Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
10 May 2018
Operators of Millbury Plumbing Business Allegedly Used Family Business to Cover up Marijuana Grow OperationRead the Press Release
BOSTON – The operators of a family-owned business in Millbury were indicted today in federal court in Worcester on charges that they used their business to cover up a drug conspiracy.
Thomas Laverty, 38, of Clinton; Charles Laverty, 61, of Millbury; and Andrea Laverty, 61, of Millbury, were each charged with one count of conspiracy to manufacture more than 1,000 marijuana plants and one count of conspiracy to launder money. In addition, Thomas was charged with one count and Charles with two counts of manufacturing marijuana and possession of marijuana with intent to distribute. Thomas was also charged with theft of government funds relating to his receipt of Supplemental Nutrition Assistance Program (SNAP) benefits. In October 2017, all three defendants were charged by criminal complaint and arrested.
According to court documents, Andrea, Charles, and their son, Thomas, used their business, Chuck Laverty & Son Inc., as a front for a large-scale, commercial marijuana cultivation and distribution operation. Laverty & Son vehicles, bank accounts, and locations were used to facilitate drug manufacturing, storage and distribution.
On Oct. 17, 2017, two search warrants were executed, one at the business warehouse in Clinton, which is attached to Thomas Laverty’s residence, where agents found a commercial-style marijuana grow operation, including more than 1,000 plants; and another at the residence of Charles and Andrea Laverty in Millbury, where agents found a large quantity of marijuana being dried and processed, as well as another marijuana grow operation.
On the drug charges, each defendant faces a sentence of up to life in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of $10 million (except for one charge of manufacturing and possession with intent to distribute, for which Charles faces a sentence of no greater than five years in prison, two years and up to a lifetime of supervised release, and a fine of $250,000). The charge of money laundering provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $500,000. The SNAP fraud charge provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Albert Angelucci, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Kristina O'Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
One Tax Preparer Pleads Guilty, Three Others Arraigned in Conspiracy to File False Income Tax ReturnsRead the Press Release
TRENTON, N.J. – One employee of an Essex County, New Jersey, tax preparation business pleaded guilty and three others were arraigned in federal court for their roles in a false income tax return conspiracy that caused tax losses of over $900,000, U.S. Attorney Craig Carpenito announced today.
Rudolph Sanders, 41, of Newark, New Jersey, pleaded guilty today before U.S. District Judge Michael A. Shipp in Trenton federal court to an information charging him with one count of conspiracy to defraud the IRS from February 2011 through March 2013.
Joseph Kenny Batts, 49, of Elkridge, Maryland, Angelo K. Thompson, 38, of Reistertown, Maryland, and Tony V. Russell, 47, of Stone Mountain, Georgia, were arraigned before Judge Shipp on May 9, 2018. They are each charged by indictment with one count of conspiracy to defraud the IRS from February 2013 through February 2017. In addition, Batts is charged with five counts of aiding and assisting in the preparation of false federal income tax returns, Thompson is charged with two counts of aiding and assisting in the preparation of false federal income tax returns, and Russell is charged with one count of aiding and assisting in the preparation of false federal income tax returns.
In June 2017, Damien Askew, 39, of Union, New Jersey, pleaded guilty to his role in the scheme from 2011 to 2015 and awaits sentencing. All five defendants have been released on bail.
According to documents filed in this case and statements made in court:
From 2009 through April 2015, Batts and Askew co-owned Tax Pro’s, a tax return preparation and payroll business in Essex County where Sanders, Batts, Thompson, Russell, and Askew all prepared tax returns.
In order to boost their business, the defendants conspired to falsify their clients’ income tax returns for the purpose of generating refunds in amounts that their clients were not entitled to receive. For instance, Sanders, Batts, Thompson, Russell, and Askew fabricated or inflated their clients’ education credits, child care deductions, charitable contributions, unreimbursed employee expenses, and certain business losses.
Sanders and other members of the conspiracy also permitted Batts to use their identification numbers in order to conceal Batts’ identity as the actual tax return preparer, partly due to Batts’ prior tax fraud conviction.
After law enforcement executed a search warrant at Tax Pro’s in April 2015, Batts discontinued Tax Pro’s and opened Tax Solutions and Associates in Union, New Jersey, where Batts, Thompson, and Russell continued preparing false federal income tax returns.
By inflating the tax refunds through fraudulent means, Batts, Askew, Thompson, Russell, and Sanders caused a total tax loss to the United States of over $900,000.The conspiracy charge carries a maximum potential penalty of five years in prison. The aiding and assisting in the preparation of a false return charge carries a maximum potential penalty of three years in prison. Both charges carry a $250,000 fine, or twice the gross gain or loss from the offense.
Sanders’ sentencing is scheduled for Aug. 14, 2018. The charges and allegations against Batts, Thompson, and Russell are merely accusations, and they are presumed innocent unless and until proven guilty.
U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Bryant Jackson in Newark, with the investigation.
The government is represented by Assistant U.S. Attorneys Jihee G. Suh and Cari Fais of the U.S. Attorney’s Office Special Prosecutions Division in Newark.
Defense counsel:
Sanders: Carol Gillen Esq.
Batts: Fred Klepp Esq.
Russell: Anthony Simonetti Esq.
Thompson: Scott A. Krasny Esq.
Askew: David Glassman Esq.Ohio Man Pleads Guilty in Rhode Island to Trafficking HeroinRead the Press Release
PROVIDENCE, RI – An Ohio man who traveled to Rhode Island, Massachusetts and New York City to participate in a conspiracy to traffic heroin imported from Guatemala through Mexico and into Rhode Island and elsewhere pleaded guilty in federal court in Providence today to trafficking heroin.
Michael Miller, 39, of Cincinnati, OH, pleaded guilty as charged by way of an indictment to one count each of conspiracy to distribute heroin and use of a communication device (cellphone) facilitating drug trafficking, announced United States Attorney Stephen G. Dambruch, Superintendent of the Rhode Island State Police Colonel Ann C. Assumpico and Homeland Security Investigations Special Agent in Charge Peter C. Fitzhugh.
Appearing before U.S. District Court Chief Judge William E. Smith, Miller admitted to the Court that at least from about April 2016, to May 23, 2016, he was in regular telephone communication with a Massachusetts woman, Olga Lidia Sandoval, and others, to arrange for the purchase of significant quantities of heroin from suppliers in Guatemala for the purpose of distributing it. Miller admitted to the Court that he travelled to Rhode Island, Massachusetts and New York City to meet with members of the conspiracy, and to take possession of and make payment for significant quantities of heroin. Miller admitted that on at least one occasion he provided an individual in New York City $50,000 in cash for the purpose of transferring the money to heroin suppliers in Guatemala as payment for a kilogram of heroin.
According to information presented to the Court, Miller’s drug trafficking activities came to the attention of law enforcement during extensive investigations into Sandoval’s and others’ drug trafficking activities. The investigations, which began in November 2015, included the use of electronic surveillance and the interception of telephone communications.
Olga Sandoval and a co-conspirator, Jose Luis Amparo Nova, 33, of North Providence, R.I., were indicted by a federal grand jury on June 16, 2016. Sandoval pleaded guilty on May 1, 2017, and Nova pleaded guilty on January 26, 2017, to conspiracy to possess with the intent to distribute more than one kilogram of heroin and possession with the intent to distribute more than one kilogram of heroin. Sandoval was sentenced on June 29, 2107, to 84 months in federal prison. Nova was sentenced on July 18, 2017, to 48 months in federal prison.
Miller, who has been detained since being taken into federal custody in Cincinnati, OH, in July 2017, is scheduled to be sentenced on August 22, 2018.
The case is being prosecuted by Assistant U.S. Attorney Ronald R. Gendron.
The cases were investigated by the Rhode Island State Police High Intensity Drug Trafficking Area Task Force and Homeland Security Investigations.
###
Ohio Hospital Operator Agrees to Pay United States $14.25 Million to Settle Alleged False Claims Act Violations Arising from Improper Payments to PhysiciansRead the Press Release
WASHINGTON – Mercy Health, a nonprofit organization based in Cincinnati that operates healthcare facilities in Ohio and Kentucky, has agreed to pay the United States $14,250,000 to settle allegations that it violated the False Claims Act by engaging in improper financial relationships with referring physicians, the Justice Department announced today.
The settlement announced today resolved allegations that Mercy Health provided compensation to six employed physicians – one oncologist and five internal medicine physicians – that exceeded the fair market value of their services. Federal law restricts the financial relationships that hospitals may have with doctors who refer patients to them. These issues were self-disclosed to the government by Mercy Health.
“When physicians are rewarded financially for referring patients to hospitals or other health care providers, it can affect their medical judgment, resulting in overutilization of services and higher health care costs,” said Acting Assistant Attorney Chad A. Readler, head of the Justice Department’s Civil Division. “In addition to yielding a recovery for taxpayers, this settlement should deter similar conduct in the future and help make health care more affordable.”
“Hospitals should employ their physicians at a compensation level that is consistent with fair market value for the area of practice, and should not attempt to incentivize physicians to refer patients based on anything other than the best clinical interests of the patient,” said First Assistant United States Attorney Vipal Patel for the Southern District of Ohio.
The case was handled by the Justice Department’s Civil Division, the United States Attorney’s Office for the Southern District of Ohio, the Office of Inspector General of the Department of Health and Human Services, and the Centers for Medicare and Medicaid Services. The claims settled by this agreement are allegations only, and there has been no determination of liability.
Norwalk Man Sentenced to 41 Months in Federal Prison for Trafficking Cocaine and Illegally Possessing GunsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that STEPHEN MAZZO, 34, of Norwalk, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 41 months of imprisonment, followed by three years of supervised release, for trafficking cocaine and illegally possessing firearms. Judge Bryant also ordered MAZZO to pay a $5,000 fine.
According to court documents and statements made in court, the DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force received information that MAZZO was trafficking cocaine in the Stamford area. On May 31, 2017, investigators conducting surveillance on MAZZO observed him exit a Norwalk hotel carrying a plastic shopping bag that he had not been carrying when he had entered the hotel. Law enforcement stopped MAZZO’s vehicle a short time later on Route 15 south in Stamford. A search of the vehicle and the plastic shopping bag revealed more than 400 grams of cocaine. MAZZO was arrested on state charges at that time.
Investigators returned to the hotel and determined that MAZZO had met with Dominick Pacifico, who had been residing at the hotel for several weeks. A search of Pacifico’s hotel room revealed items used to package drugs for distribution, and a search of Pacifico’s vehicle revealed approximately 959 grams of cocaine separated in multiple packages for distribution, and $34,525 in cash.
A search of MAZZO’s residence revealed a semi-automatic pistol, a multi-caliber rifle, a 12-gauge shotgun, and shotgun shells. As a result of his previous state convictions for felony drug offenses, MAZZO is prohibited from possessing firearms and ammunition.
On February 15, 2018, MAZZO pleaded guilty to one count of possession with intent to distribute cocaine, and one count of possession of firearms and ammunition by a convicted felon.
MAZZO, who is released on a $200,000 bond, was ordered to report to prison on June 21.
On December 7, 2017, Pacifico pleaded guilty to one count of possession with intent to distribute, and distribution of, 500 grams or more of cocaine. On March 9, 2018, he was sentenced to 60 months of imprisonment.
The DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force includes members of the DEA, Connecticut State Police and the Norwalk, Stamford, Stratford and Milford Police Departments.
This case was prosecuted Assistant U.S. Attorney Joseph Vizcarrondo.
New Orleans Man Indicted for Possession of Child PornographyRead the Press Release
CHARLES F. HALL (“HALL”), age 60, of New Orleans, Louisiana, was indicted today for possession of child pornography, announced United States Attorney Duane A. Evans.
The case against HALL began on April 12, 2018, when HALL entered the Social Security Administration’s (“SSA”) offices located on the fifth floor of 400 Poydras Street, in New Orleans, Louisiana. The SSA offices are leased by the General Services Administration (“GSA”) and are within the jurisdiction of the Federal Protective Service (“FPS”), a department of the U.S. Department of Homeland Security. The SSA office employs an administrative security screening process for all visitors whereby Paragon Systems Incorporated Protective Security Officers (“PSO”) conduct a search for weapons and explosives. As part of this screening process, HALL was instructed to take all metal items out of his pockets prior to passing through the magnetometer. When HALL produced a cellular phone from his pocket, the PSOs asked HALL to silence his cellular phone while he was in the office. When HALL accessed his cellular phone to silence it, the screen lit up and displayed an image depicting the sexual victimization of a prepubescent child. HALL was taken into custody by officers with the FPS, Louisiana Bureau of Investigation, and Homeland Security Investigations.
