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23 May 2018
East Helena Man Pleads Guilty to Illegal Possession of a Machine GunRead the Press Release
HELENA – Patrick Ofaron Longdon, a 49-year-old resident of East Helena, Montana, pled guilty to illegal possession of a machine gun. U.S. Senior District Judge Sam Haddon presided over the hearing and set sentencing for October 2, 2018.
On July 4, 2017, the East Helena Police Department was dispatched to a man shooting an AK-47 type rifle into the air. Upon arrival, contact was made with Patrick Longdon. Longdon admitted to shooting the rifle into the air and that is was “fully-automatic.” Longdon was advised of his rights and acknowledged that he understood and agreed to be interviewed. Longdon told the officer that this was the first time he had ever fired the AK-47 since he converted it himself to full-auto. He also said he “just wanted to see if it worked.” He said that he thought he had fired about 10 rounds out of the rifle.
The officer asked Langdon if he would allow him to enter the house to retrieve the rifle. Longdon agreed to allow officers into his house and said that he “needed to get rid of the rifle.” He asked the officer to go into the house to retrieve it. The Officer recovered an AK-47 variant rifle from the floor of a bedroom within the residence. The rifle was unloaded with a magazine in the magazine well. The rifle was a Romarm/Cugir, Model SAR-1, 762 caliber, Rifle, Obliterated Serial Number.
Patrick Longdon’s name was queried within the ATF National Firearm Registration and Transfer Record (NFRTR). There was no record of Longdon within the NFRTR that allowed him to possess the firearm recovered from his house .
The case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and investigated by the East Helena Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
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.
District Man Found Guilty of Charges in 2016 Stabbing in Southeast WashingtonRead the Press Release
WASHINGTON – Onzay Gibbs, 28, of Washington, D.C., has been found guilty by a jury of charges stemming from the stabbing of a man in Southeast Washington, U.S. Attorney Jessie K. Liu announced today.
Gibbs was found guilty on May 22, 2018, of assault with intent to kill while armed and aggravated assault while armed. The verdict followed a trial in the Superior Court of the District of Columbia. He is to be sentenced on Aug. 10, 2018, by the Honorable Ronna L. Beck.
According to the government’s evidence, Gibbs and the victim knew each other from the neighborhood. At approximately 8:45 p.m. on Sept. 15, 2016, Gibbs and the victim were walking from a dice game in the 2000 block of Savannah Terrace SE towards the corner store. Gibbs stopped to talk with someone inside a car on 22nd Street SE, where the victim was then forced inside the car. The victim next recalled being around the corner in the 3300 block of 23rd Street SE, where Gibbs repeatedly slashed the victim with a sharp object while saying “shut the f*** up.” The victim was left for dead in bushes in the area, where he was found by someone who called 911.
The victim was rushed to a hospital in critical condition, where he was treated for 16 stab wounds to his face, neck, and body. He was cut three-fourths of the way around his neck. Text messages recovered from Gibbs’s cell phone showed his awareness of the victim’s condition and his efforts to avoid being identified and arrested following the incident.
Gibbs was arrested by the Capital Area Regional Fugitive Task Force on Oct. 26, 2016, and has been in custody ever since.
In announcing the verdict, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department (MPD). She expressed appreciation for the assistance provided by the FBI’s Cellular Analysis Survey Team (CAST). She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys C.B. Buente and Kevin L. Rosenberg, Criminal Investigator John Marsh, Paralegal Specialists Tiffany Fogle and Antoinette Sakamsa, and Victim/Witness Advocate Jennifer Allen. Finally, U.S. Attorney Liu commended the work of Assistant U.S. Attorneys Brittany Keil and Natasha Smalky, who prosecuted the case.
Deming Man Sentenced to Ten Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Andy Garcia, Jr., 45, of Deming, N.M., was sentenced today in federal court in Las Cruces, N.M. to 120 months in prison for his conviction on a methamphetamine trafficking charge. Garcia will be on supervised release for five years after completing his prison sentence.
Andy Garcia was charged together with co-defendants Leslie Frank Williams, 53, and Domingo Rodriguez, 47, both of Deming, Oscar Garcia, 47, a Mexican national illegally in the United States, and Estella Aguilar, 46, of Tucson, Ariz., in a nine-count indictment filed on April 21, 2016. The indictment charged the defendants with conspiring to distribute methamphetamine from July 2015 through April 2016. The indictment also charged Williams with distributing methamphetamine on four occasions between Jan 2015 and Sept. 2015; Williams and Rodriguez with distributing methamphetamine in Nov. 2015; and Rodriguez, Oscar Garcia and Andy Garcia with possessing methamphetamine with intent to distribute in Jan. 2016. The indictment also charged Rodriguez, Oscar Garcia and Aguilar with conspiring to commit money laundering offenses in Feb. 10, 2016; and Aguilar with money laundering on Feb. 10, 2016. The indictment charged the defendants with committing the crimes in Luna County, N.M., and included forfeiture allegations requiring the defendants to forfeit $1,000,000 to the United States.
On Oct. 4, 2016, Andy Garcia pled guilty to a felony information charging him with conspiracy to distribute methamphetamine. In entering the guilty plea, Andy Garcia admitted that on Jan. 4, 2016, he traveled by bus from Deming to California to pick up two pounds of methamphetamine. Andy Garcia further admitted that on Jan. 6, 2016, law enforcement agents seized his bag, which contained the methamphetamine, while he was on the bus returning to Deming.
Andy Garcia’s four co-defendants previously have entered guilty pleas and two have been sentenced. Oscar Garcia pled guilty on Oct. 7, 2016, and was sentenced on April 10, 2018 to 15 years in prison; he will be deported following his prison sentence. Aguilar pled guilty on Nov. 3, 2016, and was sentenced on April 13, 2017, to time served followed by one year of supervised release. Rodriguez pled guilty on Sept. 13, 2016, and Williams pled guilty on Sept. 20, 2016. Sentencing hearings for Rodriguez and Williams have yet to be scheduled.
This case was investigated by the Las Cruces office of Homeland Security Investigations and the Luna County Sheriff’s Office. Assistant U.S. Attorneys Mark A. Saltman and Dustin C. Segovia of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
Deming Man Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Christopher H. Meza, 35, of Deming, N.M., made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with distributing and possessing child pornography. Meza remains in federal custody pending a preliminary hearing and a detention hearing, which have yet to be scheduled.
According to the criminal complaint, the investigation leading to Meza’s arrest was initiated in March 2018, after an FBI agent who was working in an undercover capacity in Oklahoma, signed into a publicly available peer-to-peer file-sharing network that was being used by individuals who were sharing child pornography images and videos. The agent learned that an IP Address and email address subscribed to Meza allegedly were being used to share child pornography.
On May 3, 2018, the FBI executed a search warrant at Meza’s residence. While executing the search warrant, FBI agents seized a computer that allegedly contained more than a dozen video files and more than a hundred image files of child pornography.
If convicted of offenses charged in the criminal complaint, Meza faces a statutory mandatory minimum penalty of five years and a maximum of 20 years in prison on the distribution of child pornography charge and a statutory maximum penalty of ten years in prison on the possession of child pornography charge. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Las Cruces office of the FBI with assistance from Homeland Security Investigations and the Deming Police Department. Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For information about Project Safe Childhood, please visit http://www.justice.gov/psc/. Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437, or to contact Homeland Security Investigations at 1-866-DHS-2-ICE.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Columbia Man Pleads to Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated that Marcus Terrelle Marsh, age 34, of Columbia, plead guilty in federal court to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e). Chief United States District Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose sentence after he has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that on July 25, 2017, at approximately 5:50 pm, an officer with the Benedict College Police Department was on patrol when he observed a black male, later identified as Marsh, walking on the sidewalk of the 2600 block of Elmwood Avenue in front of the Benedict College Business Development Center, approaching Two Notch Road. Officer Eggleston observed Marsh, who was clad in jean shorts and a white t-shirt, wearing a GPS ankle monitor on his lower leg and noticed what appeared to be a handgun on Marsh’s right hip area underneath the t-shirt. After the officer pulled his car around, Marsh turned and walked in the opposite direction, stopping on the porch of a nearby home[1]. When approached by the officer, Marsh refused a patdown and ran. As Marsh began to flee, the officer’s body cam footage showed the firearm on Marsh’s right hip area. The officer gave chase and observed Marsh discard the firearm. Marsh was apprehended and the firearm was recovered. Marsh provided the officer with a false name, but his identity was later discovered.
Marsh is prohibited under federal law from possessing firearms and ammunition based upon his prior state convictions. Marsh has prior state convictions for unlawful carrying of a weapon, possession of crack cocaine, resisting arrest/assault on an officer while resisting arrest, failure to stop for blue light and siren (3 separate convictions), possession with intent to distribute crack cocaine (2 separate convictions), possession with intent to distribute marijuana within the proximity of a park, possession with intent to distribute marijuana 2nd offense (2 separate convictions), trafficking crack cocaine, possession with intent to distribute crack cocaine within proximity of a park, and possession with intent to distribute ecstasy 2nd offense.
Marsh faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release. However, if he is deemed an armed career criminal in light of his extensive prior convictions, he would face a statutory mandatory minimum term of imprisonment of 15 years with a maximum of life, a fine of $250,000, and 5 years of supervised release.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Benedict College Police Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
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[1] The resident later advised officers that they did not know MARSH.
Charlotte Man Sentenced to Seven Years on Gun and Drug ChargesRead the Press Release
CHARLOTTE, N.C. – U.S. District Judge Robert J. Conrad, Jr. sentenced yesterday Kendrick Brinkley, 29, of Charlotte, to 84 months in prison and three years of supervised release on drug and gun charges, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina.
Wayne Dixie Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division and Chief Kerr Putney of the Charlotte Mecklenburg Police Department join U.S. Attorney Murray in making today’s announcement.
According to filed court documents and court proceedings, on April 13, 2016, while conducting a search of a hotel room at La Casa Inn, located at 7900 Nations Ford Road, in Charlotte, CMPD officers located a revolver and a box of ammunition that belonged to Brinkley. On February 3, 2017, ATF Task Force officers arrested Brinkley at a residence in Charlotte. While executing a search warrant at the residence, law enforcement recovered crack cocaine, $2,314 in cash, a loaded firearm, an assault rifle that law enforcement later determined to be stolen, a loaded magazine with a 30-round capacity, and a third firearm, also later determined to be stolen.
Brinkley has prior felony convictions and is prohibited from possessing a firearm. He pleaded guilty in September 2017 to federal charges of possession of a firearm by a felon and possession with intent to distribute crack cocaine. He is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
In making today’s announcement, U.S. Attorney Murray thanked the ATF and CMPD for their investigation of the case.
Assistant U.S. Attorney Robert Gleason, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Charlotte Man Sentenced to 21 Years on Bank Robbery ChargesRead the Press Release
CHARLOTTE, N.C. – On Tuesday, May 22, 2018, U.S. District Judge Robert J. Conrad, Jr. sentenced Ronald McKnight, 34, of Charlotte to 20 years in prison and three years of supervised release on bank robbery charges, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina. McKnight was also sentenced to one additional year in prison for violating his supervised release on prior robbery convictions. Judge Conrad also ordered McKnight to pay $3,425.98 as restitution to victims.
U.S. Attorney Murray is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Kerr Putney of the Charlotte-Mecklenburg Police Department (CMPD).
