search warrant, CARDENAS fired multiple shots through the front door towards law enforcement officers, with one round striking East Carolina University Officer Travis Davis’s body armor. Fortunately, Officer Davis was not injured.
When law enforcement made their way into the home, several loaded firearms, currency, pills, and marijuana were found. Specifically, the officers recovered a loaded .45 caliber handgun, a loaded semi-automatic assault rifle, and a 12-gauge shotgun, as well as thousands of dollars, several hundred grams of marijuana, and more than two hundred Adderall pills.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) also assisted in the case. Assistant United States Attorney Scott A. Lemmon handled the prosecution of this case for the government.
Four Aliens Indicted on Illegal Reentry Charges, False Representation of a Social Security Account Number, False Claim of Citizenship, and Aggravated Identity TheftRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging ALEXIS REYES-IGLESIAS, age 24, of Mexico, ANTONIO DUQUE CAMACHO, age 46, of Mexico, and SANTIAGO MALDONADO-JAIMEZ, age 42, of Mexico, each with Illegal Reentry of a Deported Alien.
Additionally, a federal grand jury in Raleigh has returned an indictment charging MIGUEL RAIMUNDO RODRIGUEZ, age 45, of Cuba, with False Representation of a Social Security Account Number, False Claim of United States Citizenship with Intent to Obtain a State Benefit and Service, and Aggravated Identity Theft.
If convicted of Illegal Reentry of a Deported Alien, REYES-IGLESIAS, found in Wake County, would face maximum penalties of 2 years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of Illegal Reentry Subsequent to a Felony Conviction (trafficking cocaine), DUQUE CAMACHO, found in Harnett County, would face a maximum penalties of 10 years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of Illegal Reentry Subsequent to an Aggravated Felony (indecent liberties with a child), MALDONADO-JAIMEZ, found in Wake County, would face maximum penalties of 20 years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of False Representation of a Social Security Account Number, False Claim of United States Citizenship with Intent to Obtain a State Benefit and Service, and Aggravated Identity Theft, RAIMUNDO RODRIGUEZ, found in Cumberland County, would face maximum penalties of 12 years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.
Founder of Not-For-Profit Organization Convicted of Stealing United Nations Grant Funds 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 Deborah Bowers, 63, of Clarence, NY, who was convicted following a jury trial of conspiracy to commit wire fraud, wire fraud and making false statements, was sentenced to time served by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Marie P. Grisanti and MaryEllen Kresse, who prosecuted the case, stated that Bowers, and co-defendant Steve S. Jabar, founded a not-for-profit organization OKI, Opportunities for Kids International, Inc. In June 2004, Jabar and Bowers, through OKI, applied for and received a $500,000 grant from United Nations to create, maintain, and operate a radio station in Iraq. The mission of the radio station was to further women’s rights issues in Iraq.
Within 24 hours of receiving a portion of the grant money, the defendants began to divert some of the funding for their own personal use. Jabar and Bowers diverted more than $65,000 for their own personal use. Jabar used some of the funding to pay off personal debts, including the payment of property taxes owed on his residence and business, as well as mortgage, utility, credit card payments and personal loan payments. Bowers also utilized some of the funding to pay personal credit card debt and make mortgage payments.
During the investigation, the defendants made false statement to investigator with the Internal Revenue Service in order to conceal with criminal behavior.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigations, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
Former Philadelphia Police Officer Found Guilty of Bribing DetectiveRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that retired Philadelphia Police Officer Victor Gates was found guilty today by a federal jury of honest services mail fraud conspiracy, honest services mail fraud, and making false statements. The jury deliberated for less than two hours before finding the defendant guilty.
Gates bribed his friend Patrick Pelosi, a Philadelphia Police detective, to misuse his official position and access a law enforcement database of stolen cars in exchange for corrupt monthly payments.
Gates owned a company called Auto Recovery Services LLC, and one of his clients was Avis. Gates would have Pelosi remove certain stolen cars from the National Crime Information Center database so that Avis could rent them out to its customers. The defendant initially lied to police by denying that he made payments of any kind to Pelosi, although he later stated that he had made payments for “help” with the actual physical work of locating cars. Pelosi previously pled guilty and resigned from the Philadelphia Police Department in January 2017.
Between May 2008 and April 2013, Gates mailed a $300.00 check on a monthly basis to Pelosi’s home. Those payments increased to $400.00 per month between May 2013 and October 2014.
“This was a long-running, corrupt money-making scheme that is all the more egregious because the defendant has a law enforcement background,” said U.S. Attorney McSwain. “I want to thank the jury for its swift condemnation of Gates’ actions.”
This case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department, Internal Affairs Division, and is being prosecuted by Assistant U.S. Attorney Eric Gibson.
Final Defendant Receives 12 Year Prison Sentence in $2 Million Conspiracy to Defraud the IRSRead the Press Release
DENVER – Jaquon Mucsarney, age 37, of Aurora, Colorado was sentenced by Chief U.S. District Court Judge Marcia S. Krieger to serve 144 months in prison followed by 3 years of supervised release for conspiracy to defraud the United States and aggravated identity theft, announced the United States Attorney Bob Troyer, IRS – Criminal Investigation Special Agent in Charge Steven Osborne and Social Security Administration Office of Inspector General Special Agent in Charge Wilbert M. Craig. Mucsarney was also ordered to pay $327,970 in restitution to the IRS.
According to information contained in the indictment and plea agreement, between January 1, 2011 and January 1, 2016, Mucsarney devised a scheme to defraud the Internal Revenue Service by filing tax return with false information in order to obtain a fraudulent tax refund. At various times, Mucsarney received assistance from his mother, Schosche MucSarney and girlfriend Sherry Charleston.
As leader of this scheme, Mucsarney created approximately 50 fictitious businesses which only existed on “paper” and had little or no legitimate business activity. In order to file corporate tax returns for these businesses, Mucsarney logged into the U.S. Treasury website and obtained an Employment Identification Number (EIN) using either his or Schosche’s social security numbers. When Mucsarney became aware the IRS was investigating his activities, he started using individuals stolen names and social security numbers to obtain EINs for various companies.
