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Friday 23 March 2018
FBI Fugitive Makes Initial Court Appearance for 2003 Indictment for Wire and Bank FraudRead the Press Release
NEWARK, N.J. – A fugitive wanted by the FBI for nearly 15 years was arrested this morning and appeared in court for his role in orchestrating a wire fraud and bank fraud scheme, U.S. Attorney Craig Carpenito announced.
In July 2003, Steven Nacim, 49, a/k/a “Fouad,” a Moroccan national, was indicted by a federal grand jury sitting in Newark for conspiring to commit wire fraud and bank fraud, and for substantive counts of wire fraud and bank fraud. Nacim returned to the United States from Morocco earlier this week and was taken into custody today in Newark. He appeared before U.S. Magistrate Judge Cathy L. Waldor and was placed under house arrest with GPS location monitoring.
According to the indictment and statements made in court:
In March and April of 2002, Nacim and others owned and operated a business known as Computer 3000, based in East Rutherford, New Jersey, and Casablanca, Morocco. Nacim and his conspirators executed a fraudulent check scheme involving the negotiation of a fraudulent check drawn on insufficient funds, and the wire transfer of the proceeds through multiple accounts controlled by the conspirators. Through Computer 3000, they purchased computers and related merchandise using company checks drawn on insufficient funds, and then shipped the merchandise to Morocco. Nacim’s two co-defendants remain fugitives.
The conspiracy charge carries a maximum sentence of five years in prison. The wire fraud charges each carry a maximum sentence of 20 years in prison and the bank fraud charge carries a maximum sentence of 30 years in prison and a $1 million fine. The defendant also faces a maximum fine of $250,000 or twice his gain, or twice the loss sustained by the victims of the offense, for the conspiracy and wire fraud charges.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Acting Special Agent in Charge Bradley W. Cohen, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Shirley U. Emehelu, Chief of the Asset Recovery Money Laundering Unit, in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Joseph B. Shumofsky Esq., Newark
District Man Pleads Guilty to Sexually Abusing, Threatening 12-Year-Old GirlRead the Press Release
WASHINGTON – Tauheed Wheeler, 36, of Washington, D.C., pled guilty today to charges of misdemeanor child sexual abuse and felony threats stemming from an incident in which he tried to entice a young girl into the back seat of his car, and then threatened to beat her if she told anyone what happened, announced U.S. Attorney Jessie K. Liu.
Wheeler pled guilty in the Superior Court of the District of Columbia. The Honorable Ronna L. Beck scheduled sentencing for June 8, 2018. Wheeler faces a statutory maximum prison term of 20 ½ years. Once released from prison, he will be required to register as a sex offender for a 10-year period and will be on supervised released for up to 10 years.
According to the government’s evidence, on Dec. 10, 2016, the victim was 12 years old. Wheeler was a friend of the girl’s mother at the time, and he offered to drive the victim to a relative’s home. The relative was not home, and Wheeler drove the girl into an alley in Southeast Washington, where he parked near some trees. Wheeler got into the back seat of the car and, while touching his genitalia, asked the girl to get into the back seat with him so that he could engage in sexual contact with her. The girl refused. Wheeler kept encouraging the girl to get into the back seat with him, but she continued resisting. Eventually, Wheeler gave up but told that victim that if she told anyone about what he had tried to do, he would beat her. Afraid, the victim did not initially tell her mother. However, in June of 2017, she finally told her mother about what Wheeler had done. Her mother immediately called the police. Wheeler was arrested and indicted in January 2018 and has been in custody ever since.
In announcing the plea, U.S. Attorney Liu commended members of the Youth and Family Services Division of the Metropolitan Police Department (MPD). She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Brenda C. Williams and Victim/Witness Advocate Tracey Hawkins. Finally, she commended the work of Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted this case.
Department of Justice Announces Second Annual Attorney General’s Award for Distinguished Service in PolicingRead the Press Release
Attorney General Jeff Sessions today announced the Second Annual Attorney General’s Award for Distinguished Service in Policing.
The Attorney General’s Award recognizes individual state, local or tribal sworn, rank- and-file police officers and deputies for exceptional efforts in community policing. The awarded officer(s) or deputy(ies) will have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations or innovations in policing.
“President Trump and I support law enforcement at all levels – and we always will. We know whose side we are on. We are on the side of law-and-order. This means we are on the side of the approximately 85 percent of all law enforcement officers that serve at the state, local, and tribal level,” said Attorney General Sessions. “These men and women serve and protect us from violent crime, dangerous opioids, and criminal gangs. The Department of Justice is committed to supporting the law enforcement community that keeps this great nation safe and makes it even safer. Today we honor our law enforcement officers by announcing the second annual Attorney General’s Award for Distinguished Service in Policing.”
Within each category, an award will be given to law enforcement agencies serving small, medium, and large jurisdictions:- Small: Agencies serving populations of fewer than 50,000
- Medium: Agencies serving populations 50,000 to 250,000
- Large: Agencies serving populations of more than 250,000
By distinguishing and rewarding these efforts, the Department strives to promote and sustain its national commitment to policing and to advance proactive policing practices that are fair and effective.
With the Attorney General’s Award for Distinguished Service in Policing, the Office of the Attorney General recognizes that within and across the nation’s more than 18,000 law enforcement agencies, individual officers, and deputies are working hard to keep our communities safe.
The application for nominees can be found at https://www.justice.gov/ag/policing-award.Daniel Justin Mahan Indicted for Violation of the Federal Gun Control ActRead the Press Release
DANIEL JUSTIN MAHAN, age 42, a resident of Ponchatoula, Louisiana, was charged yesterday in a two-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, MAHAN was arrested on March 15, 2018, by Special Agents of the Federal Bureau of Investigation (FBI) subsequent to the execution of a search warrant at his home. MAHAN was found to be in possession twenty-four (24) weapons and over 26,000 rounds of ammunition. MAHAN a prior felony conviction for bank robbery which prohibits him from possessing firearms and ammunition.
If convicted, MAHAN 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 Federal Bureau of Investigation. The prosecution is being handled by Assistant United States Attorney Tracey N. Knight.
Dallas Man Sentenced for Committing Several Bank RobberiesRead the Press Release
DALLAS — Timothy Thomas, 40, of Dallas, Texas, was sentenced this morning by U.S. District Judge Sidney A. Fitzwater to serve a total of 174 months in federal prison and ordered to pay $17,534.00 in restitution, following his guilty plea in October 2017 to five counts of bank robbery, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
According to court documents filed in the case, Thomas, who was previously convicted for a bank robbery in Chicago, Illinois and on supervised release for that offense, committed the following bank robberies in the Dallas, Texas area:
February 13, 2017 Chase Bank 2655 Arapaho Rd., Garland
January 17, 2017 Chase Bank 11770 Marsh Ln., Dallas
December 22, 2016 Chase Bank 11611 Preston Rd., Dallas
December 13, 2016 Chase Bank 2655 Arapaho Rd., Garland
December 9, 2016 Chase Bank 12875 Josey Ln., Farmers Branch
December 3, 2016 BBVA Compass Bank 2307 West Illinois Ave., Dallas
November 21, 2016 BBVA Compass Bank 2307 West Illinois Ave., Dallas
November 10, 2016 Chase Bank 11770 Marsh Ln., Dallas
October 27, 2016 Wells Fargo Bank 13050 Coit Rd., Dallas
October 13, 2016 Bank of America 5610 Broadway Blvd., Garland
October 7, 2016 BBVA Compass Bank 2307 West Illinois Ave., Dallas
October 4, 2016 Chase Bank 12900 Coit Rd., Dallas
All of these robberies were committed in essentially the same manner—upon entering the bank, Thomas would approach the teller and present a note stating that he had a gun, request a specific amount of money, and threaten harm if the police were called.
Judge Fitzwater ordered that Thomas serve 150 months for the five counts he pleaded guilty to in this case and 24 months for the supervised release violation, which will run consecutive to the 150-month sentence.
The Federal Bureau of Investigation, with the assistance of the Dallas Police Department, Garland Police Department, and Farmers Branch Police Department, investigated the case. Assistant U.S. Attorney Keith Robinson prosecuted.
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Currituck County Man Sentenced for Meth ProductionRead the Press Release
RALEIGH – Robert J. Higdon, Jr. United States Attorney for the Eastern District of North Carolina, announced that in federal court, JOHN EDWARD MUTH, Jr., from Currituck County, North Carolina, was found guilty of one count of Conspiracy to Manufacture, Distribute, Dispense, and Possess With Intent to Distribute a Quantity of Methamphetamine from October 2016 to January 2017. Today, Senior United States District Judge W. Earl Britt, III sentenced MUTH to 48 months imprisonment in the Federal Bureau of Prisons followed by 3 years of supervised release.
In October 2016, a Currituck County Sheriff’s Office (CCSO) detective received information from a confidential informant (CI), that they had observed the manufacturing of methamphetamine (meth) taking place at a residence on Rattle Ridge Lane in Maple, North Carolina. The occupants of the residence were identified as JOHN EDWARD MUTH, JR., and codefendant Brook Anne White. White is awaiting sentencing scheduled for June 4, 2018.
Investigation by the CCSO determined that MUTH had visited numerous pharmacies in Northeast North Carolina and Southern Virginia in an effort to acquire pseudoephedrine. A search of the residence found components used to make methamphetamine and equipment to distribute these substances.
Manufacturing methamphetamine requires pseudoephedrine, found in over-the-counter cold medicine, as well as other commonly found ingredients. Information obtained from the National Precursor Log Exchange (NPLEx), which monitors the purchase of pseudoephedrine, revealed that between September 2015 and December 2016, MUTH made 26 purchases of pseudoephedrine (149.76 grams of pseudoephedrine). Notably, MUTH was released from prison in August 2015. The investigation also determined that others would obtain pseudoephedrine and would give it to MUTH for the purposes of making methamphetamine.
The manufacturing of methamphetamine is a serious crime that brings violence and addiction to our communities. The Federal and North Carolina law enforcement partnership is committed to aggressively prosecuting the criminals who make and deal this dangerous drug.
The case was investigated by the Currituck County Sheriff’s Office and the North Carolina State Bureau of Investigation. The federal prosecution was handled by Assistant United States Attorney Edward D. Gray.
Cuban National Sentenced to 14 Months in Federal Prison for Possession of Fraudulent Immigration DocumentsRead the Press Release
United States Attorney Brandon J. Fremin announced today that Chief United States District Judge Brian A. Jackson sentenced BARBARO PAEZ-PEREZ, age 48, to fourteen (14) months in federal prison and two years of supervised release following his conviction for possession of fraudulent immigration documents in violation of Title 18, United States Code, Section 1546(a).
PAEZ-PEREZ’s prosecution arose from an undercover operation conducted by the Baton Rouge Office of the United States Department of Homeland Security—Homeland Security Investigations. Acting on a tip that a box of fraudulent green cards and social security cards was to be delivered to an apartment in Denham Springs, Homeland Security agents arranged a controlled delivery of the package. Before the package could be delivered, the defendant left the apartment and was apprehended. In his possession was a fraudulent I-551 Lawful Permanent Resident Identification Card, also known as a “green card.”
In imposing the sentence, Chief Judge Jackson recited PAEZ-PEREZ’S significant criminal history that includes convictions for burglary, possession of cocaine, DUI, aggravated assault with a firearm, and criminal damage to property. PAEZ-PEREZ, a citizen of Cuba, will also be subject to immigration proceedings after his release from federal incarceration.
United States Attorney Brandon Fremin stated, “I commend the excellent work of the local Homeland Security agents and the prosecutor. This defendant is the third successful prosecution from this operation. Enforcement of our nation’s immigration laws is an important priority of my office and we will continue to work with our federal, state and local law enforcement partners to keep our neighborhoods and communities safe and secure.”
The matter is being handled by the United States Attorney’s Office for the Middle District of Louisiana and the Baton Rouge Office of the U.S. Department of Homeland Security—Homeland Security Investigations. The three prosecutions have been handled by Assistant United States Attorney Lyman E. Thornton III.
Citizen of Dominican Republic Sentenced to Three Years in Prison for Heroin TraffickingRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced that Santo Rodolfo Garcia Mendez, 33, a citizen of the Dominican Republic residing in Lawrence, Massachusetts was sentenced on Thursday to serve three years in federal prison for participating in a heroin trafficking conspiracy.
