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Monday 26 March 2018
Manderson Man Charged in ShootingRead the Press Release
United States Attorney Ron Parsons announced that a Manderson, South Dakota, man was charged in federal district court with Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Discharging, Brandishing, or Possessing a Firearm During and in Relation to a Crime of Violence.
Elijah West, age 20, was charged on February 20, 2018. He appeared before U.S. Magistrate Judge Daneta Wollmann on March 16, 2018, and pleaded not guilty to the charges. The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, 5 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to West shooting two women near Porcupine in February 2018. The charges are merely an accusation and West is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Police Department. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
West was detained pending trial.
Madison County, NY Man Arrested, Charged with EnticementRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Steven D. Hathaway, of DeRuyter, NY, was arrested and charged by criminal complaint with enticing a minor to engage in sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a $250,000 fine, or both.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that according to the complaint, the defendant participated in online communications with an individual he believed was a 12 year old girl. Over the course of several weeks, Hathaway engaged in sexually explicit conversations, during which the defendant asked for nude photographs. Hathaway also requested that the child meet in person to engage in sexual activity. At one point, the defendant purchased the child an iPhone, which he placed in a location near the child’s home, so that the child would be able to communicate with Hathaway and send him photographs. Unbeknownst to the defendant, the child was actually an undercover New York State Police Investigator.
On March 23, 2018, Hathaway arranged to meet the child in the Western District of New York, at which time he was arrested by members of the New York State Police and the Department of Homeland Security.
The defendant made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman and is being held without bail pending a detention hearing.
The complaint is the result of an investigation by the New York State Police, under the direction of Major Richard Allen and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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.
MS-13 Gang Member Pleads Guilty to Long Island Murder and Attempted Murder ChargesRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Elmer Alexander Lopez (“Smiley”), a member of the Centrales Locos Salvatruchas clique of La Mara Salvatrucha, also known as the MS-13, a transnational criminal organization, pleaded guilty to racketeering charges relating to his participation in the June 3, 2016 murder of Jose Pena, and the July 3, 2016 attempted murder of a suspected rival gang member. The guilty plea was entered before United States District Judge Joseph F. Bianco.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (“FBI”), and Stuart J. Cameron, Acting Commissioner, Suffolk County Police Department (“SCPD”), announced the guilty plea.
“Lopez and his coconspirators took turns slashing and stabbing to death a fellow MS-13 member because the victim was suspected of violating gang rules, and merely one month later, turned a basketball court into a shooting gallery in a brazen attempt to kill a rival gang member, ” stated United States Attorney Donoghue. “The killing and attempted murder perpetrated by Lopez are typical of the violence carried out by MS-13 to instill fear within its own ranks and terrorize our community. Today’s guilty plea holds the defendant accountable for his crimes and reflects the unwavering commitment by this Office and our partners with the FBI’s Long Island Gang Task Force to eradicate the scourge that is MS-13.”
“This case is just one in our systematic and focused dismantling of MS-13 on Long Island,” stated FBI Assistant Director-in-Charge Sweeney. “Our ultimate goal is to eradicate the deadly and violent gang from the communities that have experienced murders, shooting, violence and criminal activity. The FBI Long Island Gang Task Force and our law enforcement partners have created a massive surge of pressure on MS-13, and this plea shows proof that pressure is paying off.”
“The Suffolk County Police Department thanks the Eastern District of New York for their steadfast commitment to prosecute violent MS-13 gang members,” stated SCPD Commissioner Cameron. “Today’s news is an example of the ongoing effort by the Suffolk County Police Department and our law enforcement partners to protect the residents of Suffolk County from the scourge of gang violence. Ridding our community of gangs is a long-term commitment and one that we are strongly committed to. Gang members should know that if they commit crimes in this county they will be arrested and prosecuted to the fullest extent of the law.”
As set forth in prior court filings, a detention letter, the fourth superseding indictment, and the defendant’s statements during his guilty plea, Lopez and several co-conspirators, who have been charged in the Eastern District of New York, decided to kill Pena, a member of the MS-13, because he was suspected of violating gang rules. Prior to the murder, Lopez and the other MS-13 members held meetings where they discussed killing Pena because the MS-13 suspected that Pena had cooperated with law enforcement authorities and that he might be homosexual. After consulting with MS-13 leadership in El Salvador, Lopez and the other MS-13 members agreed to murder Pena and tasks were assigned to each of the co-conspirators to carry out the plan, including obtaining weapons and a vehicle to be used in the murder. On June 3, 2016, Lopez and the other MS-13 members lured Pena into a car and drove to a secluded wooded area in Brentwood, where they attacked Pena, taking turns stabbing and slashing him with knives until he was dead. Pena’s body was not discovered until October 17, 2016, more than four months after his murder.
In addition, Lopez admitted during his guilty plea that, one month after murdering Pena, he and other MS-13 members attempted to kill a suspected rival gang member on Lukens Avenue in Brentwood. During 2016, Lopez and other members of the MS-13 had a series of conflicts with members of Goon Squad, a rival gang in Brentwood. On July 3, 2016, at approximately 7:50 p.m., a man identified as John Doe #4 in the fourth superseding indictment was playing basketball with a group of individuals in front of a house on Lukens Avenue. Lopez and two co-conspirators, who were in a Ford Mustang, saw the group, who they suspected were rival gang members, drove toward them, and one of the MS-13 members shot at the group. John Doe #4 was struck by a bullet in the shoulder. The victim received medical treatment and survived the shooting.
Lopez, an illegal alien from El Salvador, faces a maximum sentence of life in prison when sentenced by United States District Judge Joseph F. Bianco on September 13, 2018. Upon completion of his sentence, the defendant faces deportation from the United States.
The charges in the fourth superseding indictment against the other defendants remain pending and are merely allegations. Those defendants are presumed innocent unless and until proven guilty.
Today’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in the Eastern District of New York, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, SCPD, Nassau County Police Department, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Department, Rockville Centre Police Department, the New York State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys John J. Durham, Paul G. Scotti, Michael T. Keilty and Raymond A. Tierney are in charge of the prosecution.
The Defendant:
ELMER ALEXANDER LOPEZ (“Smiley”)
Age: 20
Central Islip, New YorkE.D.N.Y. Docket No. 16-CR-403 (S-4) (JFB)
Lower Brule Woman Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Megan Crazy Bull, age 22, was indicted on February 14, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 21, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 44 years in custody and/or a $1,000,000 fine, 13 years of supervised release, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 10, 2017, January 4, 2018, and also on January 18, 2018, Crazy Bull forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with five correctional officers and one law enforcement officer, while all the officers were engaged in the performance of their official duties, and said conducts involved physical contact with the officers.
The charges are merely accusations and Crazy Bull is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Crazy Bull was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for May 1, 2018.
Jamesville Man Pleads Guilty to Receipt and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Cody Childress, age 29, of Jamesville, New York, pled guilty today in United States District Court to one count of receipt of child pornography and one count of possession of child pornography, announced United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation.
Childress, who was ordered detained in custody pending his sentencing, faces a minimum sentence of at least five years and up to 20 years of imprisonment for distribution of child pornography and up to 20 years of imprisonment for receipt of child pornography. Childress will also be required to serve a term of supervised release of between five years and life, and will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
As part of his guilty plea, Childress admitted that he received images of child pornography through a Peer-to-Peer file-sharing program. A search of Childress’s laptop computer revealed that he possessed 51 videos depicting child pornography. Sentencing is scheduled for August 2, 2018, in Syracuse, New York.
Childress’s case was investigated by the New York State Police, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Indianapolis Man Sentenced to 195 Months ImprisonmentRead the Press Release
FORT WAYNE – Richard A. Council, 46, of Indianapolis, Indiana, was sentenced before Chief Judge Theresa L. Springmann on his plea of guilty to conspiring to possess with intent to distribute more than 5 kilograms of cocaine and possessing a firearm in furtherance of a Drug Trafficking Crime, announced U.S. Attorney Thomas L. Kirsch II.
Council was sentenced to 195 months imprisonment and 5 years of supervised release.
According to documents in this case, between November 13, 2013, and February 12, 2014, Council conspired with his named codefendants to possess with intent to distribute a controlled substance, namely 5 kilograms or more of cocaine. Further, on February 12, 2014, Counse possessed a firearm in furtherance of the drug trafficking crime.
This case was investigated by the Bureau of Alcohol Tobacco Firearms and Explosives, with the assistance of the Drug Enforcement Administration as well as the Warsaw Police Department, the Fort Wayne Police Department and the IMAGE Drug Task Force. This case was prosecuted by Assistant U.S. Attorney Anthony Geller.
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Habitual Drug Trafficker Gets 20 Years in PrisonRead the Press Release
McALLEN, Texas – A 45-year-old Mexican national residing in San Juan has been sentenced for his leadership role in a drug trafficking case involving nearly 40 kilograms of cocaine, announced U.S. Attorney Ryan K. Patrick. Carlos Guerrero pleaded guilty Aug. 28, 2015.
Today, U.S. District Judge Ricardo H. Hinojosa confirmed that Carlos Guerrero was previously convicted of a federal drug trafficking crime and re-imposed a 240-month sentence that he originally ordered on March 15. The court found Guerrero to be a leader/organizer within the drug trafficking organization. The sentence was enhanced due to his 2005 convictions for conspiracy to possess with intent to distribute more than five kilograms of cocaine and possession with intent to distribute approximately 45.5 kilograms of cocaine. Not a U.S. citizen, he is expected to face deportation proceedings following completion of the sentence.
On May 28, 2015, authorities followed a vehicle from the Hidalgo Port of Entry to a parking lot in McAllen. Yadira Martinez-Gomez, a 24-year-old Mexican national, was driving. She then handed the vehicle off to 43-year-old Mexican national Rodolfo Hernandez-Flores who drove it to Guerrero’s residence in San Juan. A search of the vehicle and the residence led to the seizure of 39 kilograms of cocaine. Raul Sanchez-Solano, a 40-year-old Mexican national, and Guerrero were arrested at that time and charged for storing the narcotics at the residence.
Martinez-Gomez was previously sentenced to 37 months imprisonment, while Sanchez-Solano and Hernandez-Flores received 60 and 48 months in prison, respectively.
Guerrero has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the Pharr Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Kristen J. Rees prosecuted the case.
Guatemalan National Pleads Guilty to Illegally Reentering the United StatesRead the Press Release
Defendant had a misdemeanor illegal entry conviction in Arizona and two prior removals
HUNTINGTON, W.Va. – Roberto Tulul-Ambrocio pled guilty to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Mr. Tulul-Ambrocio, 29, of Sonola, Guatemala, faces up to 2 years of incarceration, a 250,000 dollar fine, supervised release for one year, and a special assessment when he is sentenced on May 14, 2018 by United States District Judge Robert C. Chambers. He also faces removal proceedings at the conclusion of any sentence of incarceration. United States Attorney Mike Stuart praised the work of Immigration and Customs Enforcement (ICE).
“If you’re an illegal and we catch you, we’ll prosecute you and then send you back. If you won’t follow the law to come to the United States, you’ll break our laws when you’re here, you can’t stay,” said United States Attorney Mike Stuart.