Mucsarney typically filed U.S. Corporation Income Tax Returns (Forms 1120) on behalf of the shell companies which he completed with false information relating to income, deductions, overpayments, and refunds due. When Mucsarney was incarcerated on unrelated charges, he would either supply Schosche and Charleston with the false information to complete the fraudulent income tax returns or have Schosche send Mucsarney blank IRS form to complete. Mucsarney would then mail the completed tax returns to the IRS directly from his correctional facility.
Over the course of the scheme, Mucsarney, with the assistance of others, submitted approximately 100 fraudulent income tax returns to the IRS which claimed refunds totaling $2,168,277. Of the amount requested, the IRS ultimately paid out approximately $327,970.
“Mucsarney stole identities and used fake business names to line his own pockets,” said U.S. Attorney Bob Troyer. “Thanks to our prosecutors and law enforcement partners, for the next twelve years Mucsarney’s real identity will be known to the Bureau of Prisons.”
“Stealing identities and filing false tax returns is a serious crime that hurts innocent taxpayers,” said Steven Osborne, Special Agent in Charge of the Denver Field Office of IRS – Criminal Investigation. “This 12-year sentence demonstrates our unwavering commitment to protecting the interests of law-abiding taxpayers to ensure that the only citizens who receive tax refunds are those who are entitled to them.”
“The SSA OIG promotes Social Security number (SSN) integrity by pursuing cases of SSN misuse and related government fraud,” said Wilbert Craig, Special Agent-in-Charge of the SSA OIG Denver Field Division. “We thank the U.S. Attorney’s Office for prosecuting this case, which resulted in a 12-year prison sentence for the defendant at the center of an SSN misuse and tax fraud scheme, and we will continue to work with the IRS-Criminal Investigation to investigate similar cases.”
Schosche Mucsarney was sentenced on November 22, 2016 to five years probation and restitution of $195,902 to the Internal Revenue Service based on her guilty plea to conspiracy to defraud the government. Sherry Charleston was sentenced on January 9, 2017 to eighteen months imprisonment, 3 years supervised release, and restitution of $16,541 for conspiracy to defraud the government.
This case was investigated by the Internal Revenue Service – Criminal Investigation and the Social Security Administration, Office of Inspector General. This case is being prosecuted by Assistant U.S. Attorney Tim Neff.
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
United States Attorney R. Trent Shores announced today the results of the June 2018 Federal Grand Jury.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Stuart H. Clark. Failure to Register as a Sex Offender. Clark, 27, of Tulsa, is charged with failing to register as a sex offender. If convicted, he faces a maximum penalty of 10 years in prison and a $250,000 fine. The United States Marshal Service is the investigative agency.
Dannie Dee Dill and Cherie Michelle Kelley. Felon in Possession of Firearm and Ammunition; Drug Conspiracy; Possession With Intent to Distribute Methamphetamine; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Maintaining a Drug Involved Premises; Possession With Intent to Distribute Heroin. Dill, 47, and Kelley, 35, both of Tulsa, are charged with conspiracy to possess and distribute 50 grams or more of methamphetamine and heroin, and maintaining a place for the purpose of distributing and using the drugs. In addition, Dill is charged with possessing a firearm and ammunition after prior felony convictions, and possessing a firearm and ammunition in furtherance of a drug trafficking crime. If convicted, they face a maximum penalty of 40 years in prison and a $5,000,000 fine for the drug conspiracy and possession with intent to distribute methamphetamine charges; a maximum penalty of 20 years in prison and a $500,000 fine for the maintaining a drug involved premises charge; and a maximum penalty of 20 years in prison and a $1,000,000 fine for the possession with intent to distribute heroin charge. In addition, Dill faces a maximum penalty of 10 years in prison and a $250,000 fine for the felon in possession of firearm and ammunition charge; and a maximum penalty of life in prison and a $250,000 fine for the possession of a firearm in furtherance of a drug trafficking crime charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Marshal Service and the Tulsa Police Department are the investigative agencies.
Freddie Dewayne Gaskey. Felon in Possession of a Firearm. Gaskey, 40, of Oklahoma City, is charged with possessing a firearm after prior felony convictions. If convicted, he faces a maximum penalty of 10 years in prison and a $250,000 fine. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation and the Oklahoma Department of Agriculture, Food and Forestry are the investigative agencies.
Wesley Aaron Hudson. Felon in Possession of Firearms and Ammunition. Hudson, 30, of Tahlequah, is charged with possessing firearms and ammunition after prior felony convictions. If convicted, he faces a maximum penalty of 10 years in prison and a $250,000 fine. The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Tulsa Police Department are the investigative agencies.
Darowe Jones, Jr., and Cynthia Santagata. Felon in Possession of Firearm and Ammunition; Drug Conspiracy; Possession With Intent to Distribute Heroin; Possession With Intent to Distribute Marijuana; Maintain Drug Involved Premises. Jones, 38, and Santagata, 32, both of Tulsa, are charged with conspiracy to possess with intent to distribute 100 grams or more of heroin, to possess with intent to distribute marijuana, to possess methamphetamine. They are also charged with possession with intent to distribute heroin and marijuana. Additionally, they are charged with maintaining a place for the purpose of distributing and using drugs. Finally, Jones is charged with possessing a firearm and ammunition after prior felony convictions. If convicted, they face a maximum penalty of 40 years in prison and a $5,000,000 fine for the drug conspiracy and possession with intent to distribute heroin charges; a maximum penalty of 20 years in prison and a $1,000,000 fine for the possession with intent to distribute marijuana charge; and a maximum penalty of 20 years in prison and a $500,000 fine for the maintaining a drug involved premises charge. In addition, Jones faces a maximum penalty of 10 years in prison and a $250,000 fine for the felon in possession of firearm and ammunition charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Marshal Service and the Tulsa Police Department are the investigative agencies.