U.S. Attorney Evans reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted, HALL faces a maximum penalty of twenty (20) years imprisonment followed by up to a life term of supervised release, and a $250,000.00 fine. In addition, HALL will be required to register as a sex offender pursuant to the Sex Offender Registration and Notification Act.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
U.S. Attorney Evans praised the work of the U.S. Department of Homeland Security, Homeland Security Investigations, the Federal Protective Service, Paragon Systems Incorporated Protective Security Officers, and the Louisiana Bureau of Investigation in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba.
New Orleans Man Indicted for Possession of Child PornographyRead the Press Release
CHARLES F. HALL (“HALL”), age 60, of New Orleans, Louisiana, was indicted today for possession of child pornography, announced United States Attorney Duane A. Evans.
The case against HALL began on April 12, 2018, when HALL entered the Social Security Administration’s (“SSA”) offices located on the fifth floor of 400 Poydras Street, in New Orleans, Louisiana. The SSA offices are leased by the General Services Administration (“GSA”) and are within the jurisdiction of the Federal Protective Service (“FPS”), a department of the U.S. Department of Homeland Security. The SSA office employs an administrative security screening process for all visitors whereby Paragon Systems Incorporated Protective Security Officers (“PSO”) conduct a search for weapons and explosives. As part of this screening process, HALL was instructed to take all metal items out of his pockets prior to passing through the magnetometer. When HALL produced a cellular phone from his pocket, the PSOs asked HALL to silence his cellular phone while he was in the office. When HALL accessed his cellular phone to silence it, the screen lit up and displayed an image depicting the sexual victimization of a prepubescent child. HALL was taken into custody by officers with the FPS, Louisiana Bureau of Investigation, and Homeland Security Investigations.
U.S. Attorney Evans reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted, HALL faces a maximum penalty of twenty (20) years imprisonment followed by up to a life term of supervised release, and a $250,000.00 fine. In addition, HALL will be required to register as a sex offender pursuant to the Sex Offender Registration and Notification Act.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
U.S. Attorney Evans praised the work of the U.S. Department of Homeland Security, Homeland Security Investigations, the Federal Protective Service, Paragon Systems Incorporated Protective Security Officers, and the Louisiana Bureau of Investigation in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba.
Navajo Woman Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Shannon Allen, 32, an enrolled member of the Navajo Nation who resides in Mariano Lake, N.M., pled guilty today in federal court in Albuquerque, N.M., to an involuntary manslaughter charge. Allen’s plea agreement recommends a 34-month prison sentence followed by a term of supervised release to be determined by the court.
Allen was arrested in Oct. 2017, on a criminal complaint charging her with killing a man on Sept. 23, 2017, on the Navajo Indian Reservation in McKinley County, N.M. According to the complaint, Allen killed the victim when she lost controlled of her vehicle and rolled her vehicle over. At the time, Allen was driving under the influence of alcohol.
Allen subsequently was indicted on Oct. 24, 2017, and was charged with involuntary manslaughter. During today’s proceedings, Allen pled guilty to the indictment and admitted killing the victim while driving recklessly and under the influence of alcohol. Allen acknowledged that the alcohol rendered her incapable of exercising clear judgment and a steady hand in operating the vehicle. A sentencing hearing has yet to be scheduled.
This case was investigated by the Navajo Nation Department of Public Safety and Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting the case.
Nampa Man Sentenced to Prison on Federal Drug ChargeRead the Press Release
BOISE – Adamsely Mendoza Mercado, 41, of Nampa, Idaho, was sentenced today to 151 months in prison followed by ten years of supervised release for distribution of methamphetamine, U.S. Attorney Bart M. Davis announced. A federal grand jury indicted Mercado on September 14, 2017.
According to court records, law enforcement used an undercover officer to arrange the purchase of three ounces of methamphetamine from Mercado. The officer met Mercado at his residence in Nampa, Idaho. The officer provided Mercado with cash and Mercado provided the officer with three ounces of methamphetamine. The Idaho State Police Forensics Lab determined over fifty grams was pure methamphetamine.
This case was investigated by the Treasure Valley Metro Violent Crimes Task Force. The Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole.
This case was prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
# # # #
Minnesota Man Pleads Guilty to Drug TraffickingRead the Press Release
HELENA – Nathan Eli Johnson, a 34-year-old resident of Saint Paul Minnesota, entered a plea of guilty today to possession with intent to distribute 100 kilograms or more of marijuana. U.S. Senior District Judge Sam Haddon presided over the hearing.
On Saturday November 12, 2016, a Jefferson County Sheriff’s Office (JCSO) deputy made a traffic stop on Johnson’s Chevy Tahoe while traveling eastbound on Interstate I-90. The deputy had seen two vehicles traveling 95 miles per hour in an 80 mile per hour zone. The deputy was able to make a traffic stop on the Tahoe. The Tahoe was operated by Nathan Eli Johnson who held a suspended/revoked driver’s license out of Minnesota. Montana Highway Patrol (MHP) arrived to assist with the stop. During the contact with Johnson, MHP troopers could smell marijuana. Johnson told MHP that he had an eighth ounce of marijuana in his possession. Johnson gave MHP permission to search the Tahoe. When a trooper asked Johnson how much marijuana he would find, Johnson said, “I’m (expletive).” When the trooper again asked how much, Johnson said “a lot.” The trooper again confirmed consent to search and Johnson agreed.
During the search officers located 16 large duffel bags containing suspected marijuana. Each bag contained multiple pounds of marijuana. As a result of what was learned, JCSO requested assistance from the Southwest Montana Drug Task Force (SWMDTF) who helped to obtain a search warrant regarding additional items of contraband believed to be located in the Tahoe. Johnson stated that he had manufactured, processed, and transported approximately 388 pounds (approximately 175 kilograms) of marijuana which was located in the Tahoe. Johnson also stated he had been involved in the distribution, possession and manufacture of large amounts of marijuana for approximately six years. He stated he oversees the production and harvest of the marijuana in Oregon and transports and distributes the marijuana to multiple dealers in the St. Paul Minnesota area. Johnson stated during the six years he was operating as a large scale marijuana dealer he produced approximately 1,420 pounds of useable marijuana which he has sold for an approximate total of $1,704,000. This estimation appeared to investigators to be at the low end of the spectrum based upon the average street price of high grade marijuana in the St. Paul Minnesota area. Johnson further stated that upon returning to the St. Paul area, he had a group of 40 to 50 individuals he would contact for the purpose of distributing the marijuana.
Johnson’s sentencing hearing has been set for August 29, 2018 in Helena.
The case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and investigated by the Jefferson County Sheriff’s Office, Montana Highway Patrol, and the South West Montana Drug Task Force.
Middlebury Man ConvictedRead the Press Release
SOUTH BEND –Michael S. Barber, age 22, of Middlebury, Indiana was convicted, on all counts, after a 3-day jury trial before District Court Judge Robert L. Miller, Jr, announced U.S. Attorney Kirsch.
The jury convicted Barber on one count of unlawfully taking one or more firearms from a “FFL” (Federal Firearms Licensee), one count of being a felon in possession of a firearm and one count of possession of stolen firearms.
According to records in the case, in February 2017, Barber and an accomplice broke into Dutchman Hunting Supplies in LaGrange County, Indiana and stole several firearms from the business. Dutchman Hunting Supplies was a licensed firearms dealer (FFL). Barber had a prior felony conviction so he was charged with being a felon in possession of a firearm. Barber’s accomplice, Anthony S. Chipps, on December 4, 2017, pled guilty to theft of firearms from a licensed firearms dealer; Chipps has not yet been sentenced.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Mishawaka Police Department. This case was prosecuted by Assistant United States Attorney Molly E. Donnelly.
###
Medical assistant resolves false claims act allegationsRead the Press Release
ATLANTA – Robert Gennaro, a medical assistant, has agreed to be excluded from federal healthcare programs for a period of 10 years to resolve allegations that he impersonated a physician when providing remote surgical monitoring services, causing the submission of false claims to the federal government. The effect of the exclusion is federal healthcare programs will not make any payments to Gennaro, or anyone who employs him, for any services provided by Gennaro.
“Gennaro put patients at risk by impersonating a physician when remotely monitoring the neurological health of patients during surgery,” said U.S. Attorney Byung J. “BJay” Pak. “Gennaro will now be excluded from participating in all federal healthcare programs for 10 years.”
“The health and safety of the public is a high priority for law enforcement,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health & Human Services, Office of Inspector General in Atlanta. “Anyone who puts monetary gains above health and safety will be held accountable.”
“Not only did Gennaro put patients at risk, but his actions threatened the integrity of our healthcare system at the expense of honest citizens,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “The FBI is determined to protect our citizens, and root out waste and abuse.”
The government alleges that Gennaro caused the submission of false claims to Medicare, TRICARE, and Federal Employee Health Benefit Plans for the online, real- time intraoperative monitoring of surgeries he observed (even though he is not a physician) and he falsely represented the surgeries had been monitored by Dr. Robert Windsor during the period from March 1, 2009 through July 31, 2013. Dr. Windsor was sentenced to three years, two months in federal prison followed by three years of supervised release in connection with his role in the scheme. Windsor also entered into a consent judgment with the U.S. for $20 million, settling the intraoperative monitoring conduct and allegations that he and his pain management clinics performed medically unnecessary diagnostic tests.
The settlement resolves a lawsuit filed in the U.S. District Court for the Northern District of Georgia by Kris Frankenberg under the qui tam, or whistleblower, provisions of the False Claims Act. United States ex rel. Frankenberg v. Windsor et al., No. 1:12-cv-3114 (N.D. Ga.). Under the Act, private citizens can bring suit on behalf of the government for false claims and share in any recovery.
This settlement highlights a powerful tool to protect federal healthcare programs and beneficiaries and to hold accountable those who commit healthcare fraud—the exclusion authority of the U.S. Department of Health & Human Services Office of Inspector General (HHS-OIG). Section 1128 of the Social Security Act gives HHS-OIG the authority to exclude individuals and entities from participation in federal healthcare programs for fraud or other misconduct.
The claims resolved are allegations only, and there has been no determination of liability.
This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Department of Health & Human Services Office of Inspector General, the Federal Bureau of Investigation, and the Defense Criminal Investigative Service.
The civil settlement was reached by Assistant U.S. Attorney Lena Amanti.
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.
Manhattan Art Consultant Pleads Guilty to Failing to Disclose Millions in Swiss Bank AccountRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that LACY DOYLE pled guilty today in connection with her maintenance of a secret, undeclared bank account in Switzerland. DOYLE pled guilty before United States District Judge Andrew L. Carter to subscribing to a false tax return.
U.S. Attorney Geoffrey Berman said: “Lacy Doyle has admitted going to great lengths to hide millions of dollars in assets from the IRS in an overseas bank account. Today’s guilty plea demonstrates that those who engage in elaborate and dishonest schemes to avoid paying their fair share of taxes will be caught and held responsible for their actions.”
As alleged in the Indictment and other documents filed in the case, DOYLE, assisted by others – including Beda Singenberger, a Swiss citizen who ran a financial advisory firm – established and maintained undeclared bank accounts in Switzerland and hid those accounts from the IRS. DOYLE used a sham entity to conceal from the IRS her ownership of some of the undeclared accounts and deliberately failed to report to the IRS the accounts and the income generated in the accounts.
In 2003, DOYLE’s father died, and DOYLE was appointed the executor of her father’s estate. At that time, DOYLE and her father jointly held an account at Credit Suisse with a value of approximately $3,700,000. DOYLE then made court filings falsely stating under penalty of perjury that the total value of her father’s estate was under $1 million when, in truth and fact, it was more than four times that amount. Doyle initially held the secret inheritance from her father in an account at Credit Suisse under her own name.
Thereafter, in 2006, DOYLE, with Singenberger’s assistance, opened an undeclared Swiss bank account for the purpose of depositing the secret inheritance from her father. The account was opened in the name of a sham foundation formed under the laws of Lichtenstein to conceal DOYLE’s ownership. As of May 15, 2007, the account held assets valued at approximately $5,056,548.