Documents filed with the court established that Garcia Mendez participated in a Lawrence-based drug trafficking organization (DTO) between April 2016 and September 2016 during which time he delivered drugs to runners who were distributing the drugs to customers of the DTO.
Garcia Mendez pleaded guilty to conspiracy to distribute, and to possess with the intent to distribute, heroin on November 1, 2017. After completing his sentence, he faces likely deportation to the Dominican Republic.
“The law enforcement community in New Hampshire is working together each day to stop the deadly flow of heroin and other drugs into the Granite State,” said U.S. Attorney Murray. “Those who seek to profit from the selling these deadly drugs in our state will be prosecuted aggressively.”
“Those suffering from the disease of opioid addiction need access to treatment and recovery,” said DEA Special Agent in Charge Michael J. Ferguson. “But, those responsible for distributing lethal drugs like heroin to the citizens of New Hampshire need to be held accountable for their actions. DEA and its local, state and federal partners are committed to bringing to justice those that distribute this poison.”
The investigation and prosecution of this defendant were part of a DEA effort to address heroin distribution in New Hampshire. In addition to the prosecution of Garcia Mendez, Alberto Guerrero Marte, 38, was sentenced to 15 years, Toribio Guerrero Marte, 34, was sentenced to 10 years, Jose De La Altagracia Pimentel Lara, 26, was sentenced to 63 months, Allan Raymond Pimentel, 22, was sentenced to 57 months, Wilkin Andres Beltre Arias, 39, was sentenced to 54 months, Maria Miguelina Lara, 33, was sentenced to 36 months, Allison DeJesus, 19, was sentenced to five years of probation, and Jonaly DeJesus, 22, was sentenced to time served and five years of supervised release. In a related case, Mark Gagnon, 54, of Candia, was sentenced to 48 months. Michell DeJesus, 34, is awaiting sentencing.
This matter was investigated by the DEA; Homeland Security Investigations; the Massachusetts State Police; the Haverhill Police Department; the United States Marshals Service; the New Hampshire State Police; the Manchester Police Department; the Lawrence Police Department; the Lowell Police Department, the Methuen Police Department, and the Hillsborough County Drug Task Force.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The case is being prosecuted by Assistant U.S. Attorney Donald A. Feith.
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Chief of Staff for Former Federal Congressman Convicted for Obstructing Congressional InvestigationRead the Press Release
The chief of staff for a former member of the U.S. House of Representatives has been convicted for obstructing a congressional investigation into the alleged misappropriation of Congressional funds to pay for campaign activity, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division.
David G. Bowser, 45, of Arlington, Virginia, was convicted of one count of obstruction of proceedings, one count of concealment of material facts and three counts of making false statements. A sentencing date has not been set.
“David Bowser abused his position as a chief of staff on Capitol Hill to fund political campaigns with taxpayer funds, and then lied to cover up his crimes,” said Acting Assistant Attorney General Cronan. “The Criminal Division is committed to preserving the public’s confidence in our government by investigating and prosecuting corrupt public officials. I commend the career prosecutors in the Public Integrity Section, as well as the dedicated agents of the FBI, for their exemplary work on this case.”
Bowser was indicted in April 2016. From 2008 until January 2015, Bowser served as the chief of staff for a then-U.S. congressman and worked on behalf of and served as a decision maker for the congressman’s political campaigns. In or about June 2012, Bowser, on behalf of the congressman’s office, hired Brett O’Donnell, a communications consultant, to assist the congressman with his messaging. Immediately upon joining the congressman’s office, O’Donnell assisted the congressman with his reelection campaign for the House of Representatives in 2012, at Bowser’s direction. From January 2013 until his termination from the congressman’s office in March 2014, O’Donnell also provided substantial services to the congressman’s Senate campaign at Bowser’s direction, including preparing for political debates, drafting and practicing campaign speeches and advising on campaign messaging, among other services. Bowser caused the congressman’s office to pay O’Donnell approximately $43,750 in congressional, taxpayer funds. Such funds must be used for official, congressional purposes, and cannot be used in furtherance of a congressman’s political campaign or to pay for any campaign-related expenses.
Bowser was convicted for obstructing a congressional ethics investigation into the payments to O’Donnell. In March 2014, the Office of Congressional Ethics (OCE), a non-partisan office established in the House of Representatives to investigate allegations of misconduct, began to investigate allegations that O’Donnell was being paid with congressional funds for performing campaign-related services. During the course of OCE’s investigation, Bowser attempted to obstruct the investigation by, among other things, delaying and failing to produce relevant documents; influencing the testimony of witnesses; and falsely stating that O’Donnell was solely hired to provide official services.
On Sept. 3, 2015, O’Donnell pleaded guilty in the Middle District of Georgia to one count of making false statements in connection to this case. During O’Donnell’s interview with OCE, in which he discussed the work that he performed for Bowser and the congressman, he made several false statements in an effort to minimize and conceal his role with the campaigns.
The FBI is investigating the case. Trial Attorneys Todd Gee and Sean F. Mulryne of the Criminal Division’s Public Integrity Section are prosecuting the case.
California Man Sentenced to 27 Months in Prison for the Sale of Black Rhinoceros HornsRead the Press Release
Edward N. Levine, 67, a resident of Novato, California, was sentenced today to 27 months in prison and followed by three years of supervised release for the sale of two black rhinoceros horns in Las Vegas. Levine will also be prohibited from wildlife and antique sales as a result of today’s sentencing.
A jury convicted Levine on September 14, 2017, of conspiracy to violate the Lacey and Endangered Species Acts and a substantive violation of the Lacey Act for knowingly selling the horns to an undercover agent from the United States Fish and Wildlife Service (USFWS). His co-defendant, Lumsden Quan, had previously pleaded guilty to the indictment and was sentenced in December 2015 to 367 days of imprisonment and a $10,000 fine.
The sentence was announced by Assistant Attorney General Jeffrey H. Wood for the Environment and Natural Resources Division of the Department of Justice, U.S. Attorney Dayle Elieson for the District of Nevada, and Acting Chief of Law Enforcement Edward Grace for USFWS.
The Honorable Chief Judge Gloria M. Navarro in U.S. district court in Las Vegas sentenced Levine for his role in the conspiracy, which involved negotiating the sale and transporting the horns from California to Nevada in March 2014. Levine and Quan ultimately sold the horns to an undercover agent posing as a taxidermist for $55,000 in a Las Vegas casino hotel room. Levine had faced a maximum of five years imprisonment for violating the Lacey Act.
“Complex international investigations such as Operation Crash have demonstrated the link between wildlife trafficking and criminal organizations also involved in other serious transnational organized crimes including trafficking of illegal firearms and drugs,” said Acting Chief of Law Enforcement Edward Grace for the U.S. Fish and Wildlife Service. “Mr. Levine not only illegally bought and sold horns from critically endangered black rhinos; he was previously convicted and served time for his role in drug trafficking with South American drug cartel.”
Levine was identified as part of “Operation Crash” – a nationwide effort led by the USFWS and the Justice Department to investigate and prosecute those involved in the black market trade of rhinoceros horns. A “crash” is the term for a herd of rhinoceros. Operation Crash is an ongoing effort to detect, deter, and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns. As of October 2017, Operation Crash has resulted in the prosecution and sentencing of nearly 50 subjects and recovery of approximately $7.8 million through fines, forfeiture, and restitution. Levine was the only Operation Crash target to proceed to trial.
The black rhinoceros is an herbivore species native to Africa of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under U.S. and international laws, including the Endangered Species Act. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 183 countries around the world to protect fish, wildlife, and plants that are or may become imperiled due to the demands of international markets.
The investigation was handled by the USFWS’s Office of Law Enforcement, the U.S. Attorney’s Office for the District of Nevada, and the Justice Department’s Environmental Crimes Section. The government is represented by Trial Attorney Ryan Connors, Assistant U.S. Attorney Kathryn Newman, and paralegals Christopher Kopf and Amanda Backer.
California Man Sentenced to 27 Months in Prison for the Sale of Black Rhinoceros HornsRead the Press Release
LAS VEGAS, Nev. – Edward N. Levine, 67, a resident of Novato, California, was sentenced today to 27 months in prison and followed by three years of supervised release for the sale of two black rhinoceros horns in Las Vegas. Levine will also be prohibited from wildlife and antique sales as a result of today’s sentencing.
A jury convicted Levine on September 14, 2017, of conspiracy to violate the Lacey and Endangered Species Acts and a substantive violation of the Lacey Act for knowingly selling the horns to an undercover agent from the United States Fish and Wildlife Service (USFWS). His co-defendant, Lumsden Quan, had previously pleaded guilty to the indictment and was sentenced in December 2015 to 367 days of imprisonment and a $10,000 fine.
The sentence was announced by Assistant Attorney General Jeffrey H. Wood for the Environment and Natural Resources Division of the Department of Justice, U.S. Attorney Dayle Elieson for the District of Nevada, and Acting Chief of Law Enforcement Edward Grace for USFWS.
The Honorable Chief Judge Gloria M. Navarro in U.S. district court in Las Vegas sentenced Levine for his role in the conspiracy, which involved negotiating the sale and transporting the horns from California to Nevada in March 2014. Levine and Quan ultimately sold the horns to an undercover agent posing as a taxidermist for $55,000 in a Las Vegas casino hotel room. Levine had faced a maximum of five years imprisonment for violating the Lacey Act.
“Complex international investigations such as Operation Crash have demonstrated the link between wildlife trafficking and criminal organizations also involved in other serious transnational organized crimes including trafficking of illegal firearms and drugs,” said Acting Chief of Law Enforcement Edward Grace for the U.S. Fish and Wildlife Service. “Mr. Levine not only illegally bought and sold horns from critically endangered black rhinos; he was previously convicted and served time for his role in drug trafficking with South American drug cartel.”
Levine was identified as part of “Operation Crash” – a nationwide effort led by the USFWS and the Justice Department to investigate and prosecute those involved in the black market trade of rhinoceros horns. A “crash” is the term for a herd of rhinoceros. Operation Crash is an ongoing effort to detect, deter, and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns. As of October 2017, Operation Crash has resulted in the prosecution and sentencing of nearly 50 subjects and recovery of approximately $7.8 million through fines, forfeiture, and restitution. Levine was the only Operation Crash target to proceed to trial.
The black rhinoceros is an herbivore species native to Africa of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under U.S. and international laws, including the Endangered Species Act. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 183 countries around the world to protect fish, wildlife, and plants that are or may become imperiled due to the demands of international markets.
The investigation was handled by the USFWS’s Office of Law Enforcement, the U.S. Attorney’s Office for the District of Nevada, and the Justice Department’s Environmental Crimes Section. The government was represented by Trial Attorney Ryan Connors and Assistant U.S. Attorney Kathryn Newman.
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Buffalo Man Sentenced for Heroin Possession and DistributionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Adalberto Cruz, 28, of Puerto Rico, who was convicted of possession with intent to distribute and distribution of heroin, was sentenced to 12 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on February 25, 2015, Cruz distributed heroin on the West Side of Buffalo. The investigation utilized undercover purchases conducted by the New York State Police Community Narcotics Enforcement Team (CNET) and the Buffalo Police Department.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Detail Commander Major Mary Clark and Lieutenant Kevin Reyes, CNET West Commander; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Brooklyn Man Sentenced to 52 Months in Prison for Role in Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Omar Bell, age 34, of Brooklyn, New York, was sentenced on March 22, 2018, by Senior U.S. District Court Judge James M. Munley to serve 52 months in prison for his role in a heroin trafficking conspiracy that operated in Luzerne County during 2014.
According to United States Attorney David J. Freed, Bell previously pleaded guilty to conspiring with others to distribute more than 100 grams of heroin, which is equivalent to more than 4,000 retail bags of heroin.
Judge Munley also ordered Bell to serve four years on supervised release following his prison sentence.