Bolutife Olusegun Olorunda. Interference With Flight Crew Members and Attendants. Olorunda, 29, of Vancouver, Washington, is charged with verbally assaulting, abusing, and threating to harm a flight attendant. If convicted, he faces a maximum penalty of 20 years in prison and a $250,000 fine. The Federal Bureau of Investigation, the Transportation Security Administration, Homeland Security Investigations, and Tulsa International Airport authorities are the investigative agencies.
Darrell Percy Owens. Felon in Possession of Firearm and Ammunition; Possession With Intent to Distribute Fentanyl. Owens, 29, of Tulsa, is charged with possessing a firearm and ammunition after prior felony convictions and possessing with the intent to distribute fentanyl. If convicted, he faces a maximum penalty of 10 years in prison and a $250,000 fine for the felon in possession of firearm and ammunition charge; and a maximum penalty of 20 years in prison and a $1,000,000 fine for the possession with intent to distribute fentanyl charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Tulsa Police Department are the investigative agencies.
Osama Lee Rifai and Chelsy Elizabeth Kathryn Alberty. Drug Conspiracy. Rifai, 29, and Alberty, 28, both of Broken Arrow, are charged with conspiracy to possess and distribute heroin. If convicted, they face a maximum penalty of 20 years in prison and a $1,000,000 fine. The Broken Arrow Police Department is the investigative agency.
Andrew Cordario Wagoner. Felon in Possession of Firearm and Ammunition. Wagoner, 26, of Tulsa, is charged with two counts of possessing a firearm and ammunition after prior felony convictions. If convicted, he faces a maximum penalty of 10 years in prison and a $250,000 fine. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Tulsa Police Department and the Tulsa County Sheriff’s Office are the investigative agencies.
Federal Charges Filed Against Taiwanese Teenager Who AllegedlyRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced today that a Taiwanese teenager accused of threatening an attack on a high school in Upper Darby, Pennsylvania has been charged federally.
An-Tso Sun (a/k/a “Edward”), 18, was charged yesterday by federal complaint with possessing ammunition while being in the United States on a nonimmigrant visa, which is a felony under federal law.
Sun is a Taiwanese national who came to the United States to live with an American host family and study at a high school in Upper Darby, Pennsylvania. According to the complaint, on or about March 26, 2018, Sun told another student (identified in the Complaint as “Student 1”), “Hey, don’t come to school on May 1st . . . I’m going to come here armed and shoot up the school. Just kidding.”
“When someone makes an alleged threat of this kind, law enforcement must take it seriously and investigate all leads,” U.S. Attorney McSwain said. “Law enforcement is committed to doing everything in our power to stop an attack before it happens. We must keep our children and our community safe from harm.”
Student 1 reported the incident to school officials, who then alerted law enforcement. According to the complaint, after the report of the threat, school officials and the Upper Darby Police called Sun’s host family to inform them of the alleged threat. Thereafter, Sun’s host-mother told police that she hired an attorney for Sun, returned home from work, and removed numerous items from Sun’s bedroom, placing them into a black duffel bag. She then allegedly brought this duffel bag to the attorney she had spoken with earlier in the day. According to the complaint, the duffel bag was later given to law enforcement and was found to contain the following:
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- One semiautomatic pistol, comprised of a Glock 19 9mm upper component (slide, recoil spring, and barrel) bearing serial number BESE280, and a Polymer80 brand lower component (frame) with no serial number;
- 44 rounds of 9mm Aguila ammunition;
- 615 rounds of 9mm Blazer Brass ammunition;
- 225 rounds of 12 gauge Federal shotgun ammunition;
- 280 rounds of 5.56mm IMI Systems ammunition; and
- 423 rounds of 7.62 x 39mm TulAmmo ammunition.
Upper Darby Police officers also executed a search warrant at Sun’s residence and seized from Sun’s bedroom: 20 rounds of 9mm Blazer Brass ammunition; one ballistic suit, including a vest, jacket and pants; one cross bow; seven arrows; and various firearm accessories and shooting equipment. Sun has been in custody in Delaware County since his arrest by Upper Darby police in March.
If convicted, the defendant faces a maximum possible sentence of ten years’ imprisonment, a $250,000 fine, and three years’ supervised release.
“Thanks to the tremendous work of our local, state, and federal partners, a potential school tragedy was prevented,” said Special Agent in Charge Marlon V. Miller, Homeland Security Investigations Philadelphia Field Office. “Homeland Security Investigations will continue to support all of our law enforcement partners to ensure the safety and security of our communities.”
The case was investigated by Homeland Security Investigations, the Upper Darby Police Department and the Delaware County District Attorney’s Office, and is being prosecuted by Assistant United States Attorney Sarah M. Wolfe.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
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Elkins Woman Sentenced to over 3 Years in Federal Prison for Theft by Bank EmployeeRead the Press Release
Fayetteville, Arkansas –Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Erica L. Keller, age 39 of Elkins, Arkansas, was sentenced today to 37 months in federal prison followed by five years of supervised release, and ordered to pay $354,054.85 in restitution on one count of Theft, Embezzlement, or Misapplication by Bank Officer or Employee. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, in October 2013, after an incident concerning unauthorized activity on a customer’s loan account, an investigation and review of all loan accounts managed by Keller was initiated at the bank where she worked as a Loan Officer. Following the initiation of the bank’s internal fraud investigation, agents with the Federal Bureau of Investigation and Federal Deposit Insurance Corporation joined the investigation into Keller’s actions. The investigation revealed that Keller, among other things, took cash withdrawals from customer loan accounts at origination; falsified disbursement tickets to withdraw cash from customer loan accounts, savings accounts, and demand deposit accounts; she originated false loans and received the proceeds; Keller misapplied customer loan payments to conceal fictitious loans; and she withdrew funds from customer’s bank accounts to pay on fictitious or inflated loans.
The investigation was conducted by the Federal Deposit Insurance Corporation and the Federal Bureau of Investigation. Assistant United States Attorney Kim Harris prosecuted the case for the United States.
