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2 May 2018
Brazilian National Sentenced to 57 Months for Debit Card Fraud and Identity Theft in ATM Skimmer CaseRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced Romany Cutolo Bonente (33, São Paulo, Brazil) to four years and nine months in federal prison for conspiring to produce and use counterfeit debit cards and for aggravated identity theft. He pleaded guilty on December 1, 2017.
According to court documents, between December 2016 and July 2017, Bonente and his co-conspirators fraudulently obtained debit card numbers by attaching skimming devices to various ATMs in the Orlando area, including Longwood, Kissimmee, and Apopka. They also illegally obtained personal identification numbers (PINs) by attaching small video recording devices to the ATMs. The stolen card numbers were then encoded onto counterfeit cards, which they used together with the stolen PINs, to make fraudulent cash withdrawals from the victims’ bank accounts. Investigators recovered more than 2,500 stolen card numbers from Bonente’s laptop computer.
This case was investigated by the U.S. Secret Service, Orlando Field Office, the Apopka Police Department, and the U.S. Secret Service Brazil Resident Office. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.
Boothbay Harbor Man Sentenced to 47 Months for Firearm OffenseRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Michael Brewer, 62, of Boothbay Harbor, Maine was sentenced today in U.S. District Court by Judge Jon D. Levy to 47 months in prison for being a felon in possession of a firearm.
According to court records, an attempted traffic stop of Brewer by the Lincoln County Sheriff’s Office on May 13, 2017 turned into a high-speed case. The chase ended when Brewer crashed and rolled the truck he was driving. A search of the truck revealed that Brewer was in possession of a handgun. It was also determined that Brewer had a blood-alcohol level of .308%.
Brewer was not permitted to possess firearms because of several prior felony convictions, including: Burglary (2015); Criminal Operating Under the Influence (2006); Operating After Revocation (2006); Attempted Murder (1989); and Aggravated Assault (1989).
In pronouncing sentence, Judge Levy noted that the “bone-chilling” high speed pursuit, in combination with Brewer’s criminal history, which consisted of 39 prior convictions, required a lengthy sentence in this case.
The case was investigated by the Lincoln County Sheriff’s Office; the Boothbay Harbor Police Department; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Blunt Man Sentenced for Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Blunt, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on April 30, 2018, by U.S. District Judge Roberto A. Lange.
Robert Dwayne Spaid, age 61, was sentenced to time served equal to 2 days in custody, 2 years of supervised release, a fine of $2,500, forfeiture of a Rossi .22 caliber rifle and 37 rounds of 12-gauge shotgun ammunition, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Spaid was indicted by a federal grand jury on December 13, 2016. He pled guilty on February 8, 2018.
The conviction stemmed from an incident that occurred on October 27, 2016, in Pierre. On that day, Spaid was driving a vehicle in Pierre and was stopped for a traffic violation by deputies from the Hughes County Sheriff’s Office. Spaid’s vehicle was subsequently searched and a .22 caliber rifle was seized from the vehicle. On November 23, 2016, law enforcement executed a search of Spaid’s residence and seized multiple rounds of 12-gauge shotgun ammunition.
Spaid was convicted of Unauthorized Possession of a Controlled Substance (Class 4 Felony) in 2004, making it illegal for him to possess firearms. Spaid will forfeit ownership of the rifle and ammunition to the United States.
This case was investigated by the Hughes County Sheriff’s Office and the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Spaid was released to begin serving supervised release.
Biloxi Man Pleads Guilty to Possession of Child PornographyRead the Press Release
Gulfport, Miss. – Christopher Bryan Smith, age 45, of Biloxi, pled guilty yesterday before United States District Judge Louis Guirola, Jr. to one count of knowingly possessing visual depictions of minors engaging in sexually explicit conduct, announced U.S. Attorney Mike Hurst and Thomas Annello, Acting Special Agent in Charge of U.S. Immigration and Customs Enforcement's Homeland Security Investigations (HSI) in New Orleans.
An investigation conducted by HSI with the Wiggins Police Department and the Gulf Coast Cyber Crime Task Force resulted in the identification of an internet protocol address belonging to Christopher Brian Smith and his use of a computer file sharing program. Thereafter, a federal search warrant was executed on July 13, 2017, at Smith’s Biloxi residence. Smith’s electronic devices were seized and forensic examinations were conducted. The examination reports, as well as the submissions of the visual depictions found and submitted to the National Center for Missing and Exploited Children, resulted in a finding that Smith knowingly possessed visual depictions of minors engaging in sexually explicit conduct, to include visual depictions of a minor who had not attained 12 years of age.
Smith will be sentenced on August 16, 2018, at 9:00 a.m. by U.S. District Judge Sul Ozerden in Gulfport. He faces a maximum penalty of 20 years in prison followed by at least five years of supervised release and a $250,000 fine. The case was investigated by Homeland Security Investigations, the Gulf Coast Cyber Crime Task Force, and the Wiggins Police Department. It was prosecuted by Assistant U.S. Attorney Andrea Jones.
Bangor Man Sentenced in Federal Drug Conspiracy ChargeRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Yanel Greene, a/k/a “Nel”, 35, of Bangor, Maine, was sentenced to eight years imprisonment and a three year term of supervised release in U.S. District Court in Bangor, Maine on his conviction for conspiracy to possess with the intent to distribute and distribute heroin, crack cocaine and oxycodone.
According to court records, between January 2013 and September 2015, Greene conspired with others to distribute cocaine base, heroin and oxycodone in the Bangor area and elsewhere. Greene would obtain the drugs from sources in New York City and arrange for others to transport the drugs back to the Bangor area. Greene would then provide the drugs to others who would distribute the drugs and bring the drug proceeds back to him. The Court held Greene responsible for distributing in excess of one kilogram of heroin and two kilograms of crack cocaine.
The case was related to the prior prosecution of Mario Lee, a/k/a “Moe,” who was sentenced to 218 months imprisonment for his role in the conspiracy. The case was investigated by the Maine Drug Enforcement Agency and the U.S. Drug Enforcement Administration. This case was investigated and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Allentown Man who Bribed Allentown Mayor and Reading School Board President Sentenced to 18 Months in PrisonRead the Press Release
James Hickey, 54, of Allentown, was sentenced today to 18 months in federal prison by U.S. District Judge Juan Sanchez, announced U.S. Attorney William M. McSwain.
Today’s sentencing stemmed from Hickey’s guilty plea in December 2017 to two sets of criminal charges. First, Hickey pled guilty to bribing the Reading school board president in exchange for confidential information about a company’s bid on an energy contract with the school district; Hickey admitted that he wanted this confidential information so that his client could submit a lower bid. Second, Hickey pled guilty to giving campaign contributions to Allentown Mayor Ed Pawlowski so the mayor would steer the city’s street lights contract (worth about $3 million) to a company called The Efficiency Network, for which Hickey worked as a consultant. As stated in the government’s sentencing memo, Hickey said he would provide a steady stream of contributions to Pawlowski but that Pawlowski “has got to perform.” Following a six-week trial that ended in February, a jury found Pawlowski guilty for his part in the pay-to-play scheme.
“This was textbook pay-to-play, and this defendant played it brazenly,” U.S. Attorney McSwain said. “He corrupted the contracting process of each city and left no room for an honest evaluation of contracts for the benefit of the citizens. Under these circumstances, we believe the prison sentence was absolutely justified.”
The case is being prosecuted by Assistant United States Attorneys Michelle Morgan and Anthony Wzorek of the U.S. Attorney’s Office for the Eastern District of Pennsylvania. The case is being investigated by the Federal Bureau of Investigation, Internal Revenue Service - Criminal Investigation and Pennsylvania State Police.
Albuquerque Surgeon Pleads Guilty to Obstructing Enforcement of Child Sex Trafficking LawsRead the Press Release
ALBUQUERQUE – Glenroy Heywood, 55, of Albuquerque, N.M., pleaded guilty late yesterday afternoon in federal court to obstructing the enforcement of the child sex trafficking laws announced U.S. Attorney John C. Anderson, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, and Bernalillo County Sheriff Manuel Gonzales, III.
Heywood, a physician with a general surgery subspecialty, was arrested on Aug. 30, 2017, on an indictment charging him with attempting to recruit or entice a minor to engage in a commercial sex act in Bernalillo County, N.M., on Feb. 8, 2017. Heywood’s medical license has been suspended as the result of the charges in this case.
During yesterday’s change of plea hearing, Heywood pled guilty to a felony information charging him with obstructing, and attempting to obstruct, the enforcement of the federal child sex trafficking statute. In entering the guilty plea, Heywood admitted arranging to meet a person whom he believed to be a 15-year-old female at an Albuquerque-area hotel for the purposed of engaging in a commercial sex act on Feb. 8, 2017. Heywood acknowledged that shortly after he entered the hotel room, law enforcement officers arrested him as he attempted to evade arrest by fleeing out of the room.
At sentencing, Heywood faces a statutory maximum penalty of 20 years in federal prison. Heywood also will be required to register as a sex offender. A sentencing hearing has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Letitia C. Simms is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Albuquerque Man Sentenced for Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Harold Jim, 40, of Albuquerque, N.M., entered a guilty plea today in federal court to violating the Sex Offender Registration and Notification Act (SORNA). Immediately thereafter, Jim was sentenced to 24 months of imprisonment followed by five years of supervised release. Jim will be required to register as a sex offender when he completes his prison sentence pursuant to his previous conviction.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Jim was charged by indictment on April 12, 2016, with violating SORNA by failing to update his sex offender registration from Dec. 10, 2015 through March 8, 2016, in Bernalillo County, N.M.
During today’s proceedings, Jim pled guilty to the indictment and admitted that he registered as a sex offender under SORNA on Dec. 1, 2015, while residing at a halfway house in Albuquerque, but left the halfway house on Dec. 10, 2015. Jim further admitted that he was later arrested by the U.S. Marshals Service on March 8, 2016, in McKinley County, N.M., where he had been living and had not registered under SORNA.
This case was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorney Michael D. Murphy.
14 Charged with Making Fake Prescriptions to Obtain & Distribute Codeine Cough SyrupsRead the Press Release
COLUMBUS, Ohio – Law enforcement officials arrested seven individuals today in “Operation Purple Drank.” Fourteen total were previously indicted by a federal grand jury on charges unsealed today of conspiring to distribute codeine-promethazine, obtaining controlled substances by fraud and illegally using DEA registration numbers. Four defendants are already in custody on prior charges and three have not yet been apprehended.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA), announced the charges.
This investigation began when law enforcement officials with the Wooster Police Department, MEDWAY Drug Enforcement Agency in Wayne County and Parma Police Department identified multiple fictitious prescriptions.
In addition, the Warren County Drug Task Force, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), State of Ohio Board of Pharmacy, Ohio Bureau of Criminal Investigation, Delaware County Sheriff’s Office, Hocking County Major Crimes Unit and the Columbus, Dublin and Gahanna police departments also investigated this case.