The investigation resulted in the arrest of ten people connected to the drug ring, all of whom pleaded guilty. Desmond Mercer, the leader of the conspiracy, was sentenced to 14 years in prison. Two key associates, Shaquan Murphy and Shaliek Stroman, were each sentenced to 12 ½ years in prison. Another member of the drug ring, Antoine Jamison, received a five-year prison sentence.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Pennsylvania State Police, and Kingston Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
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 also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Bronx, New York Man Sentenced to over Fifteen Years for Supplying over a Kilogram of Heroin and Fentanyl for Distribution in VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Andre Terrell, aka “Buzzo,” of the Bronx, New York, was sentenced today for conspiracy to distribute over 100 grams of heroin, over 28 grams of cocaine base, and fentanyl. United States District Judge Christina Reiss sentenced Terrell to a 190-month term of imprisonment, followed by an 8-year term of supervised release, and ordered Terrell to forfeit $60,000 of criminal proceeds derived from the drug conspiracy.
According to Court records, Terrell was the primary supplier of heroin, fentanyl, and cocaine base to a Vermont-based drug distribution organization that operated from approximately March of 2015 to August of 2016. Although Terrell’s primary role was the supplier for the organization, Terrell made frequent trips to Vermont, and functioned as a manger and supervisor of the organization. Terrell admitted to importing over a kilogram of heroin into Vermont during the course of the conspiracy. Addicted couriers transported the drugs from Terrell’s apartment in the Bronx to Terrell’s codefendants in Chittenden County and elsewhere. At times, the drugs sent to Vermont by Terrell were pure fentanyl, which the organization packaged and distributed to Vermont drug users, leading to at least two nonfatal overdoses of Milton residents. Further, Terrell and his codefendants knowingly used the Winooski apartment of a senior citizen as a stash location for over 100 grams of heroin, and provided this public-housing tenant heroin in exchange for the use of the residence to package drugs for distribution.
At the sentencing hearing, Judge Reiss found that the multiple firearms possessed by Terrell’s codefendant were foreseeable to defendant Terrell. Judge Reiss also found by a preponderance of the evidence that defendant Terrell used violence during the commission of his drug offense. Specifically, Judge Reiss found that defendant Terrell had sexually assaulted at gunpoint a female drug courier, as retribution for the courier’s theft of drugs. Judge Reiss also found pursuant to the United States Sentencing Guidelines that defendant Terrell’s criminal history warranted application of the career offender provisions in the Sentencing Guidelines. Terrell’s prior convictions include a 1999 firearms conviction stemming from Terrell having pointed a loaded handgun at an NYPD officer; a 1999 drug conviction stemming from Terrell selling cocaine base to an undercover police officer; and a 2008 assault conviction for intentionally shooting a man in the leg.
Terrell’s arrest on March 16, 2017 was the culmination of a coordinated operation that involved numerous federal, state, and local agencies in the states of Vermont and New York. In total, law enforcement seized over 350 grams of heroin, over 70 grams of cocaine base, a .45 caliber Ruger semi-automatic pistol, and over $11,000 cash from Terrell and coconspirators. The investigation resulted in the indictment of Terrell along with nine coconspirators. Coconspirator Evan “Red” Harris was previously sentenced to a 151 month term of incarceration for his role in the drug conspiracy and possession of firearms in furtherance of the conspiracy. Coconspirator William Edward Harris was previously sentenced to a 60 month term of imprisonment for his role in the drug conspiracy. Coconspirator Troy Washington was sentenced to a term of 44 months for his drug activities. Coconspirator Sarah Larock was sentenced to a term of 18 months imprisonment for her role in the drug conspiracy.
United States Attorney Christina E. Nolan commended the collaborative investigation of the Federal Bureau of Investigations; the Vermont Drug Task Force; the Vermont State Police; the Drug Enforcement Administration; the New York State Police; the Shelburne Police Department; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Milton Vermont Police Department and the Burlington Vermont Police Department, in the successful arrest and prosecution of Terrell and his coconspirators. She stated:
This case represents the intersection of several of the USAO’s top priorities. We will aggressively and relentlessly investigate and prosecute those who deal dangerous drugs for profit, especially fentanyl, which is killing Vermonters at an increasing and alarming rate. Be on notice that, if you sell fentanyl in Vermont in any quantity, you are a potential target for federal prosecution. Further, the USAO will continue to prioritize charging those who are involved in unlawful gun activity and those who use violence – in all contexts. Such conduct is intolerable and poses great risks to innocent members of the public. We will especially focus on bringing justice to drug dealers who viciously abuse addicts in the name of profit. Finally, this case underscores the success of the Vermont model of cooperation across federal, state, and local law enforcement agencies and with our counterparts in neighboring states. We will continue to collaborate at all levels of law enforcement toward our public safety goals. The important results we can achieve when we work in close concert are on display in this case.
Milton Police Chief Steven Laroche stated, “because of the cooperation between local, state and federal law enforcement partners this significant case concluded in a conviction. This illicit drug activity resulted in numerous overdoses, one of which was a pregnant woman. This drug network plagued our community with increased crime which declined after arrests. I commend the combined effort of all agencies involved.”
Terrell was represented by Scott Brettschneider, Esq, and Mark Kaplan, Esq. The United States was represented by Assistant U.S. Attorney Jonathan A. Ophardt.
Brockton Man Sentenced for Illegal Firearm PossessionRead the Press Release
BOSTON – A Brockton man with two prior federal firearm convictions was sentenced yesterday in federal court in Boston for his third federal firearms charge.
Darnell Upshaw, 36, was sentenced by U.S. District Court Judge Indira Talwani to 32 months in prison and three years of supervised release. In December 2017, Upshaw pleaded guilty to being a felon in possession of a firearm and ammunition.
On May 10, 2017, police officers responded to a report of shots fired on Owens Avenue in Brockton. Based on information provided at the scene, law enforcement officers suspected that Upshaw was responsible for the shooting and began surveillance of his house. Subsequently, officers observed a vehicle matching the description of the shooter’s vehicle arrive and park near Upshaw’s house, where two men exited the vehicle. Minutes later, Upshaw was observed leaving his house and driving away in a black SUV.
The officers followed the SUV, and, when it stopped, Upshaw exited and took off running with his right arm braced tightly against his side. The officers followed Upshaw as he fled, climbed over a fence and entered his girlfriend’s mother’s house. Upshaw was apprehended inside the house and a loaded firearm was found lying on top of a pile of lawn clippings near the fence Upshaw had climbed. Subsequent lab analysis revealed that Upshaw’s shirt bore traces of gunshot primer residue.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth County District Attorney Timothy Cruz; and Brockton Police Chief John Crowley made the announcement. Assistant U.S. Attorney Kelly Begg Lawrence of Lelling’s Criminal Division prosecuted the case.
Bradenton Man Sentenced to over 21 Years in Prison for Drug and Firearm OffensesRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody, Jr. has sentenced Kirby Gant (56, Bradenton) to 21 years and 8 months in federal prison for possessing with the intent to distribute crack cocaine and hydrocodone, and for possessing a firearm as a convicted felon and in furtherance of a drug trafficking crime.
Gant was found guilty after a bench trial on November 30, 2017.
According to court documents, at 3:40 a.m. on December 5, 2016, officers from the Bradenton Police Department were on foot patrol in the area of Bradenton Village Apartments when they saw a green SUV with a single occupant, later identified as Gant. As two officers approached the vehicle from opposite sides, one of the officers observed a gun. Gant then attempted to force his way past the officers and was arrested after a brief tussle. The officers recovered 9.6 grams of marijuana, 7.2 grams of hydrocodone, and $1,192 in cash from Gant’s person. A loaded 9mm handgun with an obliterated serial number and 7.5 grams of crack cocaine were found inside the SUV. At the time of his arrest, Gant had several prior felony convictions and is therefore prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Shauna S. Hale.
Attorney General Sessions Announces Regulation Effectively Banning Bump StocksRead the Press Release
Today, Attorney General Jeff Sessions announced that the Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, clarifying that bump stocks fall within the definition of “machinegun” under federal law, as such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger.
In making the announcement, Attorney General Sessions made the following statement:
“Since the day he took office, President Trump has had no higher priority than the safety of each and every American,” said Attorney General Jeff Sessions. “That is why today the Department of Justice is publishing for public comment a proposed rulemaking that would define ‘machinegun’ to include bump stock-type devices under federal law—effectively banning them. After the senseless attack in Las Vegas, this proposed rule is a critical step in our effort to reduce the threat of gun violence that is in keeping with the Constitution and the laws passed by Congress. I look forward to working with the President’s School Safety Commission to identify other ways to keep our country and our children safe, and I thank the President for his courageous leadership on this issue.”
On February 20, 2018, the President issued a memorandum instructing the Attorney General “to dedicate all available resources to… propose for notice and comment a rule banning all devices that turn legal weapons into machineguns.” This NPRM is in response to that direction, and would make clear that the term “machinegun” as used in the National Firearms Act (NFA), as amended, and Gun Control Act (GCA), as amended, includes all bump-stock-type devices that harness recoil energy to facilitate the continuous operation of a semiautomatic long gun after a single pull of the trigger. If the NPRM is made final, bump-stock-type devices would be effectively banned under federal law and current possessors of bump-stock-type devices would be required to surrender, destroy, or otherwise render the devices permanently inoperable. The comment period for the NPRM is 90 days from the date of publication in the Federal Register.
To view the Notice of Proposed Rulemaking click here.
Please note: This is the text of the Bump Stock Notice of Proposed Rulemaking (NPRM) as signed by the Attorney General, but the official version of the NPRM will be as it is published in the Federal Register.”Alere to Pay U.S. $33.2 Million to Settle False Claims Act Allegations Relating to Unreliable Diagnostic Testing DevicesRead the Press Release
Massachusetts-based medical device manufacturer Alere Inc. and its subsidiary Alere San Diego (Alere) have agreed to pay the United States $33.2 million to resolve allegations that Alere caused hospitals to submit false claims to Medicare, Medicaid, and other federal healthcare programs by knowingly selling materially unreliable point-of-care diagnostic testing devices, the Justice Department announced today.
“The United States is fortunate that innovative healthcare companies regularly develop medical devices that improve patients’ lives, often in remarkable ways,” said Acting Assistant Attorney General Chad A. Readler for the Justice Department’s Civil Division. “But the Department will hold medical device manufacturers accountable if they knowingly sell defective products that waste taxpayer dollars and adversely impact patient care.”
The United States alleged that between January 2006 and March 2012, Alere knowingly sold materially unreliable rapid point-of-care testing devices marketed under the trade name Triage®. The Triage® devices aided in the diagnosis of acute coronary syndromes, heart failure, drug overdose, and other serious conditions, and the devices were frequently used in emergency departments where timely decisions are critical to ensuring proper patient care. According to the government’s allegations, Alere received customer complaints that put it on notice that certain devices it sold produced erroneous results that had the potential to create false positives and false negatives that adversely affected clinical decision-making. Nonetheless, the company failed to take appropriate corrective actions until FDA inspections prompted a nationwide product recall in 2012. Of the $33.2 million to be paid by Alere, $28,378,893 will be returned to the federal government and a total of $4,860,779 will be returned to individual states, which jointly funded claims for Triage devices submitted to state Medicaid programs.
“Physicians who work to treat patients with suspected myocardial infarctions rely upon devices such as Alere’s Triage Cardiac products for quick and accurate readings," said Stephen M. Schenning, Acting United States Attorney for the District of Maryland. "When manufacturers such as Alere make changes to the specifications that affect the product’s reliability without informing physicians or the FDA, patient care is put at substantial risk.”
“Congress passed the False Claims Act on March 2, 1863 to protect taxpayer dollars from fraud and abuse and to allow private citizens to join the effort,” said Maureen R. Dixon, Special Agent in Charge for the U.S. Department of Health and Human Services Office of Inspector General in Philadelphia. “We will continue to work with concerned citizens, the Department of Justice and our investigative partners to ensure the federal government only pays for honest, high quality, health care products and services.”
The settlement with Alere resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The civil lawsuit was filed by Amanda Wu, who formerly worked for Alere as a senior quality control analyst. As part of today’s resolution, Ms. Wu will receive approximately $5.6 million.
The settlement with Alere was the result of a coordinated effort among the U.S. Attorney’s Office for the District of Maryland, the Commercial Litigation Branch of the Justice Department’s Civil Division, and the National Association of Medicaid Fraud Control Units, with assistance from the FDA’s Office of Chief Counsel, and HHS’ Office of Counsel to the Inspector General. The investigation was conducted by HHS-OIG, FDA’s Office of Criminal Investigations, and the Department of Defense Criminal Investigative Services.