According to filed court documents and the sentencing hearing, on January 5, 2015, McKnight entered the Fifth Third Bank branch located at 212 South Tryon Street, in Charlotte. Court records show that McKnight presented a note to the bank teller that read, “Robbery 100 50 20 No Die packs.” The teller handed McKnight over $1,732 in cash and McKnight left the bank. On January 9, 2015, McKnight entered the Wells Fargo Bank branch located at 2910 South Boulevard, in Charlotte. McKnight again handed the teller a note that instructed the teller to give McKnight cash in denominations of $100, $50, and $20, and not to include a dye pack. According to court records, the teller complied with McKnight’s demands, handed him more than $1,660 in cash, and McKnight fled the location. Court records indicate that law enforcement arrested McKnight later the same day.
A federal jury convicted McKnight of bank robbery in June 2017. He is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
In making today’s announcement, U.S. Attorney Murray thanked the FBI and CMPD for their investigation of the case.
Assistant U.S. Attorney Steven Kaufman, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Charles Turner and Donald Kevin Collins Sentenced for Mail Fraud Conspiracy to Defraud Mountain Empire Surgery CenterRead the Press Release
GREENEVILLE, Tenn. – On May 23, 2018, two individuals were sentenced by the Honorable J. Ronnie Greer, U.S. District Judge, for their roles in a conspiracy to commit mail fraud. Donald Kevin Collins, 41, of Elizabethton, Tennessee, was sentenced to serve 51 months in federal prison. Upon his release, he will be supervised by U.S. Probation for three years. He was also ordered to pay $1,381,552 in restitution. Charles Turner, 43, of Chattanooga, Tennessee, was sentenced to serve six months in prison, followed by six months home detention with electronic monitoring. Turner must also perform 150 hours of community service, be supervised by U.S. Probation for three years and pay $1,381,552 in restitution.
Turner pleaded guilty in October 2017, to one count of a 16-count indictment charging him and Collins with conspiracy to commit mail fraud. The indictment also charged Collins with 15 counts of mail fraud. Collins also pleaded guilty in January 2018 to one count of conspiracy to commit mail fraud and 15 counts of mail fraud. Details of the scheme are outlined in their plea agreements on file with U.S. District Court. According to these documents, Turner became involved in a conspiracy with Collins to defraud Mountain Empire Surgery Center (MESC) in Johnson City, Tennessee. Beginning in mid-2009, Collins, who was the materials manager for MESC, devised a scheme to defraud MESC by submitting false invoices to MESC purporting to show that MESC had purchased and received supplies from a vendor called Turner Distributors, LLC (Turner Distributors). In fact, MESC never received any supplies from Turner Distributors. Instead, at the instruction of Collins, Turner established Turner Distributors as a shell company. When MESC received legitimate medical supplies from companies like Cardinal Health, Collins falsified invoices and packing slips to make it appear as though the supplies originated from Turner Distributors. Collins then submitted these falsified invoices and packing slips to the accounts payable personnel at MESC.
Beginning in July 2009 and continuing through March 2016, MESC paid Turner Distributors after receiving the falsified invoices and packing slips submitted by Collins. To make payment, MESC mailed checks to the mailing address for Turner Distributors in east Tennessee. Upon receipt, Turner deposited the checks into a Carter County Bank account he opened in the name of Turner Distributors, withdrew cash, and split the proceeds with Collins. Collins was then supposed to pay Cardinal Health for the cost of the supplies; however, since there was never any real agreement with Cardinal Health, the money was retained by Turner and Collins.
Although Turner initially believed that the business relationship was legitimate, he realized around April 2010 that he was involved in a criminal conspiracy with Collins after receiving a 1099 (an IRS form used to report miscellaneous payments made to nonemployee individuals during the calendar year) from MESC. By this time, Turner, through Turner Distributors, had deposited 19 fraudulently obtained checks from MESC totaling approximately $74,146. Although now aware of the conspiracy, Turner continued to participate in the conspiracy by depositing or cashing an estimated 161 additional MESC checks, totaling approximately $1,307,406, from April 2010 through March 2016. In total, Turner and Collins fraudulently obtained 180 MESC checks amounting to $1,381,552.
“The U.S. Attorney’s Office will continue to work with our federal and state partners to prosecute those who conspire to use the U.S. Mail to commit fraud against legitimate businesses,” said U.S. Attorney J. Douglas Overbey.
FBI Special Agent in Charge, Renae McDermott said, “This investigation is but another example of our commitment to investigating fraud and rooting out those who willfully commit such crimes. We will continue working with our law enforcement partners to identify and stop those who defrauded their employer at the expense of others.”
Agencies participating in this investigation included the FBI and Tennessee Bureau of Investigation-Medicaid Fraud Control Unit. Assistant U.S. Attorney TJ Harker represented the United States in court proceedings.
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Cedar Rapids Man Sentenced to 20 Years for Methamphetamine TraffickingRead the Press Release
A Cedar Rapids man who was previously convicted of selling cocaine was sentenced today to 20 years in federal prison for trafficking in 99% pure “ice” methamphetamine.
Ryan William Buchheim, age 48, from Cedar Rapids, Iowa, received the prison term after a December 17, 2017 guilty plea to possession with intent to distribute methamphetamine.
At the guilty plea, Buchheim admitted that on March 16, 2017, police officers stopped Buchheim’s car in Cedar Rapids. A drug dog alerted on the car, indicating the presence of drugs, and officers found a backpack in the car containing 435 grams of “ice” methamphetamine. The methamphetamine was over 99% pure. Buchheim admitted that he intended to sell the methamphetamine. Buchheim was previously convicted of delivery of cocaine and possession of pseudoephedrine knowing it would be used to manufacture methamphetamine.
Buchheim was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. He was sentenced to 240 months’ imprisonment and fined $15,000. Buchheim must also serve a 10-year term of supervised release after the prison term. There is no parole in the federal system.
Buchheim is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Ravi T. Narayan and Special Assistant United States Attorney Drew O. Inman and investigated by Drug Enforcement Administration and Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-84-LRR.
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Carlsbad Felon Sentenced to 105 Months for Conviction on Federal Firearms and Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Timothy G. Tanner, 28, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 105 months in prison for his conviction on federal firearms and drug trafficking charges. Tanner will be on supervised release for five years after completing his prison sentence.
Tanner was arrested on Oct. 10, 2017, on a three-count indictment charging him with being a felon in possession of a firearm and possessing a firearm with an obliterated serial number on June 2, 2016, and for possessing methamphetamine with intent to distribute on Aug. 4, 2016. According to the indictment, Tanner committed the crimes in Eddy County, N.M. Tanner was prohibited from possessing firearms and ammunition because of his prior felony convictions for drug trafficking and tampering with evidence.
On Jan. 31, 2018, Tanner pled guilty to the indictment and admitted that on June 2, 2016, he sold a firearm with an obliterated serial number to an undercover law enforcement agent. Tanner acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon. In entering his guilty plea, Tanner also admitted that on Aug. 4, 2016, he possessed approximately 48.92 grams of pure methamphetamine when he arrested on an outstanding arrest warrant. Tanner admitted that he intended to distribute the drugs to others.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pecos Valley Drug Task Force, and the DEA office in Las Cruces. Assistant U.S. Attorneys Clara Cobos and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
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.
Cardenas Jr. Convicted of Firearms Charge and Impersonating US MarshalRead the Press Release
BROWNSVILLE, Texas – The son of the former Gulf Cartel leader has admitted he illegally possessed a firearm and impersonated a U.S. Marshal, announced U.S. Attorney Ryan K. Patrick.
On March 14, 2018, authorities responded to the SKY Bar and Lounge in Brownsville in response to reports of an individual within the club brandishing a firearm. That person was identified as Osiel Cardenas Jr., 26. He was found next to his vehicle within the SKY Bar and Lounge parking lot and arrested for public intoxication. At the time of his arrest, Cardenas informed officers he was a U.S. Marshal and asked them to look at his badge. Hanging on his neck, under his shirt, officers located a gold colored Cameron County District Attorney’s badge. Officers also found a Bersa, .380 caliber firearm inside his vehicle which also contained his identification documents and currency.
Witnesses identified Cardenas as the individual inside the nightclub brandishing the firearm. They also identified the firearm recovered from his vehicle as the firearm they had seen Cardenas brandish within the nightclub. They indicated Cardenas had also displayed a gold colored badge and identified himself as a U.S. Marshal. The witnesses indicated Cardenas ordered patrons to leave the nightclub or they would be arrested for failure to follow his commands.
Cardenas, who has been in custody since his arrest, will remain in custody pending his sentencing hearing, set for Aug. 27, 2018, before U.S. District Judge Andrew S. Hanen. At that time, he faces up to 10 years for the felon in possession of a firearm as well as another three years for impersonating a U.S. Marshal. Both convictions also carry a possible $250,000 maximum fine.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Brownsville Police Department conducted the investigation. Assistant U.S. Attorney Angel Castro is prosecuting the case.
Car Passenger Had Crack Cocaine Concealed in a Hideaway CanRead the Press Release
PITTSBURGH, PA – A former Pittsburgh resident pleaded guilty in federal court to violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Walter Porter, 45, pleaded guilty to one count of possession with the intent to distribute a Schedule II controlled substance before United States District Court Judge David Cercone.
In connection with the guilty plea, the court was advised that on April 14, 2016, Walter Porter was a passenger in a maroon Hyundai Elantra that was pulled for a traffic stop in Indiana, Pa. Porter was seated next to a green bag. Inside the green bag, Indiana Police found a bag of a white material within a Big Puncture Seal Tire Repair hideaway can. The Pennsylvania State lab tested the substance and revealed that it was approximately three grams of crack cocaine, a Scheduled II controlled substance.
Judge Cercone scheduled sentencing for October 4, 2018 at 11 a.m. The law provides for a maximum total sentence of not more than 30 years in prison, a fine of $2,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Indiana Borough Police Department conducted the investigation leading to the indictment in this case.
California Man Claiming to be a Billionaire Financier Convicted in Multimillion-Dollar Fraud SchemeRead the Press Release
Following a two-week trial, a federal jury in Denver, Colorado, has convicted a California man of multiple charges for his role in an investment scheme in which he falsely told investors that he was a billionaire who could access certain financing, including hundreds of millions in cash in an overseas bank account, in exchange for up-front fees.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Inspector in Charge Craig Goldberg of the U.S. Postal Inspection Service’s Denver Division and Acting Inspector in Charge Bill Hedrick of the U.S. Postal Inspection Service’s Chicago Division, made the announcement.
Kenneth Brewington, 55, of Corona, California, was convicted of one count of conspiracy to commit mail and wire fraud, one count of mail fraud, five counts of wire fraud, one count of conspiracy to commit money laundering, one count of laundering monetary instruments, and two counts of engaging in monetary transactions in property derived from specified unlawful activity.
“Kenneth Brewington and his coconspirators deceived investors by falsely claiming to have hundreds of millions of dollars in cash in an overseas bank account as part of a criminal scheme to steal the investors’ hard earned money,” said Acting Assistant Attorney General Cronan. “The Department of Justice is dedicated to working with our law enforcement partners to identify and prosecute people who are involved in fraudulent investment schemes, and to pursuing justice for the victims of those crimes.”
“Fraudsters believe they can maintain this lifestyle on the backs of unsuspecting victims, but this arrest should be a warning to all that law enforcement will not stand for these schemes,” said Acting Inspector in Charge Nicole Davis of U.S. Postal Inspection Service’s Criminal Investigations Group. “Postal Inspectors have made it our mission to protect our customers from exploitation and fraud and we will continue to actively investigate these schemes and pursue convictions of these fraudsters.”