According to the indictment, from January 2016 until February 2017, the co-conspirators allegedly created a significant number of fraudulent and forged prescriptions for codeine-promethazine syrup. It is also alleged that individuals were recruited to travel from Columbus, Ohio to various pharmacies in Ohio to fill the fake prescriptions.
Those charged include:
Name
Age
City
Mohamed A. Mohamed
25
Grove City
Sade S. Abdisaliis
21
Columbus
Abulkadir A. Yusuf
28
Columbus
Siyad A. Haji
26
Columbus
Mahdi H. Mohamed
23
Columbus
Abdirashid M. Ahmed
24
Columbus
Liban A. Hassan
25
Columbus
Alinoor S. Alinoor
23
Gahanna
Samatar A. Haji
23
Columbus
Ibrahim A. Shoble
29
Columbus
Abdifahi H. Abdirizak
21
Columbus
Ismail C. Cusmaan
22
Columbus
Alla-Magan M. Gani
21
Columbus
Mohamed H. Hashi
25
Columbus
The 17-count indictment includes 13 counts of obtaining substances by fraud. It also includes use of a fictitious DEA registration number and use of another’s DEA registration number.
U.S. Attorney Glassman commended the cooperative investigation of this case by federal, state and local law enforcement, including the assistance of more than 25 police departments statewide, as well as Assistant United States Attorney David J. Bosley, who is prosecuting the case.
An indictment merely contains allegations, and the defendants are presumed innocent unless proven guilty in a court of law.
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10 Charged in Federal Drug SweepRead the Press Release
TAUNTON – 10 individuals were charged in federal court in Boston on federal drug trafficking and money laundering offenses in connection with distributing cocaine in and around the Taunton and Worcester areas. Seven of the defendants were arrested today; three are fugitives.
In a federal indictment unsealed today, the following 10 individuals were charged in connection with their roles in a cocaine trafficking conspiracy that operated between May 2016 and April 2018:
- Samuel Rodriguez, 59, of Taunton, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine; one count of distribution and possession with intent to distribute 500 grams or more of cocaine; and one count of conspiracy to launder monetary instruments;
- Pedro Oyola, 33, of Cayay, Puerto Rico, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and one count of conspiracy to launder monetary instruments;
- Jose Santos, 47, of Fall River, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and one count of conspiracy to launder monetary instruments;
- Tina Rodriguez, 45, of Worcester, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and one count of conspiracy to launder monetary instruments;
- Edgar Rios-Lopez, 38, of Naranjito, Puerto Rico, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and one count of conspiracy to launder monetary instruments;
- Luis Elias, 43, of Worcester, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and one count of conspiracy to launder monetary instruments;
- George Torres, 41, of Taunton, was charged with one count of distribution and possession with intent to distribute 500 grams or more of cocaine;
- Debra Demoranville, 49, of Taunton, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and one count of conspiracy to launder monetary instruments;
- Angel Oyola, 35, of Caguas, Puerto Rico, was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine; and
- Ricardo Zayas Ramos, 21, of Pawtucket, R.I., was charged with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine.
Seven of the defendants were arrested this morning; Pedro Oyola, Angel Oyola, and Luis Elias are presently fugitives.
The charges are the culmination of a nine-month investigation aimed at attacking the increased volume of cocaine flooding southern and central Massachusetts. The defendants allegedly controlled and managed a lucrative and sophisticated drug trafficking and distribution ring in the region.
The charge of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine provides for a sentence of up to life in prison, five years of supervised release, and a fine of $10 million. The charge of distribution and possession with intent to distribute 500 grams or more of cocaine provides for a sentence of no greater than 40 years in prison, four years of supervised release, and a fine of $5 million. The charge of conspiracy to launder monetary instruments provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $500,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Albert Angelucci, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Bristol County District Attorney Thomas Quinn; and Fairhaven Police Chief Michael Myers made the announcement today. Assistant U.S. Attorney Miranda Hooker of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
**Update: Defendant Suzy Tamras-Martin was acquitted of the charges alleged in the indictment described in this news release.**Read the Press Release
CHICAGO — The elevator foreman at the University of Illinois at Chicago received bribes from the owner of a suburban company in exchange for steering the school’s elevator repair work to it, according to an indictment returned in federal court in Chicago.
The indictment accuses the UIC employee, JAMES HERNANDEZ, of pocketing more than $200,000 in bribes from SUZY TAMRAS-MARTIN, the owner of Willbrook-based Smart Elevators Co. Tamras-Martin concealed the bribes by issuing checks payable to Hernandez’s daughter, and falsely describing the payments in company records as “professional fees,” the indictment states. Hernandez allegedly forged his daughter’s endorsement on the checks and deposited them into a bank account he controlled. The charges allege that Tamras-Martin made the payments with the intent to influence and reward Hernandez in connection with his official duties at UIC, which included the referral of the school’s elevator service and repair work.
The seven-count indictment was returned Tuesday and ordered unsealed today. It charges Hernandez, 54, of Tinley Park, and Tamras-Martin, 68, of Naperville, with one count of conspiracy to commit federal program bribery, and three counts apiece of federal program bribery.
Hernandez was arrested this morning. He pleaded not guilty at an afternoon arraignment before U.S. District Judge Edmond E. Chang and was ordered released on a recognizance bond. An arraignment date for Tamras-Martin has not yet been scheduled.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation. The government is represented by Assistant U.S. Attorneys Yasmin N. Best and Rick D. Young.
From 2011 to 2015, UIC paid Smart Elevators more than $5 million for servicing and repairing elevators. The bribery scheme began in April 2013 and continued through at least August 2015, the indictment states. The indictment seeks forfeiture from Hernandez of approximately $208,700 in cash.
The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The conspiracy charge is punishable by up to five years in prison, while the maximum sentence for federal program bribery is ten years. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. Sentencing Guidelines.
1 May 2018
Vero Beach Orthopedic Surgeon Convicted at Trial of Fentanyl Analog Drug Conspiracy Resulting in DeathRead the Press Release
Johnny Clyde Benjamin, Jr., M.D., an orthopedic surgeon practicing in Vero Beach, Florida, was found guilty by a federal jury in Fort Lauderdale, on April 27, 2018, of conspiracy to possess with intent to distribute Furanyl Fentanyl which resulted in death, aiding and abetting the distribution of Furanyl Fentanyl which resulted in death, attempted possession with intent to distribute Acetyl Fentanyl, possession with intent to distribute Oxycodone, and conspiracy to possess with intent to distribute Hydrocodone and Oxycodone.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida; Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, Peter J. Forcelli, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office; Peter Kuehl, Acting Special Agent in Charge, U.S. Food and Drug Administration, Office of Criminal Investigations (FDA-OCI); Mark Selby, Special Agent in Charge, U.S. Immigration and Custom Enforcement’s Homeland Security Investigations (ICE-HSI); Dave Aronberg, State Attorney, Palm Beach County State Attorney’s Office; Bruce Colton, State Attorney for the 19th Judicial Circuit; Ric Bradshaw, Sheriff, Palm Beach County Sheriff’s Office (PBSO); Deryl Loar, Sheriff, Indian River County Sheriff’s Office; and Renee Purden, Chief, Orlando Melbourne Airport Police Department, made the announcement.
The evidence presented at the trial established that on September 1, 2016, a young woman who resided in Wellington, Florida died after overdosing on counterfeit oxycodone pills. The pills contained a Fentanyl analog, Furanyl Fentanyl, as the active ingredient. Furanyl Fentanyl is an extremely powerful synthetic opioid, many times more powerful than street level heroin or oxycodone.
Following a toxicology analysis, the Office of the District Medical Examiner of Palm Beach County attributed the cause of decedent’s death to the Furanyl Fentanyl.
An extensive investigation by law enforcement identified Dr. Benjamin as the source of the Furanyl Fentanyl pills that caused the decedent’s death. The investigation also revealed that Dr. Benjamin was involved with the manufacture and distribution of counterfeit oxycodone pills, outside the South Florida area.
The jury acquitted Dr. Benjamin on all firearms charges, including possession of a firearm in furtherance of a drug trafficking crime.
Dr. Benjamin is scheduled to be sentenced by U.S. District Court Judge William P. Dimitrouleas on July 6, 2018 at 1:30 p.m.
Dr. Benjamin faces a mandatory minimum of 20 years in prison, up to a maximum term of life, for the conspiracy to possess with intent to distribute Furanyl Fentanyl (resulting in death) and distribution of Furanyl Fentanyl (resulting in death); a maximum of 20 years in prison for attempted possession with intent to Acetyl Fentanyl; a maximum of 20 years in prison for possession with intent to distribute Oxycodone; and a maximum of 20 years in prison for conspiracy to possess with intent to distribute Hydrocodone and Oxycodone.
This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
Mr. Greenberg commended the investigative efforts of DEA, ATF, FDA-OCI, PBSO, HSI-ICE, Indian River County Sheriff’s Office, and Orlando Melbourne Airport Police Department. Mr. Greenberg also thanked the Palm Beach County State Attorney’s Office and State Attorney’s Office for the 19th Judicial Circuit for their assistance. This case is being prosecuted by Assistant U.S. Attorneys John McMillian and Rolando Garcia.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Upper Marlboro Man Sentenced to Thirty Months in Prison for Marijuana and Gun ChargesRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – On April 30, 2018, U.S. District Judge Deborah K. Chasanow sentenced Tony Alexander McCright, age 44, of Upper Marlboro, Maryland today to thirty months in prison, followed by three years of supervised release, for conspiracy to distribute and possess with intent to distribute marijuana and with being a felon in possession of a firearm and ammunition. Judge Chasanow also ordered McCright to forfeit $44,671 and pay a $10,000 fine.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; and Chief Henry P. Stawinski III of the Prince George’s County Police Department.
According to his plea agreement, on August 17, 2017, law enforcement executed a search warrant at McCright’s residence in Upper Marlboro. During the course of the search, law enforcement located 19 buckets, one storage bin, and one black duffel bag containing approximately 138.4 pounds or 62,777 grams of marijuana; one loaded .22-caliber handgun and 10 rounds of .22 short-caliber Super X ammunition; two digital scales; one heat sealer and heat sealer bags; a money counter; two cell phones; and $12,721 in U.S. currency.
On September 21, 2017, law enforcement executed a federal arrest warrant at McCright’s residence. Law enforcement observed a strong odor of marijuana in the garage and located approximately 1,816 grams of marijuana, one heat-sealed bag containing two vials of liquid THC, and $31,950 in U.S. currency.
United States Attorney Robert K. Hur praised the DEA and the Prince George’s County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Ray D. McKenzie, who prosecuted the case.