The claims resolved by this settlement are allegations only, and there has been no determination of liability. The lawsuit is captioned United States ex rel. Amanda Wu v. Alere San Diego, et al., No. GLR-11-CV-1808.
Alere to Pay U.S. $33.2 Million to Settle False Claims Act Allegations Relating to Unreliable Diagnostic Testing DevicesRead the Press Release
FOR IMMEDIATE RELEASE CONTACT ELIZABETH MORSE
www.justice.gov/usao/md (410) 209-4885
Baltimore, Maryland – Massachusetts-based medical device manufacturer Alere Inc. and its subsidiary Alere San Diego (Alere) have agreed to pay the United States $33.2 million to resolve allegations that Alere caused hospitals to submit false claims to Medicare and other federal healthcare programs relating to the use of materially unreliable point-of-care diagnostic testing devices.
The settlement agreement was announced today by Acting United States Attorney for the District of Maryland Stephen M. Schenning, Maureen Dixon, Special Agent in Charge for the Office of Inspector General for the Department of Health and Human Services, Robert Craig, Special Agent in Charge for the Defense Criminal Investigative Services, Mid-Atlantic Division and Mark McCormack, Special Agent in Charge for the Office of Criminal Investigations, Food and Drug Administration, Washington Field Division.
“Physicians who work to treat patients with suspected myocardial infarctions rely upon devices such as Alere’s Triage Cardiac products for quick and accurate readings," said Stephen M. Schenning, Acting United States Attorney for the District of Maryland. "When manufacturers such as Alere make changes to the specifications that affect the product’s reliability without informing physicians or the FDA, patient care is put at substantial risk.”
The United States alleged that between January 2006 and March 2012, Alere knowingly sold materially unreliable rapid point-of-care testing devices marketed under the trade name Triage®. The Triage® devices aid in the diagnosis of acute coronary syndromes, heart failure, drug overdose, and other serious conditions, and the devices are frequently used in emergency departments where timely decisions are critical to ensuring proper patient care. According to the government’s allegations, Alere knew that certain devices it sold produced unreliable results that had the potential to create false positives and false negatives that adversely affected clinical decision-making. The United States alleged that Alere personnel were aware of customer complaints regarding erroneous test results and that the decreased precision of its testing devices put the company at considerable regulatory and financial risk, yet the company failed to take appropriate corrective actions until FDA inspections prompted a nationwide product recall in 2012.
The civil settlement resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and obtain a portion of the government's recovery. The civil lawsuit was filed in the District of Maryland and is captioned United States ex rel. Wu v. Alere, Inc., et al., GLR 11-1808. As part of today’s resolution, Ms. Wu will receive approximately $5,675,778 from the settlement.
The federal share of the civil settlement is $28,378,893, and the state Medicaid share of the civil settlement is $4,860,779. The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Acting U.S. Attorney Stephen M. Schenning commended the HHS Office of Inspector General, Food and Drug Administration’s Office of Criminal Investigations and the Department of Defense’s Criminal Investigative Services for their work in the investigation. Assistance also was provided by the National Association of Medicaid Fraud Control Units and offices of various state Attorneys General. The case was handled by Assistant United States Attorney Thomas Corcoran and Assistant Director Colin Huntley of the Department of Justice Civil Fraud Section.
Akron man pleads guilty to using a firearm while having nearly a half-pound of carfentanilRead the Press Release
An Akron man will likely be sentenced to 25 years in prison after pleading guilty to using a firearm while having nearly a half-pound of carfentanil, said U.S. Attorney Justin E. Herdmanand Akron Police Chief Kenneth Ball.
Da’Nico D. Geter, 27, pleaded guilty to one count of possession with intent to distribute more than 100 grams of carfentanil and one count of possession of a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum sentence of 25 years in prison.
Geter possessed 201.5 grams of carfentanil and a Springfield Armory .45-caliber semiautomatic pistol on Sept. 7, 2017, according to court documents.
“This amount of carfentanil is staggering, and having that much is like walking around Akron with a bomb,” Herdman said. “That fact, combined with him using a firearm as part of his drug trafficking, demonstrates the community is safer with this defendant behind bars. Akron police did a tremendous job.”
Police Chief Ball said: “More than 300 people have died as a result of drug overdose in Akron since the start of 2016. Drug dealers like Da'Nico Geter are largely responsible. Almost 3,000 others have suffered through non-fatal overdoses. For each victim, many family members and loved ones are victimized too. In this case, Akron Narcotics Unit members are responsible for a thorough and professional investigation that will rid our community of a major contributor of the collective suffering. Additionally, the U.S. Attorney’s Office has once again ensured that the sentence meets up with the seriousness of the offense.”
This case was investigated by the Akron Police Department’s Narcotics Unit and prosecuted by Assistant U.S. Attorney Teresa L. Riley.
Agawam Man Indicted for Cocaine ConspiracyRead the Press Release
BOSTON – An Agawam man was charged in an indictment unsealed today with a federal cocaine offense.
Lawon Baulkman, 36, was indicted on one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine.
According to court documents, Baulkman participated in a cocaine conspiracy from at least 2015 until in or about September 2016.
Because Baulkman has prior felony drug convictions, he faces a sentence of at least 10 years and up to life in prison, at least eight years of supervised release, and a fine of up to $8 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. The Internal Revenue Service Criminal Investigation’s Springfield Branch Office assisted with the investigation. Assistant U.S. Attorney Katharine A. Wagner of Lelling's Springfield Branch Office is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Thursday 22 March 2018
Wisconsin Man and Woman Sentenced for Human TraffickingRead the Press Release
United States Attorney Joseph P. Kelly announced today that on March 22, 2018, Brandon Carr, age 32 of Milwaukee, Wisconsin, and Tiera Rowsey-Harris, age 25 of Milwaukee, Wisconsin, were sentenced for transporting an adult female in interstate commerce with intent to promote prostitution. United States District Court Judge John M. Gerrard sentenced Carr to a 27-month term of imprisonment and Rowsey-Harris to a 13-month term of imprisonment. After their release from federal prison, Carr and Rowsey-Harris will begin 3 and 2 year terms of supervised release respectively.
An investigation conducted by the FBI Child Exploitation Task Force determined that between the dates June 13, 2017, to on or about June 16, 2017, Carr and Rowsey-Harris transported an adult female from Milwaukee, Wisconsin, to Omaha, Nebraska. On June 16, 2017, the FBI Child Exploitation Task Force was conducting undercover prostitution enforcement operations in Omaha, Nebraska, when the adult female traveling with Carr and Rowsey-Harris was arrested for soliciting prostitution from an undercover Task Force officer. Carr and Rowsey-Harris were subsequently arrested and charged with transporting the adult female from Milwaukee, Wisconsin, to Omaha, Nebraska for the purpose of engaging in prostitution.
This case was investigated by the FBI Child Exploitation Task Force, which included Task Force Officers from the Federal Bureau of Investigation, Omaha Police Department, Nebraska State Patrol, and Douglas County Sheriff’s Department.
Winchester Man Pleads Guilty to Federal Firearms ChargeRead the Press Release
LEXINGTON, Ky. – Brandon Darrell Martin, age 28, of Winchester Ky., pleaded guilty today to Possession of Firearms by a Convicted Felon.
In the course of his guilty plea, Martin admitted that, having previously been convicted of a drug trafficking felony and two theft felonies, he knowingly pawned at least five firearms. These firearms included a semi-automatic pistol, two rifles and two shotguns. All these firearms had actually been stolen in residential burglaries in Clark County. Martin pawned them at pawn shops in Lexington. Martin was indicted in January 2018.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart Lowrey, Special Agent in Charge ATF; James Fugate Chief of the Versailles Police Department; and Berl Perdue, Jr. Clark County Sheriff, jointly announced the guilty plea.
The investigation was conducted by the ATF, Versailles Police Department, and Clark County Sheriff’s Office. The United States was represented in the case by Assistant United States Attorney Roger W. West.
Martin is currently scheduled to appear for sentencing before Senior United States District Judge Joseph M. Hood, in Lexington, on June 25, 2018, at 10:30 a.m. Martin faces a maximum of 10 years in prison.
This case were prosecuted 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.
Wilkes-Barre Man Charged with Drug Distribution Resulting in DeathRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Brew, age 38, of Wilkes-Barre, Pennsylvania, was indicted on March 20, 2018, by a federal grand jury with drug distribution resulting in death. The indictment was unsealed yesterday following Brew’s initial appearance before United States Magistrate Judge Karoline Mehalchick.
According to United States Attorney David J. Freed, the indictment alleges that on January 13, 2018, Brew distributed a mixture of heroin and fentanyl which caused the death of an individual who used the substance.
The case was investigated by the Federal Bureau of Investigation (FBI) and the Wilkes-Barre City Police Department. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
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 also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Virginia Man Sentenced to 12 Years for Cyberstalking and Communicating Interstate ThreatsRead the Press Release
RALEIGH – Robert J. Higdon, Jr. United States Attorney for the Eastern District of North Carolina, announced that today in Federal court, WILLIAM SCOTT DAVIS, JR., a 57-year-old resident of Hampton, Virginia, was sentenced by Senior Judge W. Earl Britt to 144 months imprisonment followed by 3 years of supervised release after having been convicted of cyberstalking and communicating interstate threats.
The evidence at trial showed that DAVIS’ parental rights to his daughter were conclusively terminated in 2009, following protracted litigation with authorities in Wake County, where DAVIS was residing at the time. During the same time period, DAVIS was prosecuted for fraud offenses in Wake County relating to the forgery of his daughter’s birth certificate. Following the termination of his parental rights and his state fraud conviction in 2009, DAVIS initiated a relentless campaign of harassment and intimidation directed towards a female detective with the Cary Police Department, a female prosecutor with the Wake County District Attorney’s Office, and a female attorney in Raleigh for their roles in different aspects of the legal process. The evidence at trial established that in the summer of 2014, DAVIS sharply escalated his campaign to include email communications sent from Virginia to all three women in North Carolina which contained detailed threats of violence and rape. In addition, DAVIS stalked the Raleigh attorney by threatening her life and the lives of her family, as well as impersonating an FBI agent.
Mr. Higdon said: “The proper functioning of our social services and judicial systems requires that all its participants - prosecutors, law enforcement officers, and attorneys - be free from threats and harm. Our systems cannot function where those participants face threats, intimidation or the real risk of harm. This case is an example of the steps the United States Department of Justice and the United States Attorney’s Office will take when these public servants face these risks. Make no mistake, we will stand firmly behind our fellow prosecutors and our law enforcement and social services partners!”
The case was investigated by the Cary Police Department, Raleigh Police Department and the Federal Bureau of Investigation. Assistant United States Attorneys Ethan A. Ontjes and Adam F. Hulbig represented the government in this case.
United States Reaches Settlement with Four Facilities and Two Medical Companies to Resolve Allegations of Fraudulent Billing in Skilled Nursing FacilitiesRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – The United States Attorney’s Office announced today that it reached an agreement with four skilled nursing facilities and two consulting companies with which they contracted to resolve allegations of fraudulent billing of Medicare for the provision of skilled therapy to Medicare and Tricare beneficiaries. The four skilled nursing facilities and the two consulting companies have agreed to pay a total of $6 million in order to resolve the allegations. Caring Heart Rehabilitation and Nursing Center agreed to pay the United States $1,272,891.00. GNH, LLC agreed to pay $811,153.36. OPOP, LLC agreed to pay $608,365.02. Riverview SNF, LLC agreed to pay $1,206,590.62. Global Healthcare Services Group, LLC agreed to pay $190,000. GHC Clinical Consultants, LLC agreed to pay $1,810,000.00The settlement agreement was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Maureen Dixon, Special Agent in Charge of the Office of Inspector General for the Department of Health and Human Services.
The civil settlement resolves a lawsuit filed under the whistleblower provisions of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and obtain a portion of the government's recovery. The civil lawsuit was filed in the District of Maryland and is captioned United States ex rel. Tober v. Global Empire, LLC, et al., Civil No. RDB-12-2567. As part of the resolution, Mr. Tober will receive $990,000.