On January 16, 2018, Mr. Tulul-Ambrocio was spotted by Immigrations and Customs Enforcement Agents in Hurricane, Putnam County, West Virginia during an investigation of a nearby business location. Approached by two Immigrations and Customs Enforcement Agents, Mr. Tulul-Ambrocio fled on foot and was apprehended after a short chase. Immigration and Customs Enforcement agents confirmed that Mr. Tulul-Ambrocio was not in the United States legally and he was taken into custody. Fingerprints taken from the defendant matched him to two prior removals in 2011. The first 2011 prior removal occurred when he was caught near Tucson, Arizona in August and removed from the United States In October of 2011, Mr. Tulul-Ambrocio was found in Nogalez, Arizona and convicted in federal court of the misdemeanor crime of illegal entry. After this conviction, Mr. Tulul-Ambrocio was subsequently removed again from the United States . Mr. Tulul-Ambrocio then reentered the United States a third time without legal permission from the Secretary of Homeland Security. Mr. Tulul-Ambrocio is a citizen of Guatemala.
Assistant United States Attorney Erik S. Goes is handling the prosecution.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###Guatemalan Man Sentenced for Methamphetamine TraffickingRead the Press Release
WICHITA, KAN. – A load of methamphetamine that investigators followed from Amarillo, Texas, to Kansas City, Kan., is sending a Guatemalan man to federal prison, U.S. Attorney Stephen McAllister said.
Jose Adrian Cua-Garcia, 30, was sentenced Monday to five years in federal prison. He pleaded guilty to one count of possession with intent to distribute methamphetamine.
The investigation began when law enforcement officers stopped an SUV near Amarillo, Texas, and found more than 12 pounds of methamphetamine hidden in a spare tire. Investigators arranged for part of the load to be delivered while they kept it under surveillance.
Co-defendant Jorge Vazquez-Rodriguez, 30, Kansas City, Kan., met the load in a hotel parking lot near I-70 and 78th Street. He took the drugs to a house in Kansas City, Kan., where he met Cua-Garcia. Later, Cua-Garcia left the house carrying the tire in the back of his truck. Investigators pulled him over after a chase and arrested him.
Vazquez-Rodriguez pleaded guilty and sentencing is set for June 4. McAllister commended the Drug Enforcement Administration and Assistant U.S. Attorney David Zabel for their work on the case.
Glenwood Man Sentenced to 20 Years in Prison for Drug OffenseRead the Press Release
COUNCIL BLUFFS, IA- On March 22, 2018, David Joseph Jay, III, age 36, of Glenwood, Iowa, appeared before United States District Court Chief Judge John A. Jarvey and was sentenced to 20 years in prison for possession with intent to distribute methamphetamine, announced United States Attorney Marc Krickbaum. Jay was ordered to serve ten years of supervised release to follow his prison term.
This investigation began with a citizen complaint regarding possible drug trafficking at a residence in Glenwood. Following subsequent investigation, a search warrant was executed at Jay’s residence. Methamphetamine, lysergic acid diethylamide (LSD), along with prescription pills and marijuana were discovered.
This investigation was conducted by the Glenwood Police Department, Mills County Sheriff’s Office, and Southwest Iowa Narcotics Task Force. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Georgia Man Sentenced for Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Gordon, Georgia, man convicted of Receipt of Child Pornography was sentenced on March 9, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Marshall Brown, age 27, formerly of Ellsworth Air Force Base, was sentenced to 8 years of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Brown was one of ten men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2016 Sturgis Motorcycle Rally, targeting persons seeking to pay to have sex with underage girls or boys obtained through the Internet. The conviction stemmed from Brown communicating with someone he believed to be a minor for the purpose of engaging in sexual acts and sending pornographic images of himself to the minor. After the execution of a search warrant on Brown’s phone, law enforcement discovered pornographic images of a separate15 year-old minor.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Brown was immediately remanded to the custody of the U.S. Marshals Service.
General Foreman at Port Elizabeth Sentenced to Two Years in Prison for Salary FraudRead the Press Release
NEWARK, N.J. – A member of the International Longshoremen’s Association (ILA) and general foreman for a Port Elizabeth terminal operator was sentenced today to 24 months in prison for fraudulently collecting a nearly $500,000 annual salary, much of which was for work he never performed, U.S. Attorney Craig Carpenito announced.
Paul Moe Sr., 66, of Atlantic Highlands, New Jersey, was convicted at trial in October 2017 on all 14 counts of an indictment charging him with one count of wire fraud conspiracy and 13 substantive counts of wire fraud. He was convicted following a 10-day trial before U.S. District Court Judge Katharine S. Hayden, who imposed the sentence today in Newark federal court.
According to statements made in court and the evidence at trial:
From September 2015 through March 2017, Moe fraudulently collected a compensation package that paid him almost $500,000 annually while showing up at his job site for as little as eight hours per week. In order for Moe to collect his $9,300 weekly paycheck, other conspirators submitted false timesheets each day on his behalf and even credited him for up to 16 hours of overtime a day. The 13 substantive wire fraud counts consist of one-week increments in which Moe – having either failed to appear at the job site or while being out of state or out of the country – was paid as if he had been on the job for a minimum of 40 hours a week.
In addition to the prison term, Judge Hayden sentenced Moe to three years of supervised release and ordered him to pay restitution of $749,000.U.S. Attorney Carpenito credited special agents and investigators with the Waterfront Commission of New York Harbor, under the direction of Executive Director Walter M. Arsenault; the U.S. Department of Labor, Office of Inspector General, under the direction of Acting Special Agent in Charge Peter Nozka in New York; the Office of Employee Benefit Security Act (EBSA), under the direction of Regional Director Jonathan Kay; and the Office of Labor Management Standards, under the supervision of District Director Andriana Vamvakas, with the investigation leading to today’s sentencing.
The government is represented by Senior Litigation Counsel V. Grady O’Malley, Assistant U.S. Attorney Anthony Moscato, Chief of the National Security Unit, and Special Assistant U.S. Attorney Tracey Agnew.
Defense counsel: Gerald McMahon Esq., New York
Gary Man Sentenced to 57 Months in PrisonRead the Press Release
HAMMOND- Darryl Hall, 40, of Gary, Indiana, was sentenced before Hammond District Court Judge Joseph S. Van Bokkelen on his plea of guilty to wire fraud and aggravated identity theft, announced U.S. Attorney Thomas L. Kirsch II.
Hall was sentenced to 57 months imprisonment, 3 years of supervised release and ordered to pay $26,616.28 in restitution.
According to documents in this case, Hall engaged in a scheme that included purchasing stolen credit card numbers and other personally identifying information from online criminal forums using Bitcoin. Once Hall obtained the credit card numbers, he embossed them onto blank cards for use at retail stores and restaurants. Among other things, Hall used stolen card numbers to purchase luxury goods and jewelry, which he then resold at a discount for cash.
This case was investigated by the United States Secret Service. This case was prosecuted by Assistant U.S. Attorney Alexandra McTague.
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Fort Thompson Woman Sentenced for Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, woman charged with Conspiracy to Distribute a Controlled Substance was sentenced on March 19, 2018, by U.S. District Judge Roberto A. Lange.
Ashley Ross, age 30, was sentenced to 168 months in custody, followed by 5 years of supervised release, a fine of $1,000, and a special assessment of $100 to the Federal Crime Victims Fund.
Ross was indicted by a federal grand jury on June 14, 2017, for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance. Ross plead guilty on December 29, 2017.
The conviction is a result of Ross receiving distributable quantities of methamphetamine and distributing it in South Dakota beginning in January of 2015. It was reasonably foreseeable to Ross that over 1.5 kilograms of methamphetamine would be distributed during the course of the conspiracy. This methamphetamine was distributed by Ross on the Crow Creek and Lower Brule Indian reservations.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, Rosebud Sioux Tribe Law Enforcement Services, Bureau of Indian Affairs Crow Creek Agency, and the Sioux Falls Police Department. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Ross was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Charged with Embezzlement and TheftRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Embezzlement and Theft from an Indian Tribal Organization.
Christopher Rabbit, age 42, was indicted on March 13, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 20, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 1, 2016, and July 31, 2017, Rabbit embezzled, stole, willfully misapplied and permitted to be misapplied, and converted to his own use more than $1,000 of monies, funds, credits, goods, assets, and other property belonging to the Crow Creek Sioux Tribe Solid Waste Management Program, an Indian Tribal organization.
The charge is merely an accusation and Rabbit is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Rabbit was released on bond pending trial, which has not been set.
Former U.S. Postal Service Employee from Socorro Pleads Guilty to Federal Misdemeanor Embezzlement ChargeRead the Press Release
ALBUQUERQUE – Adrianne D. Marquez, 42, of Socorro, N.M., pled guilty today in federal court in Albuquerque, N.M, to a misdemeanor charge of theft of government property.
Marquez was charged in a misdemeanor information filed on Jan. 23, 2018, with theft of government funds from Jan. 1, 2017 through July 12, 2017, in Socorro County, N.M. According to the information, Marquez intentionally stole money from the United States in an amount less than $1,000 by writing herself U.S. Postal Service money orders and not paying the U.S. Postal Service for them.
During today’s proceedings, Marquez pled guilty to the misdemeanor information without the benefit of a plea agreement. At sentencing, Marquez faces a maximum penalty of one year in federal prison and a fine up to $100,000. A sentencing hearing has yet to be scheduled.
This case was investigated by the U.S. Postal Service, Office of Inspector General and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Former Federal Prison Lieutenant Sentenced for Using Excessive Force and Obstructing InvestigationRead the Press Release
Gregory McLeod, 44, of East Point, Georgia, and a former correctional officer and supervisor at the U.S. Penitentiary in Atlanta (USP Atlanta), was sentenced today in federal court to one year and eight months in prison, followed by three years supervised release, for using excessive force against an inmate in 2016, and for writing two false reports about the incident in an effort to cover up his crime.
According to information presented in court, McLeod, who achieved the rank of lieutenant, and worked as a supervisor at the prison, strip searched an inmate in his office in front of three other correctional officers. After the inmate complained that the strip search was taking too long, McLeod repeatedly punched the inmate in his face, injuring him.
Following the assault, McLeod wrote an incident report and a separate memorandum about the encounter in which he falsely claimed that the inmate swung a closed fist at McLeod and attempted to assault other officers before the officers could apply hand and leg restraints.
“Correctional officers have an important duty to protect inmates from violence or any act of unreasonable force,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “McLeod’s violent actions, and attempt to obstruct justice, blatantly violated the inmate’s civil rights. This Justice Department will not tolerate any abuse of power by a law enforcement officer and will continue to prosecute these cases to the fullest extent of the law.”
“McLeod broke the law and repeatedly lied about his conduct,” said U.S. Attorney Byung J. “BJay” Pak. “The men and women who work in prisons and jails have very stressful jobs, but they must adhere to the laws that each has sworn to uphold. At the same time, inmates and detainees in our nation’s prisons and jails have the right to be free from the use of excessive force.”
“We certainly understand that detention officers have a difficult job maintaining order and protecting inmates in our nation’s prisons,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “But inherent in that job is a power that cannot be abused. It is unfortunate that the actions of this one defendant harm the reputation of the vast majority of officers who respect that power.”