United States Attorney’s Office Supports Advocacy Day for Access and IndependenceRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that in its continued efforts to support the commitments in the Americans with Disabilities Act (ADA), the U.S. Attorney’s Office participated in Advocacy Day for Access and Independence 2018 this past week.
This annual event was led by Able SC, which is a Center for Independent Living organization, whose mission includes empowering people with disabilities to live active and self-determined lives. There were several speakers on the State House grounds for the April 25, 2018 event including members of the SC General Assembly, various SC Departments, disability advocates, non-profit entities, and members of the disability community. Support groups from around the state participated and hundreds of people attended the event.
Assistant United States Attorney Rob Sneed participated on behalf of the U.S. Attorney’s Office. AUSA Sneed is one of two prosecutors in the US Attorney’s Office whose practice is largely civil rights enforcement. AUSA Sneed focused his remarks on the Department of Justice’s Project Civic Access (PCA). Access to civic life is a fundamental part of American society and The ADA requires that state and local governments be accessible to people with disabilities. PCA a wide-ranging effort to ensure that counties, cities, towns, and villages comply with the ADA by eliminating physical and communication barriers that prevent people with disabilities from participating fully in community life. The Department of Justice has conducted reviews across the entire country, in all fifty states, territories, and the District of Columbia. It has resulted in hundreds of settlement agreements for communities to come into ADA compliance. These agreements are tailored to address the steps each community must take to improve access. PCA agreements typically include requirements to make physical modifications to facilities so that, among other elements, parking, routes into buildings, entrances, assembly areas, restrooms, service counters, and drinking fountains are accessible to people with disabilities. Other common provisions address effective communication (e.g., telephone communications), grievance procedures, polling places, emergency management procedures and policies, sidewalks, domestic violence programs, and ensuring that an entity’s official website and other web-based services are accessible to persons with disabilities.
In South Carolina, the U.S. Attorney’s Office and Department of Justice have conducted several reviews of local and state governmental ADA compliance since 1994, resulting in several agreements with all levels of local government. AUSA Sneed said that these ADA reviews in South Carolina have generally been positive and most governmental entities have responded cooperatively. He further noted that the majority of officials are aware of their ADA obligations and have made progress in meeting them. The work is ongoing however, and barriers remain for people in the disabled community.
U.S. Attorney Drake noted that, “Thank you to all of our South Carolina officials who are committed to providing equal access to all residents and visitors with disabilities. These officials have positively impacted the lives of millions of Americans with disabilities through Project Civic Access. As a result of their commitment and that of the trial attorneys in our office and at the Department of Justice, the injustice of being denied access to government buildings or participating in government programs, services, and activities is becoming a thing of the past for Americans with disabilities.”
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U.S. Attorney’s Office honors and recognizes National Police WeekRead the Press Release
United States Attorney Josh J. Minkler recognizes the dedication and bravery of Indiana law enforcement officials
PRESS RELEASE
Indianapolis-As part of National Police Week, United States Attorney Josh J. Minkler publicly thanks, recognizes, and honors the men and women who serve our great state as Indiana law enforcement officers.
“Aside from the men and women who serve alongside me in the Office of the United States Attorney, working with Indiana law enforcement officers has been my greatest professional privilege,” said Minkler. “I am deeply humbled when I think of the sacrifices and unmatched bravery these dedicated professionals demonstrate day after day. During a time in our country when the integrity of public servants is called into question by the actions of few, I stand resolute in my determination to honor and recognize these fine public servants during this week and beyond. I encourage all members of our community to stand shoulder-to-shoulder encircling the efforts of our police officers, and to thank them whenever the opportunity presents itself.”
According to the Officer Down Memorial page, 48 officers have been killed in the line of duty in 2018. Of those, 25 were killed by gunfire. Central Indiana’s most recent loss includes Boone County Jacob Pickett who died as a result of gunfire March 2, 2018. In 2017, 128 officers were killed in the line of duty, 44 by gunfire. Southport Police Officer Aaron Allan was killed July 22, 2017.
At both funerals, Minkler read heartfelt letters from Attorney General Jeff Sessions to the fallen officer’s widow.
“When an officer dies in the line of duty, a small part of the community dies as well,” said Minkler. “I ask all of Central and Southern Indiana to acknowledge the heroism and professionalism of our officers the next time you come across one and thank them for their service. We owe our safety and wellbeing to them.”
The United States Attorney’s Office recognizes the exemplary efforts of local law enforcement officers through USAO Awards that are announced and distributed within the respective communities in the district. The following officers have been recognized in the last 12 months:
Detective Bryan Brown, Evansville Police Department
Secret Service Agent Michael Moore
FBI Special Agent Vanessa Shaw
Detective Robert Wies, Evansville Police Department
FBI Special Agent Ryan Barrett
FBI Special Agent Andrew Willman
Officer Martin Loya, Jasper Police Department.
Additionally, the USAO recognizes and thanks officers from the Indianapolis Metropolitan Police Department and Evansville Police Department assigned to support the USAO’s reinvigorated Project Safe Neighborhoods initiative. PSN is one platform being utilized by the USAO and the Department to stem the violence in our cities.
U.S. Attorney’s Office Concludes Investigation into Fatal Shooting in Northeast WashingtonRead the Press Release
WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against an officer from the Metropolitan Police Department (MPD) who was involved in the Feb. 23, 2017, fatal shooting of Timothy Williams in Northeast Washington.
The U.S. Attorney’s Office and the Metropolitan Police Department (MPD) conducted a comprehensive review of the incident, including interviews of civilian and law enforcement witnesses, and the review of body worn camera (BWC) and other video footage; autopsy and toxicology reports; District of Columbia Department of Forensic Sciences reports, photographs, and diagrams; audio transmissions; and physical evidence collected on the scene, including a loaded Springfield XD-9 semi-automatic pistol; 12 Speer 9mm Luger 14 cartridge casings; and an extended clip magazine loaded with 26 Speer 9mm Luger 14 cartridges.
According to the evidence, on Feb. 23, 2017, at approximately 10:42 p.m., two Fifth District Crime Suppression Team (CST) officers were on patrol in an unmarked MPD cruiser in the vicinity of Morse and Holbrook Streets NE. MPD officials had deployed the officers, and numerous other CST officers from both the First and Fifth Districts, to that area because of a shooting and a reported sound of gunshots that had occurred earlier that day, both within a one-mile radius.
As the officers drove northbound in the 1200 block of Holbrook Street NE, they saw an individual, later-identified as Mr. Williams, walking on the sidewalk. As corroborated by civilian witnesses, Mr. Williams was fidgeting, acting strangely, and repeatedly looking back in the direction of police activity that was occurring a block away. When one of the officers rolled down his passenger window to ask Mr. Williams if he could speak with him, Mr. Williams mumbled an expletive and continued walking. The officer, who was in full uniform, then exited the cruiser and walked several feet behind Mr. Williams, as the other officer drove the cruiser slowly forward. When Mr. Williams reached the intersection of Morse and Holbrook Streets, he cut behind the cruiser and ran in a diagonal direction across the intersection. After a brief chase, Mr. Williams tripped over a stop sign and stumbled into the rear driver’s side panel of the cruiser. As he was falling to the ground, Mr. Williams dropped an extended clip magazine loaded with 26 Speer 9mm Luger 14 cartridges, on which his DNA was later recovered. Mr. Williams stood up quickly, but the officers were able to grab his arms. When Mr. Williams started to struggle, the two officers used hand controls to take him to the ground.
Once on the ground, one of the officers attempted to search Mr. Williams’s waistband, but Mr. Williams continued to struggle, even briefly standing again. As corroborated by a civilian witness, Mr. Williams then pulled out a weapon from his waistband and fired multiple rounds. One of the officers took cover beside the officers’ cruiser, as the other officer continued to struggle with Mr. Williams until they both fell to the ground. Upon seeing Mr. Williams’s finger in the trigger of the weapon, the officer grabbed the barrel of the weapon to direct it away from his [the officer’s] head. From a position by the rear of the cruiser, the other officer, who could see Mr. Williams and his partner struggling on the ground for possession of the weapon, fired two rounds at Mr. Williams, striking him in the right knee and right ankle, but not incapacitating him. As Mr. Williams and the officer continued to struggle for possession of Mr. Williams’s weapon, the officer on the ground, who had not had the opportunity to unholster his own weapon, yelled for his partner to “shoot him! Shoot him!” The second officer then fired three more rounds into Mr. Williams’s back. As Mr. Williams’s body went limp, the officer on the ground was finally able to grab the weapon from Mr. Williams’s hand. When the officer attempted to stand up, however, he collapsed to the ground with a gunshot to his lower left abdomen. The shooting officer was also shot in his right buttock.
Personnel with the District of Columbia Department of Fire and Emergency Medical Services transported Mr. Williams, 47, to Howard University Hospital, where he was pronounced dead. An autopsy confirmed that Mr. Williams was shot five times, including three times in the back and twice in the lower extremities. The two officers were transported to MedStar Washington Hospital Center, where they were admitted in stable condition. The officer who was shot in the abdomen underwent surgery and remained in the hospital for several days, and the other officer was treated and released several hours later.
After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the officer used excessive force under the circumstances. To the contrary, there is sufficient evidence that the officer was acting in self-defense and defense of others at the time of the shooting.
Use-of-force investigations generally
The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law. To prove such violations, prosecutors must be able to prove that the involved officers willfully used more force than was reasonably necessary. Proving “willfulness” is a heavy burden. Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids. A conclusion that “there is insufficient evidence” is not meant to suggest anything further about what evidence, if any, exists.
The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are investigated fully and completely. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.
U.s. Attorney, Joe Brown, Leads Delegation of Prosecutors and Law Enforcement Officials to ColombiaRead the Press Release
SHERMAN, Texas – Last week, the U.S. Attorney for the Eastern District of Texas led a delegation of prosecutors and DEA officials to Bogota and Cartagena, Colombia to meet with Colombian government officials concerning the Eastern District’s prosecution of high-level drug traffickers operating out of Colombia.
Over the course of the last three years, federal prosecutors in the Eastern District of Texas have indicted over 200 cocaine traffickers from Central and South America. The investigations led by the Eastern District of Texas have resulted in the extradition and successful prosecution of some of the most significant cocaine traffickers in the world. These investigations have directly resulted in the seizure of over 59 tons of cocaine, 23 kilograms of heroin, 1 kilogram of fentanyl, 1,756 kilograms of marijuana, and $12.1 million.
“Federal prosecutors from my office along with local agents with the Drug Enforcement Administration have worked very hard to cultivate strong relationships with law enforcement and government officials in the Republic of Colombia,” said Brown. “These relationships have allowed us to prosecute some of the largest cocaine traffickers in the world. We, in the Eastern District of Texas, are taking the fight to the cocaine cultivators, laboratory owners, traffickers, and corrupt government officials who are flooding our streets with cocaine. I am proud that our investigations have directly resulted in the seizure of over 59 tons of cocaine and am enthusiastic that we will continue to make great strides in stopping the flow of cocaine before it ever reaches our shores.”