The United States alleged that during the period January 1, 2010 through January 31, 2014 the defendants billed Medicare for skilled therapy services that were either not delivered or that were medically unnecessary. Medicare provides a skilled nursing benefit that pays for rehabilitative skilled nursing services for a period of 100 days following a qualifying hospitalization. Medicare pays skilled nursing facilities (SNF) a set rate that depends on a number of factors such as the acuity of the patient and the level and amount of skilled therapy provided. The amount of skilled therapy is counted in minutes of therapy provided, and the United States alleged that the four SNFs and the two consulting companies falsely reported the number of minutes of skilled therapy that was delivered or that was medically necessary. Increasing the number of minutes in many instances brought the patient into a category that resulted in higher compensation for the SNF. The United States alleged that the consulting companies and the SNFs put systems in place to maximize Medicare and Tricare reimbursement and that caused the submission of claims for therapy services that were either not provided or that were unnecessary.
The claims resolved by this settlement are allegations only, and there has been no determination of liability. Caring Heart Rehabilitation and Nursing Center, GNH, LLC, OPOP, LLC, Riverview SNF, LLC, Global Healthcare Services Group, LLC and GHC Clinical Consultants, LLC have denied the allegations.
Acting U.S. Attorney Stephen M. Schenning thanked Assistant United States Attorney Allen Loucks and Investigator Steven Capobianco, who handled this case.
U.S. Army Reserve Soldier Arrested and Charged with Sex Trafficking and Related OffensesRead the Press Release
CHARLOTTE, N.C. – An indictment was unsealed today in federal court following the arrest of Xaver Boston, 28, of Charlotte, announced Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division, U.S. Attorney R. Andrew Murray of the Western District of North Carolina, and Special Agent in Charge John Strong of the FBI Charlotte, North Carolina, Field Division. The indictment charges Boston with six counts of sex trafficking, one count of inducing a person to travel in interstate commerce for purposes of prostitution, and two counts of using an interstate facility to promote a prostitution enterprise.
According to the indictment, between 2012 and Spring 2016, and again between Spring 2017 and September 2017, the defendant operated a prostitution enterprise and sex trafficked young women, including one minor girl. The defendant advertised the women on Backpage.com and collected the prostitution proceeds for his own profit. He provided the women with drugs, including heroin, to maintain control of their actions, and he used violence as punishment when he suspected they were withholding proceeds from him, lying to him, or not following his directions.
An indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty. Each sex trafficking count carries a minimum sentence of 15 years in prison and a maximum sentence of life, as well as mandatory restitution and a $250,000 fine.
The case is being investigated by the FBI in Charlotte and the Charlotte-Mecklenburg Police Department. The case is being prosecuted by Assistant U.S. Attorney Kimlani M. Ford of the Western District of North Carolina and Trial Attorney Matthew T. Grady of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Two Wisconsin Individuals Charged in Firearms Straw Purchasing ConspiracyRead the Press Release
United States Attorney Gregory G. Brooker today announced a federal indictment charging MICHAEL PATRICK COUPE, 27, and JAMIE FLEMING, 30, in a firearms purchasing conspiracy. COUPE is charged with one count of conspiracy and four counts of being a felon in possession of a firearm, FLEMING is charged with one count of conspiracy. Both defendants made an initial appearance today before Magistrate Judge Hildy Bowbeer in U.S. District Court in St. Paul, Minnesota.
According to the indictment, between September 13, 2017, and September 16, 2017, FLEMING purchased five separate firearms, including a Mossberg Tactical 22 .22 caliber rifle, a SCCY model CPX-2, 9mm pistol, a Phoenix model HP22A .22 caliber pistol, a Taurus model PT111 9mm pistol, and a Taurus model PT140 .40 caliber pistol. When purchasing the firearms, FLEMING falsely attested on the required ATF Forms 4473 that she was the actual purchaser of the firearms, when in fact she was not. FLEMING purchased the firearms at the direction of COUPE, who has two prior felony convictions in Sawyer County, Wisconsin, and is prohibited from possessing firearms.
According to the indictment, following the purchase of the firearms, COUPE and FLEMING transferred some or all of the firearms to others, including an individual identified as G.T., who is a convicted felon. On multiple occasions between September 14, 2017, and November 27, 2017, COUPE and FLEMING traveled from Hayward, Wisconsin to Minneapolis, Minnesota where they met with G.T. and transferred firearms to G.T.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Minneapolis Police Department, and the Sawyer County Sheriff’s Office.
Assistant U.S. Attorney Jeffrey S. Paulsen is prosecuting this case.
Defendant Information:
MICHAEL PATRICK COUPE, 27
Hayward, Wis.
Charged:
- Conspiracy – Felon in possession of firearms, 1 count
- Felon in possession of a firearm, 4 counts
JAMIE FLEMING, 30
Hayward, Wis.
Charged:- Conspiracy – Felon in possession of firearms, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
Two New York City Employees Charged in Manhattan Federal Court with Theft of Government Funds and Wire FraudRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Mark G. Peters, the Commissioner of the New York City Department of Investigation (“DOI”), announced the arrest of ERIC LUNA, an employee of the New York City Department of Youth and Community Development (“DYCD”), and IGOR GOLDSHTEYN, an employee of the New York City Fire Department (“FDNY”), for the theft of government funds and wire fraud. GOLDSHTEYN was arrested at his residence in Staten Island, New York, and LUNA was arrested outside the Manhattan headquarters of the DYCD. Both men were presented today before Magistrate Judge Kevin Nathaniel Fox in Manhattan federal court.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, Eric Luna and Igor Goldshteyn, New York City employees, betrayed the trust placed in them and abused their powers to make purchases for their respective City agencies. They allegedly sold over the internet hundreds of mobile phones intended for official use, and pocketed the proceeds of those illegal sales. Now, thanks to DOI investigators, Luna and Goldshteyn are charged with serious crimes.”
Commissioner Mark G. Peters said: “Abusing their authority to make purchases for their agencies, these defendants acted in separate schemes to greedily line their own pockets, by stealing hundreds of mobile devices meant for City use and selling them on online marketplaces for hundreds of thousands of dollars in profit, according to the charges. DOI thanks the United States Attorney for the Southern District and Verizon Wireless for their assistance and partnership in this investigation.”
According to the allegations in the Complaints[1]:
In April 2017, DOI investigators discovered that from at least in or about August 2015, hundreds of mobile telecommunications devices purchased by the FDNY and DYCD for use by agency personnel were being improperly diverted by LUNA and GOLDSHTEYN. Both the FDNY and DYCD receive federal funds – the FDNY through grants from the Department of Homeland Security, and DYCD through grants from the Department of Housing and Urban Development. LUNA and GOLDSHTEYN offered the devices for sale through third-party vendors over the internet. The proceeds from the sales of these mobile devices went into LUNA’s and GOLDSHTEYN’s personal checking and online accounts.
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In separate complaints, GOLDSHTEYN, 42, of Staten Island, New York, and LUNA, 35, of Bronx, New York, are each charged with the theft of federal funds, and wire fraud. The maximum statutory penalty for the theft of federal funds is 10 years in prison, and the maximum statutory penalty for wire fraud is 20 years in prison. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Dominic Gentile is in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the texts of the Complaints and the description of the Complaints set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Two Men Plead Guilty to Drug Trafficking ConspiracyRead the Press Release
NORFOLK, Va. – Two Portsmouth men pleaded guilty today to their involvement in a massive heroin and crack cocaine conspiracy in Hampton Roads.
According to court documents, Antonio Brown, aka “Tony Legal,” 42, and Roman Hurdle, aka “Rome,” 38, were part of a massive heroin and crack cocaine drug-trafficking conspiracy in Hampton Roads. Brown was a lieutenant in the organization, which included at least 10 participants, and Hurdle was Brown’s driver and crack manufacturer, or “cook.” Altogether, the two are responsible for distributing roughly three kilograms of heroin, four kilograms of crack, and over 20 kilograms of powder cocaine.
Each man pleaded guilty to conspiracy to distribute heroin and crack cocaine. They both face a mandatory minimum of five years and a maximum sentence of 40 years in prison when sentenced on June 18. 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 Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after Senior U.S. District Judge Robert G. Doumar accepted the pleas. Assistant U.S. Attorney William B. Jackson is prosecuting the case.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Promotional Deceit. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
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-cr-40.
Two California Men Convicted for Armed Robbery of Convenience Store on Black FridayRead the Press Release
RENO, Nev. – A federal jury convicted two men from California today for robbing a Reno convenience store at gunpoint on Black Friday, announced U.S. Attorney Dayle Elieson of the District of Nevada.
Connor Timothy Woods, 27, and Michael Miller, 31, both of Santa Rosa, California, were found guilty of one count of conspiracy to interfere with commerce by robbery, one count of interference with commerce by robbery, and one count of use of a firearm in furtherance of a crime of violence. United States District Judge Howard D. McKibben presided over the four-day jury trial. Sentencing is set for June 19, 2018.
According to court documents and evidence presented at trial, Woods entered a 7-11 located at 6150 South McCarran Blvd. on November 25, 2016. He pointed a semi-automatic handgun at the store clerk and demanded money from the cash register and the slots register drawers. When the clerk went to grab the slots register drawer, he saw Woods had put the gun down on the counter. The victim attempted to grab the gun and they began to struggle. The gun fell to the floor and the victim threw the cash drawer at Woods. Woods left the store and jumped into a mini-van outside where Miller was waiting. They stole approximately $100.
A few days later, a Reno Police Department detective found the get-away vehicle parked on the side of I-80 and the mini-van was towed back to the police station. Law enforcement was able to identify Woods as a suspect in the robbery based on evidence discovered in the mini-van and from the surveillance videos. The detective searched Woods’s criminal history and found that he was in custody in Sonoma County, California, on an unrelated charge. In an interview with the detective, Woods stated, “I admit to the 7-11 robbery. I admit to it, there that’s all you need.”
The maximum statutory penalty is 20 years in prison and a $250,000 fine for the conspiracy to interfere with commerce by robbery and interference with commerce by robbery change, and a mandatory minimum penalty of seven years consecutive to the robbery charge.
The investigation was conducted by the Reno Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Washoe County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorneys Megan Rachow and James E. Keller.
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Two Brothers Charged with Murder Conspiracy, Attempted Murder, and Firearm Offenses for Shooting of U.S. Postal CarrierRead the Press Release
CHARLOTTE, N.C. – A grand jury sitting in Charlotte returned a federal indictment charging two brothers for the shooting of a United States Postal Carrier, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina. Rashawn Donnell Williams, 29, and Dion Lamar Williams, 27, both of Charlotte, were charged with conspiracy to murder a federal employee, attempted murder of a federal employee, and discharging a firearm during, in relation to and in furtherance of a crime of violence. Rashawn Williams was also charged with possession of a firearm by a felon.
David M. McGinnis, Inspector in Charge of the Charlotte Division of the U.S. Postal Inspection Service (USPIS) joins U.S. Attorney Murray in making today’s announcement.
“As alleged in the indictment, the two men knowingly and intentionally attempted to kill a U.S. postal carrier while he was performing his official duties. I want to thank our law enforcement partners for their thorough investigation of this case, which has led to today’s federal charges,” said U.S. Attorney Murray.
Inspector in Charge McGinnis stated, “Protecting the employees of the United States Postal Service is a top priority for the U.S. Postal Inspection Service. When someone attempts to take the life of one of our employees, we stop at nothing to identify those responsible. We extend our appreciation to all our local, state and federal partners that assisted in the investigation.”
According to allegations contained in the indictment, on August 31, 2017, Rashawn Williams and Dion Williams conspired to kill a U.S. Postal Carrier. The indictment alleges that, as part of the conspiracy, Dion Williams picked up Rashawn Williams at a location on Executive Street in Charlotte. The two men traveled to the Days Inn located at 4924 Sunset Road in Charlotte, where Rashawn Williams obtained a firearm. The indictment also alleges that the two men then traveled to Archer Avenue in Charlotte, to locate the victim. The indictment further alleges that Rashawn Williams and Dion Williams attempted to kill the victim while he was delivering mail on his mail route. According to the indictment, Rashawn Williams has a prior criminal conviction and is prohibited from possessing a firearm.