Drug Dealer from Carlsbad Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jason R. Cunningham, 38, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 87 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Cunningham was arrested on Oct. 4, 2017, on an indictment charging him with distributing methamphetamine on Sept. 27, 2016, in Eddy County, N.M. Cunningham entered a guilty plea to the indictment on Dec. 7, 2017, without the benefit of a plea agreement.
According to a court filing, Cunningham was a well-known narcotics trafficker in the Carlsbad area and a self-admitted street level dealer. He reportedly played a vital role in furthering drug trafficking operations in Carlsbad by directing others in selling drugs after obtaining large quantities of methamphetamine, which he broke down into smaller amounts for further distribution.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pecos Valley Drug Task Force and was prosecuted by Assistant U.S. Attorneys Clara N. Cobos and Renee L. Camacho.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Department of Justice Files Complaint Against California Hand Sanitizer Company Marketing Unapproved New DrugsRead the Press Release
The United States filed a civil complaint to enjoin a California company from distributing hand sanitizer products that are unapproved new drugs, the Justice Department announced today.
The complaint, filed June 6, 2018, seeks to enjoin defendants Innovative BioDefense, Inc., of Lake Forest, California and its President and Chief Executive Officer, Colette Cozean, from distributing “Zylast” antiseptic hand sanitizer products that qualify as unapproved new drugs under the Federal Food, Drug, and Cosmetic Act. According to the complaint, the defendants market various Zylast products as being effective against, among other things, infection by pathogens such as the norovirus, rhinovirus, rotavirus, flu virus, Methicillin-Resistant Staphylococcus Aureus bacteria and Ebola virus, despite a lack of proof of the products’ safety and effectiveness for such uses and no approval from the U.S. Food and Drug Administration (FDA). The Zylast product line includes Zylast Broad Spectrum Antimicrobial Antiseptic, Zylast XP (Extended Protection) Antiseptic Lotion and Zylast XP (Extended Protection) Antiseptic Foaming Soap.
The Justice Department filed the complaint in U.S. District Court for the Central District of California at the request of the FDA.
“Consumers deserve confidence that the drugs they use are safe and effective,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice will continue to work with the FDA to ensure that manufacturers do not circumvent the drug approval process.”
The defendants distribute their Zylast products through the internet directly to consumers. According to the complaint, the Zylast website, www.zylast.com, features a “Buy Now” button that links consumers to a second website, zylastdirect.com, where customers can purchase the products. The complaint further alleges that the Zylast products are misbranded because the second website contains the false and misleading claim that FDA considers Zylast’s active ingredient “safe and effective in open wounds” and “safe and effective for first aid” when FDA has not made such determinations.
A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.
The case is being handled by Trial Attorney Douglas Ross of the Civil Division’s Consumer Protection Branch, with the assistance of the U.S. Attorney’s Office for the Central District of California and Associate Chief Counsel for Enforcement Yen Hoang of FDA’s Office of the Chief Counsel.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch.
Dearborn Woman Sentenced for Role in Sexual Abuse and Exploitation of a ChildRead the Press Release
GREAT FALLS - The United States Attorney's Office announced that during a federal court session in Great Falls, on June 6, 2018, before U.S. District Judge Brian Morris, MICHELLE ANDRA JOYNER also known as Michelle Dumond, a 46-year-old resident of Dearborn, Montana, was sentenced to a term of:
•Prison: 300 months
•Special Assessment: $100
•Forfeiture: computer, tablet and cell phone
•Supervised Release: 10 years
JOYNER was sentenced in connection with her guilty plea to sexual exploitation of children (production of child pornography). Her common law spouse, Timothy Weaver, was sentenced in federal court on May 29, 2018. Weaver was imprisoned for 500 months for his role in the crimes. JOYNER and Weaver sexually exploited a child. The case stemmed from a Cascade County Sheriff’s Office child sex abuse investigation that began in August 2016. The Sheriff’s Office searched digital devices and determined that JOYNER and Weaver sexually abused a child for a number of years and took images of the abuse.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that JOYNER will likely serve all of the time imposed by the court. In the federal system, JOYNER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The case was prosecuted by Assistant U.S. Attorney Cyndee L. Peterson. This case was a cooperative investigation between the Cascade County Sheriff’s Office and the Homeland Security Investigations. Both agencies are members of the Montana Internet Crimes Against Children Task Force.
This case was initiated under the Department of Justice’s Project Safe Childhood initiative which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children (ICAC) Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.
Connecticut Man Pleads Guilty to Trafficking in Endangered Sperm Whale TeethRead the Press Release
John “Jake” Bell, a resident of Lakeville, Connecticut, pleaded guilty today to illegally trafficking teeth from endangered sperm whales. The guilty plea was announced by Acting Assistant Attorney General Jeffrey H. Wood for the Department of Justice’s Environment and Natural Resources Division.
Bell pleaded guilty today in Boston before U.S. District Judge Mark L. Wolf, for the District of Massachusetts, to one count of wildlife trafficking in violation of the Lacey Act. As part of his plea, Bell admitted that in November 2004, while in the Ukraine, he sold approximately 34 sperm whale teeth to a co-conspirator who resided in Nantucket, Massachusetts, for $11,600. Bell shipped the 34 teeth in multiple boxes from the Ukraine to an associate in Connecticut, from where his co-conspirator retrieved them. Bell’s co-conspirator was convicted in 2010, after a jury trial, and sentenced to a 33-month term of imprisonment.
According to the indictment, Bell acquired the teeth and smuggled them into the United States. Bell, who was an artist and scrimshander, carved some of the teeth he sold, but also sold uncarved teeth to customers. According to papers filed in federal court, between July 2005 and June 2006, Bell smuggled in excess of 49 pounds of sperm whale teeth into the United States, valued in excess of $26,000. Also, according to these filings, between June 2007 and April 2008, Bell sold nine carved teeth to customers in the United States, with a total value of $20,300.