With the exception of the Southern District of Florida, the Eastern District of Texas prosecutes more Colombian drug traffickers than any other federal district in the country. Recently, Eastern District of Texas cases have resulted in the seizures of multiple tons of cocaine destined for the United States via semi-submersible watercraft including one prominent seizure, which garnered national and international headlines.
https://www.usatoday.com/story/news/nation-now/2017/12/11/u-s-coast-guard-intercepts-semi-submersible-vessel-packed-3-800-pounds-cocaine/939668001/.
During his trip to Colombia, U.S. Attorney Brown met with high-level delegations from the Colombian Attorney General’s office and the Colombian Navy. Most significantly, he held a productive meeting with the Commander of the Colombian National Army and Police, General Jorge Nieto. U.S. Attorney Brown commented, “In my meetings with General Nieto and others, I was proud to hear what the Eastern District prosecutors have done in this important effort. I expressed our gratitude for the work done by Colombian authorities and expressed our unwavering commitment to continuing this fight against Transnational Organized Crime.”
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U.S. Attorney Joe Brown receives recognition from General Jorge Hernando Nieto Rojas, Commander General of the Colombian National Police for the Eastern District’s prosecution efforts.
Representatives of the U.S. Attorney’s Office for the Eastern District of Texas meet with representatives of the Columbian National Police regarding joint efforts to combat narcotic trafficking in Colombia and the United States.Two Sentenced for Conspiring to Rob Drug Money from Undercover AgentRead the Press Release
McALLEN, Texas – Two illegal aliens residing in Pharr have been ordered to federal prison for conspiring to interfere with commerce by threats or violence and to carrying a firearm during and in relation to a crime of violence, announced U.S. Attorney Ryan K. Patrick. Rogelio Acosta-Moctezuma, 39, and Jose Israel Villa-Reyes, 28, admitted they conspired to rob an undercover agent. Acosta-Moctezuma also pleaded guilty to an unrelated charge of conspiring to export defense articles.
Today, U.S. District Judge Micaela Alvarez imposed a 107-month sentence for Acosta-Moctezuma, while Villa-Reyes was ordered to serve 103 months. Not U.S. citizens, both are expected to face deportation proceedings following their sentences. In handing down the sentence, Judge Alvarez noted that while no one was hurt in this case, there is a bad problem south of the border with violence drug cartels commit and that she is seeing more of that violence being imported here. She noted those concerns and the fact that the crime occurred in a public place.
On Feb. 1, 2017, a confidential informant negotiated the purchase of two kilograms of cocaine and three kilograms of methamphetamine for $60,000. The informant arrived at a parking lot in Pharr with an undercover agent to meet with Acosta-Moctezuma and Villa-Reyes and pick up the narcotics.
Shortly after their arrival, the agent said he was going to call for the delivery of the money. While on the phone, Acosta-Moctezuma exited the vehicle and approached the agent, at which time law enforcement arrested him. A pistol was in his waistband, which he admitted was given to him for the purpose of meeting with the buyers. Villa-Reyes remained in the vehicle, but was also found with a pistol.
The packages they brought to the transaction revealed the presence of Styrofoam and another substance, but no narcotics.
Both admitted they went to the meeting with the weapons not to sell drugs but to steal the $60,000.
In the unrelated case involving the conspiracy to export defense articles, Acosta-Moctezuma admitted to supplying a .223 rifle to an undercover agent posing as a buyer who was going to smuggle the rifle to Mexico. He was sentenced to 37 months in prison on that case, to run concurrent with the robbery charge.
Both men will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of the Border Patrol’s Evidence Collection Team and the Pharr Police Department. Immigration and Customs Enforcement’s Homeland Security Investigations conducted the unrelated defense articles investigation. Assistant U.S. Attorney Joseph Leonard is prosecuting the case.
Two Oregon Men Plead Guilty to Firearms OffensesRead the Press Release
PORTLAND, Ore. – In separate criminal cases, two Oregon men pleaded guilty today in federal court to possessing a firearm in furtherance of a crime of violence or drug trafficking crime in violation of 18 U.S.C. § 924(c).
Jess L. Brockner, 32, pleaded guilty to one count each of possessing a firearm in furtherance of a crime of violence and bank robbery. Christopher J. Fleet, 23, of Portland, pleaded guilty to one count each of possession of a firearm in furtherance of a drug trafficking crime and possession with intent to distribute heroin.
U.S. v. Brockner
According to court records, on August 30, 2017, three men burglarized a barn in Yamhill County, Oregon, stealing the victim’s vehicle and filling a rented moving truck with the victim’s belongings. Two of the suspects fled in the moving truck and a third in the victim’s vehicle. After Yamhill County Sheriff deputies arrested and interviewed the two suspects who fled in the moving truck, they identified Brockner as the third suspect. During a search of the moving truck, deputies located a backpack containing approximately $4,000, drug paraphernalia, and Brockner’s driver’s license.
Later the same morning, Brockner robbed a U.S. Bank branch in Beaverton, Oregon wearing a welding mask and holding a firearm. While executing the robbery, Brockner made numerous threats of physical violence and pointed a handgun at the victim teller. A witness observed Brockner walk through a parking lot adjacent to the bank and enter a vehicle matching the description of the vehicle stolen earlier that morning from the barn in Yamhill County.
Approximately two hours later, an FBI Task Force Officer with the Portland Police Bureau (PPB) observed a vehicle matching the description of the stolen vehicle on the 3900 block of SE Powell Boulevard in Portland. After confirming Brockner’s identity, multiple marked PPB patrol units responded to assist the Task Force Officer. A high risk traffic stop was attempted and led to a vehicle pursuit. The pursuit ended in a crash and an officer involved shooting at NE 55th Avenue between East Burnside Street and NE Couch Street in Portland. Brockner was arrested and transported to Legacy Emanuel Hospital to receive medical attention.
Brockner faces a maximum sentence of life in prison and is subject to a seven-year mandatory minimum, a $250,000 fine, and up to five years’ supervised release. He will be sentenced on Tuesday, August 14, 2018 before U.S. District Court Judge Michael W. Mosman.
This case is being prosecuted by Benjamin Tolkoff and John Brassell, Assistant U.S. Attorneys for the District of Oregon.
U.S. v. Fleet
On August 23, 2017, deputies from the Multnomah County Sheriff’s Office Special Investigation Unit were conducting surveillance at a known drug and gang house in Portland. They observed a vehicle parked in front of the house they believed was connected with Fleet, a drug dealer with an outstanding arrest warrant. Upon leaving the house and attempting to drive away, deputies blocked Fleet using unmarked vehicles and approached him wearing marked law enforcement raid vests. After initially refusing to comply with the deputy’s commands to raise his hands and failing to find an escape route, Fleet surrendered.
During the arrest, deputies found a Kel Tec 9mm firearm and distribution quantities of heroin and methamphetamine on Fleet’s person. They also found a locked backpack in Fleet’s vehicle. The backpack was later found to contain .40 caliber Sig Sauer pistol, drug records, and a digital scale.
Fleet faces a maximum sentence of life in prison and is subject to a five-year mandatory minimum, a $1,000,000 fine, and up to five years’ supervised release. He will be sentenced on Wednesday, September 5, 2018 before U.S. District Court Judge Anna J. Brown.
This case is being prosecuted by Leah K. Bolstad, Assistant U.S. Attorney for the District of Oregon.
Both cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Two Men Plead Guilty to Multimillion-Dollar Telemarketing Scheme Targeting Small Business OwnersRead the Press Release
LAS VEGAS, Nev. – Two Las Vegas men involved in a $14 million telemarketing fraud scheme targeting small business owners pleaded guilty in federal court today, announced U.S. Attorney Dayle Elieson for the District of Nevada, Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division, and Special Agent in Charge Tara Sullivan for the IRS Criminal Investigation.
Mark L. Bausch, aka Mark Eting, 43, and Alan W. Rodrigues, 59, both of Las Vegas, each pleaded guilty to one count of conspiracy to commit wire fraud, one count of wire fraud, and one count of money laundering. United States District Judge Kent J. Dawson accepted their guilty pleas. Sentencing is set for August 14, 2018.
According to their individual plea agreements, from March 2009 to about October 2010, Bausch, Rodrigues, and their co-conspirators organized and operated four telemarketing companies: Small Business Funding Co., Inc., Company Funds, Inc., Foundation Research, Inc., and Silver State Holding Company. They charged a fee for their services and offered to help small business owners obtain grants from public and private entities.
In furtherance of the fraud scheme, they made false statements to victims to make it appear that they were likely to or guaranteed to receive a grant. They hired salespersons to market the services and to provide false information to the customers. In order to convince the customers that their service was legitimate, the defendants instructed their employees to conduct research about funding entities and send letters to customers and funders, knowing that many of the customers would not qualify for the grants. The defendants also solicited customers by conducting seminars throughout the United States. Throughout the entire scheme, the telemarketing companies received numerous complaints, and the defendants made false statements to them to prevent or delay them from contacting law enforcement. Bausch and Rodrigues used the proceeds from the scheme to enrich themselves and others and to pay the expenses necessary to continue operating the scheme.
The maximum statutory penalty is 20 years in prison and a $250,000 fine for each count of conspiracy to commit wire fraud and wire fraud, and the maximum penalty is 20 years in prison and a $500,000 fine for money laundering. As part of the plea agreement, each defendant has agreed to pay $13,966,329.30 in restitution to victims and to pay between $631,142 and $1,050,955 in a criminal forfeiture money judgment.
In December 2014, Bausch, Rodrigues, and co-defendants were indicted for their roles in the telemarketing fraud scheme. Several co-defendants have already pleaded guilty and have been sentenced for their role in the scheme, including Craig Rudolph was sentenced to 77 months in prison; Jonas Bowen was sentenced to 63 months in prison; Lee Panelli was sentenced to 41 months in prison; and David Bergstrom was sentenced to 51 months in prison.
The case was investigated by the FBI and IRS Criminal Investigation. Assistant U.S. Attorneys Daniel R. Schiess and Jared L. Grimmer prosecuted the case.
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Two Men Charged with Armed Robbery Spree Spanning Multiple Counties in Northern and Central New JerseyRead the Press Release
NEWARK, N.J. – Two Essex County, New Jersey, men have been charged with robbing six convenience stores at gunpoint in November and December 2017, U.S. Attorney Craig Carpenito announced.
Tione Davis, 35, of East Orange, New Jersey, and Meshach Whagar, 29, of Newark, are charged by complaint with one count of conspiring to commit Hobbs Act robberies, six substantive counts of Hobbs Act robbery, and one count of using a firearm during a crime of violence. Whagar appeared this afternoon before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court and was detained. Davis is expected to make his initial appearance tomorrow.