In 2010, the sham foundation controlled by DOYLE was re-domiciled from Lichtenstein to Panama. As of December 31, 2016, the sham foundation maintained assets of at least approximately $3,028,562.
Singenberger was charged on July 21, 2011, with conspiring with U.S. taxpayers and others to defraud the United States, evade U.S. income taxes, and file false U.S. tax returns. He remains at large.
* * *
DOYLE, 61, who resides in Manhattan, faces a maximum term of three years in prison, and will be sentenced before Judge Carter. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the IRS and also thanked the U.S. Department of Justice’s Tax Division for their assistance.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Katherine C. Reilly and Jared Lenow are in charge of the prosecution.
Man from Texas Charged with Taking Kansas Teenager Across State Lines for SexRead the Press Release
WICHITA, KAN. – A man from Texas was charged in federal court here today with taking a Hutchinson, Kan., girl across state lines for sex, U.S. Attorney Stephen McAllister said.
Juan Carlos Carmona, 36, Houston, Texas, is charged with one count of traveling from Texas to Kansas to have sex with a minor and one count of transporting a minor from Kansas to Texas to have sex with her.
The complaint alleges the investigation began May 6 when a 15-year-old girl living in Hutchinson was reported missing. Investigators learned that in April 2018 Carmona drove from Texas to meet the girl and have sex with her. He rented a room in Hutchinson at a local hotel where he and the girl met. After returning to Texas, Carmona came back to Kansas in May, picked up the girl and drove her back to Houston, where the two had sex.
If convicted, Carmona faces up to 30 years in federal prison and a fine up to $250,000 on the first count and not less than 10 years and a fine up to $250,000 on the second count. The FBI investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
Major Twin Cities Drug Trafficker Sentenced to 25 Years in PrisonRead the Press Release
United States Attorney Gregory G. Brooker today announced the sentencing of ALEJANDRO LLAMAS-DELGADO, 24, to 25 years in prison for methamphetamine and cocaine trafficking-related offenses. On December 20, 2017, LLAMAS-DELGADO and his two coconspirators, GREGORIO RAMIREZ-MALDONADO, 28, and ERICK PARRA-SALAZAR, 24, were found guilty by a federal jury of conspiracy to distribute controlled substances, and possession with intent to distribute cocaine. RAMIREZ-MALDONADO was sentenced on April 30, 2018, to 63 months in prison; PARRA-SALAZAR is scheduled to be sentenced in U.S. District Court on May 11, 2018. In July 2017, codefendant COLIN BLAIR MCAFEE, 47, pleaded guilty to one count of possession with intent to distribute cocaine and was sentenced to 37 months in prison.
Assistant United States Attorney Thomas M. Hollenhorst stated, “Llamas-Delgado’s arrest and conviction played a significant role in disrupting a major drug trafficking organization responsible for the distribution of hundreds of pounds of cocaine and methamphetamine in the State of Minnesota over a three-year period. The 25 year prison sentence imposed by the Court is a just consequence of this defendant’s crimes.”
As proven at trial, from 2014 through May 2017, LLAMAS-DELGADO led and operated a drug trafficking organization responsible for transporting and distributing methamphetamine and cocaine from Texas and California into Minnesota. RAMIREZ-MALDONADO and PARRA-SALAZAR assisted LLAMAS-DELGADO by transporting approximately two kilograms of cocaine from Texas to the Twin Cities.
As proven at trial, in June 2014, law enforcement agents in California seized approximately 17 pounds of cocaine and 25 pounds of methamphetamine concealed in hidden compartments under the front seats of a 2005 Mini-Cooper that had been loaded onto a vehicle transport carrier destined for LLAMAS-DELGADO in the Twin Cities area. During the spring of 2017, law enforcement agents in the Twin Cities area conducted surveillance of LLAMAS-DELGADO and his coconspirators that revealed multiple residences linked to the conspiracy’s drug trafficking activities. On May 15, 2017, law enforcement agents conducted simultaneous searches of several residences, resulting in the seizure of more than $40,000 in cash, 28 pounds of marijuana, over 750 grams of cocaine, a firearm, and other drug trafficking paraphernalia.
This case was the result of an investigation by the U.S. Drug Enforcement Administration, Orono Police Department, Riverside County Sheriff’s Office (California), Albertville Police Department, Brooklyn Center Police Department, Wright County Sheriff’s Office, Hennepin County Sheriff’s Office, the Minnesota State Patrol, and the California Highway Patrol.
Assistant U.S. Attorneys Thomas M. Hollenhorst and Sarah E. Hudleston prosecuted this case.
Defendant Information:
ALEJANDRO LLAMAS-DELGADO, 24
Brooklyn Center, Minn.
Convicted:
- Conspiracy to distribute methamphetamine and cocaine, 1 count
- Possession with intent to distribute cocaine, 1 count
Sentenced:
- 300 months in prison
- Five years of supervised release
GREGORIO RAMIREZ-MALDONADO, 28
Houston, Texas
Convicted:
- Conspiracy to distribute cocaine, 1 count
- Possession with intent to distribute cocaine, 1 count
Sentenced:
- 63 months in prison
- Four years of supervised release
ERICK PARRA-SALAZAR, 24
Houston, Texas
Convicted:
- Conspiracy to distribute cocaine, 1 count
- Possession with intent to distribute cocaine, 1 count
COLIN BLAIR MCAFEE, 47
Brooklyn Park, Minn.
Convicted:
- Possession with intent to distribute cocaine, 1 count
Sentenced:
- 37 months in prison
- Three years of supervised release
###
Additional news available on our website.
Follow us on Twitter and Facebook.
United States Attorney’s Office, District of Minnesota: (612) 664-5600
Louisville Man Pleads Guilty to Attempted Distribution of Obscene Material to A MinorRead the Press Release
LOUISVILLE, Ky. – A Louisville man pled guilty to violating federal child exploitation laws earlier today in United States District Court, announced United States Attorney Russell M. Coleman. Scott Louis Craven, 36, admitted to online communications with a person he believed to be a 15-year-old girl. During those communications, he sent obscene materials to what he believed to be the youth.
“One of the fundamental duties of government is to protect the most vulnerable among us” stated U.S. Attorney Russell Coleman. “The Department of Justice will continue to work alongside our law enforcement partners to vigorously prosecute those that target our children for their own foul gratification.”
According to the plea agreement and other court records, during April 2017, an investigator with the Kentucky Attorney General’s Office – Department of Criminal Investigations conducted an online undercover investigation. During that investigation, the investigator (in his undercover capacity), was contacted by Craven while both were using the social media platform KIK. The investigator identified himself as a 15-year-old girl from Louisville. During the online conversations, particularly on April 28, 2017, Craven sent the undercover nude images of himself as along with sexually graphic videos.
Craven will be sentenced on August 13, 2018, at 11:00 a.m. before United States District Judge Claria Horn Boom. Craven faces a maximum potential sentence of 10 years in prison, a $250,000.00 fine and at least five years of Supervised Release. There is no parole in the federal system. Craven remains in the custody of the United States Marshals Service.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Kentucky Office of Attorney General’s Department of Criminal Investigations conducted the investigation with assistance from the Louisville Metro Police Department and the United States Secret Service.
***
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
***
Louisiana Man Charged with Attempted Bank RobberyRead the Press Release
U.S. Attorney Duane A. Evans announced that MICHAEL COLLIER, age 56, of New Orleans, was indicted today by a federal grand jury for attempted bank robbery.
According to the indictment, on April 25, 2018, COLLIER attempted to rob the Capital One Bank located at 2700 South Claiborne Avenue, New Orleans, LA.
If convicted, COLLIER faces a sentence of up to twenty years in prison, a fine of up to $250,000, and up to three years supervised release.
U.S. Attorney Evans reiterated that an Indictment is merely a charging document and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant U.S. Attorney Gregory Kennedy is in charge of the prosecution.
Lockport Man Pleads Guilty for His Role in Narcotics ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Thompson, 68, of Lockport, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and to distribute, 40 grams or more of a mixture or substance containing fentanyl. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.
Assistant U.S. Attorneys Meghan A. Tokash and Michael P. Felicetta, who are handling the case, stated that between June 2013 and September 2015, the defendant conspired with others to distribute fentanyl, heroin, and cocaine.
On February 13, 2015, the Niagara County Drug Task Force conducted a controlled buy at Thompson’s residence on Elmwood Avenue. The drug sold by the defendant tested positive for fentanyl. On March 4, 2015, the task force conducted a second controlled buy at Thompson’s residence. The drug sold by the defendant during the second buy tested positive for heroin.
On March 10, 2015, a New York State search warrant was executed at Thompson’s residence. Law enforcement officers recovered approximately 88 grams of fentanyl, 60 grams of heroin, and 17 grams of crack cocaine. A digital scale, baggies, and $1,955.00 in cash were also seized.
During the course of the conspiracy, the defendant distributed various types of drugs to as many as 10 customers daily.
Thompson was one of 17 defendants indicted in August of 2016 for his role in a drug trafficking organization that utilized contacts and sources of supply from Mexico, California, and elsewhere. The organization trafficked thousands of kilograms of illegal narcotics, including heroin, fentanyl, and cocaine throughout the United States, including Lockport, Niagara Falls, and Buffalo. He is the third defendant to be convicted.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office.
Sentencing is scheduled for September 7, 2018, at 9:30 a.m. before Judge Vilardo.
Lock Haven Man Indicted for Production of Child Pornography and Enticing Minors to Engage in ProstitutionRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Scott Grenninger, age 36, of Lock Haven, Pennsylvania, was indicted today on one count of possession of child pornography, two counts of production of child pornography, two counts of the attempted enticement of minors to engage in prostitution, and one count of transmitting obscene materials to a minor.
According to United States Attorney David J. Freed, the indictment alleges that on various dates in 2017, Grenninger produced child pornography in Lock Haven with a female under the age of 12 and also used a computer to compile videos of himself and minor children appearing by web-cam over the internet. Grenninger is also alleged on two occasions to have used chat-rooms on the internet to attempt to offer money to girls under the age of 12 in exchange for sex and in connection with one of these attempts sent obscene materials over the internet.
The case was investigated by the Pennsylvania State Police and the Federal Bureau of Investigation with assistance from the Clinton County District Attorney’s Office. Assistant United States Attorney Geoffrey W. MacArthur is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Grenninger faces a mandatory minimum sentence of 15 years in prison and a potential 30-year maximum sentence for the production of child pornography charge, up to 10 years in prison for the enticement counts, and up to 10 years’ imprisonment each for the transmission of obscene materials to a minor and possession of child pornography. The maximum possible fine for these offenses is $1,500,000. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Leader of Guatemalan Drug Trafficking Organization Sentenced to Life in PrisonRead the Press Release
Earlier today, a Guatemalan national was sentenced to life in prison following a March 2016 trial that resulted in a conviction for his participation in an international drug trafficking conspiracy. He was responsible for the distribution of multi-ton quantities of cocaine for illegal importation into the United States.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and Special Agent in Charge Raymond Donovan of the U.S. Drug Enforcement Administration (DEA) Special Operations Division made the announcement.
Waldemar Lorenzana-Cordon, 53, was sentenced by U.S. District Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia.
“Waldemar Lorenzana-Cordon was a drug kingpin whose criminal organization had close ties to the violent Sinaloa Cartel and was responsible for transporting massive amounts of cocaine to be sold on our streets,” said Acting Assistant Attorney General Cronan. “Lorenzana-Cordon’s life sentence sends a powerful message to leaders of drug trafficking organizations that, if they send their poison to our country, the United States and our international partners will work tirelessly to bring them to justice, no matter where in the world they may reside. I thank the dedicated prosecutors of the Criminal Division’s Narcotic and Dangerous Drug Section and law enforcement officers with the Drug Enforcement Administration’s Bilateral Investigations Group for their outstanding work on this important case.”
“One of the world’s most influential drug traffickers now faces American justice and DEA is pleased he will never be in business again,” said DEA Special Agent in Charge Donovan. “Lorenzana-Cordon imported huge amounts of cocaine to the United States for over a decade, helping fuel our nation’s drug epidemic. He conspired with some of the most brutal and destructive drug networks in history, facilitating and coordinating huge shipments for the Sinaloa Cartel, among others. DEA’s work will always focus on these types of investigations: attacking the most powerful, influential global criminal networks and their many facilitators and associates.”