“Violence against inmates and false reporting have no place in the federal prison system,” stated Robert A. Bourbon, Special Agent in Charge of the Department of Justice Office of the Inspector General’s (OIG) Miami Field Division. “The DOJ OIG is committed to ensuring that there are serious consequences for any DOJ employee who intentionally violates the rights of inmates and lies about it.”
At his guilty plea on Nov. 22, 2017, McLeod admitted that he used excessive force and that he intentionally violated the inmate’s constitutional rights. McLeod also admitted that he intentionally impeded and obstructed the investigation of the incident by writing the two false reports.
McLeod was sentenced by U.S. District Judge Steven C. Jones to one year and eight months in prison, followed by three years supervised release.
This case was investigated by the Atlanta Division of the FBI and the Department of Justice OIG. This case was prosecuted by Assistant U.S. Attorney Brent Alan Gray, and Department of Justice Trial Attorney Mary J. Hahn of the Civil Rights Division.
Federal Grand Jury Indicts 44 Individuals in Methamphetamine Distribution ConspiracyRead the Press Release
GREENEVILLE, Tenn. – On January 9, 2018, a federal Grand Jury in Greeneville returned a 30-count indictment against the following individuals for their roles in the distribution of methamphetamine:
- Samuel William Aloisio, 40, of Greeneville, Tennessee
- Kenneth Lee Sholtz, 49, of Summerville, Georgia
- Rockcella Nicole Russell, 31, of Summerville, Georgia
- Troy Dale Sholtz, 54, of Rossville, Georgia
- Christal Gale Bean, 40 of Knoxville, Tennessee
- Leslie William Steelman, 47, of Oliver Springs, Tennessee
- Danielle Marie Coatney, 37, of Townsend, Tennessee
- Elizabeth Jean Patterson, 22, of Rocky Top, Tennessee
- Brandon Joseph Thorpe, 33, of Bristol, Tennessee
- David Henry Estep, Jr., 38, of Church Hill, Tennessee
- Lisa Carol Weems, 49, of Morristown, Tennessee
- Timothy Millard Rose, 34, of Kingsport, Tennessee
- Paul Joseph Whitt, II, 54, of Honaker, Virginia
- Paul David Borror, 31, of Bristol, Tennessee
- Jason Abraham Clements, 42, of Kingsport, Tennessee
- David Dewolf Derrick, 43, of Kingsport, Tennessee
- Kevin Scott Dingus, 37, of Glade Springs, Virginia
- Lawrence Powell Earhart, II, 54 of Bluff City, Tennessee
- John Roosevelt Farner, Jr., 40, of Piney Flats, Tennessee
- Adam Randall Fulbright, 31, of Bristol, Virginia
- Michael Ryan Goins, 26, of Church Hill, Tennessee
- Timothy Barry Hall, 38, of Saint Paul, Virginia
- Jason Darrell Larkins, 40, of Kingsport, Tennessee
- Gary Allen Miller, 47, of Bristol, Tennessee
- Alexander Andrew Milne, 25, of Kingsport, Tennessee
- Charles William Mitchell, Jr., 34, of Bluff City, Tennessee
- Crystal Diane Pharis, 37, of Bristol, Tennessee
- Christopher Allen Reynolds, 36, of Bristol, Tennessee
- Rachel Elizabeth Sammons, 32, of Bristol, Tennessee
- Robert Jessee Estes, 47, of Rogersville, Tennessee
- Marketta Rae Jarnigan, 26, of Rogersville, Tennessee
- Scotty Ledon Foster, 49, of Lafayette, Georgia
- Cameron Lowry, 40, of Old Hickory, Tennessee
- David Alan Emery, 41, of Clinton, Tennessee
- Crystal Mcguire, 42 of Powell, Tennessee
- Larkin Henry Hensley, 41, of Clinton, Tennessee
- Lashawn Johnson, 34, of Knoxville, Tennessee
- Randall Wood, 39, of Clinton, Tennessee
- Stacy Jo Ferguson, 37 of Rocky Top, Tennessee
- David Dunlap, 47, of Oliver Springs, Tennessee
- Edward Uthe, 53, of Mascot, Tennessee
- Mitchell Chadwick Dorris, 30, of Knoxville, Tennessee
- Kristen Perkins, 44, of Knoxville, Tennessee
- Gerald Brummett, 39, of Clinton, Tennessee
A trial date before the Honorable Leon Jordan, Senior U.S. District Court Judge, has not yet been set.
The indictment, on file with the U.S. District Court, alleges that each of these individuals was involved in a conspiracy to distribute 50 grams or more of methamphetamine in the Eastern District of Tennessee and elsewhere. Kenneth Sholtz, Russell, Weems, Rose, Steelman, Patterson, Thorpe, Whitt, Borror, Derrick, Farner, Fulbright, Hall, Johnson, and Uthe were also each charged with possession of a firearm in furtherance of a drug trafficking crime. Patterson, and Thorpe are each charged with an additional count of possession of a firearm in furtherance of a drug trafficking crime. The indictment also alleges other charges related to the distribution and possession with the intent to distribute methamphetamine as well as the unlawful possession firearms and money laundering.
If convicted of the methamphetamine conspiracy charge, each faces a minimum mandatory prison term of at least 10 years and up to life, at least five years of supervised release, a fine of up to $10,000,000, any applicable forfeiture, and a $100 special assessment. The punishment for the firearm charges returned against Kenneth Sholtz, Russell, Weems, Rose, Steelman, Patterson, Thorpe, Whitt, Borror, Derrick, Farner, Fulbright, Hall, Johnson, and Uthe is a minimum mandatory term of at least five years and up to life in prison, which must be served consecutively to any other prison term imposed, up to five years supervised release, a fine of up to $250,000, and a $100 special assessment. Patterson and Thorpe, on the second firearms charge returned against them, face a minimum mandatory 25 years in prison to life in prison, which must be served consecutively to any other prison term.
The ongoing investigation leading to the indictment was the product of a partnership between the Kingsport Police Department, Bristol Police Department, Sullivan County Sheriff’s Department, Second Judicial Drug Task Force, Hawkins County Sheriff’s Office, Soddy Daisy Police Department, Clinton Police Department, Anderson County Sheriff’s Office, Oliver Springs Police Department, Oak Ridge Police Department, Seventh Judicial District Crime Task Force, Eighth Judicial District Crime Task Force, Campbell County Sheriff’s Office, Bristol Virginia Police Department, Tennessee Highway Patrol, U.S. Marshal Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, and FBI Joint Terrorism Task Force. Assistant U.S. Attorneys J. Gregory Bowman and Robert M. Reeves will represent the United States.
Members of the public are reminded that an indictment constitutes only charges and that every person is presumed innocent until his or her guilt has been proven beyond a reasonable doubt.
The investigation is a result of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
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Erie Woman Who Possessed Fentanyl with Intent to Distribute is Sentenced to Serve 10 Years in Federal PrisonRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, has been sentenced in federal court to 120 months on her conviction of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Tiesha Lasha Henderson, 31.
According to information presented to the court, on March 15, 2017, Henderson possessed with intent to distribute 67.27 grams of fentanyl. The fentanyl was discovered when members of the Erie County Drug Task Force executed a search warrant at Henderson’s residence in Erie, Pennsylvania. According to information provided to the court, Henderson attempted to flush the fentanyl down the toilet before officers executed the warrant. The fentanyl was packaged in three baggies, one of which had been diluted or "cut" for redistribution to other individuals in Erie, Pennsylvania.
Prior to imposing sentence, Judge Cercone commented on the seriousness of the offense and the dangerousness associated with the distribution of fentanyl.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
United States Attorney Brady commended the Erie County Detective Bureau, the Erie Police Department, the Millcreek Township Police Department and the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Henderson.
Erie Man Sentenced to 6 Years in Prison for Crack Cocaine ConspiracyRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, has been sentenced in federal court to 72 months in prison on his conviction of violating federal drug laws, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Delmar R. Tate, 40.
According to information presented to the court, Tate conspired with a co-defendant to possess with intent to distribute and distribute approximately 40 grams of crack cocaine.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
United States Attorney Brady commended the EAGLE task force, which is comprised of members of the Federal Bureau of Investigation, the Pennsylvania Attorney General’s Office, Bureau of Narcotics Investigation and the Erie Police Department for the investigation leading to the successful prosecution of Tate.
Eagle Butte Man Sentenced for Possession of a Firearm by a Prohibited Person and Failure to AppearRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Possession of Firearm by a Prohibited Person and Failure to Appear was sentenced on March 22, 2018, by U.S. District Judge Roberto A. Lange.
Colten Walker Dolphus, age 31, was sentenced to 15 months in custody for Possession of a Firearm by a Prohibited Person and 3 months in custody for Failure to appear, to be run consecutively, followed by 3 years of supervised release, forfeiture of two firearms and ammunition, and a special assessment of $200 to the Federal Crime Victims Fund.
Dolphus was indicted by a federal grand jury on June 14, 2017, for Possession of a Firearm by a Prohibited Person and a Superseding Indictment was filed on December 5, 2017, for Failure to Appear. Dolphus pled guilty to both charges on December 29, 2017.
The firearms charges against Dolphus stem from a traffic stop conducted by the Cheyenne River Sioux Tribal Police on December 9, 2016, on a vehicle in which he was a passenger. At the time of the stop, law enforcement seized a rifle from the front seat of the vehicle, and a 12 gauge sawed off shotgun located in the back seat next to where Dolphus was sitting. He admitted to smoking marijuana on the date of the traffic stop and regularly prior to that time. A blood sample taken from Dolphus tested positive for methamphetamine and marijuana. He admitted that he owned both firearms and agreed to forfeit both of them and the ammunition seized by law enforcement. Besides his drug use, Dolphus also had a prior misdemeanor domestic violence conviction that prohibited him from possessing a firearm.
The failure to appear charges stem from Dolphus’ failure to attend his initial change of plea hearing scheduled for November 14, 2017.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotic Division. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Dolphus was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Distribution of a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man charged with Distribution of a Controlled Substance was sentenced on March 19, 2018, by U.S. District Judge Roberto A. Lange.
Eunice Jamiel Smart, age 28, was sentenced to 6 months in custody, followed by 3 years of supervised release, a $1,000 fine, and a special assessment of $100 to the Federal Victims Fund.
Smart was indicted by a federal grand jury on April 12, 2017, for Distribution of a Controlled Substance. Smart pled guilty on December 19, 2017.
On three occasions, September 10, 22, and 23, 2016, in Eagle Butte, Smart knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Smart was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for ArsonRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Arson was sentenced on March 20, 2018, by U.S. District Judge Roberto A. Lange.
Stuart Turning Heart, age 44, was sentenced to 42 months in custody, followed by 3 years of supervised release, $790 in restitution to the victim, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Turning Heart was indicted by a federal grand jury on November 14, 2017. He pled guilty on December 29, 2017.
The conviction stems from an incident on August 14, 2017, when Turning Heart and his girlfriend had been drinking at a friend’s residence in Eagle Butte, and were asked to leave by the owner as they were being disrespectful and disorderly. The owner then went to the Dollar Store in Eagle Butte, and when he arrived back to his residence a short time later, it was on fire. Law enforcement was called immediately.