Both defendants were previously arrested in December 2017 and have been held in state custody on related charges since that time.
According to the documents filed in this case and statements made in court:
The FBI is investigating a string of approximately 20 armed robberies of convenience stores and gas stations that took place throughout New Jersey between November and December 2017. Davis and Whagar are charged with robbing six convenience stores during that time, including locations in Middlesex, Morris, Bergen, Union, Hudson, and Passaic Counties. During those robberies, Davis, while wearing dark clothing and hiding his face with masks or scarves, allegedly brandished a handgun and demanded money from store clerks. After stealing cash from the stores, Davis fled with Whagar, who acted as the getaway driver.
Before being apprehended, the defendants led law enforcement on a high-speed vehicle pursuit in Morris County. Among the items found in their vehicle were two handguns matching the description of those Davis used during the robberies.The Hobbs Act charges each carry a maximum potential penalty of 20 years in prison. The brandishing a firearm charge carries a maximum potential penalty of life in prison and a mandatory minimum sentence of seven years in prison, which must run consecutively to any other prison term. Each count also carries a potential $250,000 fine, or twice the gross gain or loss from the offense.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation. He also thanked the Morris, Union, Middlesex, Hudson, Passaic, Bergen, and Essex County Prosecutor’s Offices, as well as the Morris Plains, Springfield, Middlesex, Lodi, Roselle Park, Rahway, Parsippany, Rockaway, Mahwah, Elmwood Park, Bayonne, West Orange, East Brunswick, South River, Edison, Hoboken, Union, Clark, Kearny, Clifton, and Maplewood police departments for their work on this case.
The government is represented by Assistant U.S. Attorneys Heather Suchorsky and Jamari Buxton of the U.S. Attorney’s Office Criminal Division in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Defense counsel: Davis: Nabil Kassem Esq., Clifton, New Jersey
Whagar: Linda Foster Esq., Newark, New JerseyTwo Men Arrested for Possession of Fentanyl with Intent to DistributeRead the Press Release
TRENTON, N.J. – Two men who were arrested with approximately one kilogram of fentanyl made their initial appearances today in Trenton federal court, U.S. Attorney Craig Carpenito announced.
Arturo Galindo Gil, 36, and Gonzalo Ayona Avila, 41, are charged by complaint with one count of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl. Both men appeared before U.S. Magistrate Judge Tonianne J. Bongiovanni in Trenton federal court and were detained without bail.
According to documents filed in this case and statements made in court:
During a law enforcement investigation of a drug trafficking organization operating in and around Ocean County, New Jersey, law enforcement officers learned that an individual, later identified as defendant Gil, was known to distribute large quantities of controlled substances, including fentanyl. On April 30, 2018, law enforcement officers learned that Gil was allegedly scheduled to be in Ocean County that day and in possession of a large quantity of fentanyl for distribution. Law enforcement officers identified Gil and another individual, later identified as Avila, driving around Little Egg Harbor Township, New Jersey. Law enforcement initiated surveillance of the vehicle and officers with the Little Egg Harbor Township Police Department eventually initiated a traffic stop of the vehicle. They requested consent to search the vehicle and Gil provided signed consent. Law enforcement officers discovered approximately one kilogram of a tightly packaged substance believed to be fentanyl in the back seat of the vehicle. Law enforcement field-tested a sample of the substance and it tested positive for fentanyl.
The fentanyl distribution conspiracy charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life imprisonment, and a $10 million fine.
U.S. Attorney Carpenito credited special agents of the Department of Homeland Security (DHS), Homeland Security Investigations (HSI), Cherry Hill office under the direction of Resident Agent in Charge Richard Reinhold, with the investigation leading to the arrests. He also thanked the Little Egg Harbor Township Police Department, under the direction of Chief Richard J. Buzby Jr.; and the Atlantic City Task Force (including the N.J. State Police, the Atlantic County Prosecutor’s Office, and the Atlantic City Police Department) for their assistance.
The government is represented by Assistant U.S. Attorney Fabiana Pierre-Louis, Attorney-in-Charge of the U.S. Attorney’s Office Trenton Branch.
The charges and allegations contained in the complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Two Illegal Aliens indicted on reentry chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Two Mexican nationals were indicted by a federal grand jury today on reentry of a removed alien charge, United States Attorney Bill Powell announced.
Filberto Reyes-Vazquez, age 49, was indicted on one count of “Reentry of a Removed Alien.” Reyes-Vazquez is accused of reentering the United States illegally after being removed in May 2016. Reyes-Vazquez was found in Harrison County in April 2018.
Juan Mendez-Patishtan, age 34, was indicted on one count of “Reentry of a Removed Alien.” Mendez-Patishtan is accused of reentering the United States illegally after being removed in six separate times from 2010 to 2016. Mendez-Patishtan was found in Harrison County in April 2018.
Each man faces up to two years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Traci M. Cook is prosecuting the cases on behalf of the government. The Department of Homeland Security, Immigration and Customs Enforcement investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Three Plead Guilty to Their Roles in Series of Rochester Armed RobberiesRead 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 Jonathan Middlebrooks, 22, Nasir Perez, 20, and Deborah Siegel-Edelman, 21, all of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to aiding and abetting Hobbs Act Robbery. Middlebrooks and Perez pleaded guilty to five counts, Siegel-Edelman to four counts. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. Defendants Middlebrooks and Perez also pleaded guilty to aiding and abetting the possession of a firearm that was discharged during a crime of violence, which is punishable by a mandatory minimum penalty of 10 years in prison and a maximum of life in prison.
Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that Middlebrooks, Perez and Siegel-Edelman took part in a series of gunpoint robberies at stores in the City of Rochester between September 3, 2017, and September 23, 2017:
• On September 3, 2017, during a gunpoint robbery of the Hudson Save More on Hudson Avenue, along with co-conspirators Damien Rutledge and Dylan Miller, Perez acted as a lookout at the front door and Middlebrooks removed approximately $1,420 from the store’s cash registers; • On September 14, 2017, during a gunpoint robbery of the 18 Hour Store on North Goodman Street, Middlebrooks and Perez, along with co-defendants Miller and Rutledge, removed approximately $500 from the store’s cash register, while defendant Siegel-Edelman served as the getaway driver; • On September 18, 2017, during a gunpoint robbery of the Four Star Market on Lake Avenue, Middlebrooks and Perez, along with co-defendants Miller and Rutledge, removed approximately $2,650 from the store’s cash register, while defendant Siegel-Edelman served as the getaway driver; • On September 23, 2017, during a gunpoint robbery of the Bronx Market on Brown Street, Middlebrooks and Perez, along with co-defendants Miller and Rutledge, removed approximately $900 from the store’s cash register, while defendant Siegel-Edelman served as the getaway driver; • Also on September 23, 2017, Siegel-Edelman drove Middlebrooks and Perez, along with co-defendants Miller and Rutledge, to the Greyhound Express Mini Mart on Carter Street. Middlebrooks, Perez, Miller, and Rutledge entered the store, a gun was pointed at the store owner, and after a struggle between the store owner and one the robbers, a store employee removed the robber’s gun from the robber’s hand. The store employee then pointed the gun at Middlebrooks, who put his hands up, but also moved forward towards the store employee. After Middlebrooks took several steps towards the employee, the employee fired the gun, and the discharged round hit Middlebrooks in the stomach. Middlebrooks, Perez, Miller and Rutledge got back into Siegel-Edelman’s car, and she drove them away from the scene of the attempted robbery.
Charges remain pending against defendants Dylan Miller and Damien Rutledge. The fact that a defendant has been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.Today’s pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons, and the Rochester Area Major Crimes Task Force and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Middlebrooks, Perez, and Siegel-Edelman are all scheduled to be sentenced on August 8, 2018, before Judge Wolford.
Three More Individuals with the Ute Mountain Ute Tribe Plead Guilty to Embezzlement and Money LaunderingRead the Press Release
DENVER - As part of an ongoing investigation, three more individuals pled guilty on April 30, 2018, to various charges involving funds embezzled from the Ute Mountain Ute Tribe, announced U.S. Attorney Bob Troyer, FBI Denver Field Office Special Agent in Charge Calvin A. Shivers, and IRS-Criminal Investigation Denver Field Office Special Agent in Charge Steven Osborne.
According to information contained in court documents, from at least 2011 through October 2015, Ute Mountain Ute (UMU) tribal members were entitled to receive utility benefits from the tribe to pay their utility expenses in annual amounts from $1,200 to $1,500. Bills or other documentation were required to be submitted along with the application to the tribe's Financial Services Department for processing and payment to the tribal members. Additionally during the same time period, UMU tribal members had family plan accounts established when the tribal members were children and from which the members could start spending the funds once they reached 18 years of age. The funds in the family plan accounts, with accrued interest, usually reached approximately $10,000 by the time a member reached 18 years old. These funds could be used to purchase things such as vehicles, home furnishings, and computers. As with the utility benefits, the tribal member was required to provide invoices or other documentation to UMU's Financial Services Department in order to request payment from the family plan account.
Beginning in at least 2011, certain employees of the tribe's Financial Services Department caused fraudulent tribal checks to be generated in the names of people selected by the employees. The people receiving the checks cashed the checks and usually shared the cash with the Financial Services Department employee who provided the check. Initially, these fraudulent checks were falsely attributed to the utility benefits or family plan accounts of tribal members who did not request or receive the fraudulent checks. Later, the fraudulent checks were generated without being attributed to any tribal member. Several of the people who received the fraudulent checks were not tribal members and were not entitled to any tribal benefits.
In other instances, the Financial Service Department employees caused embezzled tribal funds to be sent via Western Union to selected recipients who would in turn provide a portion of the money back to the employee who sent the wire. In some instances, embezzled tribal funds were wired to inmates with the Federal Bureau of Prisons who were not UMU tribal members and not entitled to any UMU tribal funds.
The three individuals who pled guilty before Magistrate Judge David L. West are:- Gloria Lee, aka Gloria Rouillard, aka Gloria Lopez - one count of embezzlement, conversion or misapplication of property from Indian tribal government receiving federal funds and one count of money laundering with restitution of $1,139,996;
- Colindra House - one count of receipt of funds belonging to an Indian tribal organization that had been converted or willfully misapplied with restitution that will be determined in an amount of up to $52,401; and
- Freana Bancroft - one count of receipt of funds belonging to an Indian tribal organization that had been converted or willfully misapplied with restitution of $109,820.