According to evidence presented by the government at trial, beginning in approximately 2009, the defendant told victims that he required millions of dollars in supposed fees in order to access his extraordinary wealth abroad, which in turn could be used for financing. During the scheme, the defendant and his coconspirators sold promissory notes to victims, including through a financial-services marketing company based in Denver called Compass Financial Solutions (CFS). The defendant and his coconspirators falsely represented to their victims that their money would be used to pay for, among other things, bank transaction fees and tax penalties to the IRS. To conceal the nature of their scheme, the defendant and his coconspirators told victims to wire their funds into an attorney-trust account. The funds from that account, however, were then sent to the defendant and his coconspirators and spent on, among other things, repayments to other investors and personal expenses. The evidence presented at trial showed that the defendant was not, in fact, wealthy and instead struggling to pay his personal debts. The defendant’s victims lost over $3 million to his fraud scheme.
The defendant’s sentencing is set for Aug. 17, before U.S. District Court Judge Philip A. Brimmer, who presided over the trial of the case.
The former corporate counsel for CFS, William E. Dawn, 80, of Denver, Colorado, and the former CEO of CFS, Brian G. Elrod, 61, of Lakewood, Colorado, previously pleaded guilty for their roles in the scheme. Sentencing hearings are scheduled for June 19 and June 20, respectively.
The investigation was led by the U.S. Postal Inspection Service. The U.S. Attorney’s Office for the District of Colorado and the Securities and Exchange Commission also provided substantial assistance in this matter. Trial Attorneys Anna G. Kaminska, Kyle C. Hankey, and Jennifer G. Ballantyne and Assistant Chief Henry P. Van Dyck of the Criminal Division’s Fraud Section prosecuted the case.Broken Arrow Man Pleads Guilty to ArsonRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that Matthew Evan Smith, age 37, of Broken Arrow, Oklahoma, pled guilty to Arson, in violation of Title 18, United States Code, Sections 844(i) and 2, punishable by not less than 5 years or more than 20 years imprisonment, a fine up to $250,000.00 or both.
The Indictment alleged that on or about April 26, 2017, within the Eastern District of Oklahoma, the defendant, maliciously damaged, and attempted to damage and destroy, by means of fire, the Sherwin-Williams Paint Store located in Tahlequah, Oklahoma, which was used in an activity affecting interstate commerce.
The charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Dean Burris represented the United States.
Bergen County Man Sentenced to 65 Months in Prison for Robbery of New Jersey Bar, Carjacking, and Violent Kidnapping of Taxi DriverRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man was sentenced today to 65 months in prison for participating in the December 2015 robbery of a North Jersey bar and the violent carjacking and kidnapping that took place shortly afterwards, U.S. Attorney Craig Carpenito announced.
Wilbur Jonathon Barahona, 22, of Ridgewood, New Jersey, previously pleaded guilty before U.S. District Judge Jose L. Linares to a three-count information charging him with conspiracy to commit Hobbs Act Robbery, carjacking, and kidnapping. Judge Linares imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Barahona admitted that on Dec. 25, 2015, he and others forcibly robbed a bar in Hawthorne, New Jersey, and subsequently fled with approximately $200 in cash.
In the early morning hours of Dec. 26, 2015, Barahona and others hailed a taxi in Paterson, New Jersey, and forcibly took the taxi from the driver. Barahona admitted that he and others forced the driver into the back of the vehicle and took over driving. Barahona also admitted that during the carjacking, other conspirators caused seriously bodily injury to the driver by hitting him in the head with a beer bottle and slicing his throat with a knife before eventually leaving him on the side of the road in New York. The taxicab driver survived.
In addition to the prison term, Judge Linares sentenced Barahona to five years of supervised release and fined $1,500.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, the Bergen County Prosecutor’s Office, under the direction of Acting Prosecutor Dennis Calo, and the Ridgewood and Hawthorne Police Departments, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorneys Elaine K. Lou and Karen D. Stringer of the U.S. Attorney’s Office’s Criminal Division in Newark.
Baker Man and Trucking Company Found Guilty for Mislabeling and Falsifying Records Related to Transporting Explosive MaterialsRead the Press Release
BILLINGS - On Tuesday, May 22, 2018, The United States obtained a guilty verdict in United States v. Woody’s Trucking, LLC and Donald E. Wood, Jr. after an 8 day jury trial in Billings, Montana before the Honorable Susan P. Watters. Both Defendants were charged with conspiracy, wire fraud, mail fraud, placarding violations and obstruction of justice stemming from an explosion at an oil and gas processing facility in Wibaux, Montana. The defendants were convicted of 13 of 14 counts. The one count of acquittal related to one of the placarding violations. Forfeiture in the case amounts to $644,689.70.
On December 29, 2012, a driver for Woody's Trucking, loaded natural gas condensate, or "drip gas," from a pipeline station that transports products from the Bakken oil fields in Montana and North Dakota. The drip gas was hauled from Watford City, North Dakota, to Custom Carbon Processing, Inc. (CCP). CCP is a slop-oil processing/recycling company based near Wibaux, Montana. The bill of lading that accompanied the shipment identified the product as "slop oil and water," which is a non-hazardous substance. However, while the driver was pumping from the truck’s front tank into the CCP facility, a fire ignited, injuring three employees. The tanks on the truck burned for eight days until the local fire department could determine that they held drip gas and not slop oil and water, as indicated on the bill of lading. Drip gas is a hazardous material and the truck was not placarded to indicate it held a flammable liquid. Three employees were seriously injured in the explosion.
Witnesses at trial testified that the CEO of the company, Donald Wood, Jr., directed the driver to place a falsified Bill of Lading in the burned out truck several days after the explosion. The reason was to cover up the fact that the company was hauling drip gas without placards. Furthermore, the company had no insurance coverage for hauling drip gas.
Sometime after the explosion, the employees of the burned facility sued Woody’s Trucking, the owners of the CCP facility and others for negligence in a civil action. Woody’s submitted the lawsuit to their insurance company for payment of costs, attorney fees and payment of the eventual settlements to the injured workers. The insurance company agreed to settle the claims, but always maintained that there was no coverage for hauling drip gas.
U.S. Attorney Kurt Alme stated, “I want to thank the prosecution team and the representatives from the Department of Transportation and Environmental Protection Agency that coordinated on this important investigation. Mislabeling and submitting false documents to conceal the presence of explosive material on public highways are serious criminal matters that will be prosecuted to the fullest extent of the law. As this case demonstrates, the failure to properly disclose and label hazardous materials can endanger lives.”
“The defendants in this case tried to cover up safety violations by providing falsified documents to first responders, showing little regard for the safety of first responders, public health, or environmental damage,” said Susan Bodine, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s guilty verdict shows that EPA, our law enforcement partners, and the jury agree that those who choose to disregard laws designed to keep our communities safe from chemical accidents should be held accountable for their actions.”
The jury deliberated for 3 hours before finding both defendants guilty of 13 of 14 counts.
The case was tried by AUSA Adam Duerk and SAUSA Eric Nelson of the EPA. The United States’ Attorney’s Office conducted this investigation with the Environmental Protection Agency - Criminal Investigation Division as well as the Department of Transportation.
22 May 2018
Windsor Woman Who Embezzled $190,000 from Employer Sentenced to PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that REBECCA BLOCK, 43, of Windsor, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 12 months and one day of imprisonment, followed by one year of supervised release, for embezzling approximately $190,000 from her former employer and failing to pay federal income taxes on the embezzled income.
According to court documents and statements made in court, BLOCK was employed by PG Life Planning Associates, Inc. in West Hartford. Between 2010 and 2013, BLOCK stole from the company by issuing more than 200 checks payable to herself and depositing those checks into her personal bank account. She concealed the embezzlement from her employer by disguising the payments in PG Life’s internal accounting records as legitimate business expenses. BLOCK embezzled approximately $190,399 over the approximately four-year period, and failed to report a total of $42,004 in income taxes on her 2010 through 2013 federal tax returns.
On February 20, 2018, BLOCK pleaded guilty to one count of filing a false tax return.
Judge Underhill ordered BLOCK to make restitution in amount of $190,399 to PG Life, and $42,004, plus applicable interest and penalties, to the IRS.
BLOCK, who is released on a $40,000 bond, was ordered to report to prison on August 15, 2018.
This investigation was conducted by the Internal Revenue Service – Criminal Investigation Division, and was prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.
Windham Man Sentenced to 25 Years for Mailing Cyanide Resulting in Death, Fraud and Witness TamperingRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Sidney P. Kilmartin, 56, of Windham, Maine was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to a total of 25 years in prison, a total of 5 years of supervised release, and a total of $1041 in restitution for mailing injurious articles (cyanide) resulting in death, wire fraud, mail fraud and witness tampering. On October 3, 2016, the defendant pleaded guilty to wire and mail fraud charges. On October 11, 2016, a jury found him guilty of mailing cyanide resulting in death, wire and mail fraud, and witness tampering.
At trial, evidence showed that the defendant acquired potassium cyanide and thereafter advertised to sell it on an internet blogsite devoted to suicide. Between September 2012 and May 2013, he communicated by email with hundreds of depressed and suicidal people around the world offering the cyanide, and accepted payments for it. To some of those victims, he mailed Epsom salts instead of cyanide. When one victim in England did not die after he ingested Epsom salts, that victim complained to the FBI and told the defendant he had done so. Thereafter, the defendant sent the victim real cyanide that resulted in his death in December 2012. The defendant asked that victim to destroy evidence of their interaction. At the time the defendant was engaged in these activities, he was under the supervision of a Maine state psychiatric hospital pursuant to a not guilty by reason of insanity adjudication for a 2007 aggravated assault.
In pronouncing sentence, Judge Woodcock observed that Mr. Kilmartin’s crimes were amongst the most heinous because they involved preying upon extraordinarily vulnerable people, some of whom gave heartrending testimony at trial.
In announcing the sentencing, U.S. Attorney Frank praised the work of the U.S. Postal Inspection Service and expressed gratitude for the cooperation and assistance of the Humberside Police Force (City of Hull, England).
Wichita Gang Member Indicted on Federal Drug, Firearms ChargesRead the Press Release
WICHITA, KAN. – A member of the Insane Crips gang in Wichita was indicted today on federal drug and firearms charges, U.S. Attorney Stephen McAllister said.
Charles L. Hervey, 21, Wichita, Kan., was charged in a superseding indictment with two counts of possession with intent to distribute marijuana, two counts of unlawful possession of a firearm in furtherance of drug trafficking, one count of possession of methamphetamine with intent to distribute, one count of unlawful possession of a firearm by a user of controlled substances and one count of maintaining a residence in the 3100 block of South Pallisade.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute marijuana, and possession with intent to distribute methamphetamine: Up to 20 years in federal prison and a fine up to $1 million on each count.
Unlawful possession of a firearm by a user of controlled substances: Up to 10 years and a fine up to $250,000.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
Maintaining a premise in furtherance of drug trafficking: Up to 20 years and a fine up to $500,000.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wichita Police Department investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
OTHER INDICTMENTS
Alfredo Nino-Cruz, 29, a citizen of Mexico, is charged with one count of unlawful possession of a firearm following a felony conviction, one count of unlawful possession of ammunition following a felony conviction and one count of unlawful possession of a firearm by a person not legally in the United States. The crimes are alleged to have occurred in 2016, 2017 and 2018 in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Unlawful possession of a firearm or ammunition following a felony conviction: Up to 10 years and a fine up to $250,000.
Unlawful possession of a firearm by a person illegally in the United States: Up to 10 years and a fine up to $250,000.
The Drug Enforcement Administration investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Raul Castro-Aguda, 53, a citizen of Mexico, is charged in a superseding indictment with one count of unlawfully re-entering the United States after being deported, one count of misusing a Social Security number, one count of making a false claim of citizenship, and one count of possessing a false Social Security card. He was found Jan. 4, 2018, in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Unlawful re-entry: Up to two years in federal prison and a fine up to $250,000.
Misusing a Social Security number: Up to five years and a fine up to $250,000.
Making a false claim of citizenship: Up to five years and a fine up to $250,000.