During the investigation, law enforcement learned that Turning Heart’s girlfriend saw Turning Heart come running from the victim’s home and say “I finally lit it, I lit the house on fire.” She looked up and saw smoke coming from the house. Law enforcement also interviewed two witnesses who stated that Turning Heart admitted to each of them separately that he had lit the home on fire and was laughing and joking about it.
ATF was called and completed an investigation. They concluded that the fire started at the back of the home where a mattress was lit on fire.
This case was investigated by the Cheyenne River Sioux Tribe and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Turning Heart was immediately turned over to the custody of the U.S. Marshals Service.
Dubuque Man Sentenced to Federal Prison for Unlawfully Possessing GunRead the Press Release
A convicted felon and drug user who unlawfully possessed a loaded gun was sentenced on March 26, 2018, to more than two years in federal prison.
Todd Richard McDonald, age 49, from Dubuque, Iowa, received the prison term after an October 16, 2017, guilty plea to possession of a firearm by a felon and drug user. At the guilty plea, McDonald admitted that on June 15, 2017, he possessed a loaded revolver. McDonald had previously been convicted of a felony theft offense in 1994. He was also an unlawful user of methamphetamine and marijuana. Officers from the Dubuque Police Department found the loaded gun in McDonald’s car during a traffic stop. McDonald also had ammunition, marijuana, and drug paraphernalia in the car.
McDonald was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. McDonald was sentenced to 27 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
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.
McDonald 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 Emily K. Nydle and investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, and Firearms.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-cr-1033.
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Doctor Gets Three Years in Prison for Billing Medicare, Other Insurers $3 Million for Therapy Services Performed by Unqualified PersonnelRead the Press Release
NEWARK, N.J. – A doctor with offices in Paterson, Passaic, and Elizabeth was sentenced today to 36 months in prison for defrauding Medicare and private insurance companies out of $3 million by billing them for over 150,000 physical therapy sessions that were performed by unlicensed and unqualified personnel, U.S. Attorney Craig Carpenito announced.
Anthony J. Enrico, 60, of North Haledon, New Jersey, previously pleaded guilty before U.S. District Judge Kevin McNulty to an information charging him with one count of health care fraud. Judge McNulty imposed the sentence today in Newark federal court.
According to the documents filed in the case and statements made in court:
From January 2007 through May 2016, Enrico billed Medicare and other health insurance providers for physical therapy services that he supposedly provided to his patients. In order for them to be reimbursable, Medicare and private insurers required that physical therapy services be performed only by individuals like Enrico who met certain criteria based on training and certifications.
Enrico admitted that on more than 150,000 occasions, those services were performed at his direction by individuals who lacked the necessary training and certifications, resulting in him fraudulently obtaining approximately $3 million from Medicare and private insurers.
In addition to the prison term, Judge McNulty sentenced Enrico to three years of supervised release and ordered him to pay restitution of $3 million.U.S. Attorney Carpenito credited special agents of the U.S. Department of Health and Human Services – Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, and the FBI, under the direction of Acting Special Agent in Charge Bradley W. Cohen in Newark, with the investigation.
The government is represented by Senior Litigation Counsel Joseph N. Minish of the U.S. Attorney’s Health Care and Government Fraud Unit and Assistant U.S. Attorney Elaine Lou of the U.S. Attorney’s Office Criminal Division in Newark.
The New Jersey U.S. Attorney’s Office reorganized its health care practice in 2010 and created a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since that time, the office has recovered more than $1.38 billion in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.
Defense counsel: Christopher D. Adams Esq., Holmdel, New Jersey
District Man Indicted on Health Care Fraud ChargesRead the Press Release
WASHINGTON – Tarek Abou-Khatwa, also known as Dean Addem, 58, of Washington, D.C., has been indicted on charges that he defrauded CareFirst, a health care benefit program, and through his scheme, gained for himself in excess of $2 million.
The indictment was announced by U.S. Attorney Jessie K. Liu, Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Stephen C. Taylor, Commissioner of the District of Columbia Department of Insurance, Securities and Banking.
Abou-Khatwa was arrested earlier today and pled not guilty to the charges this afternoon in the U.S. District Court for the District of Columbia. He was released on high-intensity supervision pending a status hearing set for April 10, 2018. The 24-count indictment charges him with violations of health care fraud, false statements to a health care benefit program, wire and mail fraud, and identity theft, which is a District of Columbia Code offense. The indictment also includes a forfeiture allegation seeking all proceeds that can be traced to the fraud scheme. The indictment was returned on March 20, 2018, and unsealed today.
According to the indictment, Abou-Khatwa defrauded CareFirst BlueCross BlueShield (“CareFirst”) a not-for-profit, private health care benefit program, offering health insurance plans for individuals and groups, as well as other products. Group health insurance coverage is a policy purchased by an employer and offered to eligible employees (and often to the employees’ family members) as a benefit of working for that employer.
The insurance premium rates for group contracts at issue in this indictment were based on multiple factors, the most significant one being the average age of the covered employees listed on the census and wage/tax forms for the employer groups. Abou-Khatwa, through his company, was a broker for CareFirst until May 2011, and received commissions from CareFirst as his compensation as a broker; later he continued to work through other CareFirst brokers.
According to the indictment, Abou-Khatwa defrauded CareFirst by creating fake groups of insured individuals, which included both fictitious names and real people with altered years of birth, to fraudulently obtain lower insurance premium quotes from CareFirst; once the premium rates were set, he had the CareFirst invoices sent directly to him instead of his clients, marked up the insurance premiums charged by CareFirst, and pocketed the difference between the two. Through this scheme, Abou-Khatwa allegedly fraudulently siphoned off in excess of $2 million in illegal proceeds, and diverted the proceeds of the fraud for his personal use and benefit.
The indictment further states that when CareFirst undertook audits of the employer groups, Abou-Khatwa submitted false employee census reports and wage/tax forms to CareFirst to justify the listings of employees in the shell company contracts.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
In announcing the charges, U.S. Attorney Liu, Assistant Director in Charge Vale, and Commissioner Taylor expressed appreciation for the work performed by Special Agents and forensic accountants from the FBI’s Washington Field Office and fraud investigators from the District of Columbia Department of Insurance, Securities and Banking. They also acknowledged the efforts of those working on the case from the U.S. Attorney’s Office, including former Forensic Accountant Crystal Boodoo and current Forensic Accountant Bryan Snitselaar; former Assistant U.S. Attorneys Christopher Kavanaugh, Philip A. Selden, and Richard DiZinno; Assistant U.S. Attorneys Kendra Briggs and Peter Lallas; former Paralegal Specialists John Lowell, Angela Lawrence, and Jessica Mundi; Paralegal Specialists Donna Galindo, Joshua Fein, and Aisha Keys, and Litigation Technology Specialist Claudia Gutierrez. Finally, they commended the work of Assistant U.S. Attorney Diane Lucas, who is assisting with forfeiture issues, and Assistant U.S. Attorney Virginia Cheatham, who is prosecuting the case.
District Court Enters Permanent Injunction and Civil Penalty Against Utah-Based TelemarketersRead the Press Release
A federal court entered an order against three Utah-based telemarketing companies and their owner, the Department of Justice announced today. That order permanently enjoins them from engaging in deceptive and abusive telemarketing practices. The order also imposes a civil monetary penalty.
The Department filed a complaint in May 2011, alleging that the defendants, Feature Films for Families Inc., Corporations for Character L.C., Family Films of Utah Inc., and Forrest S. Baker III, committed widespread violations of the FTC Act and Telemarketing Sales Rule in various telemarketing campaigns to sell DVDs and movie tickets, and in charitable solicitation call campaigns. The complaint alleged that the defendants: (1) made multiple deceptive claims regarding the use of sales proceeds and charitable donations and the sales purpose of calls; (2) placed millions of calls to phone numbers on the National Do Not Call Registry under the guise of survey and informational calls; (3) ignored consumers’ prior do-not-call requests; (4) transmitted inaccurate caller-identification information; (5) failed to make required oral disclosures; and (6) abandoned calls.
“Unwanted telemarketing calls invade the privacy of American consumers,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice will continue to work with the Federal Trade Commission to ensure telemarketers adhere to laws designed to protect against abusive and deceptive telemarketing practices.”
On May 25, 2016, following eight days of trial, a jury found the defendants committed more than 117 million knowing violations of the Telemarketing Sales Rule, including 99 million calls to phone numbers on the Do Not Call Registry, and more than four million additional calls in which they made misleading statements to induce DVD sales. The verdict was the first-ever in an action to enforce the Telemarketing Sales Rule and Do Not Call Registry rules.
The stipulated final order, entered by the district court, permanently enjoins the defendants from making material misrepresentations or omissions in the course of marketing entertainment products, services, or recordings, and from violating any provision of the Telemarketing Sales Rule. The stipulated order also imposes a civil penalty judgment of approximately $45.4 million, of which all but $487,735 is conditionally suspended based on the defendants’ inability to pay the entire penalty.
“As this case demonstrates, the FTC is aggressively pursuing law enforcement action against those that violate our nation’s Do Not Call rules, including those that use deception to secure sales or donations,” said Tom Pahl, Acting Director of the FTC’s Bureau of Consumer Protection.
This matter was handled by Trial Attorneys Arturo DeCastro and David A. Frank of the Civil Division’s Consumer Protection Branch, with assistance from Attorney Michael Tankersley of the Federal Trade Commission and the U.S. Attorney’s Office for the District of Utah.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch.
District Court Enters Permanent Injunction and Civil Penalty Against Utah-Based TelemarketersRead the Press Release
WASHINGTON – A federal court entered an order against three Utah-based telemarketing companies and their owner, the Department of Justice announced today. That order permanently enjoins them from engaging in deceptive and abusive telemarketing practices. The order also imposes a civil monetary penalty.
The Department filed a complaint in May 2011, alleging that the defendants, Feature Films for Families Inc., Corporations for Character L.C., Family Films of Utah Inc., and Forrest S. Baker III, committed widespread violations of the FTC Act and Telemarketing Sales Rule in various telemarketing campaigns to sell DVDs and movie tickets, and in charitable solicitation call campaigns. The complaint alleged that the defendants: (1) made multiple deceptive claims regarding the use of sales proceeds and charitable donations and the sales purpose of calls; (2) placed millions of calls to phone numbers on the National Do Not Call Registry under the guise of survey and informational calls; (3) ignored consumers’ prior do-not-call requests; (4) transmitted inaccurate caller-identification information; (5) failed to make required oral disclosures; and (6) abandoned calls.
“Unwanted telemarketing calls invade the privacy of American consumers,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice will continue to work with the Federal Trade Commission to ensure telemarketers adhere to laws designed to protect against abusive and deceptive telemarketing practices.”
On May 25, 2016, following eight days of trial, a jury found the defendants committed more than 117 million knowing violations of the Telemarketing Sales Rule, including 99 million calls to phone numbers on the Do Not Call Registry, and more than four million additional calls in which they made misleading statements to induce DVD sales. The verdict was the first-ever in an action to enforce the Telemarketing Sales Rule and Do Not Call Registry rules.