“Sperm whale teeth can weigh over two pounds each and are alluring to many collectors. But gone are the days when people can buy, sell and trade parts harvested from protected creatures like the sperm whale. This amazing creature is safeguarded from exploitation by federal laws like the Endangered Species Act and Marine Mammal Protection Act as well as international treaties,” said Acting Assistant Attorney General Wood. “Today’s guilty plea demonstrates that those who attempt to profit from the illegal trade of endangered species will face the consequences for their actions under law.”
“Federal law provides great protection to the marine mammals that live in our waters," said Director James Landon for NOAA's Office of Law Enforcement (OLE). "OLE is dedicated to enforcing those laws and seeing that those who violate them are held accountable for their illegal actions."
The Marine Mammal Protection Act and Endangered Species Act protect sperm whales and, among other things, prohibits their parts from being sold in interstate or foreign commerce or imported into the United States without a permit. In addition, the Lacey Act creates penalties for knowingly trafficking or importing wildlife and parts from wildlife like sperm whales, and United States customs laws prohibit importing merchandise like sperm whale parts knowingly in violation of the law or federal regulations.
The investigation was handled by the National Oceanic and Atmospheric Administration’s Office of Law Enforcement and the Justice Department’s Environmental Crimes Section. The government is represented by Trial Attorneys Erica Pencak and Gary N. Donner of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.
Columbus Man Sentenced for Cyberstalking Local Law Enforcement OfficerRead the Press Release
COLUMBUS, Ohio – William E. Young, 54, of Columbus, was sentenced in U.S. District Court today to 55 months in prison for cyberstalking.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the sentence imposed by U.S. District Judge Michael H. Watson.
According to court documents, Young was arrested in October 1999 for menacing by stalking a female in Delaware County, Ohio. He has continuously harassed and stalked one of his arresting officers since the time of his arrest and conviction.
Young created webpages using the victim’s name in order to make derogatory statements about the victim and his official position.
He mailed letters on numerous occasions to the victim’s wife and family, neighbors, physician, barber, church, church pastor and pastor’s wife, as well as to Ohio Wesleyan College, Delaware City Hall, the Delaware Chamber of Commerce, the Delaware City Mayor, Delaware City Council members, the Delaware Police Department, the Delaware County Sheriff’s Office, the Delaware County Jail, the Arapahoe County Prosecutor’s Office and other local community businesses.
A 62-page letter mailed in September 2015 to the victim’s spouse stated: “I’ll force his hand if the powers that be make the mistake of coming after me again. Then I’ll take everyone down who had a hand in what was done to me one by one.”
As part of his effort to harass and intimidate, Young filed multiple state and federal civil lawsuits against the victim and another arresting officer from Young’s 1999 arrest, and the Delaware Police Department, alleging various claims of corruption and fraud.
Young was indicted by a federal grand jury in August 2017 and pleaded guilty in January 2018. In April 2018, the defendant filed a motion to withdraw his guilty plea, which the Court thereafter denied.
“Young engaged in a campaign to harass and intimidate the victims of this case for nearly two decades,” U.S. Attorney Glassman said. “He sent at least 60 letters and mail on separate occasions, and created four separate websites to further his stalking activity. His deliberate, relentless stalking and the harm to the victims from his crime warrants the sentence he received today.”
U.S. Attorney Glassman commended the investigation of this case by the FBI, and Assistant United States Attorney Jessica H. Kim, who is prosecuting the case.
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Cleveland man indicted for his role in three armed bank robberiesRead the Press Release
A Cleveland man was indicted for his role in three armed bank robberies.
Aaron Nickerson, 22, was indicted on three counts of armed bank robbery and two counts of using a firearm during a crime of violence.
Nickerson was involved with others in the armed robberies of the U.S. Bank on Richmond Road in Warrensville Heights on Jan 18; the Ohio Savings Bank on Richmond Road in Richmond Heights on Feb. 6 and the US Bank on Forest Hills Boulevard in East Cleveland on Feb. 20, according to the indictment.
“This defendant put countless lives at risk when he and his associates used firearms to rob banks,” U.S. Attorney Justin E. Herdman said. “We continue to work with our law enforcement partners to prioritize violent crime and prosecute those who harm our community.”
“This individual engaged in violent bank robberies that threatened the lives of bank customers, employees, and our citizens,” said FBI Special Agent in Charge Stephen D. Anthony. “The Cleveland FBI, in partnership with East Cleveland Police Department, Warrensville Heights Police Department, Richmond Heights Police Department and Euclid Police Department, are committed to pursuing and prosecuting those who commit such dangerous acts.”
This case were investigated by the Federal Bureau of Investigation and the police departments of Warrensville Heights, Euclid, Richmond Heights and East Cleveland, and the Cuyahoga County Prosecutor’s Office Crime Strategies Unit. It is being prosecuted by Assistant U.S. Attorney Scott Zarzycki.
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.
An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Cleveland man indicted for armed robbery of bank on Puritas AvenueRead the Press Release
A Cleveland man was indicted for his role in an armed bank robbery.
Devon Hawkins-Walker, 22, was indicted on one count of armed bank robbery and one count of using a firearm during a crime of violence.
Hawkins-Walker was involved with others in the armed robbery of the Citizens Bank on Puritas Avenue in Cleveland on Jan. 31, according to the indictment.
This case was investigated by the Federal Bureau of Investigation and Cleveland Division of Police. It is being prosecuted by Assistant U.S. Attorney Scott Zarzycki.
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.
An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Cleveland man convicted of domestic violence indicted in federal court for having a firearmRead the Press Release
A Cleveland man previously convicted of domestic violence was indicted in federal court for having a firearm, U.S. Attorney Justin E. Herdman said.
Elijah Harder, 23, was indicted on one count of being a prohibited person in possession of a firearm.
Harder possessed a Derringer Corp. GE, Model CB9, pistol on May 8 after having been convicted in 2015 in Cleveland Municipal Court of domestic violence.
“People convicted of domestic violence are prohibited by law from having a firearm,” Herdman said. “We know those who have hit a loved one are more likely to use a firearm against that person or against law enforcement. We will continue to work with local police and prosecutors are get guns out of the hands of domestic abusers.”