Possessing a false document: Up to 10 years and a fine up to $250,000.
Immigration and Customs Enforcement’s Enforcement Removal Operations investigated. Assistant U.S. Attorney David Lind is prosecuting.
Justin Ware, 30, Cushing Okla., is charged with one count of unlawful possession of a stolen firearm and one count of unlawful possession of a firearm following a felony conviction. In addition, Victoria Celso, 25, Cushing, Okla., is charged with one count of unlawful possession of a stolen firearm. The crimes are alleged to have occurred in May 2018 in Sedgwick County, Kan.
Upon conviction, both counts carry a penalty of up to 10 years in federal prison and a fine up to $250,000. The Sedgwick County Sheriff’s Office investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Wheeling man sentenced for drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – Timothy E. Billups, of Wheeling, West Virginia, was sentenced today to 15 months incarceration for distributing cocaine near a playground, United States Attorney Bill Powell announced.
Billups, age 26, pled guilty to one count of “Distribution of Cocaine Base within 1,000 Feet of a Protected Location” in February 2018. Billups admitted to selling cocaine near the Jensen playground in June 2017 in Ohio County.
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Ohio Valley Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.Washington, Pa. Man Charged with Conspiracy to Distribute and Distribution of Heroin and FentanylRead the Press Release
PITTSBURGH – A federal grand jury returned a superseding indictment against a resident of the City of Washington, Washington County, Pennsylvania, on charges of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
The seven-count superseding indictment named Jerome "Bubba" Barnes, age 33, as the sole defendant.
According to the superseding indictment, from in and around June 2016, to in and around July 2017, Barnes conspired with others to distribute and possess with intent to distribute 400 grams or more of a mixture and substance containing a detectable amount of fentanyl, a Schedule II controlled substance, and a detectable amount of heroin, a Schedule I controlled substance. The superseding indictment also alleges that Barnes distributed and possessed with intent to distribute quantities of heroin and fentanyl between April and June of 2017.
The law provides for a maximum total sentence of not less than 10 years and up to life in prison, a fine of $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Special Assistant United States Attorney Jerome A. Moschetta is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Pennsylvania State Police and the Washington County District Attorney’s Office Drug Task Force conducted the investigation leading to the superseding indictment in this case.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Attorney Announces Charges Against Additional Members of the “Harlem Mafia Rollin’ 30s” Crips, Including “Big Homie” Randy TorresRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, James P. O’Neill, the Police Commissioner of the City of New York (“NYPD”), and Angel M. Melendez, Special Agent in Charge of Homeland Security Investigations in New York City, announced the unsealing of a Superseding Indictment charging five additional defendants, including a leader of the Rollin’ 30s Crips, RANDY TORRES, a/k/a “Rico,” with racketeering and narcotics charges as a result of their membership in the violent Crips street gang. TORRES, together with CHARLES VENTURA, a/k/a “Gutta,” DERRICK RICHARDSON, a/k/a “J Rock,” EARL BANKS, a/k/a “EJ,” and former Armed Services Member EMIL MATUTE, a/k/a “Silly,” join other members of the Rollin’ 30s who were previously charged with racketeering, firearms, and narcotics-related offenses, including WALSTON OWEN, a/k/a “Purpose,” RICHARD FELIZ, a/k/a “Dirt,” SHAQUILLE BAILEY, a/k/a “Shaq,” a/k/a “Jefe,” and MIGUEL CABA, a/k/a “Miggs.”
The Superseding Indictment charges FELIZ for the March 26, 2015, murder of Victor Chafla, an innocent bystander. OWEN, FELIZ, BAILEY, CABA, VENTURA, and RICHARDSON are already in federal custody. BANKS and MATUTE were arrested earlier today, and will be presented in Manhattan federal court before U.S. Magistrate Judge Katherine H. Parker. The case is assigned to U.S. District Judge Victor Marrero. TORRES remains at large.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, these defendants are members of a street gang that has engaged in drug trafficking, robbery, murder, and other acts of violence. The indictment unsealed today alleges that Richard Feliz murdered innocent bystander Victor Chafla in a botched attempt to kill a rival gang member. Gang violence is a threat to the safety and security of our neighborhoods, and we will continue to work to end it.”
NYPD Commissioner O’Neill said: “The high level of collaboration employed by the NYPD and our federal partners increasingly results in appropriate, meaningful prison sentences for those convicted of engaging in these types of illegal enterprises and street violence. I commend all of the detectives and investigators involved, and the U.S. Attorney for leveling these additional charges today.”
HSI Special Agent in Charge Angel M. Melendez said: “The charges against these men span from racketeering to murder; from firearms to narcotics-related offenses. These members of the violent Crips street gang allegedly did whatever it took to fund their criminal enterprise and protect their interest. But it is in the interest of HSI and its law enforcements partners, like the NYPD, to ‘close up shop’ on these alleged criminal operations by arresting the operators and bringing them to justice.”
According to the allegations contained in the Superseding Indictment[1] and other documents in the public record, and statements made in court:
From at least in or about 2013 up to and including in or about 2017, in the Southern District of New York and elsewhere, RANDY TORRES, a/k/a “Rico,” WALSTON OWEN, a/k/a “Purpose,” RICHARD FELIZ, a/k/a “Dirt,” SHAQUILLE BAILEY, a/k/a “Shaq,” a/k/a “Jefe,” MIGUEL CABA, a/k/a “Miggs,” CHARLES VENTURA, a/k/a “Gutta,” DERRICK RICHARDSON, a/k/a “J Rock,” EARL BANKS, a/k/a “EJ,” and EMIL MATUTE, a/k/ “Silly,” were members or associates of a racketeering enterprise known as the “Rollin’ 30s,” also known as the “Harlem Mafia,” or “Dirt Gang.” In order to fund the enterprise, protect and expand its interests, and promote its standing, members and associates of the Rollin’ 30s committed, conspired, attempted, and threatened to commit acts of violence, including murder, attempted murder, and robbery; and they conspired to distribute and possess with intent to distribute narcotics.
During a dispute with a member of an opposing crew, on March 26, 2015, FELIZ fired a gun in an attempt to kill that individual. FELIZ instead hit an innocent father, Victor Chafla, in the head, while Chafla was standing outside the store where he worked stocking fruits and vegetables. Chafla died from his wounds a few days later.
* * *
Count
Charges
Defendants
Maximum Penalties
1
Racketeering Conspiracy
RANDY TORRES,
WALSTON OWEN,
RICHARD FELIZ, SHAQUILLE BAILEY, MIGUEL CABA,
CHARLES VENTURA,
DERRICK RICHARDSON,
EARL BANKS, and
EMIL MATUTE
Life in prison (all defendants except FELIZ)
Life in prison or death (FELIZ)
2
Conspiracy To Commit Murder in Aid of Racketeering
RICHARD FELIZ
Life in prison
3
Murder in Aid of Racketeering
RICHARD FELIZ
Life in prison or death
4
Use of Firearms Resulting in Death
RICHARD FELIZ
Life in prison or death
5
Narcotics Conspiracy
RANDY TORRES,
WALSTON OWEN,
RICHARD FELIZ, and SHAQUILLE BAILEY
Life in prison
Mandatory minimum of ten years in prison
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by a judge
Mr. Berman praised the investigative work of the NYPD and HSI.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jessica Fender, Drew Skinner, and Anden Chow are 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 below constitute only allegations, and every fact described should be treated as an allegation.
Two Mexican Nationals Facing Federal Drug Charges Based on Significant Cocaine Seizures in New MexicoRead the Press Release
ALBUQUERQUE – Two Mexican Nationals who were arrested last week in connection with seizures of large quantities of cocaine made their initial appearances yesterday in federal court in Las Cruces, N.M. Miguel Angel Nava-Dominguez, 32, is facing cocaine trafficking offenses arising out of the seizure of more than 12 pounds of cocaine at a U.S. Border Patrol checkpoint in southern New Mexico on May 17, 2018. Fidelmar Chavez-Quezada, 52, is charged with cocaine trafficking offenses arising out of the seizure of more than 21 pounds of cocaine during a traffic stop on Interstate 10 near Lordsburg, N.M., on May 19, 2018. Both men remain in federal custody pending preliminary hearings and detention hearings, which are currently scheduled for May 24, 2018.
U.S. Border Patrol agents arrested Nava-Dominguez on May 17, 2018, after seizing approximately 5.805 kilograms (12.8 pounds) of cocaine allegedly concealed in Nava-Dominguez’s vehicle. According to the criminal complaint, the agents allegedly found the cocaine in Nava-Dominguez’s vehicle during an inspection at the U.S. Border Patrol checkpoint located on Interstate 25 near mile marker 26 in Dona Ana County, N.M.
An officer of the Lordsburg Police Department executed a traffic stop on Chavez-Quezada’s vehicle while patrolling Interstate 10 near Lordsburg on May 19, 2018. According to the criminal complaint, the officer requested and allegedly obtained Chavez-Quezada’s consent to search the vehicle. During his search of the vehicle, the officer allegedly found nine bundles, which the officer believed to contain controlled substances and led the officer to place Chavez-Quezada under arrest. The nine bundles allegedly contained approximately 9.77 kilograms (21.55 pounds) of cocaine.
If convicted of the charges against them, each man faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The case against Nava-Dominguez was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorney Selesia Winston.
The case against Chavez-Quezada was investigated by Homeland Security Investigations, the Lordsburg Police Department, and the HIDTA Region VII Drug Task Force, a multi-agency task force that conducts long term investigations targeting regional, national and international drug trafficking organizations that operate in Luna, Hidalgo and Grant counties and follow-up on cases resulting from U.S. Border Patrol and New Mexico State Police interdiction efforts, and is being prosecuted by Assistant U.S. Attorney Mark Saltman.
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.
Two Eagle Butte Men Charged with Possession of a Controlled Substance and FirearmRead the Press Release
United States Attorney Ron Parsons announced that two Eagle Butte, South Dakota, men have been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Terry Dillabaugh, age 68, and Frederick Dillabaugh, age 56, were indicted on May 15, 2018. Terry appeared before U.S. Magistrate Judge Mark A. Moreno on May 17, 2018, and Frederick appeared before U.S. Magistrate Judge Mark A. Moreno on May 18, 2018. They both pled not guilty to the Indictment.
For Terry, the maximum penalty upon conviction is up to 50 years in custody and/or a $5,250,000 fine, 7 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
For Frederick, the maximum penalty upon conviction is up to 40 years in custody and/or a $5,000,000 fine, at least 4 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 13, 2018, Terry and Frederick knowingly and intentionally possessed with intent to distribute 50 grams or more of methamphetamine, which is a Schedule II controlled substance.
The Indictment also alleges that on the same date, Terry, being an unlawful user of, and addicted to a controlled substance, knowingly received and possessed a firearm, which had been shipped and transported in interstate commerce and foreign commerce.
The charges are merely accusations and Terry and Frederick are presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Both defendants were released on bond pending trial. A trial date has not been set.
Twentieth Defendant Sentenced for Federal Fraud and Money Laundering Charges Related to Telemarketing Enterprise that Targeted the ElderlyRead the Press Release
St. Louis, MO – Timothy Murphy, a/k/a Mr. Black, a/k/a Colby Muhlberg, a/k/a Arthur Whitton, 34, of Phoenix, Arizona, was sentenced to 54 months in prison in connection with a multi-count indictment arising from a fraudulent telemarketing enterprise that often targeted elderly victims. Ninety-one Missouri residents are among the approximately 4,000 victims including residents of Chesterfield, University City, St. Louis, Hannibal, Arnold, Potosi, Ballwin, Valley Park, Florissant, O’Fallon, St. Clair, and Farmington. Multiple individual victims of the scheme lost more than $50,000. Two individual victims lost more than $200,000.