The stipulated final order, entered by the district court, permanently enjoins the defendants from making material misrepresentations or omissions in the course of marketing entertainment products, services, or recordings, and from violating any provision of the Telemarketing Sales Rule. The stipulated order also imposes a civil penalty judgment of approximately $45.4 million, of which all but $487,735 is conditionally suspended based on the defendants’ inability to pay the entire penalty.
“As this case demonstrates, the FTC is aggressively pursuing law enforcement action against those that violate our nation’s Do Not Call rules, including those that use deception to secure sales or donations,” said Tom Pahl, Acting Director of the FTC’s Bureau of Consumer Protection.
This matter was handled by Trial Attorneys Arturo DeCastro and David A. Frank of the Civil Division’s Consumer Protection Branch, with assistance from Attorney Michael Tankersley of the Federal Trade Commission and the U.S. Attorney’s Office for the District of Utah.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch.
Davenport Man Sentenced for Theft of Government FundsRead the Press Release
DAVENPORT, Iowa-- On March 22, 2018, Timothy George Brandon Svejda, age 33, of Davenport, was sentenced by United States District Court Judge Stephanie M. Rose to three years of probation, after pleading guilty to theft of government funds from the United States Army National Guard Recruiting Assistance Program (G-RAP), announced United States Attorney Marc Krickbaum. Svejda was ordered to pay $9,000 in restitution.
In 2005, the United States Army National Guard created the G-RAP to assist in meeting recruitment goals. This program allowed National Guard soldiers to become independent contractors, referred to as Recruiting Assistants, and in return for compensation, recruit potential soldiers for enlistment. Depending on the enlistee’s grade and military occupational specialty, Recruiting Assistants could receive from $2,000 to $7,500 per new enlistee. This program was funded by the United States Government.
In 2006, Svejda was honorably discharged from the United States Army. From 2006 to 2011, Svejda was authorized to act as a Recruiting Assistant. Between December 2010 and July 2011, Svejda used the G-RAP to knowingly and intentionally apply for and claim fraudulent benefits for the recruitment of five potential soldiers and received $9,000 of funds belonging to the United States Government. At the time he applied for and received these benefits, Svejda knew he was not entitled to these funds.
This investigation was conducted by the United States Army, Criminal Investigation Command, Rock Island Fraud Resident Agency. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Connecticut Woman Sentenced to 33 Months for Bank RobberiesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Cara M. Blewitt, 31, of Oakville, Connecticut was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr., to 33 months in prison and three years of supervised release for aiding and abetting bank robbery and Hobbs Act robbery. The charges arose from the robberies of a TD Bank branch and a Dollar Tree store. The defendant pleaded guilty on October 11, 2017.
Court records reveal that on May 28, 2017, the defendant’s husband, Seth Blewitt robbed a TD Bank branch in Bangor. He entered the bank, approached a teller, and said, “I’m actually robbing you. I want all of your money, no dye packs or GPS trackers.” He was wearing a black knit hat, sunglasses, gloves, and a plaid shirt. The teller complied and Seth Blewitt absconded with a bag of cash.
The next day, Seth Blewitt robbed the Dollar Tree store in Bangor with a shotgun. He was wearing a mask and sunglasses and he demanded that a cashier open the register. When the cashier said that she could not open the register, he struck the register with the shotgun. The cashier yelled for the manager and the manager opened the register and gave Seth Blewitt cash. He absconded with the cash.
The defendant served as the getaway driver for both robberies. Officers from the Bangor Police Department arrested the defendant and her husband within minutes of the Dollar Tree store robbery.
Seth J. Blewitt pleaded guilty to both robberies on November 30, 2017. He is scheduled to be sentenced on April 11, 2018.
The investigation was conducted by the Bangor Police Department; the Federal Bureau of Investigation; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Clairton Man Pleads Guilty in Cocaine Trafficking ConspiracyRead the Press Release
PITTSBURGH, PA. - A resident of Clairton, Pennsylvania, pleaded guilty in federal court to conspiring to distribute narcotics, United States Attorney Scott W. Brady announced today.
Kevin Jackson, 35, pleaded guilty to one count of conspiring with 20 other individuals, between March and August 2017, to distribute narcotics. In connection with the guilty plea, the court was advised that Jackson was responsible for the distribution of between 100 and 400 grams of heroin, which he purchased from his codefendant, Skyler Carter, in the Clairton, Pennsylvania area. He is the sixth of 21 defendants charged in the case to enter a plea of guilty.
Judge Arthur J. Schwab scheduled sentencing for August 30, 2018, at 9:30 a.m. Jackson has a prior felony drug conviction, and as such, he is subject to enhanced penalties. The law provides for a maximum total sentence of 30 years in prison, a fine of not more than $2 million, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed will depend upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Jackson remains incarcerated pending the sentencing hearing.
Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Allegheny County Sheriff’s Office, the Allegheny County Police Department, and the Pittsburgh Bureau of Police. The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Chamberlain Woman Charged with Embezzlement and TheftRead the Press Release
United States Attorney Ron Parsons announced that a Chamberlain, South Dakota, woman has been indicted by a federal grand jury for Embezzlement and Theft from an Indian Tribal Organization.
Lana Steele, age 53, was indicted on March 13, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 19, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between November 2013 and November 2015, Steele embezzled, stole, willfully misapplied and permitted to be misapplied, and converted to her own use more than $1,000 of monies, funds, credits, goods, assets, and other property belonging to the Crow Creek District Business Committee, an Indian Tribal organization.
The charge is merely an accusation and Steele is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Steele was released on bond pending trial, which has not been set.
Brooklyn Gang Member Sentenced to 10 Years’ Imprisonment for Firearms Offenses and Drug TraffickingRead the Press Release
Earlier today, in federal court in Brooklyn, Jason Soto, a member of the “Cypress Gangster Crips” street gang, was sentenced by United States District Judge I. Leo Glasser to 10 years’ imprisonment following his conviction at trial for selling a firearm to a convicted felon, unlawfully possessing a firearm and drug trafficking. In January 2018, following an evidentiary hearing, the Court found that Soto had killed Shakim Rivera in February 2015, and also that Soto had intended to poison an elderly woman in April 2016.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the sentence.
“With today’s sentence, Soto has been held to account for the myriad crimes he committed at the Cypress Hills Houses, including the murder of a gang rival,” stated United States Attorney Donoghue. “This Office, together with our law enforcement partners, will be relentless in protecting the residents of communities plagued by gang violence from criminals like the defendant who has demonstrated a callous disregard for human life.”
“It is truly astonishing to see how the deadly actions of a few impact a majority of members in a community,” stated FBI Assistant Director-in-Charge Sweeney. “These gang members use threats and actual violence to sow fear, creating their own turf of criminal activity in a place where people just want be safe. The FBI New York Metro Safe Streets Task Force won’t slow down or ease off our pursuit of these violent gangs.”
As proven at trial, in May 2016, Soto sold a .44 caliber Taurus Special revolver to a confidential informant whom Soto knew to be a convicted felon. Two months earlier, Soto sold the same informant 28 bags of crack cocaine. Soto, who has prior felony convictions for assault and robbery, committed the charged crimes while under investigation by the FBI and the NYPD, which conducted a long-term investigation into crime and violence plaguing the residents of the Cypress Hills Houses, a New York City Housing Authority complex in the East New York neighborhood of Brooklyn.
A court-authorized wiretap of Soto’s phone revealed evidence of other crimes, including Soto discussing the planning and commission of robberies, assaults and murders.
At a hearing held prior to sentencing, the government presented evidence that Soto lured Shakim Rivera to Canarsie where he shot him in the back of the head because he believed Rivera was responsible for the murder of another member of the Cypress Gangsta Crips, Demetrius Graham, three days earlier. The government also proved that Soto had discussed his intent to poison an elderly woman with narcotics because she asked his family about a $100 debt he owed. Soto, in his words, said he was going to “put pain on some 80-year-old chick.” Members of the FBI and the NYPD were able to prevent the planned attack.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Margaret E. Gandy, Andrey Spektor and David N. Gopstein are in charge of the prosecution.
The Defendant:
Jason Soto
Age: 29
Brooklyn, New YorkE.D.N.Y. Docket No. 16-CR-298 (S-1) (ILG)
Bronx Man Charged in Connection with Shooting of Livery Cab DriverRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Ashan M. Benedict, the Special Agent-in-Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and James P. O’Neill, the Police Commissioner of the City of New York (“NYPD”), announced the arrest of MARIO POWELL for the armed robbery and shooting of a livery cab driver on March 17, 2018. POWELL was arrested on Friday, March 23, 2018, by the ATF and the NYPD, and was presented before U.S. Magistrate Judge Kevin Nathaniel Fox in Manhattan federal court on March 24, 2018.
According to the allegations in the Complaint:[1]
On March 17, 2018, POWELL called a livery cab in the Bronx, and directed the driver to a particular destination. After arriving at the drop-off location, POWELL threatened the driver with a gun and demanded cash. The driver handed over $23 in cash. POWELL exited the cab and then shot the driver seven times.
* * *
POWELL, 27, of the Bronx, New York, is charged with one count of Hobbs Act robbery, which carries a maximum sentence of 20 years in prison, and one count of discharging a firearm during a Hobbs Act robbery, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the efforts of the ATF and NYPD in this case.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Mollie Bracewell is in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Baldwin County Man Receives 29 Month Sentence for Illegal Possession of a FirearmRead the Press Release
The United States Attorney, Richard W. Moore, announces that Donald W. Bruggeman, a 49 year old, resident of Robertsdale, Alabama was sentenced to 29 months of incarceration followed by three years of supervised release for possession of a firearm after being convicted of a felony.
On July 22, 2017, Baldwin County, Alabama deputies went to Bruggeman’s residence to arrest him for outstanding felony warrants that included one for domestic abuse of his wife. He was not home, but his wife was and she said Bruggeman might be armed. Deputies located Bruggeman by tracking his cell phone. As they approached the area where his cell phone indicated he was, deputies saw Bruggeman headed in the direction of his residence. Deputies attempted to conduct a traffic stop by activating the blue lights. Bruggeman did not stop and instead sped up, pulled into his driveway, stopped the vehicle, jumped out and fled on foot into the woods by his residence. Officers did not give chase because they believed he might be armed. Instead, they secured the area and the vehicle. Inside the vehicle deputies saw and seized a Savage, model Stevens 15A, .22 caliber rifle. Deputies seized the firearm based on his wife’s complaint.
Two days later, Bruggeman was arrested and after Miranda warnings, confessed to possession of the firearm. At that time, Bruggeman had been convicted of one felony, namely, Forgery, Making or Altering a Writing, on February 16, 1999, in the Circuit Court of Jefferson County, Missouri. Bruggeman pled guilty on December 20, 2017.
The Federal Bureau of Investigation along with the Baldwin County Sheriff’s Office investigated the case and presented it to the United States Attorney’s Office for prosecution. The prosecutor assigned to the case was Assistant United States Attorney, Gina S. Vann.
Assistant School Band Director Convicted of Distribution of Child PornographyRead the Press Release
CORPUS CHRISTI, Texas - A 28-year-old Corpus Christi man has admitted he distributed child pornography, announced U.S. Attorney Ryan K. Patrick.