Assistant U.S. Attorney Kathryn G. Andrachik is prosecuting the case following an investigation by the Cleveland Division of Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
California Man Sentenced to 10 Years in Prison for Traveling to Thailand and Sexually Abusing Minor BoysRead the Press Release
A Los Angeles resident was sentenced today to 10 years in prison for two child exploitation offenses, including engaging in illicit sexual conduct in foreign places and traveling in foreign commerce for the purpose of engaging in illicit sexual conduct, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and Special Agent in Charge Joseph Macias of the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Los Angeles.
Paul Alan Shapiro, 71, a retired auto dealership employee, pleaded guilty one day before he was set to go on trial on July 24, 2017. Under the terms of the plea agreement, Shapiro will serve 10 years in federal prison, 20 years of supervised release following his prison sentence, and will pay $20,000 total to two victims, both of whom are citizens of the Kingdom of Thailand. U.S. District Court Judge Dolly M. Gee of the Central District of California presided over today’s sentencing.
According to plea documents, Shapiro traveled from Los Angeles to Thailand on numerous occasions over the past 20 years, and engaged in sexual acts with male boys under the age of 16 on multiple occasions. On at least two occasions in September 2012, Shapiro paid minors as young as 13 years old small amounts of local currency in order to engage in various sex acts with them. According to other documents filed in the case, Shapiro photographed these encounters of himself engaging in sexually explicit conduct with the boys.
HSI conducted the investigation. Trial Attorneys Austin M. Berry and Ralph Paradiso of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
California Man Sentenced to 10 Years in Prison for Traveling to Thailand and Sexually Abusing Minor BoysRead the Press Release
WASHINGTON – A Los Angeles resident was sentenced today to 10 years in prison for two child exploitation offenses, including engaging in illicit sexual conduct in foreign places and traveling in foreign commerce for the purpose of engaging in illicit sexual conduct, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and Special Agent in Charge Joseph Macias of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Los Angeles.
Paul Alan Shapiro, 71, a retired auto dealership employee, pleaded guilty one day before he was set to go on trial on July 24, 2017. Under the terms of the plea agreement, Shapiro will serve 10 years in federal prison, 20 years of supervised release following his prison sentence, and will pay $20,000 total to two victims, both of whom are citizens of the Kingdom of Thailand. U.S. District Court Judge Dolly M. Gee of the Central District of California presided over today’s sentencing.
According to plea documents, Shapiro traveled from Los Angeles to Thailand on numerous occasions over the past 20 years, and engaged in sexual acts with male boys under the age of 16 on multiple occasions. On at least two occasions in September 2012, Shapiro paid minors as young as 13 years old small amounts of local currency in order to engage in various sex acts with them. According to other documents filed in the case, Shapiro photographed these encounters of himself engaging in sexually explicit conduct with the boys.
HSI conducted the investigation. Trial Attorneys Austin M. Berry and Ralph Paradiso of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Butte Methamphetamine Supplier Sentenced to Federal PrisonRead the Press Release
GREAT FALLS – Iran Michael Kesselman, a 72-year-old former Las Vegas resident, was sentenced today to 104 months in prison followed by 3 years supervised release after pleading guilty to conspiracy to possess with the intent to distribute methamphetamine on September 10, 2013. U.S. District Judge Brian M. Morris handed down the sentence.
Kesselman trafficked methamphetamine to Butte, Montana, and other locations, from February 2008 until July 2012. Money was transferred to Kesselman, then he shipped methamphetamine to Montana using Federal Express. Two Butte methamphetamine dealers traveled to Las Vegas to obtain methamphetamine from Kesselman. In Spring 2012, Kesselman rented a motel room in Butte where two to three and perhaps as much as 20 ounces of methamphetamine were sold. In July 2012, Kesselman and his driver traveled from Las Vegas to Butte with 111.35 grams of actual methamphetamine hidden in a Coco Crispy cereal box. The defendant was held responsible for possessing with the intent to distribute 117.55 grams of actual methamphetamine. That converts to 936 individual doses of the drug.
The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Southwest Montana Drug Task Force.
Bradenton Drug Dealer Sentenced to PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Tony Marvin Johnson (34, Bradenton) to 10 years and 10 months in federal prison for possession of cocaine with intent to distribute. He had pleaded guilty on December 7, 2017.
According to court documents, on June 15, 2017, the Drug Enforcement Administration and the Manatee County Sheriff’s Office conducted surveillance of known narcotics trafficking locations in Manatee County, during which they observed a white Buick sedan leaving a suspected drug house and determined that the registered owner of the car had a suspended driver’s license. As officers attempted to initiate a traffic stop, the vehicle kept moving. When it finally stopped, Michael Bernard Code exited the passenger side of the car carrying a black object and fled on foot. Johnson, the driver, was patted down for weapons, during which a a pill bottle containing approximately 8.5 grams of a white substance was found. The substance field-tested positive for cocaine. Officers also recovered $237 from a fanny-pack that was strapped to Johnson’s waistband and another $207 from his front pants’ pockets.
Shortly thereafter, Code returned to the vehicle and was detained. Witnesses advised law enforcement that they saw Code throw objects on the ground in two separate locations. A search of those locations revealed a black magnetic type box containing the following: a digital scale, plastic baggies containing Xanax pills, approximately 13.5 grams of suspected fentanyl, 13 smaller baggies with suspected fentanyl weighing approximately 8.2 grams, and another baggy containing 26 individual small baggies, containing an off-white powdery substance weighing approximately 5.7 grams. The white substance field-tested positive for cocaine. The suspected fentanyl later lab-tested positive for MDMA.
Code later told law enforcement that Johnson had told him to run from the car and get rid of the objects. Code also stated that he “tested” narcotics for Johnson. Johnson told agents that he sold crack cocaine to support his mother.
This case was investigated by the Drug Enforcement Administration and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Shauna S. Hale. This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “Hot Batch.” 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.