Embezzlement, conversion or misapplication of property from an Indian tribal government receiving federal funds carries a penalty of not more than 10 years imprisonment, three years of supervised release and a fine of up to $250,000. Money laundering carries a penalty of not more than 20 years imprisonment, three years of supervised release and a fine of up to $500,000. Receipt of funds belonging to an Indian tribal organization that has been converted or willfully misapplied carries a penalty of not more than five years of imprisonment, three years of supervised release, and a fine of not more than $250,000.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service - Criminal Investigation. This case is being prosecuted by Assistant United States Attorney Pegeen D. Rhyne.####
Visit our website http://www.justice.gov/usao/co | Follow us on Twitter @DCoNewsTax Preparer Indicted in Tax Refund SchemeRead the Press Release
MACON – Demetria Jones, aka “Picky”, 52, of Monroe, Georgia, was charged in an indictment with various tax offenses related to the filing of false income tax returns, aiding and assisting in the preparation of false income tax returns, theft of public money, and aggravated identity theft, announced U.S. Attorney Charles E. Peeler of the Middle District of Georgia and Thomas J. Holloman, III, Special Agent in Charge of the IRS Criminal Investigation – Atlanta Field Office.
The nine-count indictment, returned by a federal grand jury in Macon, charges Demetria Jones with two counts of filing false income tax returns; three counts of aiding and assisting in the preparation of false income tax returns; two counts of theft of public money and two counts of aggravated identity theft.
The indictment alleges that during the period under investigation, Demetria Jones owned and operated Jones & Jones Associates, LLC, a tax preparation business out of her home in Monroe, Georgia. The business name was later changed to Jones Accounting Firm, LLC. According to the indictment, Demetria Jones knowingly made and presented false income tax returns in the names of her purported entities for tax years 2008 through 2013 by filing false corporate income tax returns (Forms 1120), false amended corporate income tax returns (Form 1120X), false returns for real estate investment trust (Forms 1120-REIT), and claiming fraudulent refundable credits on Forms 2439 (Notice to Shareholder of Undistributed Long-Term Capital Gains) on the returns. With this alleged scheme, Demetria Jones claimed a total of $1,243,245 in false refundable credits resulting in refunds disbursed by the IRS totaling $598,399.88 and diverted all of the refunds into several bank accounts that she controlled.
In addition, the indictment further alleges that Demetria Jones also caused the filing of, or aided and assisted in the preparation/filing of, false 2011 through 2015 individual income tax returns (Forms 1040 and 1040X) by adding false Schedule Cs and/or W-2s with false wages along with false withholding amounts to clients’ income tax returns, primarily family members, without their knowledge. Demetria Jones allegedly used the identity of a deceased client to file a fraudulent individual income tax return without the knowledge of the deceased’s widow; she also allegedly used the identities of other clients without their knowledge. With this alleged scheme, Demetria Jones reported false wages totaling $2,542,410 along with false withholdings totaling $947,834 resulting in refunds disbursed by the IRS totaling $333,856.87, majority of which were diverted into several bank accounts controlled by Demetria Jones.
“This indictment signals enhancement of prosecutions alleging theft of taxpayer monies and identities in an effort to bilk the U.S. Treasury,” said Thomas J. Holloman, III, Special Agent in Charge, IRS-Criminal Investigation. “IRS-CI and its partnership with the U.S. Attorney’s Office stands committed to addressing unscrupulous return preparers who attempt to exploit their fiduciary responsibility when it comes to taxpayers and the Service.”
An indictment is an accusation by a federal grand jury, and a defendant is entitled to the presumption of innocence unless proven guilty. If convicted, the counts for filing of false income tax returns as well as aiding and assisting in the preparation of false income tax returns each carry a maximum statutory sentence of 3 years in prison and a $100,000 fine; the counts for theft of public money each carry a maximum statutory sentence of 10 years in prison and a $250,000 fine; and the counts for aggravated identity theft each carry a mandatory sentence of 2 years in prison.
The investigation is being conducted by IRS-Criminal Investigation. Assistant U.S. Attorney Graham A. Thorpe is in charge of prosecution.
Second Ohio Man Pleads Guilty in Scheme to Pass Counterfeit $100 Bills at Western PA StoresRead the Press Release
PITTSBURGH – An Ohio resident pleaded guilty in federal court to a charge of conspiracy, United States Attorney Scott W. Brady announced today.
Joshua Kinney, 29, of Columbus, Ohio, pleaded guilty to one count before Chief United States District Court Joy Flowers Conti.
In connection with the guilty plea, the court was advised that it was a part of the conspiracy that Kinney and his co-conspirators obtained counterfeit Federal Reserve notes in the denomination of $100 dollars in Ohio and transported the counterfeit Federal Reserve notes into the Western District of Pennsylvania. It was further a part of the conspiracy that on numerous occasions Kinney and his co-conspirators passed, and attempted to pass, counterfeit $100 bills at various retail store locations in the Western District of Pennsylvania and received legitimate currency as change.
Chief Judge Conti scheduled sentencing for August 31, 2018 at 2:30 p.m. The law provides for a maximum total sentence of five years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Mary McKeen Houghton is prosecuting this case on behalf of the government.
The United States Secret Service, the Scott Township Police Department, the North Fayette Police Department, and the Bethel Park Police Department conducted the investigation leading to the conviction in this case.
Rockville Man Sentenced to 10 Years in Prison for Distribution of Child PornographyRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – On April 30, 2018, United States District Judge Roger W. Titus sentenced Kevin Miller, age 59, of Rockville, Maryland today to ten years in prison, followed by a lifetime of supervised release, for distribution of child pornography. Judge Titus ordered that, upon his release from prison, Miller must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Sheriff Reggie Mason of the Worcester County Sheriff’s Department.
According to his plea agreement, on December 2, 2016, Individual A was arrested in Washington state and charged with child pornography offenses. During a preliminary forensic examination of Individual A’s electronic devices and media, law enforcement agents discovered three images on a USB drive that geo-located to Maryland. Two of the images geo-located to the residence of Miller in Rockville, Maryland.
One of the images depicted Victim 1 nude with her genital area exposed. Victim 1 had just turned ten years old when the picture was taken on April 9, 2016 .
On December 22, 2016, Victim 1 was interviewed by a trained child forensic interviewer. During the interview, Victim l disclosed that the two nude images of her described above were taken in the basement of Miller’s residence.
On the evening of December 22, 2016, HSI agents executed a search warrant at Miller’s residence and seized electronic devices, including a laptop. A forensic analysis revealed approximately 36 images of child pornography and child erotica that were still viewable. The forensic examiner also found remnants of additional files with names indicative of child pornography on both laptops, as well as remnants of a bit torrent peer-to-peer file sharing program on the laptop.
On February 24, 2017, Individual A was interviewed by law enforcement. During that interview, Individual A disclosed that Individual A and Miller met online. Individual A stated that Miller sent the two nude images of Victim 1 described above, as well as a third image of Victim 1 and Victim 2 clothed, to Individual A.
As part of a separate investigation, a Worcester County sheriff’s deputy downloaded multiple images and videos of child pornography that Miller made available for sharing through a bit torrent peer-to-peer file sharing program on at least seventeen separate occasions between October and December 2016. Overall, the Worcester County sheriff’s department downloaded at least 67 videos and 31 images of children engaged in sexually explicit conduct that Miller made available for sharing through a bit torrent peer-to-peer file sharing program.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the “resources” tab on the left of the page.
United States Attorney Robert K. Hur praised HSI Baltimore, HSI Blaine, Washington, and the Worcester County Sheriff’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Kristi O’Malley and Special Assistant U.S. Attorney Sarah Edwards, who prosecuted the case.
Rip Crew Member Sentenced to Federal PrisonRead the Press Release
McALLEN, Texas – The first defendant involved in a rip crew responsible for multiple home invasions and carjackings to steal narcotics in Hidalgo County has been ordered to federal prison, announced U.S. Attorney Ryan K. Patrick. Jorge Antonio Calvo-Ayala, 25, of Pharr pleaded guilty last year to conspiring to possess with the intent to distribute more than five kilograms of cocaine.
Today, U.S. District Judge Micaela Alvarez ordered Calvo-Ayala to serve 95 months in federal prison to be immediately followed by five years of supervised release. In handing down the sentence, the court considered Calvo-Ayala’s role in a April 2017 home invasion in San Juan, in which members of the rip crew conducted a home invasion armed with firearms to steal more than seven kilograms of cocaine. Judge Alvarez stated that the members’ violent conduct will likely traumatize and haunt the eight-year-old child that was present during the home invasion.
Additional members of the rip crew are also responsible for a June 2015 carjacking in Mission, a February 2016 home invasion in Hidalgo, a July 2016 carjacking of an 18- wheeler in Edinburg, a November 2016 shoot-out involving an attempted carjacking in McAllen, a January 2017 carjacking in Palmview, a March 2017 carjacking in McAllen, an April 2017 home invasion in Mission, an April 2017 carjacking in Pharr, an April 2017 home invasion in San Juan, a June 2017 home invasion in McAllen, and a July 2017 home invasion in Mission. The members of the rip crew conducted each of the home invasions or carjackings in hopes of stealing controlled substances, primarily cocaine, from other individuals.
Those who have also pleaded guilty in the conspiracy and are pending sentencing include Danny Cano, 30, Antonio Javier Gomez aka “Little T,” 28, Marlyn Gonzalez, 39, and Arturo Vargas aka “Petu” or Cholo,” 35, all of Mission; Mexican nationals Miguel Marin Cerda aka “Tigre,” 30, Jose Garcia-De La Torre aka “Coco,” 22, Carlos Guadalupe Aquino-Pacheco aka “Tomy,” 20, Alfredo Avalos-Sanchez aka “Chore,” 26, Gustavo Angel DeLeon-Covarrubias aka “Tripa,” 19, and Jose Arturo Reyes-Sanche aka “Gordo,” 19; along with Juan Antonio Flores aka “Paisa,” 27, of Weslaco.
The FBI Safe Streets Task Force and Drug Enforcement Administration conducted the investigation with the assistance of Border Patrol, Immigrations and Customs Enforcement’s Homeland Security Investigations, Hidalgo County Sheriff’s Office, Texas Department of Public Safety Regional Crime Lab and police departments in McAllen, Pharr, San Juan, Mission and Palmview. Assistant U.S. Attorneys Roberto Lopez Jr. and K. Alejandra Andrade prosecuted the case.
Retired Highway Patrol Trooper Convicted of Lying to FBI about GamblingRead the Press Release
WICHITA, KAN. – A retired highway patrol trooper was convicted today on a charge of lying to the FBI during an investigation into illegal gambling in Wichita, U.S. Attorney Stephan McAllister said.
Michael Frederiksen, 53, Derby, Kan., was convicted in a jury trial on one count of making false statements to FBI investigators. During trial, prosecutors presented evidence that in 2014, while Frederiksen was still a Kansas Highway Patrol Trooper, he was filmed taking part in an illegal cash poker game. On Feb. 23, 2017, he was interviewed by FBI agents investigating illegal gambling businesses in Wichita.
The FBI had a video of Frederiksen playing in an illegal cash poker game held Feb. 12, 2014, at 922 1/2 E. Douglas in the Old Town district of Wichita. The site was equipped with poker tables, a cabinet for valuables and poker chips, video surveillance equipment, liquor and snacks. Staff included dealers, someone serving food and a waitress serving drinks and giving massages to the players.