The two men are currently in custody and will appear in court on the federal charges. The maximum penalty for the charge of conspiracy to murder a federal employee is life in prison. The charge of attempted murder of a federal employee carries a maximum prison term of 20 years and a $250,000 fine. The discharging of a firearm charge carries a mandatory minimum term of 10 years consecutive to any other count. The felon in possession of a firearm charge carries a maximum prison term of 10 years and a $250,000 fine.
The charges contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond reasonable doubt in a court of law.
The investigation was led by USPIS. In making today’s announcement, U.S. Attorney
Murray and Inspector McGinnis thank the FBI, ATF, U.S. Probation Office, the CharlotteMecklenburg Police Department and the Mecklenburg County Sheriff’s Office for their invaluable assistance with this case.
Assistant U.S. Attorney Jennifer Dillon, of the U.S. Attorney’s office in Charlotte, is prosecuting the case.
Twelve Individuals Indicted in Drug ConspiracyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Waylon Lee Williams, age 37, of Stilwell, Oklahoma; Chassidy Dawn Burke, age 36, of Stilwell, Oklahoma; Jesse Ryan Catron, age 37, of Stilwell, Oklahoma; Evonnie Marie Simmons, age 38, of Stilwell, Oklahoma; Josh Caleb Simmons, age 38, of Stilwell, Oklahoma; Amber Rae Kirk, age 36, of Lincoln, Arkansas; Carl Alvin Cushing, age 59, of Westville, Oklahoma; Megan Charise Watkins, age 26, of Stilwell, Oklahoma; Kris Lee Hall, age 40, of Stilwell, Oklahoma; Sharon Eloise Davis, age 51, of Bunch, Oklahoma; Brianna Lillian Smith, age 47, of Westville, Oklahoma; and Donnie Dean Burke, age 34, of Westville, Oklahoma were each indicted for Drug Conspiracy, in violation of Title 21, United States Code, Section 846, punishable by not less than 10 years imprisonment, and up to a $10,000,000 fine or both.
Waylon Lee Williams and Chassidy Dawn Burke had previously been indicted on February 18, 2018 for 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 more than 20 years imprisonment, and up to a $1,000,000 fine or both. The original indictment alleged that on or about July 28, 2017, within the Eastern District of Oklahoma, Williams and Burke knowingly and intentionally possessed with the intent to distribute 50 grams or more of a mixture or substance containing a detectable quantity of methamphetamine, a Schedule II controlled substance.
In March, the Grand Jury returned an indictment which superseded the original indictment (the “Superseding Indictment”). The Superseding Indictment alleges that Williams, Burke, Catron, Evonnie Simmons, Josh Simmons, Kirk, Cushing, Watkins, Hall, Davis, Smith, and Donnie Dean Burke, beginning on a date in 2014, the exact date being unknown to the Grand Jury, and continuing until on or about January 29, 2018, in the Eastern District of Oklahoma and elsewhere willfully and knowingly combined, conspired, confederated, and agreed together, and with others known and unknown to the Grand Jury, to commit offenses against the United States.
The charges arose as a result of an investigation by the Drug Enforcement Administration (“DEA”), the Oklahoma Bureau of Narcotics (“OBN”), the National Guard Counterdrug Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bureau of Indian Affairs, the U.S. Marshals Service, the Cherokee Nation Marshal Service, the Oklahoma Highway Patrol, the District 27 District Attorney’s Drug Task Force, the Adair County Sheriff’s Office, the Tulsa County Sheriff’s Office, the Stilwell Police Department, the Broken Arrow Police Department, and the Tulsa Police Department.
United States Attorney Brian J. Kuester said, “As we all know, methamphetamine is destructive to individuals, families, and communities, and the cost to society is beyond measure. Attacking a serious problem requires a serious commitment. The agencies that participated in this investigation gave the citizens of Adair County and Eastern Oklahoma that commitment. The agents worked thousands of hours and sacrificed their nights and weekends, and missed family gatherings for the sake of completing a professional, thorough investigation into the drug trade in and around Adair County, Oklahoma. The lead agents, who are with the DEA and OBN, worked closely with members of the United States Attorney’s Office and were assisted by prosecutors in the District 27 District Attorney’s Office. The teamwork that was involved throughout this investigation from beginning to end is an example of how federal, state, tribal, and local law enforcement and prosecutorial agencies should work together for the benefit of the public we all serve.”
DEA Assistant Special Agent in Charge Richard W. Salter Jr. said, “The DEA is committed to protecting the communities, families and especially the children of Oklahoma from the scourge of methamphetamine and all addictive drugs that continue to threaten our communities, harm our families and especially the children of Oklahoma. Working together with our State, Local and Tribal law enforcement partners is the best weapon we have to combat these criminal organizations, and this case is a notable example of that cooperation and collaboration. Today we celebrate a brief victory and tomorrow we get back to work.”
Oklahoma Bureau of Narcotics and Dangerous Drugs Control Director John Scully said, “The Oklahoma Bureau of Narcotics is proud to be a participating partner in the dismantling of this drug trafficking organization. This criminal organization was a significant source for the illegal distribution of methamphetamine, and associated crimes, that have plagued many communities for too long. This cooperative effort by law enforcement is one of many examples of the dedication of our law enforcement agencies working together to improve the quality of life for our citizens. This cooperative effort serves as a force multiplier for all law enforcement and continues to be the model we strive for in combating the criminal element that wishes to destroy lives, families and communities.”
District 27 District Attorney Jack Thorp said, “Rural Oklahoma communities have been hit hard by methamphetamine. Long term, multi-agency investigations, targeted at suppliers of methamphetamine, are extremely important to our local efforts to protect the public. An investigation of this magnitude would not be possible without the participation of all the agencies involved. I am proud to have been a part of this effort and know that the citizens of Adair County and the surrounding area appreciate the resources devoted to fighting against the sale of methamphetamine.”
A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt.
Turtle Creek Felon Charged with Illegally Possessing GunsRead the Press Release
PITTSBURGH, PA – A former resident of Turtle Creek, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal firearms laws, United States Attorney Scott Brady announced today.
The one-count indictment, returned on March 21, named Hashim Rashad, age 25, as the sole defendant.
According to the indictment, on October 18, 2017, Rashad possessed two firearms. Rashad is a convicted felon, who has previously been convicted of involuntary manslaughter and is prohibited by federal law from possessing any firearms.
The law provides for a sentence of not more than 10 years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense, and the criminal history of the defendant.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.
The Pittsburgh Bureau of Police – Narcotics and Vice Division and the Drug Enforcement Administration conducted the investigation leading to the indictment in this case.
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.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Three Nine Trey Gangsters Convicted of 2015 Violent Crime Spree in VirginiaRead the Press Release
Three members of the Nine Trey Gangsters were convicted today by a federal jury in the Eastern District of Virginia for their roles in a racketeering conspiracy that included five murders, six attempted murders, and various drug trafficking, robbery, and firearms crimes that spanned all five cities in south Hampton Roads, Virginia in 2015.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division; Acting U.S. Attorney Tracy Doherty-McCormick for the Eastern District of Virginia; Attorney General of Virginia Mark R. Herring; Special Agent in Charge Martin Culbreth of the FBI’s Norfolk Field Office; Chief Tonya D. Chapman of Portsmouth Police; Chief Larry D. Boone of Norfolk Police; Chief James A. Cervera of Virginia Beach Police; Col. K.L. Wright, Chief of Chesapeake Police and Chief Thomas E. Bennett of Suffolk Police, made the announcement after U.S. District Judge Mark S. Davis accepted the verdict.
“The Nine Trey Gangsters are a violent set of the Bloods that was responsible for a wave of cold-blooded murders that terrorized Hampton Roads during the 2015 holiday season,” said Acting Assistant Attorney General Cronan. “I commend our dedicated law enforcement partners and federal prosecutors for their tireless efforts to stand up for the five men and women who were senselessly murdered by this vicious gang. Today’s guilty verdicts – which followed a seven-week trial with over 100 witnesses – ensure that these three members of the Nine Trey Gangsters will now face justice for their participation in the gang’s murderous conspiracy.”
“These men inflicted extreme violence in Hampton Roads,” said Acting U.S. Attorney Doherty-McCormick. “They brutally murdered five people, attempted to murder six others, and in addition to selling drugs, committed robberies and other gang-related crimes. This verdict sends a clear message to gang members committing violent crimes in our communities: You will be caught, and you will be prosecuted. Together with our federal and local law enforcement partners, we will continue to aggressively pursue and prosecute these cases.”
Antonio Lee Simmons, aka Murdock and Doc, 39, of Norfolk, was convicted today of racketeering conspiracy, heroin distribution conspiracy, murder in aid of racketeering, attempted murder in aid of racketeering, assault with a dangerous weapon, use of a firearm resulting in death, use of a firearm during a crime of violence, and various firearm and drug offenses.
Nathaniel Tyree Mitchell, aka Savage, 26, of Portsmouth, Virginia was convicted today of racketeering conspiracy, murder in aid of racketeering, attempted murder in aid of racketeering, assault with a dangerous weapon, use of a firearm resulting in death, and use of a firearm during a crime of violence. Malek Lassiter, aka Leeko, 22, of Portsmouth, was convicted today of racketeering conspiracy, attempted murder in aid of racketeering, assault with a dangerous weapon, and use of a firearm during a crime of violence. Simmons, Mitchell and Lassiter will be sentenced on July 19; July 17 and July 18, 2018, respectively.
According to court records and evidence presented at trial, the Nine Trey Gangsters are part of the United Blood Nation street gang. From approximately Thanksgiving through Christmas of 2015, the gang members murdered two men and three women, most of whom had no affiliation with the gang. One victim, Linda Lassiter, 48, along with her boyfriend Wayne Davis, 48, was killed just weeks after speaking to the police about a gang-connected shooting at her daughter’s house. The body of another victim, Al-Tariq Tynes, 26, was hidden in the trunk of his car and driven around for days before he was dumped into a ditch in Chesapeake, Virginia. His body was not discovered until early 2016. Jamesha Roberts, 25, a young mother of two children under the age of five, was gunned down in Norfolk after her shift at the airport Starbucks. Witnesses testified at trial that Nathaniel Mitchell, who was in a competition with another Nine Trey member to see who could shoot the most people, killed her for “walking on the wrong side of the street.”
“Today’s verdict demonstrates the commitment of the FBI and our law enforcement partners to hold violent gang members and murderers fully accountable for their actions,” said FBI Special Agent in Charge Culbreth. “We will not stand by while violent criminals terrorize our neighborhoods and murder innocent people. I would like to thank the agents, analysts, task force officers, and prosecutors for their unwavering efforts to eliminate gang violence in our communities. We hope this verdict will encourage citizens to continue to come forward and help us provide a safer Hampton Roads.”
“These men are responsible for one of Hampton Roads’ deadliest crime sprees in recent memory,” said Virginia Attorney General Herring. “In just about one month, they inflicted death and mayhem on their communities while trying to settle scores and establish their positions in their gang. Hampton Roads will be safer with these men off the streets, and I appreciate all the hard work and cooperation of local, state, and federal law enforcement and prosecutors that has brought them to justice.”
According to court records and evidence presented at trial, Antonio Lee Simmons was the head of a locally based “line” of the gang. After two subordinate members, Anthony Foye and Nathaniel Mitchell, were arrested for an armed robbery of a Shell gas station on Dec. 27, 2015, law enforcement linked a gun and shell casing recovered after the robbery to nine of the crime scenes. Additionally, the same getaway car used at the robbery was captured on video fleeing the scene of a shooting at the Aqua Lounge nightclub in Virginia Beach on Dec. 20, 2015. The two-year investigation by Portsmouth Police Department’s gang unit and the FBI included a technological analysis that tied the gang members to crime scene locations.