The defendant was convicted on one count of conspiring to unlawfully distribute cocaine for illegal importation into the United States. As proven at trial, the defendant along with his brother, co-defendant Eliu Lorenzana-Cordon, led an international drug trafficking organization with close ties to the Sinaloa Cartel. Between 1996 and 2009, the defendant and his co-conspirators received, stored, and distributed multi-ton quantities of cocaine from Colombia at their properties in Zacapa, Guatemala, for importation into Mexico and then ultimately into the United States. In February, Eliu Lorenzana-Cordon was sentenced to life in prison following a March 2016 trial resulting in a conviction.
On April 27, 2010, the Department of Treasury’s Office of Foreign Asset Control designated the defendant and his brother, Eliu Lorenzana-Cordon, as Specially Designated Narcotics Traffickers pursuant to the Foreign Narcotics Kingpin Designation Act due to their significant roles in international narcotics trafficking and their ties to the Sinaloa Cartel.
The DEA’s Special Operations Division’s Bilateral Investigations Unit and Guatemala City Country Office led the investigation, which was supported by the Organized Crime Drug Enforcement Task Force program, the Criminal Division’s Office of International Affairs, the Chicago Police Department and the governments of El Salvador and Panama provided support and assistance. Finally, and in particular, the Justice Department wishes to convey its gratitude to the government of Guatemala for its steadfast commitment, collaboration and assistance in the investigation, extradition, and prosecution of this case.
Assistant Deputy Chief Michael Lang and Trial Attorney Emily Cohen of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case.
Lawrence Woman Pleads Guilty to Drug Distribution ChargeRead the Press Release
CONCORD – Helen Pamela Flores Feliz, 28, a citizen of the Dominican Republic most recently residing in Lawrence, Massachusetts, pleaded guilty today in federal court to distribution of fentanyl, announced United States Attorney Scott W. Murray.
According to court documents and statements made in court, the defendant sold fentanyl to a coopering individual in Nashua, New Hampshire, on various occasions from May of 2017 to February of 2018. When the defendant was arrested, she attempted to assume a false identity and possessed a fraudulent birth certificate, driver’s license, and United States passport.
A sentencing hearing has been scheduled for August 20, 2018.
“Opioids are killing hundreds of residents of New Hampshire each year,” said U.S. Attorney Murray. “We will continue to work with our law enforcement partners to target drug trafficking and violent crime. I commend the law enforcement officers for protecting the community from the dangers posed by the fentanyl in this case.”
“Today’s guilty plea sends a strong message: The Diplomatic Security Service is committed to making sure that those who commit identity theft face consequences for their criminal actions,” said William B. Gannon, Special Agent in Charge of the Boston Field Office of the U.S. Department of State's Diplomatic Security Service. “Diplomatic Security’s strong relationship with the U.S. Attorney’s Office and other law enforcement agencies continues to be essential in the pursuit of justice.”
This matter was investigated by the Drug Enforcement Administration, the Nashua Police Department, and the United States Department of State’s Diplomatic Security Service. The case is being prosecuted by Assistant U.S. Attorney Georgiana L. Konesky.
###
Laconia Man Sentenced to 39 Months in Prison for Methamphetamine TraffickingRead the Press Release
CONCORD - James Cunningham, 61, of Laconia, was sentenced in federal court to serve 39 months in prison for methamphetamine trafficking, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Cunningham, a member of the Hells Angels Motorcycle Club, sold quantities of methamphetamine on four separate occasions in 2013 to an individual who was cooperating with the FBI. Three of the drug transactions took place in Manchester and one occurred in Merrimack.
Cunningham, who pleaded guilty on January 25, 2018, will be on supervised release for three years following his release from prison. He also was ordered to pay a $1,000 fine.
“Drug trafficking crimes cause tremendous damage to our community,” said U.S. Attorney Murray. “In addition to the terrible problems of overdoses and addiction, drug trafficking often is associated with violence and can jeopardize the safety of the citizens living in the Granite State. We continue to work each day with our law enforcement partners to identify and prosecute drug traffickers so that we can decrease violence and improve the quality of life in New Hampshire.”
“Today, Mr. Cunningham, a member of the notorious Hells Angel biker gang, will begin paying the price for the irreparable harm that his drug trafficking caused within our communities,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “The FBI NH Safe Streets Gang Task Force will continue to work with our law enforcement partners to do everything we can to rid our neighborhoods of illegal narcotics and the violence that comes along with it.”
This matter was investigated by the FBI New Hampshire Safe Streets Gang Task Force, which is comprised of the FBI, the New Hampshire State Police, New Hampshire Probation and Parole, and the Police Departments of Hudson, Manchester, and Nashua. Assistance was provided by the Laconia Police Department. The case was prosecuted by Assistant U.S. Attorney Shane Kelbley.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
###
Justice Department Settles Immigration-Related Discrimination Claim Against University of California, San DiegoRead the Press Release
The Justice Department announced today that it reached a settlement agreement with the University of California, San Diego. The settlement resolves the Department’s investigation into whether the University’s Resource Management and Planning Vice Chancellor Area (RMP) discriminated against workers in violation of the Immigration and Nationality Act (INA) when verifying their continued authorization to work.
The Department’s investigation concluded that the RMP unnecessarily required certain work-authorized immigrants to re-establish their work authorization when their documents expired, based on the citizenship status of those individuals when they were hired. The antidiscrimination provision of the INA prohibits such requests for documents when based on an employee’s citizenship status or national origin.
Under the settlement, the University will pay a penalty to the United States, train its RMP human resources personnel on the requirements of the INA’s anti-discrimination provision, and be subject to departmental monitoring and reporting requirements.
“Employers must comply with anti-discrimination laws, not only when employees are first hired, but throughout their employment,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “We will work with the University to ensure that its employment eligibility reverification procedures avoid unnecessary burdens on permanently work-authorized immigrants based on citizenship status.”
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship, immigration status, and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites.
Applicants or workers who believe they were subjected to different documentary requirements based on their citizenship, immigration status, or national origin; or discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral, should contact IER’s worker hotline for assistance.
Jefferson Man Pleads Guilty to Possession of a Firearm by a Convicted FelonRead the Press Release
U.S. Attorney Duane A. Evans announced that TREVOIR JACKSON, age 38, a resident of Jefferson, Louisiana, pleaded guilty today to one count of a two-count indictment charging possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
According to court documents, on April 20, 2016, the Jefferson Parish Sheriff’s Office responded to the scene of a shooting. As officers processed the scene, they observed a blood trail ending on the side of a raised house. The officers looked under the house and saw a loaded semi-automatic handgun. DNA analysis later determined that the blood on the firearm was JACKSON’S. JACKSON faces a maximum term of imprisonment of ten years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney J. Ryan McLaren is in charge of the prosecution.
Jamaican National Pleads Guilty to Aggravated Identity TheftRead the Press Release
BOSTON – A Jamaican national pleaded guilty today in federal court in Boston to misuse of a Social Security number and aggravated identity theft.
Basil Ledgister, 41, pleaded guilty to one count of misuse of a Social Security number and one count of aggravated identity theft. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Aug. 8, 2018.
In January 2015, Ledgister falsely represented that a Social Security number belonging to another person was his in an application for a license at the Registry of Motor Vehicles. Ledgister committed aggravated identity theft by using the Social Security number of another person in committing the crime of false representation of a Social Security number.
False representation of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence, one year of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office; Scott Antolik, Special Agent in Charge of the Social Security Administration Office of Inspector General; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Assistant U.S. Attorney Rob Richardson of Lelling’s Major Crimes Unit is prosecuting the case.
Jacksonville Man Indicted for Forcible Sex TraffickingRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Richard Anthony Moffett (30, Jacksonville), also known as “Mook,” with three counts of sex trafficking by force and threats of force. If convicted, he faces a minimum mandatory penalty of 15 years, and up to life, in federal prison on each count.
According to court documents, between late 2016 and mid-2017, Moffett forcibly trafficked three victims in the commercial sex industry in Jacksonville. Moffett was identified on May 17, 2017, by officers from the Jacksonville Sheriff’s Office after one of his victims was arrested on a prostitution charge. The victim told the arresting officers that Moffett would come looking for her and that she had first met him through her husband, who had purchased drugs from him. The victim was told that she could stay with Moffett, and he provided her with food and shelter. The next day, Moffett told her that she would have to engage in sex for money if she wanted to stay.
Moffett’s victim later observed him repeatedly beat another victim for withholding money from him and for failing to promptly repost her advertisements for commercial sex. Moffett also coerced his victims, who at the time were drug users, by withholding drugs if they did not engage in enough commercial sex “dates.” Moffett threatened to kill the children of at least one of his victims if she tried to leave him. He also pointed a handgun at a third victim when he believed the woman was withholding money from him and then hit her in the back of the head with the gun.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Jacksonville Sheriff’s Office and the Federal Bureau of Investigation, with assistance from the Florida Department of Law Enforcement, and the State Attorney’s Office (Fourth Judicial Circuit). It is being prosecuted by Assistant United States Attorney Laura Cofer Taylor and Special Assistant United States Attorney Erin Wolfson.
Iowa Man Sentenced to Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced May 9, 2018, to more than 10 years in federal prison.
Rafael Martinez, 34, from Kiron, Iowa, received the prison term after a March 22, 2017, guilty plea to conspiracy to distribute methamphetamine.
At the guilty plea, Martinez admitted that beginning in or about early 2015, and continuing to at least April 2016, he conspired with others to distribute at least 1,500 grams of actual (pure) methamphetamine in the Carroll and Crawford County areas. Martinez further admitted to distributing methamphetamine to an individual cooperating with law enforcement in October 2015. Martinez relocated from California to Iowa in order to avoid contact with the Vatos Locos gang, of which he was a former member.
Martinez was sentenced in Sioux City by United States District Court Judge Leonard T. Strand. Martinez was sentenced to 126 months’ imprisonment. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system. Martinez 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 Shawn S. Wehde and investigated by the Iowa Department of Narcotics Enforcement, Carroll, Iowa Police Department, Carroll County Sheriff’s Office, Denison, Iowa Police Department, and Iowa Division of Criminalist Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-3051.
Follow us on Twitter @USAO_NDIA.
Indictment: Mexican Nationals Possessed Hundreds of False IDsRead the Press Release
KANSAS CITY, KAN. – Two Mexican nationals were indicted Wednesday on charges of possessing hundreds of false identification documents, U.S. Attorney Stephen McAllister said.
Sergio Alberto Torres Adame, 37, and Lilia Ivonne Jaquez Arratia, 35, both of Juarez, Mexico, are charged with one count of unlawful possession of identification documents.
In court documents, it is alleged the two were carrying hundreds of false documents when a Kansas Highway Patrol trooper stopped them for speeding on Highway 54 in Liberal, Kan. In the car, the trooper found:
- An envelope with 30 counterfeit Social Security cards in numerous names and 30 counterfeit birth certificates in numerous names and states including Colorado, Texas, Nevada and California.
- An envelope with 31 counterfeit birth certificates and 32 Social Security cards.
- An envelope with 30 counterfeit birth certificates and 30 Social Security cards.
- An envelope with 29 counterfeit social security cards and 29 counterfeit birth certificates.
- An envelope with 15 genuine Social Security Cards and 12 possibly counterfeit state birth certificates.
- An envelope with 100 blank counterfeit Social Security cards.
If convicted, they face up to five years in federal prison and a fine up to $250,000. The Kansas Highway Patrol and U.S. Secret Service investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
OTHER INDICTMENTS
Three Wichita men are charged with possessing firearms that were stolen from a Sedgwick County Sheriff’s Office vehicle.
Travis Keller, 38, Wichita, Kan.; Arthur Mannie, 38, Wichita, Kan., and Justin Winger, 36, Wichita, Kan., were charged with one count each of possessing stolen firearms, one count of possession of a rifle with a short barrel and two counts of possession of firearms in furtherance of drug trafficking.
According to court documents, the investigation began April 19 when a Sedgwick County Sheriff’s officer found three windows broken out of his unmarked vehicle and three firearms missing. The stolen firearms included a Remington shotgun, a Bushmaster M4 rifle and a Glock 9 mm pistol.
Investigators used surveillance footage to identify a car driven by Keller when he is alleged to have broken into the Sheriff’s vehicle. Investigators learned Keller and co-defendant Justin Winger took the stolen firearms to co-defendant Arthur Mannie for sale.