An undercover investigator was at the game posing as a gambler. At one point, the undercover officer tried to use his phone to take photos. The men running the game took him aside and told him he was making other players nervous. They allowed the undercover officer to continue playing, but moved the game to other locations after that night.
During an FBI interview, Frederiksen made false statements, downplaying his involvement in illegal poker and his relationship with the operator of the poker game.
Sentencing is set for July 30. He faces up to five years in federal prison and a fine up to $250,000. McAllister commended the FBI, the Wichita Police Department, the Internal Revenue Service and Assistant U.S. Attorneys Aaron Smith and Mona Furst for their work on the case.
Resident of Nashua Sentenced to Six Months in Prison for Obstructing U.S. Department of Labor Investigation and Civil LawsuitRead the Press Release
CONCORD - Kevin Corriveau, 43, of Nashua, New Hampshire, and the owner of Kevin Corriveau Painting, Inc., was sentenced to serve six months in prison and pay a $25,000 fine for obstruction of justice in connection with an investigation and litigation by the U.S. Department of Labor, United States Attorney Scott W. Murray announced.
According to court documents, from 2007 through April 2011, Corriveau directed the company’s painters and carpenters to report only non-overtime work on payroll records and employee timecards to avoid detection by government investigators of his intentional and ongoing failure to pay the overtime premium required by the federal Fair Labor Standards Act (FLSA).
Corriveau pled guilty to obstruction of justice on December 15, 2017. He admitted that he concealed the extent to which employees of the company worked overtime hours, in part, by causing an employee of the company to provide false information to the Department of Labor during investigations by the Department’s Wage and Hour Division in 2009 and 2011. In 2009 and 2011, Corriveau himself also provided false information to investigators about the extent of his employees’ overtime work. This included, in 2011, when Corriveau falsely told investigators that his employees did not work overtime on a construction project in Needham, Massachusetts, and provided false documents to investigators to support his assertion.
In 2013, in connection with a civil suit filed against him by the Department of Labor for alleged violations of the FLSA’s overtime wage requirements, Corriveau knowingly created and provided fraudulent invoices and an altered change order to Department’s attorneys that falsely stated that his employees did not work overtime on the Needham project.
After serving his prison sentence, Corriveau will be on supervised release for two years.
“Those who make false statements or create false documents undermine the integrity of our legal system,” said U.S. Attorney Murray. “The defendant’s actions here were unacceptable. Employers should be on notice that they face potential criminal penalties if they do not comply with their legal obligations under the FLSA.”
"The Labor Department’s agencies stand ready to refer to the U.S. Attorney’s offices cases in which employers lie to investigators and fabricate records as part of a scheme to cover up their violations,” said Michael Felsen, Regional Solicitor of Labor in Boston. “We greatly appreciate the New Hampshire U.S. Attorney’s Office’s efforts to bring to justice such an individual in this matter.”
“This prosecution, conviction, and sentence send a message to all employers that knowingly providing false information or falsified documents to the Department of Labor can put their individual liberty at risk,” stated Northern New England District Director Daniel Cronin.
“Kevin Corriveau solicited his employees to make false statements to investigators during a Wage & Hour Division investigation which uncovered over $200,000 in unpaid wages. The Office of Inspector General will continue to investigate those who obstruct the Department’s efforts to ensure the integrity of its programs,” said Peter Nozka, Acting Special Agent-in-Charge, New York Region, U.S. Department of Labor Office of Inspector General.
This is believed to be the first federal criminal prosecution arising from a Labor Department wage and hour investigation in New Hampshire. The U.S. Department of Labor’s Office of the Inspector General investigated the criminal case with assistance from the Department’s Employee Benefits Security Administration. It was prosecuted by Assistant U.S. Attorney Robert M. Kinsella and Special Assistant U.S. Attorney Scott Miller, who is a Senior Trial Attorney at the Labor Department’s Office of the Solicitor in Boston, Massachusetts.
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Randolph County man sentenced for unlawful possession of a firearmRead the Press Release
ELKINS, WEST VIRGINIA – Eric Joseph Wilson, Jr., of Coalton, West Virginia, was sentenced today to 15 months incarceration for illegally possessing a firearm, United States Attorney Bill Powell announced.
Wilson, age 31, admitted to illegally possessing a .32 caliber revolver in May 2016. He pled guilty to “Unlawful Possession of Firearm by Drug Addict” in January 2017.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. District Judge John Preston Bailey presided.
Poplar Bluff and Illinois Men Found GuiltyRead the Press Release
The United States Attorney's Office announced that Demarlon Richardson, of Poplar Bluff, Missouri, and Germonde Brunner, Arlandus Howard, Norlando Jackson and Antywan Seawood, of East St. Louis, Illinois, were found guilty of the burglary of a federally licensed firearms dealer known as Instapawn, which is located near Poplar Bluff, Missouri. That burglary occurred on February 28, 2017, when the five men stole over 60 firearms. Howard was found guilty by a jury and the other four men entered guilty pleas. The maximum term of imprisonment for this crime is ten years.
Brunner, Howard, Jackson and Seawood were also found guilty of committing Carjacking and Possession of a Firearm in Furtherance of a Crime of Violence for a carjacking crime that occurred in Clayton, Missouri, on February 27, 2017. The men used the stolen car during the commission of the firearms theft. The maximum term of imprisonment for the crime of Carjacking is fifteen years. The maximum term of imprisonment for Possession of a Firearm in Furtherance of a Crime of Violence is life, with a minimum sentence of seven years imprisonment. The case is before United States District Judge Stephen N. Limbaugh, Jr.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the Butler County Sheriff’s Office; the Poplar Bluff Police Department; the Clayton, Missouri Police Department and the St. Louis Metropolitan Police Department. Assistant United States Attorney Keith D. Sorrell is handling the prosecution for the Government.
Pittsburgh Felon Sentenced to Prison for Violating his Supervised Release ConditionsRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 18 months in prison on his conviction of violating supervised release conditions, United States Attorney Scott W. Brady announced today.
United States District Judge Arthur J. Schwab imposed the sentence on Kenneth K. Gaines.
According to information presented to the court, Gaines had previously been sentenced to 46 months’ imprisonment by Judge Schwab and began his supervised release on January 25, 2018. Gaines was arrested by Pittsburgh Police on April 4, 2018, and those charges are pending against him. He admitted to the following supervised release violations: he frequented a place where controlled substances were illegal, sold, used and distributed; he failed to acquire a lawful occupation; he associated without permission with persons convicted of felonies; he possessed a controlled substance, namely marijuana and ecstasy, as demonstrated by positive urine tests; and he failed to participate in a mental health assessment or treatment program.
Prior to imposing sentence, Judge Schwab stated that it is imperative for Mr. Gaines to cooperate with authorities and to take full responsibility for his own actions.
Assistant United States Attorney Nelson P. Cohen prosecuted this case on behalf of the government.
United States Attorney Brady commended the United States Probation Office for the successful prosecution of Kenneth K. Gaines.
Pittsburgh Felon Admits Illegally Possessing a FirearmRead the Press Release
PITTSBURGH –A local felon pleaded guilty in federal court to a charge of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
Julian Patton, age 26, of Pittsburgh, Pennsylvania, pleaded guilty to one count before United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that on February 2, 2017, Patton, convicted felon, was in possession of a firearm. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm.
Judge Hornak scheduled sentencing for August 27, 2018, at 10:30 a.m. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney Heidi M. Grogan is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the City of Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Patton.
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.
Pinon Man Sentenced to Six Years’ Prison for Assaulting Navajo Nation Police OfficerRead the Press Release
PHOENIX – Yesterday, Lambert Ten Hosteen, 30, of Pinon, Ariz., was sentenced by U.S. District Judge G. Murray Snow to 6 years’ imprisonment. Hosteen had previously pleaded guilty to assault on a federal officer with a dangerous weapon.
On May 17, 2017, officers of the Navajo Nation Police Department were contacted with reports that Hosteen was firing a shotgun and fighting with another person in the area of Pinon, Ariz. When officers arrived, Hosteen pointed the loaded weapon at them and threatened several times to shoot them. In response, one officer fired at Hosteen, striking him in the hand. After Hosteen was taken into custody, officers discovered that the shotgun was a homemade destructive device, which is illegal to possess under the National Firearms Act. Hosteen and the officers are all members of the Navajo Nation, and the offense occurred on the Navajo Nation Indian Reservation.
The investigation was conducted by agents of both the Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The prosecution was handled by Assistant U.S. Attorney William G. Voit, District of Arizona, Phoenix.
CASE NUMBER: CR 17-08195-GMS
RELEASE NUMBER: 2018-053_ Hosteen
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Pennsylvania Painting Company Owner Admits Filing a False Tax ReturnRead the Press Release
PITTSBURGH – A Pennsylvania businessman pleaded guilty in federal court to a charge of filing a false tax return, United States Attorney Scott W. Brady announced today.
Daniel Spatara waived indictment and pleaded guilty to one count before United States District Court Nora Barry Fischer.
In connection with the guilty plea, the court was advised that Spatara filed a false 1040 income tax return for 2012. In his 2012 return, the defendant falsely stated that he had business income of $57,612, on line 12, whereas, as he then and there knew, he had substantial additional business income. In addition to the 2012 false tax return charged in the Information, the defendant also filed false tax returns for 2010 and 2011.
Daniel Spatara owned a painting business located in Grove City, Pennsylvania. He reported his business activities on Schedule C attached to his individual tax returns for years 2010, 2011 and 2012. During these years, the defendant under reported $144,350.00 of business receipts. Daniel Spatara’s failure to report these receipts resulted in a tax loss of $40,681 for 2010, 2011 and 2012.
Judge Fischer scheduled sentencing for September 11, 2018 at 11 a.m. The law provides for a maximum total sentence of 3 years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Mary McKeen Houghton is prosecuting this case on behalf of the government.
The United States Internal Revenue Service, Criminal Investigation, conducted the investigation leading to the conviction in this case.
Owner of Welding School Sentenced for $1.4 Million GI Bill FraudRead the Press Release
NEWPORT NEWS, Va. – The owner of a sham welding school in Newport News was sentenced today to 40 months in prison for his role in a conspiracy to defraud the Department of Veterans Affairs (VA) of $1.4 million and filing false tax returns.