On February 22, 2018, Timothy Murphy pled guilty to one count of wire fraud in connection with telemarketing and one count of conspiracy to commit money laundering before United States Judge John Ross. As led by Defendant Michael McNeill, Defendant Joshua Flynn and Defendant Murphy, and others, the telemarketing enterprise sold false and fictitious business opportunities as part of a scheme that reached across the United States and Canada and generated in excess of $28,000,000 in fraudulent sales. From 2012 through 2015, the Phoenix, Arizona based telemarketing enterprise operated under multiple business names and utilized multiple business entities over the course of the scheme, including Smart Business Pros LLC of Warson Woods, Missouri. The sophisticated money laundering activity of the telemarketing enterprise included transfers designed to promote and conceal their fraud and also to enrich the owners, organizers and leaders of the enterprise.
In October 2016, nine individuals were initially indicted. In February 2017, an additional ten individuals were indicted. In July 2017, an additional individual was indicted. All twenty defendants have now pled guilty and have been sentenced for one or more offenses arising from the scheme to defraud and money laundering. Defendants in the case were sentenced to a combined total of 595 months’ imprisonment. All defendants were ordered to pay restitution to the victims and ordered to forfeit assets. To date, approximately $1,000,000.00 has been paid toward restitution. In addition, the United States has identified numerous assets for forfeiture in this case, including more than $300,000 in cash seized from various defendants, Rolex and Breitling watches, more than 80 gold and silver coins, a 2015 Jaguar F-Type coupe, numerous firearms, private equity holdings, and an interest in a luxury home in Phoenix, Arizona.
Assistant Inspector in Charge James Ball stated, “The defendants in this large scale and sophisticated fraud targeted this nation’s elderly citizens. This investigation is fair warning to such criminals that the U.S. Postal Inspection Service is committed to protecting the vulnerable and bringing those who would victimize them to justice.”
“Honest and law abiding citizens are fed up with the likes of those who use deceit and fraud to line their pockets with other people’s money,” said Steven Slazinik, Acting Special Agent in Charge of IRS Criminal Investigation. “Those who engage in this type of fraud against the elderly should know they will not go undetected and will be held accountable.”
In addition to Mr. Murphy’s sentence of 54 months imprisonment, other defendants were sentenced to terms of imprisonment as follows: on March 6, 2018, Michael McNeill, a/k/a Mr. White, a/k/a Todd Lockwood, 48, of Phoenix, Arizona, was sentenced to 120 months in prison; on March 6, 2018, Joshua Flynn, a/k/a Mr. Pink, a/k/a Jeff Thomas, 36, of Chandler, Arizona, was sentenced to 84 months in prison; on March 1, 2018, Donald Schnock, 34, of Phoenix, Arizona, was sentenced to 60 months in prison; on March 7, 2018, Shawn Casey, a/k/a Shawn Anderson, a/k/a Daniel Arenson, 41, of Phoenix, Arizona, was sentenced to 50 months in prison; on March 8, 2018, Thomas Silha, a/k/a Keith Henderson, a/k/a Dave Marsh, 56, of Phoenix, Arizona, was sentenced to 50 months in prison; on March 7, 2018, Bruce Doll, 52, of Las Vegas, Nevada, was sentenced to 48 months in prison; on April 10, 2018, Scott Shocklee, a/k/a Fredo, 40, of Phoenix, Arizona, was sentenced to 36 months in prison; on May 4, 2018, Ashley Powell, a/k/a Brittany Wilson, 26, of Phoenix, Arizona, was sentenced to 30 months in prison; on March 8, 2018, Russell Hibbert, 44, of Phoenix, Arizona, was sentenced to 24 months in prison; on April 19, 2018, Jason Gallagher, 36, of Gilbert, Arizona, was sentenced to 24 months in prison; and on March 7, 2018, Brian Phillips, 28, of Tempe, Arizona, was sentenced to 12 months in prison.
This case was investigated by the, United States Postal Inspection Service, IRS Criminal Investigation, the Federal Bureau of Investigation, and the Office of the Arizona Attorney General. Assistant United States Attorneys Charles Birmingham, Gwendolyn Carroll, and Kyle Bateman prosecuted the case for the U.S. Attorney's Office. “These inspectors, agents, and prosecutors were persistent. They worked in close coordination and simply never gave up until the last one was sentenced,” said U.S. Attorney Jeff Jensen.
This prosecution coincides with the United States Department of Justice coordination of a nationwide elder fraud sweep. Attorney General Jeff Sessions and law enforcement partners are coordinating the largest sweep of elder fraud cases in history. The cases involve more than two hundred and fifty defendants from around the globe who victimized more than a million Americans. In total, the charged elder fraud schemes caused losses of more than half a billion dollars. The Department coordinated its sweep with the FTC and state Attorneys General, who independently filed numerous cases targeting elder frauds within the sweep period.
Elder fraud complaints
Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.
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Tucson Teacher Sentenced to 87 Months in Prison for Distribution and Possession of Child PornographyRead the Press Release
TUCSON, Ariz. – On May 22, 2018, Ryan Bono, 37, of Tucson, Ariz., was sentenced by U.S. District Judge James A. Soto to 87 months in prison. Bono previously pleaded guilty to two counts of distribution of child pornography, one count of possession of child pornography, and one count of knowing access of child pornography. Bono’s term of imprisonment will be followed by lifetime supervised release, with stringent sex offender conditions, including the condition that he register as a sex offender.
A 2017 investigation by HSI revealed that Bono had been distributing sexually explicit images of children online using file-sharing software. A search of Bono’s computers and media storage devices revealed that he had downloaded hundreds of images and videos depicting sexual abuse of pre-pubescent children. In handing down the sentence, the Court found that Bono posed a danger, in part because he had placed himself around children by working as a middle school teacher and soccer coach.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The investigation in this case was conducted by Homeland Security Investigations, Tucson Office. The prosecution was handled by Carin C. Duryee, District of Arizona, Tucson.
CASE NUMBER: CR-17-0686-TUC-JAS
RELEASE NUMBER: 2018-070_Bono
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Three Men Charged Federally with Robbery of Armored VehicleRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – Orneth Patrick South, age 48, of Charlotte, North Carolina; Ryan Shevin Smith, age 38, of Princess Anne, Maryland; and Michael D. Watts, age 42, of Brooklyn, New York, have been charged federally in connection with the robbery of an armored vehicle in Salisbury, Maryland on January 22, 2018.
The charges were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Chief of Police for the Salisbury Police Department Barbara Duncan.
According to the charging documents, on Monday, January 22, 2018, at approximately 7:15 a.m., the Salisbury Police Department responded to the armed robbery of a Loomis Armored vehicle that was parked at a branch of State Employees’ Credit Union (SECU) located in Salisbury, Maryland. The Loomis vehicle driver was servicing an automated teller machine (“ATM”) at the location, when three men approached him and demanded money from the ATM as well as the armored vehicle. The driver was disarmed of his service handgun and restrained.
The defendants face a maximum sentence of 20 years in prison for the robbery, and up to life in prison for the firearm charge.
An individual charged by indictment or criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the FBI – Baltimore Field Office, FBI – Charlotte, North Carolina Field Office, FBI – New York Field Office, and the Salisbury Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Michael Cunningham and Paul Riley, who are prosecuting the case.
Syracuse Woman Sentenced to 51 Months for Credit Card Cloning SchemeRead the Press Release
SYRACUSE, NEW YORK – Taylor Boyd-White, age 27, of Syracuse, was sentenced yesterday to 51 months incarceration, followed by 3 years of supervised release, for charges relating to her role in a years-long credit card cloning operation, announced United States Attorney Grant C. Jaquith, Janelle M. Miller, Acting Special Agent-in-Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Chief Frank Fowler, Syracuse Police Department. Boyd-White was also ordered to forfeit $5,000.00 of illegal proceeds from the scheme.
As part of her guilty plea to conspiracy to commit wire fraud and conspiracy to commit money laundering, Boyd-White admitted her involvement in the scheme, which included the purchase of stolen credit card numbers belonging to hundreds of different victims. Many of the stolen credit card accounts were purchased from computer hackers located overseas. Boyd-White further admitted that she and her co-conspirators used the cloned credit cards to purchase thousands of dollars in merchandise and prepaid gift cards. Members of the conspiracy later used these to purchase United States Postal Service money orders, which they converted to cash. Boyd-White’s criminal conduct spanned from 2014 through 2016 and took place in Syracuse, as well as the state of Georgia.
This case was investigated by the Federal Bureau of Investigation, the United States Postal Inspection Service, the Syracuse Police Department – Gang Violence Task Force, the New York State Police, and the Town of Dewitt Police Department, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.
Solon woman charged with embezzling $156,000Read the Press Release
A Solon woman was charged in federal court with embezzling $156,000 from a fund established on behalf of someone entrusted to her care.
Teresita Sidoti, 52, was charged via criminal information with bank fraud and filing false tax returns.
Sidoti worked as a caregiver for Noel Zugay and was the trustee of the Noel Zugay Supplemental Needs Trust. From 2009 through 2015, Sidoti devised a scheme to defraud the trust of funds held at Huntington Bank for Zugay’s benefit. Sidoti used those funds for her personal benefit. She also diverted deposits that should have been to the trust account into her own personal account, according to the information.
In total, Sidoti embezzled approximately $156,949, according to the information.
Sidoti also failed to claim some of this income on her tax returns between 2011 and 2014, according to court documents.
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.
This case is being prosecuted by Assistant U.S. Attorney Matthew B. Kall, following an investigation by the FBI and IRS – Criminal Investigations.
An information 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.
Soldier Creek Man Sentenced for Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Soldier Creek, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on May 22, 2018, by U.S. District Judge Roberto A. Lange.
Rylan Alton Joel Black Lance, age 23, was sentenced to 34 months in prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100
Black Lance was indicted by a federal grand jury on November 14, 2017. He pled guilty on March 7, 2018.
The conviction stemmed from an incident that occurred on August 5, 2017. On that date, Black Lance invited a 15-year-old girl to his residence in Soldier Creek, provided her alcohol and marijuana, and engaged in sexual intercourse with her. Black Lance was aware that the victim was under the age of 16, and therefore unable to consent to any sexual activity with him.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Black Lance was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced to 55 Months on Firearms ChargesRead the Press Release
United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Sioux Falls, South Dakota, man convicted of Possession of Firearms by a Prohibited Person and Possession of a Stolen Firearm, on May 9, 2018.
Dennis Eugene Cockerham, age 46, was sentenced to 55 months in custody, followed by 3 years of supervised release, and ordered to pay $200 to the Federal Crime Victims Fund, and to forfeit property.
Cockerham was indicted for possession of firearms by prohibited person, conspiracy to distribute a controlled substance, and possession of a stolen firearm by a federal grand jury on July 6, 2017. He pled guilty on February 21, 2018.
Cockerham has previously been convicted of a crime punishable by imprisonment for a term exceeding one year. In 2005, he was convicted in federal court of being a felon in possession of a firearm.
On August 25, 2016, members of the Sioux Falls Area Drug Task Force, pulled Cockerham over in his vehicle. They found a loaded pistol under the driver's seat and glass pipes in Cockerham’s pocket and another in his vehicle; both field-tested positive for meth. A subsequent search of Cockerham’s residence led police to find another handgun, along with drug paraphernalia.
Cockerham later admitted being in possession of a stolen gun on October 16, 2016. The gun was one of many that had been stolen during the burglary of a Larchwood residence in June 2016.
This case was investigated by the Sioux Falls Police Department, the Osceola County, Iowa, Sheriff's Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Jeff Clapper prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Cockerham was ordered to report to the U.S. Bureau of Prisons in June.