Upon conviction, the defendant faces a penalty of not less than 10 years and a fine up to $250,000. The Sedgwick County Sheriff’s Office investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
Eric Staal, 23, Wichita, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred April 28, 2018, in Butler County, Kan.
If convicted, he faces not less than 10 years and a fine up to $10 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Kimberly Rodebaugh is prosecuting.
Alejandro Esquivel, Jr., 45, a citizen of Mexico, is charged with one count of making a false statement on a passport application and one count of misrepresenting himself as a United States citizen. The crimes are alleged to have occurred Jan. 28, 2016, in Johnson County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on the passport charge and up to three years and a fine up to $250,000 on the other count. Defense Security Services investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct
Indictment Charges Hartford Man with Gun and Drug OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a grand jury in Hartford has returned a four-count superseding indictment charging RAHEEN THOMPSON, 38, of Hartford, with firearm and drug offenses.
The superseding indictment was returned on April 18, 2018. THOMPSON appeared yesterday before U.S. Magistrate Judge Sarah A. L. Merriam in New Haven and pleaded not guilty to the charges.
As alleged in the indictment and court documents, in the early morning of August 7, 2016, Hartford Police officers arrested THOMPSON after they encountered him in a parked car outside of a nightclub in possession of a loaded .380 caliber pistol and distribution quantities of marijuana and pentylone.
The indictment alleges that THOMPSON has been previously convicted in federal court of conspiracy to distribute and to possess with intent to distribute cocaine base (“crack”), and in state court of multiple felony offenses.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
The indictment charges THOMPSON with one count of possession with intent to distribute pentylone, an offense that carries a maximum term of imprisonment of 20 years; one count of possession with intent to distribute marijuana, an offense that carries a maximum term of imprisonment of five years; one count of possession of a firearm by a previously convicted felon, an offense that carries a maximum term of imprisonment of 10 years, and one count of possession of a firearm in furtherance of a drug trafficking crime, an offense that carries mandatory consecutive sentence of at least five years of imprisonment.
THOMPSON has been detained since his arrest.
U.S. Attorney Durham stressed that an indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial at which it is the government’s burden to prove guilt beyond a reasonable doubt.
This investigation is being conducted by the Federal Bureau of Investigation’s Violent Crime Task Force and the Hartford Police Department. The case is being prosecuted by Assistant U.S. Attorney Patricia Stolfi Collins.
Houston Resident Sentenced to Federal Prison for Trafficking Cocaine into Southern IllinoisRead the Press Release
Another Houston, Texas resident has been sentenced in the Southern District of Illinois to federal prison for drug trafficking. On Thursday, May 10, 2018, Victor Johnson, age 44, was sentenced to 188 months in prison and five years of supervised release for his role in a drug trafficking conspiracy that resulted in the seizure of $1.2 million dollars in cash, $72,000 in jewelry, and several kilos of cocaine. United States Attorney Donald S. Boyce announced the sentence for the Southern District of Illinois.
An indictment filed on February 18, 2016, charged that Johnson was one of the leaders of a group who connected a Houston-based drug organization with customers in the St. Louis area. Johnson and seven co-defendants were named in the indictment, which accused them of participating in a conspiracy to transport and distribute large amounts of cocaine into the Southern District of Illinois from Texas. The indictment further sought forfeiture of $1,212,934 in U.S. currency, along with jewelry appraised at $72,000 – criminal proceeds that were seized on December 2 and 3, 2015, in Creve Coeur, Missouri, and O’Fallon, Illinois.
All of the defendants previously pleaded guilty, and Johnson was the last member of the group to be sentenced. His co-defendants also received significant prison sentences – Sammy Monroe (168 months), Rodney Smith (147 months), Dana Bell (87 months), Nahum Shibeshi (48 months), Astin Allison (151 months), Terrance Miles (121 months) and Jamie Green (262 months)
– after it was determined that they were responsible for trafficking approximately 120 kilos of cocaine into Southern Illinois.
This investigation was conducted as part of the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF initiative brings federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations. The investigation was conducted by agents from the Drug Enforcement Administration. The case is being prosecuted by Assistant United States Attorney Steven D. Weinhoeft.
Herrin Resident Charged with Robbery of Marion Gas StationRead the Press Release
On May 8, 2018, Travis J. Taylor, of Herrin, Illinois, was charged by indictment with Interference with Commerce by Robbery, in violation of the Hobbs Act, United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today. The charge stems from an April 25, 2018, robbery of the Valero Gas Station in Marion, Illinois (Williamson County). On May 10, 2018, Taylor made his initial appearance in federal court. He was ordered held without bond pending trial, which is currently set for July 9, 2018.
Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
If convicted of the Hobbs Act violation, Taylor faces up to 20 years in prison.
The ongoing investigation is being conducted by the Federal Bureau of Investigation and the Marion Police Department.
Helena Man Sentenced to Federal Prison for Firearm OffenseRead the Press Release
HELENA – Elbert Flores Hernandez, Jr., a 44-year-old Helena resident, was sentenced today to 56 months in prison followed by 3 years supervised release after pleading guilty to prohibited person in possession of a firearm and ammunition on January 3, 2018. U.S. District Judge Sam E. Haddon handed down the sentence.
On January 3, 2017, law enforcement arrested Hernandez after he left a Helena area residence. After receiving consent to search the vehicle, officers found a Smith and Wesson, .40 caliber semi-automatic pistol, under the passenger seat where Hernandez was sitting. The pistol was loaded with twelve rounds of ammunition. At the time, Hernandez was a probation absconder with outstanding arrest warrants from Montana and Arizona.
The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Missouri River Drug Task Force, Montana Department of Corrections Probation and Parole and Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
Harrison County man sentenced to nearly six years for illegal firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Steven Scott Nestor, of Shinnston, West Virginia, was sentenced today to 70 months incarceration for unlawfully possessing a firearm, United States Attorney Bill Powell announced.
Nestor, age 35, pled guilty to one count of “Unlawful Possession of a Firearm” in January 2018. Nestor, having previously been convicted of a felony in Harrison County Circuit Court, admitted to possessing a 9mm caliber pistol. The crime occurred in May 2017 in Harrison County, West Virginia.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Assistant U.S. Attorney Traci M. Cook prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Gulfport Man Pleads Guilty to Possession of Firearm with Obliterated Serial NumberRead the Press Release
Gulfport, Miss – Fabeon Ah’Keem Minor, 18, of Gulfport, pled guilty today before U.S. District Judge Louis Guirola, Jr. to possessing a firearm with an obliterated serial number, announced U. S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Minor faces a maximum penalty of five years in prison, a $250,000 fine, and 3 years of supervised release. Sentencing is set for August 16, 2018, at 9:30 a.m. before U.S. District Judge Sul Ozerden in Gulfport.
The case arose during a Gulfport Police Department murder investigation when police searched a home where Minor was living. Officers found the gun with the obliterated serial number in Minor’s bedroom.
The Gulfport Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. It is being prosecuted by Assistant United States Attorney Annette Williams.
Ghanaian National Charged with Identity TheftRead the Press Release
BOSTON - A Ghanaian national was indicted by a federal grand jury with illegal possession of identification documents and aggravated identity theft.
Stephen Okyere Budu, a/k/a Yaw Okyere, 38, a citizen of Ghana residing in Worcester, was charged in an indictment with possession of five or more false identification documents and aggravated identity theft. Budu was arrested and charged by criminal complaint in March 2018.
According to court documents, on March 7, 2018, federal agents executed a search warrant at Budu’s apartment in Worcester, where they seized computers and a printer. An initial forensic review of one of the computers revealed files containing more than 180 Massachusetts driver’s licenses with various names and photographs.
During the execution of the search warrant, agents interviewed Budu, who stated that he was a citizen of Ghana, had arrived in the United States a few years earlier on a visa, that he had overstayed his visa, and was unsure of his immigration status.
The charge of illegally possessing five or more identification documents provides for a sentence of no greater than 15 years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft carries a mandatory sentence of two years in prison, which must be served consecutive to any other sentence imposed by the court. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Delany De Leon-Colon, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Worcester Police Chief Steven M. Sargent made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Wisconsin Produce Vendor Executive Sentenced to Prison for Tax EvasionRead the Press Release
A former corporate officer of a produce vendor in Johnson Creek, Wisconsin was sentenced today to 18 months in prison for tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Scott C. Blader for the Western District of Wisconsin.
According to court documents and information provided to the court, Thomas G. Paine was the Vice President and Treasurer of G.W. Paine Inc., which sold fresh fruit and other produce under the business name Tree Ripe Citrus Company. Paine was responsible for the finance and tax aspects of the business, but failed to file corporate tax returns for tax years 1997 through 2012 and concealed the business’ income from the Internal Revenue Service (IRS) by structuring cash bank deposits in amounts less than $10,000 to evade bank reporting requirements. Paine admitted to causing a tax loss between $250,000 and $550,000.
In addition to the term of imprisonment, U.S. District Court Judge James D. Peterson ordered Paine to serve two years supervised release and to pay restitution of $421,621.99.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Blader commended special agents of IRS Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Elizabeth Altman and Trial Attorney Eric C. Schmale of the Tax Division, who are prosecuted the case.
Former VA Employee Charged with Threatening an Army ChaplainRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Morgan Fallon, 37, of Buffalo, NY, was arrested and charged by criminal complaint with transmitting in interstate commerce a threat to injure the person of another. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the complaint, the defendant was employed by the United States Department of Veterans Affairs (VA) as a Veterans Claims Examiner and was responsible for reviewing education reimbursement claims submitted by veterans and members of the United States military. Fallon was terminated in May 2018, based on, among other things, his interaction with an active-duty, commissioned Captain in the United States Army assigned as a Chaplain in the State of Louisiana.
The Army Chaplain submitted a claim to the VA for reimbursement of expenses related to his religious education but in November 2017, the claim was denied by letter. The letter was unusual in tone and contained sporadic bolded and underlined text. The Army Chaplain appealed the denial and complained about the unprofessional nature of the denial letter.
In the early afternoon on May 4, 2018, the VA informed the defendant that his employment was terminated, and he was given a packet of materials which explained the grounds for his termination, including the complaint from the Army Chaplain.
Later in the afternoon on May 4, 2018, the Army Chaplain received a telephone call which lasted approximately one minute. Realizing the call was coming from a 716 area code, the Army Chaplain assumed it was likely from the Buffalo VA processing center so he answered the telephone on speaker mode. His wife and daughter were present and heard the conversation. The complaint states that Fallon was the caller and said to the Army Chaplain:
“You’re the (expletive) trying to get me fired. Don’t know who the (expletive) you think you are. You’re a (expletive). You’re a worthless piece of (expletive). You don’t understand when you filed a claim, you’re out of benefits. You (expletive) don’t get it. You are a piece of (expletive). I have all your paperwork and you are trying to get me fired. I know where you live (expletive). I have all of your information. I will (expletive) end you. I will drive down there and take care of you, you’re (expletive) stupid, you (multiple expletives).
According to the complaint, the Army Chaplain felt threatened and believed the caller wanted him dead. As a result, the Army Chaplain contacted his supervisor who directed him to contact the military police. While speaking to the military police, the Army Chaplain noticed a call coming in from the same 716 telephone number as the previous call. The military police directed that he not answer this call and let it go to voicemail.
The Army Chaplain stated the caller left a voicemail which lasted one minute and 18 seconds. In the voicemail, the caller identified himself as “Morgan Fallon” and stated, “I am the VA employee you want fired so badly.” The caller also stated that the Army Chaplain was “the most pathetic person he had ever heard of.”The defendant made an initial appearance this morning before U.S. Magistrate Judge H. Kenneth Schroder and is being detained without bail.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Resident Agent-in-Charge Jeffrey K. Stachowiak; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Former United States Congressman Sentenced to Six Months in Prison for Failing to File Federal Income Tax ReturnsRead the Press Release
CHICAGO — MELVIN REYNOLDS, a former member of the United States House of Representatives, was sentenced today to six months in federal prison for failing to file four years of federal income tax returns, with two months of credit for time served.
Reynolds, 66, was found guilty after a bench trial last year of four counts of willfully failing to file a federal income tax return. Reynolds failed to file returns for the calendar years 2009, 2010, 2011 and 2012.
U.S. District Judge Robert W. Gettleman imposed the sentence in federal court in Chicago.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Gabriel L. Grchan, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago. The government is represented by Assistant U.S. Attorneys Barry Jonas and Georgia Alexakis.