A total of six defendants were charged in federal court. In addition to today’s three defendants, who were convicted following a seven-week trial, three defendants pleaded guilty prior to trial. Anthony Foye, aka Ace and Bull, 26, of Portsmouth, pleaded guilty to murder in aid of racketeering and is scheduled to be sentenced on May 2. Alvaughn Davis, aka LB, 29, of Portsmouth, pleaded guilty to use of a firearm resulting in death, racketeering conspiracy, and accessory after the fact to murder in aid of racketeering. Davis was sentenced on Oct. 17 to serve 45 years in prison. Donte Brehon, aka Dog Nutz, 36, of Norfolk, pleaded guilty to accessory after the fact to assault with a dangerous weapon in aid of racketeering, and distribution and possession with intent to distribute heroin. Brehon was sentenced on June 5, 2017, to serve 160 months in prison.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Billy Club. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Assistant U.S. Attorneys Joseph E. DePadilla and Andrew C. Bosse, Special Assistant U.S. Attorney John F. Butler of the Eastern District of Virginia and Trial Attorney Teresa A. Wallbaum of the Criminal Division’s Organized Crime and Gang Section, are prosecuting the case.
Three Emporia Residents Sentenced for Drug Trafficking ConspiracyRead the Press Release
RICHMOND, Va. – Three defendants were sentenced yesterday and today to a combined 36 years in prison for participating in a lengthy and extensive drug trafficking conspiracy.
According to court documents, Steve Allen Hicks, 42, Brittany Owens, 28, and Dexter Banks, 30, all of Emporia, Virginia, were members of a drug trafficking organization which operated in Emporia and the surrounding area dating back to at least 2013. During the conspiracy, these defendants along with several other co-conspirators, distributed large amounts of crack cocaine, powder cocaine, heroin and marijuana to hundreds of customers in Southeast Virginia. Owens was sentenced yesterday to 10 years in prison, Banks to 11 years and 8 months, and Hicks was sentenced today to 15 years in prison.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Bulls Eye. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by Senior U.S. District Judge Robert E. Payne. Assistant U.S. Attorney Peter S. Duffey prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:17-cr-80.
The United States Attorney’s Office’s Twitter AccountRead the Press Release
Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that his Office has a Twitter account to assist in providing news, announcements, and other information to the public. To follow the Office on Twitter, go to http://twitter.com/USAO_EDWA, or add our Twitter address @USAO_EDWA to the Twitter app on your mobile device. In addition to Twitter, the U.S. Attorney’s Office also maintains a website, which remains the primary source of information for our office. The office will also continue its current practice of issuing press releases via email.
Tampa Man Sentenced for Conspiracy to Commit Theft of Government Property and Aggravated Identity TheftRead the Press Release
Tampa, FL – Chief U.S. District Judge Steven D. Merryday today sentenced Rico Simmons (42, Tampa) to seven years in federal prison for conspiracy to commit theft of government property, access device fraud, and aggravated identity theft. As part of his sentence, the court also ordered him to pay $156,100.12 in restitution to the Internal Revenue Service, and entered a separate money judgment against him in the same amount.
Simmons pleaded guilty on December 20, 2017.
According to court documents, beginning in August 2012, Simmons and his co-defendants, Natalie Panko (a/k/a Rene Brown) and Mazie Hill, conspired among themselves, and with others, to extract tax fraud proceeds from debit cards using Panko and Hill’s restaurant businesses – Ladies of the Sea and Mazie’s Soulfood. The conspirators used stolen identities to file false tax returns and activated debit cards and bank accounts that then received the fraudulently claimed tax refunds. Panko and Hill made the debit card charges appear as restaurant-related transactions. Simmons, Panko, and Hill then shared in the proceeds of the fraud.
Panko pleaded guilty earlier this year and is scheduled to be sentenced on April 11, 2018. Hill also pleaded guilty and was sentenced to two years in federal prison.
This case was investigated by the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Megan Kistler and Simon Gaugush.
Susanville Man Indicted for Unlawful Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment today against David Lopez, 33, of Susanville, charging him with unlawful possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on March 17, 2018, Lopez was found in possession of a Glock 26 handgun, along with a loaded extended magazine. Lopez has previously been convicted of a felony and is not permitted under federal law to possess firearms.
This case is the product of an investigation by the Federal Bureau of Investigation and the Susanville Police Department. Assistant U.S. Attorney Owen Roth is prosecuting the case.
If convicted, Lopez faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to combat gun and gang crime. At the core of PSN is increased federal prosecution to incapacitate chronic violent offenders as well as to communicate a credible deterrent threat to potential gun offenders.
Spartanburg Initiative to Combat Domestic Violence Results in 108-month Federal Prison Sentence for OffenderRead the Press Release
Spartanburg, South Carolina ---- After previously entering a guilty plea for the illegal possession of a firearm in January 2017, James Lee Sarratt, Jr., age 50, of Spartanburg, was sentenced today to 108 months in federal prison.
Sarratt, a previously convicted felon who is prohibited from possessing firearms or ammunition, was arrested on federal firearms charges on October 31, 2016, and has remained in custody, detained without bond, since his federal arrest.
The facts presented at the guilty plea hearing and sentencing hearing established that on the morning of September 30, 2016, members of the Spartanburg County Sheriff’s Office (SCSO) responded to a domestic disturbance involving a firearm at a residence in Spartanburg. When deputies arrived at the residence, witnesses alerted SCSO that Sarratt had a firearm. Sarratt did not have a firearm on him when deputies approached him but Sarratt later admitted he put the firearm in a truck at the residence. Inside the bedroom of the residence, a male was on the floor with a gunshot wound to his abdomen.
One witness told SCSO that during an argument in the bedroom, with the child present, Sarratt retrieved his .40 caliber pistol from under the mattress. Ultimately one witness attempted to grab Sarratt’s arm. The gun went off and the witness fell to the ground, shot in the abdomen. Sarratt then left the residence to place his firearm in his truck.
A search warrant obtained for the property yielded a black Hi-Point JCP, .40 caliber pistol loaded with seven (7) rounds of Winchester .40 caliber ammunition in a pick-up truck and a box containing fourteen (14) rounds of Winchester .40 caliber ammunition in the bedroom.
Sarratt’s case was investigated by the Spartanburg County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The case is assigned to 7th Circuit Assistant Solicitor and Special United States Attorney Jennifer Wells and First Assistant United States Attorney Lance Crick.
Sarratt’s plea was the first one to emanate out of “Home Front”, a focused deterrence-based initiative to combat domestic violence led by 7th Circuit Solicitor Barry Barnette. The initiative, launched last month has the support and partnership of the U.S. Attorney’s Office.
Modelled after a program started in High Point, NC, members of the Home Front task force began earlier this fall, meeting with representatives from every police department in Spartanburg county as well as the Sheriff’s Office. The Spartanburg County State Probation office and victim’s advocate stalwart, SAFE Homes, also serve as critical partners in this effort.
Under the guidance of Solicitor Barnette and High Point (NC) Chief Marty Sumner, Home Front has quickly gone from concept to reality. High Point’s model and research suggests that early intervention is key in stopping the cycle of violence. The Home Front strategy identifies and focuses on offenders at the earliest stages of offending, before their violent conduct is entrenched and escalating.
According to the Center for Disease Control and Prevention, domestic violence is a community crime problem that costs the United States over $5.8 billion every year. It is a major drain on law enforcement resources as domestic violence generates a high volume of calls and repeated calls to the same location. Domestic violence homicides make up 40–50 percent of all murders of women in the United States. Women who have experienced a history of domestic violence report more health problems than other women and they have a greater risk for substance abuse, unemployment, alcoholism, and suicide attempts.
Research shows that the repeat domestic violence offender tends to have a significant criminal history that includes a wide range of both domestic violence and non-domestic violence offenses. Most of these offenders are readily identified as they are known to the criminal justice system. The Home Front initiative exposes the repeat domestic violence offender to sanctions because of his pattern of criminal behavior.
According to the 2015 Violence Policy Center When Men Murder Women report, South Carolina led the nation in rates of women murdered by men. Sixty-six percent (66%) of the victims were killed with a firearm and ninety-six percent (96%) of women murdered were killed by someone they knew.
In Spartanburg County during the 2015 calendar year, SAFE Homes serviced 6726 victims of domestic violence. In the same time frame, the Spartanburg Police Department charged 907 domestic violence cases and the Spartanburg County Sheriff’s Office charged 1068 domestic violence cases. There were fourteen (14) domestic related deaths in Spartanburg County in 2015.
Solicitor Barnette has had enough. “Domestic violence is violence, period. It continues to plague our community--so costly and harmful to families and children, persisting year after year. It is time for these offenders to get our best shot—our best efforts. That is Home Front.”
United States Attorney Beth Drake agrees. “The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco and Firearms welcome the opportunity to partner with Solicitor Barnette and state law enforcement, and to use federal gun laws to pull violent offenders who are abusing their families and loved ones out of the community. The goal is simple – stop the abuse, or swift and sure, the full force of a coordinated law enforcement effort will come to bear to stop you from abusing. Home Front takes the burden of addressing abusers from the victims and shifts it to us – a very engaged group of local, state, and federal law enforcement.”
U.S. Attorney Drake further stated, “South Carolina has been in the top ten states for men who kill women for the last 20 years, and ranked in the top 5 for six years in a row in 2015. Domestic violence calls pose a potentially lethal risk to both the intimate partner and the responding law enforcement. As a State, we have to do more. Solicitor Barnette is leading the way here in South Carolina in finding a way to turn the tide on domestic violence.”
The Home Front task force began a thorough, eight-step implementation process in the fall. The steps included training officers, synchronizing the coding of calls among the law enforcement agencies to harmonize communication--to create a back stop of sorts so that no domestic calls or offenders slip through the cracks among the sixteen municipal law enforcement entities in Spartanburg County. Very early in the implementation process, the task force began creating a comprehensive list of domestic violence offenders from the previous twelve months of arrests in Spartanburg County for domestic-related incidents. Offenders were categorized from most dangerous (Class A), repeat offender (Class B), first time DV arrest (Class C), and any non-arrest domestic violence interface with law enforcement (Class D). For the most serious or repeat offenders, pending cases are fast-tracked to ATF and the US Attorney’s Office for immediate federal prosecution or prioritized for expedited state prosecution. This process includes creating an enhanced system of tracking for offenders who are notified at any level or category. Custom notification letters, hand-delivered by law enforcement to offenders within 48 hours of the initial law enforcement contact, serve to alert offenders that they are on the Home Front radar going forward as well as detailing presumptive sentences for future acts of violence or prohibited behavior.
Solicitor Barnette is optimistic about the collaboration and is confident the focus and dedication of this task force will not waiver. “Securing our communities and ensuring that victims and children can feel safe in their own homes—breaking this horrific cycle of violence, that is our charge.”
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South Carolina Man Sentenced to Two Years for Synthetic ID Bank FraudRead the Press Release
CHARLOTTE, N.C. – U.S. District Judge Robert J. Conrad, Jr. sentenced a South Carolina man late yesterday to 24 months in prison, followed by two years of supervised release, in connection with a “synthetic identity” bank fraud scheme, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina. Judge Conrad also ordered Charles Whitlock, Jr., 51, of Rock Hill, S.C. to pay $310,268.51 in restitution. Whitlock pleaded guilty to bank fraud in October, 2017.
David M. McGinnis, Inspector in Charge of the Charlotte Division of the U.S. Postal Inspection Service (USPIS) and John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, join U.S. Attorney Murray in making today’s announcement.
According to filed court documents and court hearings, Whitlock executed a synthetic identity fraud scheme from December 2013 to April 2017, through which he fraudulently obtained more than $251,000 from a financial institution by obtaining credit cards using synthetic identities. A synthetic identity is a fictitious identity created using a combination of real and fabricated information about people, or sometimes entirely fictitious information about people, including names, social security numbers (SSN), dates of birth (DOB).
Whitlock also used social media to offer so-called “credit repair services,” claiming he could help customers acquire new lines of credit, car loans and better FICO scores, among other things. Whitlock omitted to disclose that he was engaging in fraudulent activity involving synthetic identities.
In July 2017, the U.S. Government Accountability Office (USGAO) issued a summary report of a forum convened by the Comptroller General of the United States on the topic of synthetic identity fraud (SIF). A panel of experts concluded that SIF is a growing problem that poses a threat to “the financial system, government programs and national security.” The USGAO’s full report is available at https://www.gao.gov/assets/690/686134.pdf
The investigation was led by USPIS and the FBI. Assistant U.S. Attorneys Thomas O’Malley and Ben Bain-Creed, of the U.S. Attorney’s office in Charlotte, prosecuted the case.