Securities Attorney Convicted of Two Market Manipulation SchemesRead the Press Release
BOSTON – A California-licensed securities attorney was convicted yesterday by a federal jury in Boston in connection with his role in schemes to manipulate the stock of two publicly traded microcap companies, Greenway Technology and Crown Marketing.
Jehu Hand, 61, was convicted following a 13-day trial of conspiracy, securities fraud and wire fraud. Following the verdict, Hand was remanded to the custody of the U.S. Marshals. U.S. District Court Judge William G. Young has not yet scheduled the sentencing hearing.
In the scheme involving the stock of Greenway Technology, Hand and his co-conspirators used front companies to conceal their control over the vast majority of Greenway’s stock, which then became available for sale to the public after Hand authored and sent several false opinion letters to the transfer agent and brokerage firms. With millions of shares at their disposal, the conspirators proceeded to hire stock promoters to send blast e-mails to potential investors touting Greenway as a company on the verge of acquiring hotels which would cater to gay and lesbian travelers, when in fact the company lacked the requisite funds to acquire any such properties. As a result of the hype created by the false and misleading promotional campaign, Hand and his co-conspirators were able to sell millions of shares of Greenway stock to ordinary investors at artificially high prices.
The scheme involving Crown Marketing stock followed a similar pattern. Hand and his co-conspirators once again used front companies to hide their control over most of Crown’s stock, which could be sold to the public as a result of a false filing that Hand had made with the U.S. Securities and Exchange Commission. The conspirators then put out misleading press releases about the company and hired stock promoters to send blast e-mails touting Crown’s stock. In this case, Crown was billed as having revolutionary drug-delivery technology, when in actuality there was no real commercial interest in Crown’s product. As with Greenway, once Crown’s stock price and trading volume spiked, Hand and his co-conspirators dumped their stock in the market at inflated prices.
In total, between the Greenway and Crown schemes, Hand and his co-conspirators caused losses of more than $1.5 million.
The charge of conspiracy provides a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000, or twice the gross loss to the victim. The charges of securities fraud and wire fraud provide for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000, or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The United States Attorney’s Office received valuable assistance from the Securities & Exchange Commission and Financial Industry Regulatory Authority during the investigation of this matter. Assistant U.S. Attorney James Herbert and SEC Attorney Andrew Palid, who was appointed as a Special Assistant U.S. Attorney, are prosecuting the case.
San Francisco Methamphetamine Trafficker Sentenced to Ten Years in PrisonRead the Press Release
SAN FRANCISCO – Michael Pon was sentenced today to 120 months in prison for his role in a conspiracy to possess with the intent to distribute methamphetamine and related charges announced Acting United States Attorney Alex G. Tse and Drug Enforcement Administration (DEA), Special Agent in Charge, San Francisco Field Division, Chris Nielsen. The sentence was handed down by the Honorable Vince Chhabria, U.S. District Judge.
Pon, 46, of San Francisco, was convicted on February 2, 2018, after a week-long jury trial. The evidence at trial demonstrated Pon set the prices, arranged for the supply, and collected the money for drug deals in which he engaged with his co-defendants, Kenneth Ng and Flavia Lino. Pon participated in three controlled purchases of pure methamphetamine, in amounts ranging from a quarter pound to one pound, during the months of January and February 2014. He supplied the drugs for each transaction, and received the bulk of the money as a result of the sales. On April 23, 2014, Pon helped arrange and then called off a transaction for 11 pounds of methamphetamine after an undercover government agent refused to show the money to pay for the drugs.
On June 18, 2015, a federal grand jury indicted Pon and charged him with two counts of distributing methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(viii), and one count of conspiracy to distribute methamphetamine, in violation of 18 U.S.C. § 846. Pon was convicted on all three counts.
In addition to the prison term, Judge Chhabria also ordered Pon to serve a five-year period of supervised release.
Pon’s co-defendants are currently in custody. Lino pleaded guilty to distributing methamphetamine and participating in the conspiracy, while Ng was convicted after a bench trial. On December 19, 2017, Judge Chhabria sentenced Ng to ten years in prison for his role in the drug distribution scheme. On February 14, 2018, Judge Chhabria found Ng in criminal contempt for refusing to testify during the Pon trial. On March 30, 2018, Judge Chhabria sentenced Ng to 180 days of confinement for his refusal to testify. Similarly, on March 27, 2018, Judge Chhabria sentenced Lino to serve an additional 180 days of confinement for having been found in criminal contempt for her refusal to testify during Pon’s trial. Earlier, U.S. District Judge Susan Illston sentenced Lino to 36 months in prison for Lino’s part in the drug distribution scheme.
Assistant U.S. Attorneys Meredith Osborn and Brian Faerstein are prosecuting the case. The prosecution is the result of an investigation by the DEA.
Ringleaders sentenced in massive Interstate cargo theft caseRead the Press Release
Twelve defendants convicted of stealing more than $30 million in cargo
for Louisville-based crime syndicate between 2012 and 2015
PRESS RELEASE
New Albany – Josh J. Minkler, the United States Attorney, announced today that four individuals convicted of participating in a wide-ranging conspiracy to steal truckloads of high-value merchandise traveling in interstate commerce were sentenced in federal court in New Albany last Friday by U.S. District Judge Tanya Walton Pratt. Among those sentenced were the ringleaders of the theft organization, Roberto Santos-Gonzalez, 37, (“Santos”) and Carlos Enrique Freire-Pifferrer, 39, (“Freire”), as well as Juan Perez-Gonzalez, 44, (“Perez”) and Eduardo Hernandez, 55, (“Hernandez”), two commercial truck drivers who worked with the group.
Santos, Freire, Perez, and Hernandez were named, along with nine others, in a 23 Count indictment alleging that between August 2012 and May 2015, the members of the conspiracy traveled from various locations throughout the United States to Virginia, Illinois, Indiana, Kentucky, North Carolina, South Carolina, Ohio, Oklahoma, Tennessee, and other U.S. States in order to steal property being transported in interstate commerce by semi-tractor trailers. Members of the group would then transport the stolen trailers full of merchandize to locations in Kentucky, New Jersey, Florida, and elsewhere, and sell the stolen merchandise for financial gain.
At the sentencing hearings on Friday, the court talked about the sophistication of this theft ring. Specifically, the court heard that the co-conspirators would travel long distances to reconnoiter distribution facilities used by various national companies to distribute high-end electronics, clothing, pharmaceuticals and cigarettes, among other products. The group would conduct surveillance of the facility, locate and follow semi-tractor trailers leaving the distribution facilities, and then steal the entire semi-tractor and trailer when the driver of the cargo load would stop at a truck stop to rest or refuel. Typically the group would abandon the tractor portion of the stolen vehicle within 20 miles of the truck stop, but would hook the stolen trailer up to a tractor operated by another member of the conspiracy and haul the load to Louisville, Kentucky, where arrangements would be made to sell the stolen merchandize. In four instances, the cargo loads targeted by these defendants either originated at a distribution center or were stolen from a truck stop in central Indiana. Additionally, in many instances, the defendants transported the stolen cargo through the Southern District of Indiana to Louisville using Interstate Highways 64, 65, and 69.
The loads targeted by the crime syndicate included truckloads of T-Mobile cellular telephones, Samsung appliances, Ralph Lauren clothing, Dell Computers, HP computers, Pfizer pharmaceuticals, Mead Johnson baby formula, Lorillard cigarettes, and one truckload of LG cellular telephones valued at $11.9 million.
The court also heard that many of the members of the group had prior federal convictions for remarkably similar conduct, including Santos, Perez, and Eduardo Hernandez. Due to their prior criminal history and extensive involvement in the new criminal conspiracy, the court on Friday sentenced Santos to 150 months imprisonment and Perez to 108 months imprisonment. Freire and Hernandez were sentenced to 87 months and 12 months, respectively. Prior to Friday’s hearing, the court sentenced seven other defendants for their role in the conspiracy, including: Orlis Machado-Cantillo (96 months), Mario Hernandez-Oquendo (79 months), Daniel Gonzalez-Insua (72 months), Yoel Palenzuela-Mendez (60 months), Miguel Mompie (57 months), Carlos Mendez-Rosa (40 months), and Ritzy Robert-Montaner (probation).
According to Assistant United States Attorneys Matthew J. Rinka and James M. Warden, all defendants will be supervised by the U.S. Probation Office for a period of three (3) years following their release from custody.
The convictions in this case were the product of a collaborative, years-long investigation by the Federal Bureau of Investigation and the Kentucky State Police Vehicle Investigations Branch, with assistance from the Louisville Metropolitan Police Department, Wythe County (Virginia) Sherriff’s Office, Fayette County (Ohio) Sherriff’s Office, and the National Insurance Crime Bureau.
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Red Rock Woman Pleads Guilty to Embezzling from the Otoe-Missouria TribeRead the Press Release
OKLAHOMA CITY – TRACI PICKERING, 35, of Red Rock, Oklahoma, has pleaded guilty to embezzling from the Otoe-Missouria Tribe, announced Robert J. Troester, Acting U.S. Attorney for the Western District of Oklahoma.
On May 11, 2018, the U.S. Attorney filed a one-count information against Pickering that alleged she embezzled more than $1,000 from the tribe between March 1, 2017, and March 23, 2017.
On May 22, 2018, Pickering pleaded guilty before U.S. District Judge David L. Russell to embezzlement from the tribe. In particular, she admitted she issued debit cards for tribal members and used the money on the cards for personal expenses. She acknowledged that the tribal members did not receive the cards and that the tribe suffered a financial loss.
As a result her guilty plea, Pickering faces a maximum sentence of five years in prison. She has agreed to pay restitution to the tribe in the amount of $13,074. She could also receive up to three years of supervision after release from prison and a fine of up to $250,000. Sentencing will take place in approximately ninety days.
This case is the result of an investigation by the Bureau of Indian Affairs. It being prosecuted by Assistant U.S. Attorney Rozia McKinney-Foster.
Reference is made to court records for further information.
Randel Probst Receives Award for Exemplary Service in Support of Project Safe NeighborhoodsRead the Press Release
Rapid City, SD – United States Attorney Ron Parsons announced that Randel Probst, retired special agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), has received the U.S. Attorney’s Award for Exemplary Service to Project Safe Neighborhoods, one of the cornerstones of the Department of Justice’s ongoing fight against violent crime.
Probst was presented with the award during a ceremony at the U.S. Attorney’s office in Rapid City on May 18, 2018, as part of National Police Week.
Probst distinguished himself with exemplary service to our Nation during approximately 30 years of investigations and prosecutions of violent offenders and others who committed crimes involving guns. His career spanned from 1987 to December 2017. Probst worked for ATF in Hawaii, Oregon, Nevada, and South Dakota. During his career, he examined more than 1,000 firearms and ammunition to determine the manufacturer, model, caliber/gauge, serial number, place of manufacture, function and design, and status related to the National Firearms Act.
“As a special agent with the ATF, Randy Probst had critical knowledge and expertise regarding illegally possessed firearms that are too often used to commit crimes, safeguard illegal drugs, and harm South Dakotans,” said U.S. Attorney Parsons. “Probst was always a consummate professional and team player, lending his expertise to our prosecutors and helping to develop strategies for the successful interdiction of guns that have fallen into the hands of criminals. For all of this, he has our enduring gratitude and respect.”
In presenting the award, Parsons stressed that Probst has provided valuable support of the Department’s Project Safe Neighborhoods mission. Probst regularly helped agents in central and western South Dakota, and lawyers in the U.S. Attorney’s Office, determine interstate nexus, determine the functionality of seized firearms, and analyzed silencers, sawed-off shotguns, or machine guns. Additionally, he would drive to rural communities, including Indian country, to retrieve firearms for analysis. He provided both formal and informal training to law enforcement officers on a variety of topics related to firearms and ammunition. He had a “can do” attitude and regularly lent his expertise to DOJ work, which moved numerous firearms cases forward over the past years. Though he is missed, Probst has come back since retirement to complete his work on some existing cases.