Evidence at trial showed that Reynolds received gross income in excess of the minimum amount required to file a tax return. As a result, he was required by law to file a federal income tax return, but he willfully failed to do so.
Former Registered Nurse Sentenced to Six Years’ Imprisonment for Health Care FraudRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joan Cicchiello, age 67, of Annville and Mount Carmel, Pennsylvania, was sentenced on May 9, 2018, to 72 months’ imprisonment and three years of supervised release by United States District Court Judge John E. Jones, II on Health Care Fraud related charges.
According to United States Attorney David J. Freed, Cicchiello, a licensed Certified Registered Nurse Practitioner and Registered Nurse who is certified by the Commonwealth of Pennsylvania, was indicted in October 2016, and charged with one count of Health Care Fraud, thirty-seven counts of making false statements related to health care matters, and one count of obstruction of a federal audit.
Cicchiello was the owner and operator of Twilight Beginnings, located in Mount Carmel, that provided mental health services. Cicchiello used her company to recruit individuals who were either not properly licensed or unlicensed and have them “provide” psychiatric care to patients. Despite the fact that Cicchiello knew these individuals were not trained, licensed nor authorized to provide these psychiatric related services, Cicchiello directed that they meet with elderly residents of nursing homes throughout central and northeastern Pennsylvania, as well as with adolescents seeking psychiatric care at her Mount Carmel, Pennsylvania office. These individuals, whom Cicchiello referred to as her “counselors,” included a retired chiropractor, a convicted felon whose clinical social worker license was suspended, and numerous other unqualified individuals.
Cicchiello directed these individuals provide to her with a listing of the patients they met. Cicchiello then utilized these lists to falsely bill the Medicare program as though she, a properly licensed and trained practitioner, personally provided face-to-face psychotherapy related services to the adolescent and elderly patients.
Additionally, Cicchiello created false documents representing that her “counselors” were properly trained and licensed. Cicchiello provided these false documents to the Medicare program as well as nursing homes and personal care homes throughout central and northeastern Pennsylvania. Cicchiello falsely billed the Medicare program when she claimed she was providing psychotherapy to patients in Pennsylvania when, in fact, she was vacationing in such locations as Las Vegas, Russia, Denmark, London, Iceland, Italy, Norway, Scotland and Ireland. Cicchiello directed her employees to create false psychiatric progress notes documenting care never provided by her to patients while she was traveling abroad.
Prior to rendering sentence, Judge Jones commented that the fraud was of a particularly disturbing nature and had many moving parts. Not only did she falsely bill Medicare and created false licenses for her employees, but her scheme preyed upon the elderly, the disabled and the infirm by using individuals who are unqualified to provide counseling and psychotherapy services in every way. These “services” were provided by such individuals as a licensed clinical social worker whose license was suspended based upon two prior felony drug convictions, an 80- year-old chiropractor, and a convicted Megan’s Law offender. Judge Jones also noted that Cicchiello ran her business out of an abandoned church in Mt. Carmel and organized it as a charity.
Judge Jones also ordered that Cicchiello be immediately remanded into custody, pay restitution to the Medicare program in the amount of $152,122, a $150,000 fine, and the moneys previously seized by the government, in bank accounts owned and/or controlled by her that were proceeds of her false and fraudulent billings she submitted to Medicare.
“This brazen fraud was compounded by the fact that it was perpetrated on some of our most vulnerable citizens,” said United States Attorney Freed. “The hard-working agents of HHS-OIG and the FBI should be commended for their tireless work on this investigation. The outstanding efforts of these investigators resulted in appropriate punishment for the offender, recovery of taxpayer funds and the opportunity for the victims to receive the legitimate help that they need.”
“The Medicare program exists to provide health care services to the most vulnerable members of our society-the elderly and disabled,” said Maureen R. Dixon, Special Agent in Charge of the Philadelphia Regional Office of the U.S. Department of Health and Human Services, Office of the Inspector General. “Ms. Cicchiello actions show she valued money over the health and safety of her elderly, disabled and adolescent patients. HHS- OIG Special Agents and our law enforcement partners will continue to work tirelessly to hold such individuals accountable for these types of actions.”
"It's not enough that this defendant fleeced the taxpayers in stealing money from Medicare," said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. "What's truly despicable is the manner in which she did so. Her sham mental health clinic put many vulnerable patients at risk, while she was pocketing the payments for personal gain. Proper mental health treatment can be life-changing. Sadly, so can sub-standard care."
The case was investigated by the Office of Inspector General (OIG) for the US Department of Health and Human Services, Harrisburg Field Office, and the Federal Bureau of Investigation (FBI), Williamsport Resident Agency. Assistant United States Attorneys Joseph J. Terz and Chelsea B. Schinnour prosecuted the case.
# # #
Former Owner of Plastics Recycling Company Convicted of Tax EvasionRead the Press Release
WASHINGTON – Michael Sang Han, 47, formerly of Palm Beach, Fla, was found guilty yesterday by a federal jury in the District of Columbia of two counts of tax evasion for evading paying more than $4 million in taxes in 2010 and 2011.
The announcement was made today by U.S. Attorney Jessie K. Liu, Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office, and Acting Special Agent in Charge Kelly R Jackson of the Internal Revenue Service Criminal Investigation (IRS-CI) Washington D.C. Field Office.
According to the evidence introduced at trial, Han owned and operated Envion, a company that he claimed held the patents on technology used to convert plastics into fuel oil. Han convinced two individuals to invest nearly $40 million in his company, then used more than $14 million of that money to fund a lavish personal lifestyle. In 2010 and 2011, Han purchased a Palm Beach home, paid for extravagant renovations and internal decorations, enjoyed flights on private jets, and bought multiple luxury cars, including BMWs, a Range Rover, and a Ferrari. Han also used millions of dollars of the investors’ money to replace money he had previously misappropriated from Envion. According to the government’s evidence, Han also took steps to conceal his personal use of the investors’ money from his bookeepers and tax preparers. As a result, he did not report any of the money he converted for his personal use on his 2010 and 2011 tax returns, thereby evading more than $4 million in tax liability.
The guilty verdicts were returned on May 9, 2018, following an eight-day jury trial in the U.S. District Court for the District of Columbia before the Honorable James E. Boasberg. Han faces a statutory maximum sentence of five years in prison on each count. He also faces a period of supervised release, restitution, and monetary penalties. Han is to appear before Judge Boasberg for a hearing later today to set conditions for his release pending the sentencing hearing, which is scheduled for Aug. 1, 2018.
U.S. Attorney Liu, Principal Deputy Assistant Attorney General Zuckerman, Assistant Director in Charge McNamara, and Acting Special Agent in Charge Jackson commended the work of those who investigated the case from IRS Criminal Investigation and the FBI’s Washington Field Office. They also expressed appreciation for the work of Assistant U.S. Attorneys Derrick Williams and Denise Simmonds, of the U.S. Attorney’s Office for the District of Columbia, and Tax Division Trial Attorney Sarah Ranney, who prosecuted the case, as well as Paralegal Specialist Brittany Phillips, who provided assistance during the trial.
Former Owner of Plastics Recycling Company Convicted of Tax EvasionRead the Press Release
A jury convicted a former resident of Palm Beach, Florida yesterday, after an eight day trial, of two counts of tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Jessie K. Liu for the District of Columbia.
According to the evidence introduced at trial, Michael Sang Han owned and operated Envion, a company that he claimed held the patents on technology used to convert plastics into fuel oil. Han fraudulently induced two individuals to invest in Envion, and then used the investors’ money to pay for his own personal expenses. He evaded paying income taxes on that money by filing false personal tax returns, which significantly underreported his income. In 2010 and 2011, Han directed investor money to be deposited into his personal bank account, spent it, and then lied to and gave incomplete information to his bookkeepers and tax preparers in order to hide the fact that he was using investors’ money to pay his personal expenses.
Han used over $14 million in investor funds to finance his lavish personal lifestyle and spent investor funds on personal expenditures such as private jets, real estate, high-end renovations and interior decorations, and expensive cars such as BMWs, a Range Rover, and a Ferrari. Additionally, Han used millions of dollars of investor funds to replace money he had previously misappropriated from Envion. Han’s evasion resulted in more than $4 million of tax due to the IRS.
U.S. District Judge James E. Boasberg scheduled sentencing for August 1, 2018, at 10:00 am. Han faces a statutory maximum sentence of 5 years in prison on each tax evasion count. He also faces a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Liu thanked special agents of IRS Criminal Investigation and the Federal Bureau of Investigation, who conducted the investigation, and Tax Division Trial Attorney Sarah Ranney and Assistant U.S. Attorneys Derrick Williams and Denise Simmonds, who prosecuted the case, and Paralegal Specialist Brittany Phillips for her valuable assistance during the trial.
Former New Hampshire Pharmacist Sentenced to Two Years in Prison for Drug-Related OffensesRead the Press Release
CONCORD – Thomas Kellermann, 65, of Bedford, was sentenced to 24 months in prison for tampering with a consumer product and obtaining a controlled substance by fraud, announced United States Attorney Scott W. Murray.
According to court documents and statements in court, Kellermann was employed as a pharmacist at a pharmacy in Bedford that dispensed prescription drugs to patients, including patients at hospice facilities. In 2011, Kellermann began abusing narcotic pain relief drugs. In March of 2012, Kellermann took medical leave from his position. While on medical leave in March and April 2012, Kellermann repeatedly returned to the pharmacy after business hours and on weekends and stole narcotic pain medication for his personal use. Kellermann removed the plastic top of vials containing hydromorphone and morphine, inserted syringes into the vials, and withdrew drugs from the vials. He then injected saline into the vials, placed a small amount of glue on top of the vials to reattach the plastic caps, and placed the vials back into the pharmacy’s inventory of narcotic drugs, which had been purchased to fill prescriptions for hospice patients. His conduct made it appear that the vials were unused.
The tampering was discovered when an employee of the pharmacy detected irregularities in certain vials of drugs. After the tampering was discovered, vials of both hydromorphone and morphine were analyzed by an independent laboratory and found to be substantially below their labeled strength. At the time his tampering was uncovered, 62 percent of the hydromorphone and morphine in the pharmacy’s inventory showed signs of tampering.
Kellermann pleaded guilty on January 10, 2018, to a two-count Information charging him with one count of tampering with a consumer product and one count of obtaining a controlled substance by misrepresentation, fraud, deception, or subterfuge.
Kellermann was sentenced to 24 months in prison and fined $10,000. After serving his prison sentence, he will be on supervised release for two years.
“Tampering with controlled substances by health care workers is a very serious crime,” said U.S. Attorney Murray. “This type of activity is a betrayal of the trust that patients place in the health care system. Tampering and diversion deprive patients of needed medicine and can expose patients to other substantial health risks. This sentence should serve as a warning to health care workers that this type of dangerous conduct will not be tolerated.”
“Tampering with drugs not only denies patients the drugs they need, but it may also endanger their health by exposing them to contaminated products,” said Jeffrey J. Ebersole, Special Agent in Charge, FDA Office of Criminal Investigations’ New York Field Office. “The FDA will continue to hold medical personnel accountable when they violate the trust of the patients.”
“The reckless action by this health care worker is not only a violation of the Controlled Substance Act but a betrayal of the public trust,” said DEA Acting Special Agent in Charge Albert Angelucci. “In response to the ongoing opioid epidemic DEA is committed to working with our law enforcement and regulatory partners to ensure that these rules and regulations are followed.”
The investigation was conducted by the United States Food and Drug Administration (FDA) Office of Criminal Investigations and the Drug Enforcement Administration. The case was prosecuted by Assistant United States Attorney Arnold H. Huftalen and Special Assistant United States Attorney Sarah Hawkins of the FDA’s Office of Chief Counsel.
###
Former Currency Trader Indicted for Participating in Antitrust ConspiracyRead the Press Release
A federal grand jury returned an indictment against Akshay Aiyer, a former currency trader at a major U.S. bank, for his alleged role in a conspiracy to manipulate prices in the foreign currency exchange (FX) market, the Justice Department announced today.
The one-count indictment, filed in the U.S. District Court for the Southern District of New York, charges Akshay Aiyer with conspiring to fix prices and rig bids and offers in Central and Eastern European, Middle Eastern, and African (CEEMEA) currencies, which were generally traded against the U.S. dollar and the euro.