Berkeley County woman admits to her role in a heroin and fentanyl distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Crystal Lyn Lewis, of Martinsburg, West Virginia, has admitted to heroin and fentanyl distribution, United States Attorney Bill Powell announced.
Lewis, age 28, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Fentanyl.” Lewis admitted to distributing fentanyl in January 2017 in Jefferson County.
Lewis faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Drug Enforcement Administration and the Jefferson County Sheriff’s Office investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Bella Vista Man Sentenced to 10 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Eliseo Alvarez Jr. age 28, of Bella Vista, Arkansas, was sentenced today to 120 months in federal prison, followed by five years of supervised release. Alvarez Jr. was also ordered to pay a $1,900.00 fine on one count of Distribution of More than 50 grams of Methamphetamine. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, in July 2017, during the course of an investigation into the distribution of methamphetamine in the Western District of Arkansas, Homeland Security Investigation (HSI) and the Drug Enforcement Administration, (DEA) identified Alvarez Jr. as a methamphetamine source of supply of methamphetamine. During the investigation, agents were able to purchase multiple ounces of methamphetamine from Alvarez Jr. utilizing a confidential informant. The suspected methamphetamine purchased was sent to the DEA South Central Lab for testing. The results confirmed that the substance was in fact a mixture of substance that contained 169.7 grams of actual methamphetamine.
Alvarez Jr. was indicted by a federal grand jury in December 2017 and pled guilty in February 2018.
This case was investigated by HSI and the DEA. Assistant United States Attorney Brice White prosecuted the case for the United States.
Attorney General Sessions announces 311 new Assistant United States Attorney positionsRead the Press Release
Largest increase in AUSA’s in decades, allocates four prosecutors to the Southern District of Indiana to focus on violent crime and civil drug enforcement.
PRESS RELEASE
INDIANAPOLIS– Attorney General Jeff Sessions and Josh J. Minkler, U.S. Attorney for the Southern District of Indiana (SDIN), announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.
In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys (AUSA’s) to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.
"Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements," said Attorney General Jeff Sessions. "We have a saying in my office that a new federal prosecutor is 'the coin of the realm.' When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades."
Today, the Department announced its allocation of three AUSAs to focus on violent crime and one AUSA to tackle civil opioid enforcement needs in SDIN.
“Two of our top priorities are reducing gun violence and meeting the challenge of the opioid epidemic in this district,” said Minkler. “This needed addition of AUSAs allows our office to address the district’s biggest threats head on and Hoosiers will soon be able to see real positive results. The number of shootings must decrease and Indiana will be the most inhospitable place in the country to push pills. Our neighbors and community deserve nothing less.”
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This allocation of additional AUSAs will support the office’s firm commitment to collaborate with federal and local law enforcement agencies to prosecute more violent offenders in the district’s most violent geographic areas. In addition, this allocation will support the office’s promise to pursue civil and criminal remedies against those doctors, pharmacies, and medical providers who are furthering the opioid epidemic by illegally diverting pills for their own profit. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Sections 2.1, 2.2, 2.3 2.11, 3.6.
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15 Members of Brooklyn Drug Trafficking Crew Charged in Manhattan Federal CourtRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Ashan M. Benedict, the Special Agent-in-Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”) and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an Indictment charging members of a Brooklyn drug trafficking organization known as the “Boss Crew” with narcotics and firearms offenses. Fifteen members of the organization, including TYSHAWN BURGESS, a/k/a “Ty,” a/k/a “Ty Black,” LLOYD GORDON, a/k/a “LG,” LARRY BAYER, a/k/a “L,” KERRY FELIX, a/k/a “Mack,” DEVONTAE NEWTON, a/k/a “D-Block,” a/k/a “Sneeze,” TYRELL SUMPTER, a/k/a “Rell,” a/k/a “Ruger,” MAURICE CURTIS, a/k/a “Mo,” TYQUAN ROBINSON, a/k/a “Blacko,” TYREEK OGARRO, a/k/a “Reek,” DARREN MILLER, a/k/a “Dice,” a/k/a “Darren Thomas,” ERNEST MURPHY, a/k/a “Problem G,” a/k/a “E,” RAMAL CURTIS, a/k/a “Rah,” KELLY ROYSTER, a/k/a “KK,” ROBERT RHODES, a/k/a “Charlie,” and KAEMAR WILSON, a/k/a “K,” are charged with participating in a conspiracy to distribute crack cocaine and heroin from 2015 to May 2018. In addition, BURGESS, FELIX, NEWTON, SUMPTER, CURTIS, ROBINSON, and WILSON are also charged with possessing firearms in furtherance of the narcotics conspiracy. Fourteen defendants were arrested this morning and will be presented before United States Magistrate Judge Robert W. Lehrburger in Manhattan federal court this afternoon. WILSON is in custody on state charges and will be transferred to federal custody. The case has been assigned to United States District Judge Richard J. Sullivan.
U.S. Attorney Geoffrey S. Berman said: “As alleged, these defendants were members of a street gang that terrorized a Brooklyn neighborhood with their drug dealing and violence. Law enforcement has no more important duty than keeping our citizens safe. These arrests demonstrate our continued commitment to protecting communities that are victimized by gang and gun violence.
ATF Special Agent-in-Charge Ashan M. Benedict said: “Burgess and his co-conspirators as alleged in the Indictment ran an organized ring of narcotics dealers associated with acts of violence on the streets of Brooklyn. ATF remains steadfast in its commitment to protecting the public from violent individuals, groups and gangs looking to do harm to fellow citizens. I would like to thank the Special Agents and Task Force Officers of the NYPD/ATF Joint Firearms Task Force, the NYPD Gun Violence Suppression Division, and HSI. I would also like to extend my gratitude to the United States Attorney’s Office for their work in prosecuting the case.”
NYPD Commissioner James P. O’Neill said: “In collaboration with our federal partners, we will remain steadfast in our fight against those who traffic in illegal narcotics and the violence so often associated with it. Today’s charges emphasize the highly efficient working relationship NYPD detectives enjoy with ATF investigators and attorneys at the Southern District.”