In November 2017, an electronic chat room company notified the National Center for Missing and Exploited Children (NCMEC) that a known image of child pornography had been uploaded to an internet chat room. Authorities were able to link the specific IP address associated with a user known as “jack” to Parker J. Pendergraph.
Law enforcement determined Pendergraph was employed as an assistant band director for a local high school and middle school and obtained a search warrant for his residence. At that time, authorities seized several digital devices that led to the discovery of the known image of child pornography uploaded to the chat room. In addition, law enforcement also located more than 500 images and 390 images of child erotica.
The image uploaded to the chat room was located on one of Pendergraph’s digital devices. The image depicted a minor female approximately 14 years of age that is nude and sitting on a chair with her knees bent exposing her vagina to the camera. Pendergraph was shown the image, after which he admitted to uploading it.
Pendergraph also acknowledged going to chat sites and wanting to trade pictures of nude girls. He further stated he had seen images of child pornography on his computer for almost a year.
Today, Pendergraph admitted he knew the image he distributed was child pornography.
Sentencing is set before U.S. District Judge Nelva Gonzalez Ramos on July 19, 2018. At that time, Pendergraph faces a minimum of five and up to 20 years in federal prison and a possible $250,000 maximum fine. Upon completion of any prison term imposed, Pendergraph also faces a maximum of life on supervised release during which time the court can impose a number of special conditions designed to protect children and prohibit the use of the internet.
Immigration and Customs Enforcement’s Homeland Security Investigations and Corpus Christi Police Department’s – Internet Crimes Against Children Task Force conducted the investigation with the assistance of NCMEC.
Assistant U.S. Attorney Hugo R. Martinez is prosecuting the case, which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Armed career criminal sentenced to 25 years for violent carjackingRead the Press Release
ATLANTA – Jeff North, a previously convicted felon, has been sentenced to 25 years in federal prison for committing a violent carjacking and shooting the victim, and for unlawfully possessing a firearm.
“North callously shot the carjacking victim at close range when he refused to surrender his vehicle,” said U.S. Attorney Byung J. “BJay” Pak. “As a felon, with several prior convictions for violent crimes and drug offenses, North shows no regard for the rule of law, and contempt for law abiding citizens. This sentence will remove him from our streets and put him in federal prison where he will serve a lengthy sentence.”
“Jeff North is a convicted felon who will be off of our streets and unable to victimize anyone for a long time,” said Acting Special Agent in Charge John Schmidt. “He will no longer be in a position to possess or use firearms. The sentence imposed by the court guarantees that our community will be safe from Mr. North for a very long time.”
According to U.S. Attorney Pak, the charges and other information presented in court: On March 23, 2015, an Atlanta Police officer was on routine patrol when a person, who was later identified as the victim of a carjacking, flagged him down. The victim, whose shirt was soaked in blood, reported that someone had just shot him and stolen his van. The victim then pointed toward the van as it was fleeing the scene. The police officer stopped the van, and arrested North, who was driving the van at the time. Inside the vehicle, the officer found a revolver along with the victim’s wallet and identification.
At the time of the carjacking, North was a six-time convicted felon, with prior convictions for robbery, aggravated assault, aggravated battery, possession with intent to distribute heroin and cocaine, and possession of a firearm during the commission of a felony.
Jeff North, 54, of Atlanta, Georgia was sentenced to 25 years in prison to be followed by three years of supervised release. The court also ordered North to pay $36,010.71, in restitution. After a trial, a jury convicted North on December 7, 2017.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Atlanta Police Department.
Assistant U.S. Attorney Ryan J. Huschka prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct
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.
Albuquerque Man Sentenced to Twelve Years for Brandishing Short-Barreled Shotgun During Armed Robbery of Convenience StoreRead the Press Release
ALBUQUERQUE – William L. Thrash, 51, of Albuquerque, N.M., was sentenced today in federal court to 144 months in prison for violating the federal firearms laws by brandishing a short-barreled shotgun during the armed robbery of an Albuquerque-area convenience store in March 2017. Thrash will be on supervised release for three years after completing his prison sentence.
Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Thrash in Sept. 2017, on a criminal complaint. The criminal complaint charged Thrash with violating the Hobbs Act by robbing two businesses engaged in interstate commerce at gunpoint, brandishing a firearm during crimes of violence, and being a felon in possession of a firearm. According to the criminal complaint, Thrash committed one of the Hobbs Act robberies by robbing an Albuquerque-area convenience store on March 14, 2017, and the second robbery by robbing a medical marijuana dispensary located in Bernalillo County, N.M., on April 15, 2017.
On April 19, 2017, officers of the Albuquerque Police Department (APD) arrested Thrash on state charges, which have since been dismissed in favor of federal prosecution, while executing a state search warrant at a hotel room in which Thrash was residing. During the search, the officers seized a firearm and ammunition. At the time, Thrash was prohibited from possessing firearms or ammunition because he previously had been convicted on numerous felony offenses, including being a felon in possession of a firearm, auto burglary, escape, child abuse or abandonment, battery on a peace officer, and possession of a deadly weapon or an explosive by a prisoner.
On Dec. 13, 2017, Thrash pled guilty to a felony information charging him with using and brandishing a firearm during a crime of violence. In entering the guilty plea, Thrash admitted brandishing a short-barreled shotgun at store employees when he robbed an Albuquerque-area convenience store on March 14, 2017.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney George C. Kraehe as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of removing them from communities in New Mexico for as long as possible.
"Operation Juggernaut": Six Cherokee County Individuals Plead Guilty to Drug or Firearm ChargesRead the Press Release
“OPERATION JUGGERNAUT”
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that:
Dave Ellis Wilson, aka Jughead, age 44, of Tahlequah, Oklahoma pled guilty to Distribution Of Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), punishable by not more than potentially 30 years imprisonment, and up to a $2,000,000.00 fine or both.
Gary Edward Scott, age 39, of Tahlequah, Oklahoma pled guilty to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not less than 5, not more than 40 years imprisonment, not less than 4 years supervised release, and up to a $5,000,000.00 fine or both.
Mary Ann Scott, age 42, of Tahlequah, Oklahoma pled guilty to Possession Of Methamphetamine With Intent To Distribute, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not less than 5 years, not more than 40 years imprisonment, not less than 4 years supervised release, and up to a $5,000,000.00 fine or both; however, should the court determine she has a prior qualifying drug conviction, it is punishable by not less than 10 years, not more than life imprisonment, and up to a $8,000,000.00 fine or both.
Jason Fred Fortner, age 43, of Hulbert, Oklahoma pled guilty to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not less than 5, not more than 40 years imprisonment, not less than 4 years supervised release, and up to a $5,000,000.00 fine or both.
Anthony Lewayne Byfield, age 29, of Tahlequah, Oklahoma pled guilty to Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, and up to a $250,000.00 fine or both.
Christopher Andrew Loveall, age 25, of Tahlequah, Oklahoma pled guilty to Illegal Receipt Of A Firearm By A Person Under Indictment Or Information, in violation of Title 18, United States Code, Sections 922(n) and 924(a)(1)(D), punishable by not more than 60 months imprisonment, and up to a $250,000.00 fine or both.
The Indictment alleged that on or about November 7, 2017, within the Eastern District of Oklahoma, the defendant, DAVE ELLIS WILSON, did knowingly and intentionally distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The Indictment alleged that on or about September 30, 2017, within the Eastern District of Oklahoma, the defendant, GARY EDWARD SCOTT, did knowingly and intentionally possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The Indictment alleged that on or about January 31, 2017, within the Eastern District of Oklahoma, the defendant, MARY ANN SCOTT, did knowingly and intentionally possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The Indictment alleged that on or about January 25, 2017, within the Eastern District of Oklahoma, the defendant, JASON FRED FORTNER, did knowingly and intentionally possess with intent to distribute, 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The Indictment alleged that on or about January 3, 2018, within the Eastern District of Oklahoma, the defendant, ANTHONY LEWAYNE BYFIELD, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, to-wit: One (1) Mossberg, Model 500C, 20 gauge pump action shotgun, serial number J483782, which had been shipped and transported in interstate commerce.
The Indictment alleged that on or about December 9, 2017, within the Eastern District of Oklahoma, the defendant, CHRISTOPHER ANDREW LOVEALL, who was then under Indictment or Information for a crime punishable by imprisonment for a term exceeding one year, did willfully receive firearms to wit: One (1) Ruger, Blackhawk, .45 caliber revolver, serial number 46-54431, which had been shipped and transported in interstate commerce.
The charges arose from a joint investigation entitled “Operation Juggernaut” coordinated as part of the Project Safe Neighborhoods effort in the Eastern District of Oklahoma to reduce gun and related drug crime. Project Safe Neighborhoods is an initiative led and coordinated by the Office of the United States Attorney. The agencies involved in the investigation were, the Tahlequah Police Department, the Cherokee County Sheriff’s Office, the Cherokee Nation Marshal Service, the District 27 District Attorney’s Office, the Oklahoma Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of presentence investigation reports.
Assistant United States Attorney Dean Burris represented the United States.
Friday 23 March 2018
Zuni Pueblo Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Raylan Reano, 25, an enrolled member and resident of Zuni Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to an involuntary manslaughter charge.
Reano was arrested in Dec. 2017, on an indictment charging him with killing a woman on Oct. 23, 2016, on the Zuni Pueblo in McKinley County, N.M. According to the indictment, Reano killed the victim while driving under the influence of alcohol.
During today’s proceedings, Reano pled guilty to the indictment charging him with involuntary manslaughter and admitted killing the victim while driving recklessly while under the influence of alcohol. Reano acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle.
At sentencing, Reano faces a maximum statutory penalty of eight years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department and Assistant U.S. Attorney Sarah Mease is prosecuting the case.
Wyoming Military Department Found Liable for Subjecting Employee to Sexual HarassmentRead the Press Release
WASHINGTON –The Justice Department today announced that on March 21, 2018, a federal district court in Casper, Wyoming, found that the Wyoming Military Department (WMD) discriminated against former employee Amanda Dykes by subjecting her to sexual harassment and constructively discharging her. The verdict was returned after a July 2017 bench trial during which the Justice Department produced evidence that the defendant violated Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, national origin, sex, and religion.
The evidence produced at trial showed that Dykes was subjected to sexual harassment by her direct supervisor, former employee Don Smith, when both worked at WMD’s Wyoming Youth Challenge Program. Smith subjected Dykes to persistent, unwelcomed conduct including poems, songs, and emails professing his affection and love for her as well as constant visits to her office. These intensified to such a degree that Dykes asked her subordinates to help her avoid being left alone with her supervisor.
Dykes reported the supervisor’s conduct to her employer’s human resources department as well as to his direct supervisor, but received no assistance in remedying the harassment. The court found that harassing behavior persisted for over 18 months despite Dykes’ numerous complaints, that no reasonable employee could be expected to remain in her job under these circumstances, and that Dykes had no choice but to resign her position in September 2011 to avoid the continued harassment.
The district court ordered WMD to pay $221,030.62 to Dykes for the salary and benefits she lost as a result of her constructive discharge.
This judgment represents the first successful sexual harassment trial verdict obtained in a Title VII case since the launch of the Civil Rights Division’s Sexual Harassment in the Workplace Initiative (SHWI), which focuses on workplace sexual harassment in the public sector.