Project Safe Neighborhoods is an area of enhanced focus for the Department of Justice and this administration. PSN is a nationwide commitment to reduce gun crime in America by networking with existing local programs that target gun crime, and providing those programs with additional tools to fit the specific gun crime problems in each area. The goal is to create safer neighborhoods by reducing gun violence and sustaining that reduction. Since its inception in 2001, funds have been used to hire new federal and state prosecutors, support investigators, provide training, distribute gun lock safety kits, deter juvenile gun crime, and develop and promote community outreach efforts as well as to support other gun and gang reduction strategies.
For more information on PSN efforts, please visit: https://www.atf.gov/firearms/project-safe-neighborhoods-psn
Portland Man Sentenced to Eight Years in Federal Prison for Dealing HeroinRead the Press Release
Downloadable file: SENTENCING-Ruggles-Final.pdf
PORTLAND, Ore. –Joshua Paul Ruggles, 34, of Portland, was sentenced today to eight years in federal prison for possession with intent to distribute heroin.
According to court documents, on March 11, 2017, a Portland Police Bureau (PPB) officer responded to a report of a car prowler at the Pine Point Apartments on Southeast Pine Street in Portland. The 9-1-1 caller reported seeing a man who was not a resident of the complex rummaging through a minivan with a flashlight. When the officer arrived on scene, he observed a minivan with two male suspects inside. As one of the suspects, later identified as Ruggles, began to walk away from the minivan, the officer instructed him to stop and talk. Ruggles replied that he hadn’t done anything and continued walking away. The officer observed Ruggles holding an unknown dark object and reaching for his waistband.
The officer detained Ruggles and asked if he had any weapons on him. Ruggles declined. After finding brass knuckles on his person, the officer arrested Ruggles for carrying a concealed weapon. During a subsequent search, officers found $856 in cash in Ruggle’s right front pocket and several baggies of methamphetamine and heroin labeled for sale, a digital scale with drug residue, and a small loaded handgun in his groin area.
Ruggles previously pleaded guilty to one count of possession with intent to distribute heroin on December 14, 2017.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) with assistance from PPB. It was prosecuted by Leah K. Bolstad, Assistant U.S. Attorney for the District of Oregon.
Portland Man Sentenced to 220 Months in Federal Prison for Distribution of Methamphetamine (Photo)Read the Press Release
Downloadable file: Backpack Contents
Downloadable file: Backpack
Downloadable file: SENTENCING-Carpenter-Final-Updated.pdfPORTLAND, Ore. – On May 21, 2018, Jeramy Theodore Carpenter, 35, of Portland, was sentenced to 220 months in federal prison for conspiracy to possess with intent to distribute methamphetamine.
According to court documents, on September 15, 2016, Carpenter and a co-conspirator arranged to sell two ounces of methamphetamine for $800. With Carpenter hiding in the back seat of a sport-utility vehicle, the co-conspirator drove to an agreed upon location to meet their buyer. The buyer entered the vehicle and sat in the front passenger seat. Carpenter raised up from the back seat and struck the buyer multiple times in the back of the head with a firearm, asking “Where’s my money?” After further interrogation, the victim persuaded Carpenter and the co-conspirator to drop him off to retrieve the money from a safe deposit box. The victim escaped and called police.
Multnomah County Sheriff deputies applied for and obtained a search warrant to search Carpenter’s garage and the vehicles associated with him and his co-conspirator. While searching the garage, they discovered plastic wrap from a used or discarded kilogram of methamphetamine, drug records, a money counter, and a backpack containing Carpenter’s wallet, identification, and prescription medications. Carpenter’s backpack also contained over 1,100 grams of methamphetamine, a digital scale, two firearms, three pairs of brass knuckles, and $1,000 in cash. Deputies found a third firearm in Carpenter’s vehicle and fourth in his spouse’s vehicle.
Carpenter previously pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine on January 22, 2018.
This case was investigated by the Multnomah County Sheriff’s Office Special Investigation Unit (SIU) and prosecuted by Leah K. Bolstad, Assistant U.S. Attorney for the District of Oregon.
Panga Boat Pilot and Guide Sentenced to CustodyRead the Press Release
Assistant U. S. Attorney Christopher Alexander (619) 546-6665
NEWS RELEASE SUMMARY – May 21, 2018
SAN DIEGO – Juan Alejandro Castro-Reza, the pilot of a panga style boat, was sentenced in federal court Monday to 24 months in prison for bringing 11 undocumented immigrants into the United States from Mexico.
Castro-Reza and Javier Guadalupe Lerma-Enriquez pleaded guilty in connection with the events of November 18, 2017, when the U.S. Border Patrol observed the vessel on the open sea operating at night and heading at a high rate of speed for an area about a mile north of the international border. Upon making landfall, the vessel’s 13 occupants fled before being apprehended by Border Patrol agents.
U.S. Border Patrol agents identified all of the vessel’s occupants as citizens of Mexico without any legal right to enter the United States. Through investigation, agents learned that Lerma-Enriquez was to guide the smuggled aliens once they were inside the United States.
At sentencing, U.S. District Judge Cathy Ann Bencivengo found that Castro-Reza’s conduct created a substantial risk to the immigrants on board the vessel and noted that he had smuggled immigrants using a panga boat before.
“Smugglers who have no regard for the safety of immigrants are stuffing people into their trunks, abandoning them in treacherous terrain and cramming way too many onto small boats to take a dangerous journey across the ocean,” said U.S. Attorney Adam Braverman. “Our anti-smuggling efforts are in full force because we want to save lives. Today’s sentence is another step toward that goal.”
DEFENDANTS Case Number 17CR4227-CAB
Juan Alejandro Castro-Reza Age: 45 San Felipe, B.C., Mexico
Javier Guadalupe Lerma-Enriquez Age: 23 Los Mochis, Sinaloa, Mexico
SUMMARY OF SENTENCES
DEFENDANTS SENTENCE
Juan Alejandro Castro-Reza 24 months of custody, 3 years of supervised release, no fine, and a special assessment of $100.00
Javier Guadalupe Lerma-Enriquez 12 months and one day of custody, 3 years of supervised release, no fine, and a special assessment of $100.00
SUMMARY OF CHARGES
Bringing in Undocumented Aliens and Aiding and Abetting – Title 8, U.S.C., Section 1324(a)(1)(A)(i) and (v)(II).
Maximum penalty: 10 years’ imprisonment and $250,000 fine.
AGENCIES
United States Border Patrol
Oregon man sentenced for failing to register as a sex offender after moving to GeorgiaRead the Press Release
ATLANTA - Timothy Chenault has been sentenced for failing to register as a sex offender after he moved to Georgia from Oregon. Chenault was convicted in Oregon of attempt to commit rape and sexual abuse.
“Citizens have a right to know if they live or work near a registered sex offender,” said U.S. Attorney Byung J. “BJay” Pak. “This is a matter of public safety. Chenault's sentencing shows that those sex offenders who come to Georgia, but choose not to register will be held accountable for their failure to comply with the law.”
According to U.S. Attorney Pak, the charges and other information presented in court: The Sex Offender Registration and Notification Act requires people who commit certain sex crimes to register as sex offenders regardless of what state they live in or what state they move to. In June 1992, Chenault lured a 14-year-old girl to a field in Oregon where he raped her and threatened to harm her if she told anyone. He was convicted in November 1992 of attempt to commit rape and sexual abuse. His conviction required him to register as a sex offender. He did in fact register in Oregon when he was released from prison, and he continued to register through December 2013.
However, by February 13, 2015, Chenault moved to Georgia and he never informed law enforcement in Oregon that he was leaving that state, nor did he register as a sex offender while living in Georgia.
Timothy Chenault, 48, of Atlanta, Georgia was sentenced on May 21, 2018 to two years in prison to be followed by five years of supervised release. Chenault was convicted failing to register as a sex offender on February 21, 2018, after he pleaded guilty.
This case was investigated by the U.S. Marshals Service.
Assistant U.S. Attorney Paul R. Jones prosecuted the case.
This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Oregon Couple and Tennessee Accomplice Indicted on Federal Drug Trafficking ChargesRead the Press Release
Jackson, TN – On May 21, 2018, a federal grand jury returned a two-count indictment charging three defendants with conspiracy to distribute large amounts of marijuana and one defendant with illegally possessing firearms. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictments today.
According to information presented in court, on May 17, 2018, the Jackson Metro Narcotics Unit received information about manufacturing marijuana at a residence in Madison County. Law enforcement discovered an active marijuana indoor grow operation inside the residence. From the residence and a tour bus located on the property, law enforcement seized 20 pounds of marijuana and three pounds of butane hash oil, a marijuana concentrate. They also seized 11 firearms, $7,000 in U.S. currency, and a Toyota Tacoma pickup truck, along with the tour bus.
The three defendants indicted and currently in custody on federal charges are:
William Brian Cisco, 43, Jackson, Tennessee
Michael Boutin, 58, Medford, Oregon
Tawni Boutin, 56, Medford, OregonCount 1 charges William Brian Cisco, Michael Boutin and Tawni Boutin with knowingly and intentionally manufacturing, attempting to manufacture, possessing with intent to distribute and attempting to possess with the intent to distribute marijuana and marijuana concentrates.
Count 2 charges William Brian Cisco with possession of a firearm in the furtherance of a drug trafficking crime.
The defendants, Mike Boutin and wife Tawni Boutin, have previously been featured as marijuana farmers on a television show called "Weed Country." Weed Country was an American reality television series on the Discovery Channel that premiered on February 20, 2013, during Discovery Channel’s programming block titled "Weed Wednesdays." The series followed dealers, growers and patients of the marijuana trade located within the Emerald Triangle, a remote fertile area on the border of Northern California and Oregon, along with the enforcers of the law at the Siskiyou County Sheriff’s Office. The series showed the battle between cops, dealers and the growers looking to engineer some of the most powerful marijuana on earth.
U.S. Attorney D. Michael Dunavant said; "In the Controlled Substances Act, Congress has generally prohibited the cultivation, distribution, and possession of marijuana. It has established significant penalties for these crimes which reflect Congress’s determination that marijuana is a dangerous drug and that marijuana activity is a serious crime. Here in the Western District of Tennessee, we are not ‘weed country,’ and this office will enforce the rule of law by prosecuting marijuana cultivation, distribution, and possession aggressively, consistently, and unapologetically."
Madison County Sheriff John Mehr said: "I commend the Jackson Metro Narcotics Unit for their hard work in this case and appreciate U.S. Attorney D. Michael Dunavant for the Western District of Tennessee for prosecuting this case. Especially, since this was a seizure of high grade marijuana brought into our county from out of state."
If convicted, the defendants face maximum sentences of up to 10 years imprisonment for the drug trafficking charge and up to 25 years imprisonment for the possession of firearm charge and $250,000 fine.
The charges and allegations contained in the indictment are merely accusations, and the defendants are considered innocent unless and until proven guilty.
The Jackson-Madison County Metro Narcotics Unit investigated this case.
Assistant U.S. Attorney Matt Wilson is prosecuting this case on the government’s behalf.
Orange County Man Sentenced to Federal Prison for Second Conviction of Illegally Importing Protected Asian SongbirdsRead the Press Release
LOS ANGELES – A local man has been sentenced to 18 months in federal prison for conspiring to unlawfully import Asian songbirds from Vietnam to the United States.
Sony Dong, 56, of Westminster, was sentenced Monday morning by United States District Judge S. James Otero, who immediately remanded Dong into custody.