According to the indictment, from at least as early as October 2010 through at least July 2013, Aiyer, along with other New York-based CEEMEA traders working for rival banks, participated in a conspiracy designed to suppress competition in order to increase each trader’s profits and decrease each trader’s losses. Aiyer and his co-conspirators carried out this agreement by engaging in near-daily conversations through private electronic chat rooms, telephone calls, and text messages, in which they exchanged trading positions, confidential customer information, planned pricing for customer orders, and other categories of competitively sensitive information. Aiyer and his co-conspirators then used this information to coordinate their live trading in CEEMEA currencies, including, at times, by certain traders refraining from trading against the others. Throughout the conspiracy, Aiyer and his co-conspirators took affirmative steps to conceal their anticompetitive behavior.
“As today’s indictment demonstrates, the Antitrust Division remains committed to holding individuals accountable for anticompetitive conduct that violates the integrity of global financial markets,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.
“Today’s indictment charges the defendant with illegally manipulating the foreign currency exchange market in order to boost earnings, squelch free-market competition, and then cover his tracks,” said FDIC Inspector General Jay N. Lerner. “This case represents a compelling example of coordination among law enforcement partners, and the FDIC OIG remains dedicated to investigate complex crimes which undermine the integrity of our markets and the financial services sector.”
The charge in the indictment carries a maximum penalty of 10 years in prison and a $1 million fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than $1 million.
This indictment follows the guilty pleas, on Jan. 4 and 12, 2017, of former CEEMEA traders Jason Katz and Christopher Cummins, respectively, who were charged in connection with the same conspiracy in which Aiyer is alleged to have participated. In addition, on Jan. 10, 2017, Richard Usher, Rohan Ramchandani, and Christopher Ashton—former U.K-based traders for major banks—were indicted for conspiring to fix prices and rig bids for the euro-U.S. dollar currency pair. Trial is set in that matter for October 2018.
An indictment is merely an accusation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The Department of Justice has also charged six major banks in the ongoing investigation into antitrust and fraud crimes in the FX market. On May 20, 2015, Citicorp, JPMorgan Chase & Co., Barclays PLC, and The Royal Bank of Scotland PLC pleaded guilty at the parent level and agreed to pay, collectively, more than $2.5 billion in criminal fines for their participation in an antitrust conspiracy to manipulate the price of the euro-U.S dollar currency pair. Additionally, UBS AG pleaded guilty to manipulating the London Interbank Offered Rate (LIBOR) and other benchmark interest rates, and agreed to pay a $203 million criminal penalty after breaching its December 2012 non-prosecution agreement resolving the LIBOR investigation. On January 25, 2018, BNP Paribas USA, Inc., the former employer of Jason Katz, pleaded guilty to violating the Sherman Act based on its participation in a CEEMEA-related conspiracy, and agreed to pay a $90 million fine.
This investigation is being conducted by the Antitrust Division’s New York Office with the assistance of the FDIC Office of Inspector General, and the FBI’s Washington Field Office. The Criminal Division’s Fraud Section of the Department of Justice also provided substantial assistance in this matter. Anyone with information concerning price fixing or other anticompetitive conduct in the FX market should contact the Antitrust Division’s Citizen Complaint Center at (888) 647-3258, or visit https://www.justice.gov/atr/report-violations.
Former Bank Manager Charged with Theft of $122,000Read the Press Release
SCOTT BREAUX (“BREAUX”), age 39, of Marrero, Louisiana, was charged in an Indictment today for bank theft, announced United States Attorney Duane A. Evans.
According to today’s Indictment, from about November 2016 to July 2017, while employed as a Branch Manager at ASI Federal Credit Union, BREAUX stole approximately $122,000.00. BREAUX was employed with ASI since in or about 2011, and during his tenure with ASI, BREAUX worked at the Harahan, Westwego, and uptown branches. In 2014, BREAUX was named Branch Manager of ASI’s Westwego branch. In February 2017, BREAUX was transferred to ASI’s uptown branch where he continued to work as Branch Manager until his termination in July 2017. ASI is a federally insured financial institution and its deposits are insured by the National Credit Union Association.
If convicted, BREAUX faces a sentence of up to ten (10) years imprisonment, followed by a term of supervised release of up to three (3) years, and a $250,000.00 fine.
U. S. Attorney Evans reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. The prosecution of this case is being handled by Fraud Section Chief, Assistant U. S. Attorney Brian M. Klebba.
Former Babb Resident Sentenced to Prison for StrangulationRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced today that Tyrell Belgarde, a 28-year-old former resident of Babb, was sentenced to 27 months in prison follow by two years of supervised release. U.S. District Judge Brian M. Morris presided over the hearing. Belgarde previously entered a guilty plea to strangulation in February of 2018.
In July 2016, Belgarde was drinking alcohol with friends at a friend’s home on the Blackfeet Indian Reservation. Belgarde and the victim had an argument and Belgarde became angry, calling the victim several highly offensive names before biting the victim’s arm. Belgarde then grabbed the victim by the neck with both hands, and squeezed the victim’s neck until the victim lost consciousness.
In a sentencing memorandum filed in federal court, federal prosecutors noted that Native American women experience the highest rates of domestic violence compared to all other groups in the United States and that the seriousness of Belgarde’s conduct cannot be overstated. Belgarde’s pattern of conduct showed an escalation of violent abuse when he committed another violent assault on the same victim in Missoula in April of 2017 where he beat the victim and held a loaded gun to the victim’s head.
The case was prosecuted by Assistant U.S. Attorney Jared Cobell and investigated by the Federal Bureau of Investigation, and other federal, state, and local agencies.
Federal Superseding Indictment Charges Four South Minneapolis Gang Members in Violent Drug Trafficking ConspiracyRead the Press Release
United States Attorney Gregory G. Brooker today announced a federal superseding indictment charging four members of the south Minneapolis-based 10z/20z gangs with crimes related to violent gang activity, including drug trafficking and illegal possession of firearms.[1] The four defendants named in the superseding indictment are LE’KEITH ALI DU’JUAN RAYFORD, 26, KENNETH LAMONT THOMPSON, 32, MAURICE JERRY JOHNSON, 27, and LENARDO ALEXZANDER WOODARD, 30. The superseding indictment remains sealed as to one additional individual who is charged but not yet in custody.
According to the superseding indictment, from at least April 2, 2017, through the present, the defendants maintained active membership in the 10z/20z south Minneapolis street gangs, with the purpose of making money for the gang through criminal acts, including distribution of crack cocaine, heroin, and marijuana. As part of their drug distribution schemes, the defendants and other members of the gangs possessed, carried and used firearms in order to protect their drug distribution network from rival gangs, and to protect drug distributors from being robbed of narcotics or money.
According to the indictment and documents filed in court, all four defendants were involved in a conspiracy to possess firearms in furtherance of their drug trafficking crimes and a conspiracy to distribute controlled substances. The overt acts alleged in the indictment include, among others, multiple crack cocaine and heroin sales, as well as repeated possession of illegal firearms. RAYFORD and WOODARD have prior felony offenses that make them ineligible to possess firearms.
This case was the result of an investigation conducted by the FBI Safe Streets Task Force, which is comprised of federal and local law enforcement agencies, including, but not limited to, the FBI, the Minneapolis Police Department, the Minnesota Bureau of Criminal Apprehension, and the St. Paul Police Department. The Minnesota Department of Corrections also provided assistance in this case. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to combat gun and gang crime.
Assistant U.S. Attorney Thomas Calhoun-Lopez is prosecuting the case.
Defendant Information:
LE’KEITH ALI DU’JUAN RAYFORD, a/k/a “Fatty,” 26
Minneapolis, Minn.
Charges:
- Conspiracy to possess a firearm in furtherance of a drug trafficking crime, 1 count
- Conspiracy to distribute controlled substances, 1 count
- Distribution of cocaine base, 2 counts
- Felon in possession of a firearm, 1 count
- Possession with intent to distribute controlled substances, 1 count
KENNETH LAMONT THOMPSON, a/k/a “Kenny OG,” a/k/a “KG,” 32
Minneapolis, Minn.
Charges:
- Conspiracy to possess a firearm in furtherance of a drug trafficking crime, 1 count
- Conspiracy to distribute controlled substances, 1 count
- Distribution of cocaine base, 3 counts
MAURICE JERRY JOHNSON, a/k/a “Reese,” a/k/a “Loco,” 27
Minneapolis, Minn.
Charges:
- Conspiracy to possess a firearm in furtherance of a drug trafficking crime, 1 count
- Conspiracy to distribute controlled substances, 1 count
- Distribution of cocaine base, 4 counts
- Use of a firearm during and in relation to a drug trafficking crime, 1 count
LENARDO ALEXZANDER WOODARD, a/k/a “Naughty,” 30
Brooklyn Park, Minn.
Charges:
- Conspiracy to possess a firearm in furtherance of a drug trafficking crime, 1 count
- Conspiracy to distribute controlled substances, 1 count
- Distribution of cocaine base, 1 count
- Distribution of heroin, 2 counts
- Felon in possession of a firearm, 2 counts
###
Additional news available on our website.
Follow us on Twitter and Facebook.
United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the superseding indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Federal Prison for Three Men Involved in Pelham Gun Store Smash-and-GrabRead the Press Release
BIRMINGHAM – Three Birmingham men involved in a 2017 crime spree that included an armed carjacking and the smash-and-grab theft of 16 guns from a Pelham store were sentenced to prison this week in federal court, announced U.S. Attorney Jay T. Town and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
U.S. District Judge Karon O. Bowdre today sentenced SIDONTE TOMAR HARRIS, 20, to seven years in prison and TREVION KEONTE BENNETT, 22, to 10 years and one month in prison for various firearms violations, including the Jan. 13, 2017, theft of firearms from Alabama Guns and Outdoors in Pelham, and for a Jan. 12, 2017, armed carjacking. On Monday, the judge sentenced OLANDO JACKSON JR., 24, to 14 years in prison, for the theft from the licensed gun store, and other gun violations. All three men pleaded guilty in December. The court ordered the men to pay $16,000 in restitution to Alabama Guns and Outdoors.
According to court records, Bennett and Harris carjacked a 2010 Dodge Ram truck from a man leaving a Birmingham convenience store on Jan. 12, 2017. Several hours later, just after midnight, the three men stole 16 handguns from Alabama Guns and Outdoors after smashing the stolen truck through the store’s front window.
“This case is a prime example of ATF and local law enforcement working together to make Birmingham, and by extension the Northern District, a safer place,” Town said. “We will continue to reward criminals and felons in the possession of firearms, and those who steal firearms and who straw-purchase firearms, with bed space in federal prison, returning our neighborhoods to law-abiding citizens.”
“This sentencing is a result of the combined efforts of law enforcement and the community working together to reduce violent crime,” Watson said. “ATF’s Crime Gun Intelligence is the driving force behind the recovery of stolen firearms that potentially could have been used in violent criminal acts within our neighborhoods.”
ATF, within 48 hours of the gun-store break-in, recovered eight of the 16 stolen weapons.
Along with the gun-store theft and carjacking, Harris also was sentenced for possessing a stolen Colt .38-caliber revolver, a Colt 32-20 caliber revolver and a Beretta .40-caliber pistol on Jan. 14, 2017, all which had been stolen from the gun store. Bennett and Jackson were sentenced for possessing a Heckler and Koch 9mm pistol and a Springfield .40-caliber pistol on Jan. 13, 2017, which had been stolen from the gun store, and for being convicted felons in possession of those and other guns on that date. Jackson also was sentenced for being a convicted felon in possession of firearms on Aug. 22, 2016, and on Oct. 5, 2016, for separate and unrelated crimes.
The guns stolen from Alabama Guns and Outdoors were: a Beretta .40-caliber pistol, two Springfield Armory 9mm pistols, two Springfield Armory .40-caliber pistols, a Springfield Armory .45-caliber pistol, a Colt .32-20 caliber revolver, a Beretta 9mm pistol, a Colt .38 special revolver, two Taurus .357-magnum revolvers, a Taurus .45-caliber revolver, two Smith and Wesson .357-magnum revolvers, a Heckler and Koch 9mm pistol, and a Glock 9mm pistol.
The ATF investigated the case in conjunction with the Pelham Police Department. Assistant U.S. Attorney L. James Weil Jr. prosecuted the case.
###
Federal Grand Jury Indicts Two Chicago Police Officers for Fraudulently Obtaining Search Warrants and Stealing EvidenceRead the Press Release
CHICAGO — Two Chicago Police Officers assigned to a gang unit on the city's West Side knowingly submitted false affidavits to judges to obtain search warrants and stole cash and drugs from properties they searched, according to a federal indictment announced today.