South Carolina Man Sentenced to Two Years for Synthetic ID Bank FraudRead the Press Release
CHARLOTTE, N.C. – U.S. District Judge Robert J. Conrad, Jr. sentenced a South Carolina man late yesterday to 24 months in prison, followed by two years of supervised release, in connection with a “synthetic identity” bank fraud scheme, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina. Judge Conrad also ordered Charles Whitlock, Jr., 51, of Rock Hill, S.C. to pay $310,268.51 in restitution. Whitlock pleaded guilty to bank fraud in October, 2017.
David M. McGinnis, Inspector in Charge of the Charlotte Division of the U.S. Postal Inspection Service (USPIS) and John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, join U.S. Attorney Murray in making today’s announcement.
According to filed court documents and court hearings, Whitlock executed a synthetic identity fraud scheme from December 2013 to April 2017, through which he fraudulently obtained more than $251,000 from a financial institution by obtaining credit cards using synthetic identities. A synthetic identity is a fictitious identity created using a combination of real and fabricated information about people, or sometimes entirely fictitious information about people, including names, social security numbers (SSN), dates of birth (DOB).
Whitlock also used social media to offer so-called “credit repair services,” claiming he could help customers acquire new lines of credit, car loans and better FICO scores, among other things. Whitlock omitted to disclose that he was engaging in fraudulent activity involving synthetic identities.
In July 2017, the U.S. Government Accountability Office (USGAO) issued a summary report of a forum convened by the Comptroller General of the United States on the topic of synthetic identity fraud (SIF). A panel of experts concluded that SIF is a growing problem that poses a threat to “the financial system, government programs and national security.” The USGAO’s full report is available at https://www.gao.gov/assets/690/686134.pdf
The investigation was led by USPIS and the FBI. Assistant U.S. Attorneys Thomas O’Malley and Ben Bain-Creed, of the U.S. Attorney’s office in Charlotte, prosecuted the case.
Smugglers Sent to Prison for Transporting Aliens in Tractor-TrailerRead the Press Release
LAREDO, Texas – Two men and a woman have been sent to federal prison for their participation in a smuggling attempt in the back of a tractor-trailer, announced U.S. Attorney Ryan K. Patrick. Minkah Ra Rashaad and Sherine Ovanna Watson, both 28, and 30-year-old Jesus Roberto Contreras pleaded guilty Nov. 2, 2017, to conspiracy to transport undocumented aliens.
Today, visiting U.S. Appellate Judge Kimberly Moore sentenced Contreras, of Laredo, to 97 months in prison, while Rashaad, of Washington D.C., and Watson, of Suitland, Maryland, to 30 and 18 months in prison, respectively. Contreras will also serve three years of supervised release, while the other two will be on supervised release for two years following completion of their sentences. Contreras’s lengthy sentence is due to his prior criminal history and his involvement in multiple other alien smuggling events.
On March 14, 2017, Contreras recruited Rashaad and Watson to smuggle several undocumented aliens in the back of a tractor-trailer from Laredo past the Border Patrol checkpoint on IH-35 north. Contreras loaded the aliens into the trailer and also scouted for law enforcement. Rashaad and Watson never made it to the checkpoint as law enforcement stopped the tractor-trailer in downtown Laredo and discovered the hidden aliens.
Contreras and Watson are in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future, while Rashaad was permitted to remain on bond and voluntarily surrender at a later date.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the Laredo Police Department. Special Assistant U.S. Attorney Lisa M. Ezra prosecuted the case.
Sinking Spring, PA Man Sentenced 5 Years for Fraudulent ClaimsRead the Press Release
Rafael Christopher Cirino, 36, of Sinking Spring, Pennsylvania, was sentenced on Friday by the Hon. Edward G. Smith, United States District Judge, to a term of 60 months’ imprisonment, to be followed by supervised release for a period of 5 years, as well as a $1,700 special assessment, announced United States Attorney Louis D. Lappen. This conviction was the result of a collaboration of federal, state and local law enforcement agencies in order to halt fraudulent claims for state benefits, mortgage fraud, and insurance fraud.
According to the indictment and guilty plea, between October 2016 and March 2017, Cirino submitted fraudulent claims for unemployment compensation benefits with the State of Pennsylvania using fictitious identities. Cirino also submitted multiple fraudulent claims under insurance policies regarding business property that had allegedly been stolen. Cirino further used the fictitious identity of one phantom employee of the business to submit multiple residential mortgage loan applications containing materially false information. Last, Cirino possessed numerous hologram images depicting the seals of various States, in conjunction with blank plastic cards containing magnetic stripes and clear laminating film, suitable for fabricating false identification documents.
The sentence follows Cirino’s plea of guilty on October 18, 2017 to each of the counts contained in a pending Indictment charging him with four counts of mail fraud, two counts of fraudulent misrepresentation of a Social Security number, four counts of wire fraud, two counts of making false statements in a mortgage loan application, and a single count possession of an authentication feature, intending that the authentication feature be used in a false identification document.
“Rafael Cirino misused the identities of others to fraudulently obtain unemployment compensation benefits by engaging in a scheme to defraud the Pennsylvania Department of Labor and Industry,” said Richard Deer, Special Agent-in-Charge, Philadelphia Region, and U.S. Department of Labor Office of Inspector General. “We will continue to work with our federal, state, and local law enforcement partners to safeguard unemployment compensation benefits programs.”
The case was investigated by the Department of Labor’s Office of Inspector General, the United States Postal Inspection Service, the Pennsylvania State Police, the Spring Township Police Department, and the Pennsylvania Department of Labor and Industry, Internal Audits Division. The case is being prosecuted by Assistant United States Attorney Seth Schlessinger.
Senenca County Man Sentenced on Child Pornography ChargesRead 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 Christopher Eberhardt, 34, of Ovid, NY, who was convicted following a federal jury trial of distribution, receipt, and possession of child pornography, was sentenced to 180 months in prison and 15 years supervised release.
Assistant U.S. Attorneys Kyle Rossi and Craig Gestring, who handled the prosecution of the case, stated that Eberhardt was part of a network of more than 70 individuals engaged in the trading of child pornography. The network was first discovered by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations (HSI) working in Hartford, Connecticut. Agents from the Buffalo, NY Field Office of HSI uncovered a digital trail, which led to the arrest the defendant. In total, Eberhardt was found to be in possession of more than 2,000 images and 132 videos of child pornography. He was also found to have distributed child pornography to other individuals.
“Let this case serve as reminder, or better yet a warning, to those who feel protected committing their crimes in the virtual world online,” stated U.S. Attorney Kennedy. “We will track you down and prosecute you, and the consequences you will suffer as a result of your crimes may well include a very real—and very long—stay in a federal prison.”
“This sentencing ensures that Mr. Eberhardt will no longer have access to children.” said ICE-HSI Special Agent-in-Charge Kevin Kelly. “It is also a reminder that predators are increasingly utilizing social networking sites to prey on children, and of the need for parents to be vigilant and aware of their children's internet activity.”
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major Richard Allen.
Russian Citizen Sentenced to 18 Months in Federal Prison for Attempting to Illegally Export More Than $100,000 in Firearm Parts and AccessoriesRead the Press Release
CHICAGO — A Russian citizen was sentenced today to 18 months in federal prison for attempting to illegally export from the United States more than $100,000 in firearm parts, ammunition and accessories, including parts designed for assault rifles.
KONSTANTIN CHEKHOVSKOI was apprehended by Homeland Security Investigations (HSI) Special Agents at O’Hare International Airport in Chicago on April 26, 2017, as he attempted to board a flight for Stockholm, Sweden. In Chekhovskoi’s eleven checked bags were the firearm parts, ammunition and accessories, including bullets, rifle magazines, triggers, stocks, muzzle brakes and scopes, many of which were designed for assault rifles such as AK-47s and M4s. Chekhovskoi lacked the required license for the export-controlled items.
Chekhovskoi, 44, of St. Petersburg, Russia, pleaded guilty last year to one count of attempting to fraudulently and knowingly export firearm parts. U.S. District Judge Sara L. Ellis imposed the 18-month prison term and fined Chekhovskoi $100,000.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and James M. Gibbons, Special Agent-in-Charge of the Chicago office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Sergio Olivas, 31, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge.
Olivas was arrested on Jan. 22, 2018, on an indictment charging him with possession of more than 50 grams of methamphetamine with intent to distribute. According to the indictment, Olivas committed the offense on Dec. 4, 2017, in Chaves County, N.M.
During today’s change of plea hearing, Olivas pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Olivas faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of Homeland Security Investigations and the Chaves County Metro Narcotics Task Force and is being prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Rose Bud Resident Pleads Guilty to Production of Child PornographyRead the Press Release
Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today that Michael B. Stephens, Jr., 43, of Red Bud, Illinois, has pled guilty to an indictment charging him with two counts of production of child pornography. Stephens faces a term of imprisonment of 15 to 60 years, a fine of up to $500,000, and a term of supervised release of five years to life. Stephens will also have to register as a sex offender after he is released from prison. Stephens’s sentencing has been scheduled for June 29, 2018, at 10:00 a.m., in East St. Louis, Illinois.
The charges against Stephens stemmed from an investigation which revealed that in 2016 he used cellular phones and tablets to record himself engaging in sexual intercourse with a minor female on at least twenty-five occasions.
The case was investigated by the Federal Bureau of Investigation’s Springfield Child Exploitation Task Force, as well as the Waterloo, Illinois, Police Department. The case is assigned to Assistant United States Attorney Daniel T. Kapsak.
Robber with Forehead Tattoo Sentenced to 30 YearsRead the Press Release
RICHMOND, Va. – A man whose forehead tattoo helped victims and investigators confirm his identity was sentenced today to 30 years in prison for possessing a firearm during two robberies of convenience stores in late 2016.
According to court documents, Vince Nicholas, 24, of Petersburg, committed six robberies over a three month span in late 2016. On Dec. 11, 2016, Nicholas entered a 7-Eleven in Hopewell and robbed two store clerks for cash and products. During the robbery, the clerks noticed Nicholas had a distinct tattoo in the middle of his forehead. The clerks later described it as a “half-sun” shape. Law enforcement subsequently arrested Nicholas at his home after receiving an anonymous tip alleging that he was conducting the robberies. During a post-arrest interview, Nicholas admitted to the 7-Eleven robbery in Hopewell as well as five additional robberies where he can be identified by victims and/or on camera by his clothing and/or distinctive forehead tattoo.
During each robbery, Nicholas possessed and brandished the firearm toward store employees demanding money and, on at least one occasion, threatening the victims’ life.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Thomas L. Chittum, III, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge Robert E. Payne. Assistant U.S. Attorney Stephen E. Anthony prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:17-cr-120.
Repeat Offender Sentenced to 35 Years for Child PornographyRead the Press Release
CHARLOTTE, N.C. – Johnny Allen Hass, Jr., 49, of Charlotte, was sentenced today to 35 years in prison for transportation of child pornography charges, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina. U.S. District Judge Robert J. Conrad, Jr. also ordered Hass to serve a lifetime of supervised release and to register as a sex offender after he is released from prison.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division joins U.S. Attorney Murray in making today’s announcement.
According to court documents and information introduced at the sentencing hearing, on June 28, 2016, Hass used a peer-2-peer network to transport multiple files containing child pornography via the internet to an undercover FBI agent. During a subsequent search of Hass’s residence in Charlotte, law enforcement seized a thumb drive. Law enforcement also seized a cell phone from Hass. Forensic analyses of those devices revealed that Hass possessed 78 videos of child pornography, some of which depicted the sadistic and masochistic sexual abuse of prepubescent minors as well as other violent conduct.
Hass was convicted in Florida in 1987 for Attempted Lewd Assault Upon a Child, and for Aggravated Assault with a Deadly Weapon. In 1996, Hass was convicted federally for transportation of child pornography and again in 1998 for receipt of child pornography. He was also convicted in 2015 in Mecklenburg County for a sex offender registry violation. According to the terms of his supervised release for his prior federal convictions, Hass was prohibited from owning a computer, an internet hub, or any device that could access the internet.
Hass pleaded guilty to transportation of child pornography on August 7, 2017. He is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The FBI led the investigation. Assistant U.S. Attorney Cortney Randall of the U.S. Attorney’s Office in Charlotte prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and 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 www.projectsafechildhood.gov.