As part of the Initiative, the Justice Department will continue to bring sex discrimination claims against state and local government employers with a renewed emphasis on sexual harassment charges. The Department will also work to develop effective remedial measures that can be used to hold public sector employers accountable where Title VII violations have been found, including identifying changes to existing employer practices and policies that will result in safe work environments. More information about the Civil Rights’ Division’s Sexual Harassment in the Workplace Initiative can be found here.
“The Justice Department vigorously enforces Title VII to ensure that people can work free from sexual harassment and retaliation,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The verdict sends the clear message that this Justice Department will continue to effectively combat sexbased discrimination whenever it occurs in a public sector workplace.”
Dykes originally filed her sexual harassment charge against the WMD with the Denver Field Office of the Equal Employment Opportunity Commission (EEOC), which investigated and determined that there was reasonable cause to believe that discrimination had occurred and referred the matters to the Department of Justice.
More information about Title VII and other federal employment laws is available at the division’s Employment Litigation Section website. The continued enforcement of Title VII is a priority of the Civil Rights Division. Additional information about the Civil Rights Division of the Department of Justice is available on the division website.
EEOC enforces federal laws prohibiting employment discrimination. Further information about EEOC is available on its website. The United States was represented in this case by Robert Galbreath, Torie Atkinson, Brian McEntire, and Patty Stasco.
Wyoming Military Department Found Liable for Subjecting Employee to Sexual HarassmentRead the Press Release
The Justice Department today announced that on March 21, 2018, a federal district court in Casper, Wyoming, found that the Wyoming Military Department (WMD) discriminated against former employee Amanda Dykes by subjecting her to sexual harassment and constructively discharging her. The verdict was returned after a July 2017 bench trial during which the Justice Department produced evidence that the defendant violated Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, national origin, sex, and religion.
The evidence produced at trial showed that Dykes was subjected to sexual harassment by her direct supervisor, former employee Don Smith, when both worked at WMD’s Wyoming Youth Challenge Program. Smith subjected Dykes to persistent, unwelcomed conduct including poems, songs, and emails professing his affection and love for her as well as constant visits to her office. These intensified to such a degree that Dykes asked her subordinates to help her avoid being left alone with her supervisor.
Dykes reported the supervisor’s conduct to her employer’s human resources department as well as to his direct supervisor, but received no assistance in remedying the harassment. The court found that harassing behavior persisted for over 18 months despite Dykes’ numerous complaints, that no reasonable employee could be expected to remain in her job under these circumstances, and that Dykes had no choice but to resign her position in September 2011 to avoid the continued harassment.
The district court ordered WMD to pay $221,030.62 to Dykes for the salary and benefits she lost as a result of her constructive discharge.
This judgment represents the first successful sexual harassment trial verdict obtained in a Title VII case since the launch of the Civil Rights Division’s Sexual Harassment in the Workplace Initiative (SHWI), which focuses on workplace sexual harassment in the public sector.
As part of the Initiative, the Justice Department will continue to bring sex discrimination claims against state and local government employers with a renewed emphasis on sexual harassment charges. The Department will also work to develop effective remedial measures that can be used to hold public sector employers accountable where Title VII violations have been found, including identifying changes to existing employer practices and policies that will result in safe work environments. More information about the Civil Rights’ Division’s Sexual Harassment in the Workplace Initiative can be found here.
“The Justice Department vigorously enforces Title VII to ensure that people can work free from sexual harassment and retaliation,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The verdict sends the clear message that this Justice Department will continue to effectively combat sex-based discrimination whenever it occurs in a public sector workplace.”
Dykes originally filed her sexual harassment charge against the WMD with the Denver Field Office of the Equal Employment Opportunity Commission (EEOC), which investigated and determined that there was reasonable cause to believe that discrimination had occurred and referred the matters to the Department of Justice.
More information about Title VII and other federal employment laws is available at the division’s Employment Litigation Section website. The continued enforcement of Title VII is a priority of the Civil Rights Division. Additional information about the Civil Rights Division of the Department of Justice is available on the division website.
EEOC enforces federal laws prohibiting employment discrimination. Further information about EEOC is available on its website.
The United States was represented in this case by Robert Galbreath, Torie Atkinson, Brian McEntire, and Patty Stasco.
Warrenton Man Accused of Making False Distress Calls Prompting Coast Guard Rescue ResponsesRead the Press Release
PORTLAND, Ore. – Bud O’Neil Burkleo, 35, of Warrenton, Oregon made an initial appearance today in federal court before U.S. Magistrate Judge John V. Acosta.
The court unsealed a five-count indictment alleging Burkleo made four hoax distress calls to the U.S. Coast Guard between April and November of 2016. In response to each call, the Coast Guard dispatched rescue personnel in an attempt to protect life and property. Burkleo is also alleged to have lied to federal investigators.
Burkleo was released pending trial. A two-day jury trial is scheduled for May 29, 2018 before U.S. District Court Judge Michael W. Mosman.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Virginia Beach Man Arrested for Threatening a Member of CongressRead the Press Release
NORFOLK, Va. – A Virginia Beach man was arrested today on charges of threatening to murder and assault a member of Congress.
According to court documents, Wallace Grove Godwin, 69, visited the Virginia Beach Office of Congressman Scott Taylor yesterday. After apparently becoming frustrated during a discussion about marijuana policy, Godwin made the following statement to a staff member for the Congressman: “Scott is having an event this Saturday. I am going to get my shotgun and do something about this. I will just handle this myself.” Godwin then pointed at two staffers in the room and stated, “You two are next.”
According to court documents, these recent threats follow two aggressive interactions that Godwin had in 2017, one in which Godwin visited Congressman Taylor’s private residence and interacted directly with Congressman Taylor outside his home. During another incident Godwin visited the Virginia Beach office and yelled at congressional staff members.
Godwin is scheduled to make his initial appearance today at the federal courthouse in Norfolk at 2:30 p.m.
Godwin has been charged with threatening to murder and assault a United States official, and faces a maximum penalty of 10 years in prison, if convicted. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Matthew R. Verderosa, Chief of Police of the U.S. Capitol Police, made the announcement. Assistant U.S. Attorney Daniel T. Young is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-mj-166.
United States Intervenes in Lawsuit Against Oviedo Company and Local Businessman Alleging Medicare FraudRead the Press Release
Orlando, Florida – The United States filed a civil lawsuit today against Central Medical Systems, LLC (CMS) and Alan Trent Harley alleging that they had falsely billed Medicare for wound care supplies during a six-year period. The complaint alleges that CMS and its owner, Harley, violated the federal False Claims Act by seeking and receiving inflated Medicare payments for more expensive products than had been provided to patients or for products that were never sent.
According to the government’s allegations, multiple former employees reported that Harley routinely changed quantities of items while billing and manipulated orders in CMS’s billing software. The government’s suit also alleges that CMS billed Medicare for thousands more products than it had purchased.
The lawsuit was filed under the qui tam provisions of the False Claims Act, which permits private parties to sue on behalf of the United States for false claims for government funds and to receive a share of any recovery. Jael Cancel, the office manager of CMS, filed the whistleblower lawsuit in 2014. The Act also allows the government to intervene or take over the lawsuit, as it has done in this case, and to recover treble damages plus civil penalties ranging from $5,500 to $11,000 for each false claim the defendants submitted.
The claims asserted against CMS and Harley are allegations only, and there has been no determination of liability.
This case was investigated by the Department of Justice and the U.S. Department of Health and Human Services – Office of Inspector General. It is being prosecuted by Assistant United States Attorney Jeremy Bloor.
Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
United States Attorney Announces Charges Against More Than Two Dozen Felons in Law Enforcement Surge to Reduce Violent CrimeRead the Press Release
Several charged in a conspiracy with stealing nearly one-hundred firearms from licensed dealers in Kentucky
LOUISVILLE, Ky. – United States Attorney Russell M. Coleman announced that the Louisville Federal Grand Jury returned 21 felony indictments charging 23 individuals this week with multiple counts, including firearms violations, possession and distribution of scheduled drugs as well as the filing of an additional criminal complaint of two Tennessee residents charged in a conspiracy of stealing nearly one-hundred firearms from dealers licensed in the Commonwealth of Kentucky.
“These arrests are yet another significant deposit on our promise to reduce violence in this Commonwealth,” stated United States Attorney Coleman. “Working together with our law enforcement partners, we will not concede one block of our city to drug traffickers, gang members, or, as we demonstrated today, felons with firearms. Stay tuned.”
U.S. Attorney Coleman was joined in today’s announcement by the Jefferson County Commonwealth’s Attorney Thomas Wine, ATF Special Agent in Charge Stuart Lowery, and LMPD Chief Steve Conrad, who stood shoulder to shoulder with numerous prosecutors from the United States Attorney’s Office, in a committed effort and shared partnership to reduce violent crime. These charges were developed through an ongoing partnership of multiple law enforcement agencies to maximize penalties for the most violent repeat offenders.
This week, Kashma Floyd Dardy, Jr. of Nashville, Tennessee, and Marvin Dale Johnson, of Madison Tennessee, were charged with conspiring and stealing firearms from licensed dealers located in Bowling Green and Owensboro, Kentucky. Dardy was charged with the burglary of Wheeler’s Fastway Gun and Pawn located at 4848 Scottsville Road in Bowling Green. Johnson was charged with the burglary of Wheeler’s as well as another burglary of Whittaker Guns, LLC, located at 6980 West Louisville Lane in Owensboro. According to the affidavit attached to the criminal complaint, firearms stolen from the dealers were recovered from both defendants.
The crimes of others charged include being a felon in possession of a firearm, possession with intent to distribute Schedule I controlled substances, using a firearm in furtherance of a drug trafficking crime, and being an unlawful user of a controlled substance while in possession of a firearm. Three defendants were also charged with discharge of a firearm during, and in relation to, a drug trafficking crime resulting in murder, one defendant is currently charged in the shooting death of 7-year-old DeQuante Hobbs, Jr., and two other defendants have prior manslaughter convictions.
Among those charged and arrested are Philquan Acuff, 33; Gary Burse, 27; Dakoven Ford, 20; Isiah Tamele Fugett, 36; Keith Alan Haggard, 46; Demetris Dion Johnson, 36; Treyshawn Jones, 25; Byron K. King, Jr., 21; Benjamin Schildknect, 33; Philip Stivers, 31; Wyatt Williams, 23; Javier Rodriguez and co-defendants Dwayne Castle, 44, and Charles Cater, 42; all of Louisville.
Defendants Rodriguez, Castle, and Cater are charged with discharge of a firearm during, and in relation to, a drug trafficking crime resulting in murder, and conspiracy to distribute methamphetamine and heroin.
Defendant Acuff is charged with knowingly and intentionally possessing with the intent to distribute heroin and marijuana, both Schedule I controlled substances. Further, Acuff is charged with possession of a firearm, a Smith & Wesson, Model M & P, .40 caliber handgun, in furtherance of a drug crime, and with being a felon in possession of a firearm having been convicted in Jefferson County Circuit Court of trafficking in a controlled substance, facilitation to robbery, and wanton endangerment.