As alleged in the Indictment[1] unsealed in Manhattan federal court today:
The defendants were members of a drug trafficking organization (the “Boss Crew DTO”) that distributed significant quantities of narcotics, including crack cocaine and heroin, on a daily basis, in and around the Bedford Stuyvesant neighborhood of Brooklyn, New York. TYSHAWN BURGESS, a/k/a “Ty,” a/k/a “Ty Black,” was the leader of the Boss Crew DTO. BURGESS supervised other members of the Boss Crew DTO, coordinated the supply of narcotics to other drug dealers within the Boss Crew DTO, and referred drug customers to members of the Boss Crew DTO for sales. LLOYD GORDON, a/k/a “LG,” and DARREN MILLER, a/k/a “Dice,” a/k/a “Darren Thomas,” supplied wholesale quantities of crack cocaine to members and associates of the Boss Crew DTO for street-level distribution. LARRY BAYER, a/k/a “L,” and ERNEST MURPHY, a/k/a “Problem G,” a/k/a “E,” maintained narcotics and narcotics paraphernalia at the Boss Crew DTO’s stash location, and packaged the narcotics for street-level distribution. TYREEK OGARRO, a/k/a “Reek,” RAMAL CURTIS, a/k/a “Rah,” KELLY ROYSTER, a/k/a “KK,” and ROBERT RHODES, a/k/a “Charlie,” purchased and facilitated the purchase of wholesale quantities of narcotics from members of the Boss Crew DTO for distribution. TYRELL SUMPTER, a/k/a “Rell,” a/k/a “Ruger,” TYQUAN ROBINSON, a/k/a “Blacko,” LARRY BAYER, a/k/a “L,” KERRY FELIX, a/k/a “Mack,” DEVONTAE NEWTON, a/k/a “D-Block,” a/k/a “Sneeze,” and MAURICE CURTIS, a/k/a “Mo,” functioned as street level distributors for the Boss Crew DTO.
In addition, BURGESS, FELIX, NEWTON, SUMPTER, CURTIS, ROBINSON, and WILSON, possessed and used firearms to protect the Boss Crew DTO’s narcotics trafficking operation.
* * *
BURGESS, 24, GORDON, 47, BAYER, 25, FELIX, 23, NEWTON, 19, SUMPTER, 23, CURTIS, 24, ROBINSON, 27, OGARRO, 26, MILLER,50, MURPHY, 28, RAMAL CURTIS, 31, ROYSTER, 39, RHODES, 33, and WILSON, 33, are charged with conspiring to distribute, and possess with the intent to distribute, 280 grams and more of crack cocaine and 100 grams and more of heroin, which carries a mandatory minimum sentence of ten years in prison and a maximum sentence of life in prison. BURGESS, FELIX, NEWTON, SUMPTER, CURTIS, ROBINSON, and WILSON, are charged with possession of a firearm in furtherance of a narcotics conspiracy, which carries a maximum sentence of life in prison and a mandatory minimum sentence of five years in prison.
Mr. Berman praised the outstanding investigative work of the NYPD and ATF.
The prosecution is being handled by the Office’s Narcotics Unit. Assistant United States Attorney Karin Portlock is in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
5 June 2018
Woodbury Restaurant to Make Changes to Comply with Americans with Disabilities ActRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that the U.S. Attorney’s Office has reached a settlement agreement with the Good News Restaurant and Bar (“Good News”) in Woodbury to resolve allegations that the restaurant was not operating in compliance with the Americans with Disabilities Act of 1990 (“ADA”).
The settlement agreement resolves an ADA complaint filed by an individual with physical disabilities alleging that the restaurant did not meet the ADA’s requirements for accessibility. The restaurant is in the process of making the changes required by the settlement agreement, including ensuring the availability of accessible parking, creating an accessible entrance and providing an accessible entry route to the new accessible entrance, constructing an accessible restroom, increasing accessible seating within the restaurant, bar and patio area, and ensuring that the route to the patio area is accessible. Good News will continue to make improvements over the next eighteen months.
Under federal law, private entities that own or operate places of “public accommodation,” including restaurants, are prohibited from discriminating on the basis of disability. The ADA authorizes the U.S. Department of Justice to investigate complaints and undertake periodic reviews of compliance of covered entities. The Justice Department is also authorized to commence a civil lawsuit in federal court in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties.
U.S. Attorney Durham noted that the owners of Good News have worked with the U.S. Attorney’s Office in a collaborative manner to address the ADA issues complained of without the need for litigation.
“Our office is committed to enforcing the ADA, and we appreciate that the Good News Restaurant and Bar has agreed to take the steps outlined in the settlement agreement in order to greatly increase the accessibility of the restaurant,” said U.S. Attorney Durham.
Any member of the public who wishes to file a complaint alleging that any place of public accommodation or public entity in Connecticut is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at 203-821-3700.
Additional information about the ADA can be found at www.ada.gov, or by calling the Justice Department’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TTY). More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
This matter was handled by Assistant U.S. Attorney Jessica H. Soufer of the District of Connecticut in coordination with the Disability Rights Section of the U.S. Department of Justice Civil Rights Division.
Vallejo Man Indicted for Unlawful Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — On May 17, 2018, a federal grand jury returned an indictment against Danny Lee Rhines, 34, of Vallejo, charging him with being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced. The indictment was unsealed on June 1, and Rhines was arraigned before U.S. Magistrate Judge Edmund F. Brennan on June 4.
According to court documents, in March 2018, officers observed Rhines driving a Nissan Altima and tried to pull him over. Rhines, who was the driver and sole occupant, ran a red light and attempted to flee the police, but eventually came to a stop and was apprehended. Officers found a Ruger .22-caliber pistol in the Altima. Rhines has previously been convicted of a felony and is prohibited by federal law from possessing firearms.
This case is the product of an investigation by the FBI Solano County Violent Crimes Task Force and the Fairfield Police Department. Assistant U.S. Attorney Owen Roth is prosecuting the case.
If convicted, Rhines faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
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.