Officers XAVIER ELIZONDO and DAVID SALGADO were assigned to a gang team in the Chicago Police Department's Tenth District. Elizondo is a sergeant who oversaw the team. According to the charges, the officers conspired to submit materially false information to state court judges to obtain search warrants that enabled them to enter various properties and seize cash and drugs. The officers also stole property and falsified police reports to conceal the thefts, the indictment states. The charges describe how Elizondo and Salgado pocketed $4,200 in cash recovered during a search of a rental vehicle in Chicago on Jan. 28, 2018.
The indictment was returned Wednesday in federal court in Chicago. It charges Elizondo, 45, of Chicago, and Salgado, 37, of Chicago, with one count of conspiracy to commit theft and one count of embezzlement. Salgado is also charged individually with one count of making a false statement to the Federal Bureau of Investigation. Arraignments in U.S. District Court have not yet been scheduled.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI; and Eddie Johnson, Superintendent of the Chicago Police Department.
"When police officers fail to discharge their duties with honesty and integrity, they betray not only the citizens of Chicago, but their fellow officers who do their jobs the right way," said U.S. Attorney Lausch. "Our office will continue to vigorously prosecute corruption at all levels, and hold accountable public servants who choose to violate the public trust for personal gain."
"Law enforcement corruption undermines the integrity of the criminal justice system," remarked Special Agent-in-Charge Sallet. "The Chicago Police Department and the FBI will continue to partner aggressively to combat corruption and civil rights abuses, ensuring the integrity of Chicago law enforcement. These charges illustrate the Chicago Police Department’s and the FBI’s commitment and ability to address isolated incidents where officers betray the badge."
"Over the last two years, CPD has worked tirelessly to build trust and partnerships with the communities we serve. That is why the alleged conduct is very troubling – it dishonors what I and every member of CPD have dedicated our lives to and risk our lives for each and every day," said CPD Superintendent Eddie Johnson. "I have zero tolerance for any behavior that violates the hard work of the people who wear this star. That is why I'm proud CPD played a central role in this investigation, working side by side with our Federal partners since the very beginning."
According to the indictment, Elizondo and Salgado submitted the false applications for "J. Doe" search warrants, which rely on information provided by confidential informants with knowledge of the criminal activity. In order to obtain such a warrant, officers must submit a sworn complaint that details the information alleged by the informant, and then bring the informant before the judge so that the judge could personally examine the truthfulness of the information. The charges allege that Elizondo and Salgado caused two Chicago residents to pose as "J. Doe" confidential informants and furnish false information to the court. After using the warrants to seize cash, drugs and cartons of cigarettes from Chicago properties, the officers allegedly gave a portion of those items to the purported informants.
The false statement charge accuses Salgado of lying to the FBI about his whereabouts during his police shift on the day after the theft from the rental car. On Jan. 29, 2018, after Elizondo discovered that law enforcement was potentially investigating him and Salgado, Elizondo instructed
Salgado to remove property from Salgado’s home, the indictment states. When interviewed by the FBI the following day, Salgado falsely claimed that he did not remember whether he had returned home during his shift, according to the charges.
The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The embezzlement count carries a maximum sentence of ten years, while the conspiracy and false statement counts are each punishable by up to five years. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
The government is represented by Assistant U.S. Attorneys Sean J.B. Franzblau and Ankur Srivastava.
elizondo_salgado._indictment_0.pdfFederal Grand Jury Criminal Indictments AnnouncedRead the Press Release
United States Attorney R. Trent Shores announced today the results of the May 2018 Federal Grand Jury.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Clinton Todd Cochran. Failure to Register as a Sex Offender. Cochran, 53, of Tulsa, is charged with failing to register as a sex offender. If convicted, he faces a maximum penalty of 10 years in prison and a $250,000 fine. The United States Marshal’s Service and the Tulsa Police Department are the investigative agencies.
Angelica Cruz. Conspiracy and Possession of Stolen Firearms. Cruz, 41, of Tulsa, is charged with conspiring to steal, possess and sell stolen firearms. If convicted, she faces a maximum penalty of 5 years in prison and a $250,000 fine for the conspiracy charge; and a maximum penalty of 10 years in prison and a $250,000 fine for the possession of stolen firearms charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Tulsa Police Department, and the Broken Arrow Police Department are the investigative agencies.
Jose Manuel Cuevas-Roman. Reentry of Removed Alien. Cuevas-Roman, 36, address unknown, is charged with having returned to the United States unlawfully after being deported in April 2011 from Del Rio, Texas. If convicted, he faces a maximum penalty of 20 years in prison and a $250,000 fine. The United States Immigration and Customs Enforcement and the Tulsa County Sheriff’s Office are the investigative agencies.
Rigoberto Doblado-Castro. Reentry of Removed Alien. Doblado-Castro, 41, of Tulsa, is charged with having returned to the United States unlawfully after being deported in August 2015 from Brownsville, Texas. If convicted, he faces a maximum penalty of 20 years in prison and a $250,000 fine. The United States Immigration and Customs Enforcement and the Tulsa Police Department are the investigative agencies.
Michael Shane Husman. Felon in Possession of Firearm. Husman, 45, of Sapulpa, is charged with possessing a 12-gauge shotgun after prior felony convictions. If convicted, he faces a maximum penalty of 10 years in prison and a $250,000 fine. In addition, he would forfeit the firearm involved in the offense. The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Lighthorse Police are the investigative agencies.
Mitchell Lee Keene. Felon in Possession of Firearm and Ammunition. Keene, 56, of Collinsville, is charged with possessing a .40 caliber semi-automatic handgun and ammunition after prior felony convictions. If convicted, he faces a maximum penalty of 10 years in prison and a $250,000 fine. In addition, he would forfeit the firearm and ammunition involved in the offense. The Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Tulsa County Sheriff’s Office, the Mayes County Sheriff’s Office, and the Oklahoma Highway Patrol are the investigative agencies.
Henry Lopez-Cabrera. Reentry of Removed Alien. Lopez-Cabrera, 30, of Tulsa, is charged with having returned to the United States unlawfully after being deported in July 2015 from Houston, Texas. If convicted, he faces a maximum penalty of 20 years in prison and a $250,000 fine. The United States Immigration and Customs Enforcement and the Tulsa Police Department are the investigative agencies.
Jose Adrian Gonzalez Mireles. Reentry of Removed Alien. Gonzalez Mireles, 32, of Tulsa, is charged with having returned to the United States unlawfully after being deported in December 2008 from Del Rio, Texas. If convicted, he faces a maximum penalty of 20 years in prison and a $250,000 fine. The United States Immigration and Customs Enforcement and the Tulsa Police Department are the investigative agencies.
Stephanie Louise Montgomery. False Information About Bombs in Schools. Montgomery, 48, of Claremore, is charged with telephoning the Claremore High School stating, “there are five bombs in backpacks at the High School” and “there are ten bombs in elementary schools,” which was false and misleading information. If convicted, she faces a maximum penalty of 5 years in prison and a $250,000 fine. The Federal Bureau of Investigation, the Oklahoma State Bureau of Investigation, the Oklahoma Highway Patrol, the Claremore Police Department, and the Tulsa Police Department are the investigative agencies.
James Cody Porter. Felon in Possession of Firearm and Ammunition. Porter, 28, of Tulsa, is charged with possessing a .380 ACP caliber handgun and ammunition after prior felony convictions. If convicted, he faces a maximum penalty of 10 years in prison and a $250,000 fine. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Marshal’s Service, and the United States Probation Office are the investigative agencies.
Anthony Steven Price. Obstruct, Delay, and Affect Commerce by Attempted Robbery; Using and Carrying a Firearm During and in Relation to a Crime of Violence; and Felon in Possession of Firearm and Ammunition. Price, 24, of Tulsa, is charged with attempting to rob Hungry Howie’s Pizzeria by discharging a 9mm handgun as a means of threatened force, violence, and fear of injury, after a prior felony conviction. If convicted, he faces a maximum penalty of 20 years in prison and a $250,000 fine for the obstruct, delay, and affect commerce by attempted robbery charge; a minimum penalty of 10 years in prison and a $250,000 fine for the using and carrying a firearm during and in relation to a crime of violence charge; and a maximum penalty of 10 years and a $250,000 fine for the felon in possession of firearm and ammunition charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Tulsa Police Department, and the Bartlesville Police Department are the investigative agencies.
Victor Tobin. Possession of Methamphetamine With Intent to Distribute; Possession of Heroin With Intent to Distribute; and Possession of a Firearm in Furtherance of a Drug Trafficking Crime. Tobin, 37, of Bixby, is charged with possessing with the intent to distribute methamphetamine and heroin, and possessing a .40 caliber semi-automatic handgun. If convicted, he faces a maximum penalty of 20 years in prison and a $1,000,000 fine for the possession of methamphetamine with intent to distribute charge and the possession of heroin with intent to distribute charge; and a minimum penalty of 5 years or up to of life in prison and a $250,000 fine for the possession of a firearm in furtherance of a drug trafficking crime charge. In addition, he would forfeit the firearm and ammunition involved in the offense, and any property derived from proceeds obtained as a result of the drug offenses. The Drug Enforcement Administration and the Glenpool Police Department are the investigative agencies.
Andrew Cordario Wagoner. Felon in Possession of Firearm and Ammunition. Wagoner, 26, of Tulsa, is charged with possessing a 9x19mm caliber handgun and ammunition after prior felony convictions. If convicted, he faces a maximum penalty of 10 years in prison and a $250,000 fine. In addition, he would forfeit the firearm and ammunition involved in the offense. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tulsa County Sheriff’s Office are the investigative agencies.
El Departamento de Justicia Resuelve una Denuncia de Discriminación Relacionada con la Inmigración contra la Universidad de California, San DiegoRead the Press Release
WASHINGTON – El Departamento de Justicia anunció que ha llegado a un acuerdo con la Universidad de California, San Diego. El acuerdo resuelve la investigación por parte del Departamento para determinar si el Área de Gestión de Recursos y Planificación del Vicerrectorado de la Universidad (RMP, por sus siglas en inglés), vulneró la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) al discriminar a inmigrantes con autorización para trabajar a la hora de verificar su autorización continua para trabajar.
Con base en su investigación, el Departamento concluyó que el RMP les exigió innecesariamente a ciertos inmigrantes autorizados para trabajar que volvieran a demostrar su autorización para trabajar por motivos del estatus de ciudadanía que tenían cuando fueron contratados. La disposición antidiscriminatoria de la INA prohíbe que los empleadores sometan a los empleados a requisitos documentales diferentes o innecesarios con base en la ciudadanía, estatus migratorio o nacionalidad de origen del empleado.
Conforme al acuerdo, la Universidad pagará una multa a los Estados Unidos, capacitará al personal de recursos humanos del RMP sobre los requisitos de la disposición antidiscriminatoria de la INA y se someterá a los requisitos de Departamento en cuanto a supervisión y declaración.
«Los empleadores deben cumplir con las leyes antidiscriminatorias, tanto a la hora de contratar a sus empleados como a lo largo de su empleo», declaró el Fiscal General Auxiliar en funciones John Gore, de la División de Derechos Civiles. «Trabajaremos con la Universidad para procurar que su proceso de verificación de la elegibilidad para trabajar evite imponer cargas innecesarias sobre inmigrantes autorizados para trabajar por motivos de su estatus de ciudadanía».
Dentro de la División de Derechos Civiles, la Sección para los Derechos de los Inmigrantes y Empleados (IER, por sus siglas en inglés), es responsable de aplicar la disposición antidiscriminatoria de la INA. Entre otras cosas, esta ley prohíbe la discriminación por motivos de estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; la discriminación en el proceso de verificación de la elegibilidad para trabajar; las represalias y la intimidación.
Para más información sobre protecciones contra la discriminación en el empleo en virtud de las leyes migratorias, llame a la línea directa de la IER para trabajadores al 1‑800‑255-7688 (1‑800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); matricúlese para un seminario en línea gratuito; mande un correo electrónico a [email protected] o visite la página web de la IER en inglés o español.
Aquellos postulantes o empleados que creen haber sido sometidos a otros requisitos documentales por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen, o a la discriminación por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión deben llamar a la línea directa de la IER para trabajadores para pedir ayuda.