In handing down the sentence, Judge Otero noted the “deplorable” conditions under which the birds were smuggled, and further noted that if birds died while in route that was something looked upon as a cost of doing business.
Dong admitted in a plea agreement that he recruited a courier who travelled to Vietnam on several occasions and brought back Asian songbirds that were packed into one or more suitcases in a manner designed to escape detection by U.S. authorities. At the conclusion of one trip in December 2016, the courier arrived at Los Angeles International Airport, where authorities discovered 30 Asian songbirds concealed in two suitcases.
Each of the 30 birds found in the suitcases was a Chinese Hwamei, Garrulax canorus, a species of Asian songbirds protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Each of the birds was packed in a tiny wooden box that was placed under a layer of foil within each suitcase. At the time the birds were discovered at LAX, Dong was waiting at the airport to pick up the courier and receive the Asian songbirds.
Judge Otero noted that Dong previously was convicted of wildlife trafficking charges. In June 2010, Dong was sentenced to four months imprisonment after pleading guilty to causing the unlawful importation of Asian songbirds into the United States. In that case, Dong smuggled Asian songbirds into the United States by having the birds strapped to both of his legs. During Monday’s sentencing hearing, Judge Otero noted that the prior prison term apparently was insufficient to deter Dong from criminal conduct.
The sentence imposed on Dong also recognized the fact that the unlawful importation of the Asian songbirds caused a substantial risk of disease transmission. The United States Animal Plant Health Inspection Service has identified Vietnam as a region with highly pathogenic avian influenza.
This case was investigated by the U.S. Fish and Wildlife Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigation, and U.S. Customs and Border Protection. The U.S. Department of Agriculture, Sea World and the San Diego Zoo provided assistance.
This case was prosecuted by Assistant United States Attorney Dennis Mitchell of the Environmental and Community Safety Crimes Section.
Navajo Man Sentenced to Prison for Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Zachary Wilson, 28, an enrolled member of the Navajo Nation who resides in Dulce, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 36 months in prison followed by five years of supervised release for his conviction on sexual abuse charges. Wilson also will be required to register as a sex offender.
Wilson was arrested on May 1, 2017, on a two-count indictment charging him with sexual abuse and abusive sexual contact on July 30, 2016, on the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.
On Jan. 9, 2018, Wilson pled guilty to two counts of abusive sexual contact. In entering the guilty plea, Wilson admitted that on July 30, 2016, he engaged in two acts of sexual contact with a Jicarilla Apache female who had not reached the age of majority. Wilson also admitted providing alcohol to the minor victim who became so intoxicated that she was incapable of declining to participate in or communicate the unwillingness to engage in a sexual act.
This case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department. The case was prosecuted by Assistant U.S. Attorney Elisa Dimas pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was driven largely by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Nantucket Hospital Settles Allegations of Improper Recordkeeping and Handling of Controlled SubstancesRead the Press Release
BOSTON – The U.S. Attorney’s Office reached a $50,000 civil settlement today with Nantucket Cottage Hospital (NCH) in connection with the improper recordkeeping of Schedule II controlled substances by its pharmacy and the failure to maintain effective controls against diversion.
“Under the law, hospitals like NCH have a special responsibility to ensure that controlled substances are used for patient care and are not diverted for non-medical uses,” said United States Attorney Andrew E. Lelling. “Diversion of these drugs feeds addiction and fuels the opioid epidemic that has had devastating effects throughout Massachusetts, including in island communities like Nantucket.”
“DEA registrants are responsible to handle controlled substances and ensure that complete and accurate records are being properly kept and accounted for in compliance with the Controlled Substance Act,” said DEA Acting Special Agent in Charge Albert Angelucci. “Failure to do so increases the potential for diversion and jeopardizes public health and public safety. DEA pledges to work with our law enforcement and regulatory partners to ensure these rules and regulations are followed.”
NCH is a member of Partners HealthCare and an affiliate of Massachusetts General Hospital. According to the settlement, the government’s investigation revealed that NCH failed to account for several controlled substances, improperly placed prescription drugs in an unlocked pharmacy refrigerator, and stored keys for the expired-medications cabinet in an unlocked pharmacy drawer. NCH also failed to maintain invoices and other records required by law, and failed to report the loss of controlled substances in a timely manner.
NCH and Partners cooperated with the DEA’s investigation and implemented new recordkeeping and security measures. NCH and Partners also agreed to permit the DEA to perform inspections of the pharmacy without a warrant, and to register NCH as a drug collection site that will handle the disposal of drugs for NCH patients and Nantucket residents.
United States Attorney Lelling and DEA Acting SAC Angelucci made the announcement today. Assistant U.S. Attorney Jason C. Weida of Lelling’s Civil Division handled the matter.
Mexican National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Mexican national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Erasmo Aguirre Gomez, 28, was sentenced by U.S. District Court Judge George A. O’Toole Jr. to time-served and one year of supervised release. Gomez will be subject to deportation proceedings. On May 15, 2018, Aguirre Gomez pleaded guilty to one count of illegal reentry of a deported alien.
On Jan. 11, 2017, law enforcement in Boston encountered Aguirre Gomez and determined him to be illegally present in the United States. Aguirre Gomez had previously been deported to Mexico on Dec. 20, 2010.
United States Attorney Andrew E. Lelling and Thomas P. Brophy, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorneys Kenneth G. Shine and Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.
Mexican National Arrested for Allegedly Creating and Selling Fraudulent Immigration Documents, Social Security CardsRead the Press Release
PROVIDENCE, RI – A Mexican national who has an application for lawful permanent resident status pending with immigration authorities was arrested in Providence and ordered detained in federal custody today for allegedly creating and selling fraudulent immigration and social security documents using stolen personal identifying information.
Eufemio Aguilar, 50, of Providence, was ordered detained following his initial appearance in U.S. District Court before U.S. District Court Magistrate Judge Patricia A. Sullivan on a criminal complaint charging him with immigration document fraud and aggravated identity theft.
According to court documents and information presented to the Court, it is alleged that since at least August 2017, Aguilar has been creating and selling fraudulent federal government documents, such as fraudulent lawful resident cards and social security cards, at times using stolen personal identifying information such as actual social security numbers. It is alleged that he created and sold the documents from his Providence residence.
According to court documents, based on information developed by investigators, on at least three occasions Homeland Security Investigations Immigration and Customs Enforcement (HSI ICE) agents and Providence Police detectives arranged for the creation and delivery of fraudulent immigration documents and/or social security cards from Aguilar for $100 dollars each.
Earlier today, HSI ICE agents and Providence Police, with the assistance of Central Falls and Warwick Police, executed a federal court-authorized search warrant at Aguilar’s residence and seized, among other items, five laptop computers, two document producing machines and supplies used in the manufacture of government documents, several fraudulent government documents, and $27,000 in cash.
Aguilar’s arrest and detention are announced by United States Attorney Stephen G. Dambruch, Homeland Security Investigations Special Agent in Charge Peter C. Fitzhugh, Providence Police Chief Colonel Hugh T. Clements, Jr., Central Falls Police Chief Colonel James J. Mendonca and Warwick Police Chief Colonel Stephen M. McCartney.
The case is being prosecuted by Assistant U.S. Attorneys Richard W. Rose and John P. McAdams.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
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Mexican Man Charged for Reentering the United StatesRead the Press Release
The United States Attorney for the District of Vermont and the Swanton Sector Office of the United States Border Patrol announce that Zein Diaz-Ventura, 27, a citizen of Mexico, was arraigned yesterday in U.S. District Court on an indictment charging him with reentering the United States after having previously been removed from the country. U.S. Magistrate Judge John Conroy ordered the defendant detained pending trial.
According to court records, Diaz-Ventura was the passenger in a vehicle with license plates “not on file” traveling on State Route 105 in Richford, Vermont in the evening on May 11, 2018. U.S. Border Patrol pulled over the vehicle and subsequently determined that Diaz-Ventura has two prior 2012 misdemeanor convictions for illegal entry into the United States and has been removed from the United States on three occasions. In addition, Diaz-Ventura was convicted of misdemeanor battery (domestic violence) in Florida in 2012.
The United States Attorney emphasizes that the charge against Diaz-Ventura is merely an accusation, and that the defendant is presumed innocent unless and until he is proven guilty.
If convicted, the defendant faces up to 2 years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.
The Swanton Sector Border Patrol is responsible for securing the land border between ports of entry in Vermont as well as New Hampshire and northeastern New York. The assistance of citizens is invaluable in helping the U.S. Border Patrol accomplish their border security mission and they welcome community members to help them keep our nation’s borders safe by reporting suspicious activity at 1-800-689-3362.
For more on CBP’s mission at our nation’s ports of entry with CBP officers and along U.S. borders with Border Patrol agents, please visit the Border Security section of the CBP website.
Diaz-Ventura is represented by the Office of the Federal Public Defender. The prosecutor is Assistant U.S. Attorney Nicole Cate.
Marshall County man sentenced for drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – Carl N. Hooker, of Moundsville, West Virginia, was sentenced today to 30 months incarceration for a drug charge, United States Attorney Bill Powell announced.
Hooker, age 56, pled guilty to one count of “Conspiracy to Distribute and to Possess with the Intent to Distribute Oxycodone” in April 2018. Hooker admitted to conspiring with others to distribute oxycodone, from 2009 to November 2017 in Marshall County.
Assistant U.S. Attorney Robert H. McWilliams, Jr. prosecuted the case on behalf of the government. The Marshall County Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.Man Pleads Guilty to Production of Child PornographyRead the Press Release
RICHMOND, Va. – A Dinwiddie County man pleaded guilty today to production of child pornography.
According to court documents, throughout 2017, Thomas Burke, 34, sexually abused two minors under 12 years of age and produced images of the abuse with his cell phone. Federal agents executed a search warrant at Burke’s Dinwiddie County residence after the images he produced were discovered by Australian law enforcement on the computers of an Australian individual who was being investigated for child pornography offenses. Burke had sent the images, as well as other child pornography, to the Australian defendant over the “Kik” application on his cell phone.
Burke pleaded guilty to production of child pornography and faces a mandatory minimum penalty of 15 years and a maximum penalty of 30 years when sentenced on August 23. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Patrick J. Lechleitner, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., made the announcement after U.S. District Judge M. Hannah Lauck accepted the plea. Special Assistant U.S. Attorney Gene Fishel is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:18-cr-19.
MS-13 Member, Known as “Animal,” Sentenced to 40 Years in Prison for RICO Conspiracy Involving MurderRead the Press Release
BOSTON – An MS-13 member was sentenced yesterday in federal court in Boston for racketeering conspiracy involving the murder of a 15-year-old boy in East Boston.
Joel Martinez, a/k/a “Animal,” 23, a Salvadoran national formerly residing in East Boston, was sentenced to 40 years in prison and two years of supervised release. Martinez will be subject to deportation upon completion of his sentence. In December 2017, Martinez pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
Martinez admitted that on Sept. 20, 2015, he murdered a 15-year-old boy on Trenton Street in East Boston. During recorded conversations between Martinez and a cooperating witness, Martinez acknowledged being a member of MS-13 and admitted that he stabbed the victim to death. Specifically, Martinez said, “I stabbed the culero three times,” and stated, “He stared at me and he asked me if I was going to, if I was going to stab him. I told him, ‘Yes, the Mara rules you.’” After the murder, Martinez was “jumped in” and made a “homeboy,” or full member of MS-13’s Eastside Loco Salvatrucha (ESLS) clique during a ceremony that was surreptitiously recorded by agents. When a prospective member is “jumped in,” members of the MS-13 clique beat the new member with their hands and feet while one of the leaders of the clique counts aloud slowly to thirteen.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.