Defendant Burse is charged with being a felon in possession of a firearm having been convicted in Jefferson Circuit Court of Manslaughter II, robbery, tampering with physical evidence, burglary, and intimidating a witness in a legal process. Burse allegedly possessed a Walther, Model PK380, .380 caliber semi-automatic firearm; a Ruger, Model SR22, .22 caliber semi-automatic firearm; and ammunition.
Defendant Ford, is charged with being a felon in possession of a firearm, a Glock 19, 9 millimeter handgun and ammunition, having been convicted of robbery in Jefferson Circuit Court.
Defendant Fugett, a/k/a Isiah Phillip, is charged with being a felon in possession of a firearm, having been convicted in Jefferson Circuit Court of Manslaughter and tampering with physical evidence. Fugett allegedly possessed a Glock Model 23, .40 caliber pistol, and ammunition.
Defendant Haggard is charged with possession with intent to distribute methamphetamine and with being a felon in possession of a firearm, having been convicted in Meade Circuit Court of trafficking in a controlled substance. Haggard allegedly possessed a Xin Shi Dai, Model SKS, 7.62x39mm caliber semi-automatic rifle, and ammunition.
Defendant Johnson is charged with being a felon in possession of a firearm, a Bersa .380 caliber semiautomatic pistol, having been convicted in Jefferson Circuit Court of trafficking in a controlled substance.
Defendant Jones is charged with being a felon in possession of a firearm, a Taurus, model PT1455PRO, .45 caliber semiautomatic pistol, and ammunition, having been convicted of a receiving stolen property and tampering with physical evidence in Jefferson Circuit Court.
Defendant King is charged with felon in possession of a firearm, a Smith & Wesson, Model SD40VE, .40 caliber handgun, having been convicted of receiving a stolen firearm in Jefferson Circuit Court.
Defendant Schildknect is charged with being a felon in possession of a firearm, a Smith & Wesson .38 caliber revolver, an Omega .22 caliber revolver, a Colt PTFA handgun, and ammunition, having been convicted of burglary in Jefferson Circuit Court.
Defendant Stivers is charged with being a felon in possession of a firearm, a Walther, PK380, .380 Caliber semi-automatic firearm, and ammunition, having been convicted of possession of a forged instrument, facilitation to kidnapping, assault, and robbery in Jefferson Circuit Court.
Defendant Williams is charged with being an unlawful user of a controlled substance in possession of a Hi-Point 9 millimeter semi-automatic pistol.
If convicted at trial, the maximum sentence for unlawfully possessing a firearm is no more than ten years in prison, a $250,000 fine, and three years of supervised release.
These cases are being prosecuted by Assistant United States Attorneys Robert Bonar, Nute Bonner, Bryan Calhoun, Scott Davis, Tom Dyke, Larry Fentress, Lettricea Jefferson-Webb, Joshua Judd, Corinne Keel, Jessica Malloy, Stephanie Zimdahl, and Michael Bennett. The cases are being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Louisville Metro Police Department, and the United States Drug Enforcement Administration (DEA).
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to specifically identify the criminals responsible for significant violent crime in the Western District of Kentucky. A centerpiece of this effort is Project Safe Neighborhoods, a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Today’s indictments are part of the Project Safe Neighborhoods program.
The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent
until and unless proven guilty
Two University of New Hampshire Employees Charged with Theft of Government FundsRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced today that two employees of the University of New Hampshire (UNH) have been charged with stealing money from federal research grants.
One Indictment alleges that Hailong Zhang, 44, of Nottingham, was a Research Project Manager for the UNH College of Life Sciences and Agriculture. The Indictment alleges that he was authorized to use a credit card provided by UNH for expenses covered by federal research grants that were awarded to UNH, as a prime-grantee or sub-grantee, by the U.S. Department of Health and Human Services, National Institutes of Health (“NIH”). The Indictment alleges that on 31 separate occasions from approximately December 2013 to January 2018, Zhang used his business credit card to purchase gift cards from Amazon.com that totaled more than $82,000, which Zhang used to purchase items for his personal use. The Indictment also alleges that Zhang concealed his unauthorized use of the credit card by submitting a fictitious receipt and a fraudulent written justification for each expense to the College of Life Sciences and Agriculture’s Business Service Center, which caused the University System of New Hampshire to make payments for the unauthorized purchases to Zhang’s credit card account and UNH to obtain reimbursements for the expenses from the NIH grants.
The other Indictment alleges that Jichun Zhang, 45, of Durham, was a Research Assistant Professor for the UNH Institute for the Study of Earth, Oceans, and Space. The Indictment alleges that he was authorized to use a credit card provided by UNH for expenses covered by federal research grants that were awarded to UNH, as the prime-grantee, by the National Aeronautic and Space Administration (“NASA”). The Indictment alleges that on 31 different occasions from approximately January 2016 to December 2017, Zhang used his business credit card to purchase personal items totaling more than $6,900 from Amazon.com, PayPal, and Apple, Inc. This Indictment further alleges that Zhang concealed the unauthorized use of the credit card by submitting a fictitious receipt and a fraudulent written justification for each expense to the UNH Institute for the Study of Earth, Oceans, and Space’s Business Service Center, which caused the University System of New Hampshire to make payments for the unauthorized purchases to Zhang’s credit card account and UNH to seek and obtain reimbursements for each expense from the NASA grants.
Both defendants were arrested on Friday and are scheduled to make their initial appearances in federal court on Friday afternoon.
The cases were investigated by the Federal Bureau of Investigation, the University of New Hampshire Police Department, the U.S. Department of Health and Human Services, Office of Inspector General, and the National Aeronautics and Space Administration, Office of Inspector General, with assistance from the Police Departments in Durham, Nottingham, and Newmarket, New Hampshire. The case is being prosecuted by Assistant U.S. Attorney Robert Kinsella.
The charges and allegations contained in an indictment are merely accusations. A defendant is presumed innocent until and unless proven guilty.
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Two Nigerian Citizens Sentenced for Participating in Wire Fraud Scheme Defrauding U.S. Victims of MillionsRead the Press Release
HOUSTON – Two Nigerian citizens, both of whom reside in Houston, have been ordered to federal prison for perpetuating a wire fraud scheme involving various internet scams, announced U.S. Attorney Ryan K. Patrick. Idowu Olugbenga Temetan aka David Cole, 30, and Adeltilewa Olamigoke Afolabi Ikuejuyone aka Kuffour Duval, 36, previously pleaded guilty to conspiracy to commit wire fraud and three counts of wire fraud. Temetan also admitted to one count of passport forgery.
Today, U.S. District Judge Sim Lake handed Temetan a 51-month sentence, while Ikuejuyone received a 45-month sentence yesterday. Both defendants were also held jointly and severally liable to pay $187,422.60 in restitution. As both are not U.S. citizens, each are expected to face deportation proceedings following their sentences.
At Ikuejuyone’s sentencing, the court heard testimony from a relative of one of the victims who testified about the emotional and financial toll the defendant’s criminal actions had taken on their family. During Temetan’s sentencing hearing today, he acknowledged his mistakes and apologized to the victims for his actions. In handing down the sentences, the court noted the defendants engaged in a series of actions over an extended length of time to defraud multiple victims.
From October 2013 until March 2014, Temetan and Ikuejuyone used counterfeit passports to open bank accounts in the greater Houston area. The passports contained photographs of Temetan and Ikuejuyone but utilized the aliases of David Cole and Kuffour Duval, respectively. Both Temetan and Ikuejuyone then worked with others to lure victims into sending money into various bank accounts under their sole ownership and control. These funds were obtained through a variety of internet scams, including lottery scams and business investment scams. Checks or wire transfers were then sent from the victims’ bank accounts to accounts Temetan and Ikuejuyone controlled. Temetan, Ikuejuyone and their co-conspirators would then use the counterfeit passports to retrieve the fraudulently obtained funds.
Law enforcement has been able to trace at least $4 million to victims, some of whom who reside in Houston, that have been affected by this scheme. The conspiracy resulted in the defrauding of one elderly victim of $3 million alone. After authorities identified this victim, they were able to trace the accounts into which the monies were being deposited.
Temetan and Ikuejuyone will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The U.S. Postal Inspection Service conducted the investigation. Assistant U.S. Attorneys Julie N. Searle and Rick Bennett prosecuted the case.
Two Florida Men Sentenced for Credit Card FraudRead the Press Release
Jason Albert Leslie, Jr. 26, of Miami, Florida, and Tafari Shaile Lawrence, 29, also of Miami, Florida, were sentenced in federal court in Casper to prison terms for their roles in a credit card fraud conspiracy, announced United States Attorney Mark A. Klaassen. Mr. Lawrence was sentenced by United States District Court Judge Scott W. Skavdahl on March 21, 2018, to serve 18 months in prison, followed by 2 years supervised release. Judge Skavdahl sentenced Mr. Leslie to serve 30 months in prison, followed by 3 years supervised release. Both men were ordered to pay $222,756.08 in restitution to Citibank.
Leslie and Lawrence had previously pled guilty to conspiracy for their participation in a scheme to use fraudulently obtained Citibank credit cards to purchase prepaid debit cards at Walmart stores in several states. The Citibank cards were fraudulently obtained by unknown persons using made-up and stolen identity information. Leslie and Lawrence were then given the unauthorized credit cards and traveled to Walmart stores to purchase prepaid debit cards in late June and July 2016. The defendants then wired money to other members of the conspiracy. The defendants were discovered and arrested during a traffic stop by Wyoming Highway Patrol troopers south of Laramie on July 30, 2016.
This case was investigated by special agents of the Wyoming Division of Criminal Investigation with assistance from the U.S. Secret Service. The case was prosecuted by Assistant U.S. Attorney Eric Heimann of the U.S. Attorney’s Office for the District of Wyoming.
Todd Delaune Indicted for Violations of the Federal Gun Control ActRead the Press Release
TODD DELAUNE age 53, a resident of Larose, Louisiana, was charged yesterday in a one-count indictment by a Federal Grand Jury for violation of the Federal Gun Control Act, announced U.S. Attorney Duane A. Evans.
According to previously filed court documents, DELAUNE was arrested by detectives of the Lafourche Parish Sheriff’s Office’s on February 12, 2018 for simple assault, telecommunications harassment and threatening a public official. Subsequent to his arrest, a search warrant was executed at DELAUNE’s residence and the following ammunition was discovered and seized: one box of Winchester 12 gauge shotgun shells (8 in box); two full boxes of Winchester 12 gauge shotgun shells (50 rounds), one full box of Federal 12 gauge shotgun shells (25); one hundred and eighty .22 caliber Remington bullets; one full box of Eley .22 caliber bullets (50 rounds); one Promag 50 round .22 caliber magazine; two Eagle 35 round .22 caliber magazines. A review of DELAUNE’s criminal history revealed that he pled guilty on August 7, 2013 to simple battery of his ex-wife (a misdemeanor crime of domestic violence), which prohibits him from possessing firearms and ammunition.
If convicted, DELAUNE faces a ten year term of imprisonment, to be followed by a three year term of supervised release, and a fine of up to $250,000.
U. S. Attorney Duane A. Evans reiterated that the indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
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.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms and the Lafourche Parish Sheriff’s Office. The prosecution is being handled by Assistant United States Attorney Michael E. McMahon.