According to court documents, Dr. Wilbert J. McNair, Jr., 54, of Chesapeake, was an owner of the Hampton Roads Skills Center (HRSC), located in Newport News. The HRSC purported to be a welding training facility that was approved by the VA to provide education and training to military veterans, including veterans who received tuition assistance under the Post-9/11 GI Bill and other VA educational assistance programs. The HRSC also contracted with two other federally-funded agencies to provide welding training to students receiving tuition assistance from those entities. McNair represented that HRSC provided full-time schooling to nearly 100 veteran students beginning in March 2013. Most veterans enrolled in HRSC received few, if any, hours of instruction, and the majority of students did not take a final exam or attend lecture or practical, hands-on coursework. Indeed, most students were not even physically present at HRSC during the hours their courses were purportedly held, and some students never once entered the building during any point during the period of their enrollment. Nonetheless, McNair reported to the VA that the veteran students were enrolled in and attending the school, such that HRSC received tuition payments for each veteran from the VA. Based on McNair’s provision of false information to the VA, HRSC received over $1.4 million in VA tuition payments between March 2013 and June 2017.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, Michael J. Missal, Inspector General, U.S. Department of Veterans Affairs, Office of Inspector General; Kim Lampkins, U.S. Department of Veterans Affairs, Office of Inspector General, Special Agent in Charge, Mid Atlantic Field Office; and Kimberly Lappin, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI), made the announcement after sentencing by U.S. District Judge Mark S. Davis. Assistant U.S. Attorneys V. Kathleen Dougherty and Kaitlin C. Gratton are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:17-cr-107.
Orange County Electronics Distributor Charged with Selling Counterfeit Integrated Circuits with Military and Commercial UsesRead the Press Release
LOS ANGELES – The owner of PRB Logics Corporation, an Orange County-based seller of electronic components, was arrested this morning on federal charges alleging he sold counterfeit integrated circuits, some of which could have been used in military applications.
Rogelio Vasquez is charged in a 30-count indictment that alleges he acquired old, used and/or discarded integrated circuits from Chinese suppliers that had been repainted and remarked with counterfeit logos. The devices were further remarked with altered date codes, lot codes or countries of origin to deceive customers and end users into thinking the integrated circuits were new, according to the indictment. Vasquez then sold the counterfeit electronics as new parts made by manufacturers such as Xilinx, Analog Devices and Intel.
Vasquez, who is also known as “James Harrison,” 43, a resident of Orange, was arrested without incident at his residence this morning by federal authorities. Vasquez is expected to be arraigned on the indictment this afternoon in United States District Court in Santa Ana.
The indictment charges Vasquez with nine counts of wire fraud, 20 counts of trafficking in counterfeit goods, and one count of trafficking in counterfeit military goods. The charge related to counterfeit military goods alleges that Vasquez sold eight integrated circuits that appeared to be manufactured by Xilinx, knowing that such goods were counterfeit military goods, “the use, malfunction, and failure of which were likely to cause serious bodily injury and death, the disclosure of classified information, impairment of combat operations, and other significant harm to a combat operation, a member of the Armed Forces, and to national security.”
The wire fraud charges allege that Vasquez instructed his Chinese suppliers to remark ICs and also instructed a testing laboratory in China to provide two versions of its report – one of which accurately showed integrated circuit test results and the second of which was a “sanitized version” that did not contain results of “any visual inspection and permanency or other marking tests, which would have revealed that the ICs were used, remarked and/or in poor condition.”
A federal grand jury returned the indictment on April 27. Federal prosecutors on April 23 filed an asset forfeiture complaint against $97,362 in cash seized from Vasquez’s residence in 2016. The asset forfeiture complaint outlines the investigation into counterfeit integrated circuits and notes, “The sale of counterfeit [integrated circuits] into the stream of commerce is a significant problem for the U.S. military, due to the increased risk of equipment failure from using salvaged, sub-standard, or wrong components.”
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
The charges of wire fraud and trafficking in counterfeit military goods each carry a statutory maximum sentence of 20 years in federal prison. Each count of trafficking of counterfeit goods carries a maximum possible penalty of 10 years in prison.
The investigation into Vasquez and PRB Logics is being conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the Defense Criminal Investigative Service; and the National Reconnaissance Office, Office of Inspector General.
The criminal case is being prosecuted by Assistant United States Attorney Lisa E. Feldman of the Cyber & Intellectual Property Crimes Section. The complaint seeking the forfeiture of the seized funds was filed by Assistant United States Attorney Steven R. Welk, Chief of the Asset Forfeiture Section.
Ohio Man Evaded Income TaxesRead the Press Release
PITTSBURGH, PA – An Ohio resident pleaded guilty in federal court to a charge of tax evasion, United States Attorney Scott W. Brady announced today.
Douglas A. Hagy pleaded guilty to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, according to information presented to the Court, Hagy received approximately $982,000 in income between 2012 and 2016, which he failed to disclose on federal income tax returns.
Judge Fischer scheduled sentencing for September 11, 2018. The law provides for a total sentence of 5 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The Internal Revenue Service-Criminal Investigations conducted the investigation that led to the prosecution of Douglas A. Hagy.
Nurses Sentenced to Prison for Stealing Opioids from Colorado HospitalsRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that two Colorado nurses who stole opioids from hospitals were sentenced to prison by the Honorable R. Brooke Jackson of the United States District Court for the District of Colorado.
Lisa Marie Jones, 43, of Castle Rock, was sentenced to fourteen months imprisonment to be followed by three years of supervised release on April 19, 2018. According to Court documents, Jones was a nurse at the Veterans Affairs Medical Center in Denver, and a free-standing UCHealth emergency room in 2016, when she stole hydromorphone, morphine, and fentanyl from the facilities for personal use. Jones primarily stole the “waste” medication left after administering the controlled substances to patients. She tampered with two vials of fentanyl at the emergency facility, removing all of the drug, replacing it with saline, and “re-sealing” the vials with skin glue. Jones placed the tampered vials back into the automated medication management machine for potential use on future patients. The tampered vials were discovered before they could be used on any patients. Jones previously pleaded guilty to one count of theft of a controlled substance by deception and one count of tampering with a consumer product. The Court sentenced Jones to fourteen months of imprisonment and three years of supervised release on each count, to run concurrently.
Marlene Gilmore, 28, of Wellington, was sentenced to four months imprisonment to be followed by one year of supervised release on April 26, 2018. According to Court documents, Gilmore was a nurse at North Colorado Medical Center in 2016 when she stole fentanyl, morphine, and hydromorphone from the locked automated medication management system. Gilmore pleaded guilty to one count of theft of a controlled substance by deception. Evidence showed that she used drugs while on the job.
“These nurses put their patients at risk so they could get high. For that they will go to prison,” said U.S. Attorney Bob Troyer. “Patients place enormous trust in their health care providers. Caregivers who betray that trust will pay with their own freedom.”
“Patients deserve to have confidence that they are receiving the proper treatment from those entrusted with providing their medical care,” said Spence E. Morrison, Special Agent in Charge, FDA Office of Criminal Investigations, Kansas City Field Office. “We will continue to pursue and bring to justice any healthcare professionals who put their patients’ health at risk by tampering with their pain medications.”
Gregg Hirstein, Special Agent in Charge, U.S. Department of Veterans Affairs, Office of Inspector General, Central Field Office added, “The VA OIG remains dedicated to protecting our nation's heroes in the patient care environment. The seriousness of tampering with medications and drug use by healthcare providers is evident. We will continue to hold such offenders accountable.”
The cases were investigated by the Food and Drug Administration. The Department of Veterans Affairs, Office of the Inspector General also investigated the Jones case. AUSA Anna Edgar represented the United States. The cases are captioned, United States v. Jones, Case No. 17-cr-00352-RBJ, and United States v. Gilmore, Case No. 17-cr-00401-RBJ.
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Visit our website http://www.justice.gov/usao/co | Follow us on Twitter @DCoNewsNew Jersey Man Sentenced to Eight Years in Prison for Conspiracy to Provide Material Support to ISISRead the Press Release
Samuel Rahamin Topaz, 24, of Fort Lee, New Jersey, was sentenced today to eight years in prison, to be followed by a lifetime of supervised release, for conspiring to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
The announcement was made by Assistant Attorney General for the National Security John C. Demers, U.S. Attorney Craig Carpenito for the District of New Jersey and Special Agent in Charge Gregory W. Ehrie of the FBI’s Newark, New Jersey Division. Saadeh previously pleaded guilty before U.S. District Judge Susan D. Wigenton to an information charging him with one count of conspiring with others to provide services and personnel to ISIS. Judge Wigenton imposed the sentence today in federal court.
According to documents filed in this and related cases, and statements made in court:
Topaz admitted that prior to his arrest by the FBI Joint Terrorism Task Force on June 17, 2015, he planned to travel overseas to join ISIS and saved money for that purpose. Topaz discussed plans to join ISIS with Nader Saadeh, Alaa Saadeh and Munther Omar Saleh, and he admitted that at various times each of them indicated they wanted to join ISIS. Topaz also admitted that he and the other defendants watched ISIS-related videos, some of which depicted the execution of non-Muslims and individuals regarded as apostates from Islam.
On May 5, 2015, Nader Saadeh departed the United States with plans to travel overseas for the purpose of joining ISIS as part of the conspiracy. Topaz admitted that he and others planned to travel overseas separately, meet up with Nader Saadeh, and then travel together to join ISIS. After Nader Saadeh left the United States, Topaz met with Munther Omar Saleh and contacted Alaa Saadeh to discuss those plans.
Topaz admitted knowing that ISIS was a designated foreign terrorist organization, which he knew to be taking over territory overseas, expelling non-Muslims from their homes, and executing individuals who did not obey ISIS’ commands.
Nader and Alaa Saadeh both pleaded guilty to conspiring to provide material support to ISIS. Alaa Saadeh was sentenced to 15 years in prison on May 10, 2016. Nader Saadeh was sentenced to 10 years in prison on April 30. Saleh and Mumuni both pleaded guilty to related charges brought by the U.S. Attorney’s Office for the Eastern District of New York. Saleh was sentenced to 18 years in prison on Feb. 6. Mumuni was sentenced to 17 years in prison on April 26.
Assistant Attorney General Demers and U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Ehrie in Newark, and the Newark Joint Terrorism Task Force with the investigation. The JTTF is comprised of agents and officers from the U.S. Department of Homeland Security’s Homeland Security Investigations, Bergen County Prosecutor’s Office, Passaic County Prosecutor’s Office, New Jersey State Police, Paterson Police Department, and NYPD, among other federal, state, and local law enforcement agencies.
This case is being prosecuted by Assistant U.S. Attorneys Dennis C. Carletta and Francisco J. Navarro of the District of New Jersey, with assistance from Trial Attorneys Justin Sher and Robert Sander of the National Security Division’s Counterterrorism Section.
Muskegon Man Sentenced to 30 Years in Federal Prison for Producing Child PornographyRead the Press Release
GRAND RAPIDS, MICHIGAN – Eric Matthew Will, 35, of Muskegon, Michigan was sentenced to 30 years in federal prison for producing child pornography, U.S. Attorney Andrew Birge announced today. In addition to the prison term, U.S. District Judge Paul L. Maloney imposed a 20-year term of supervised release that will commence once Will is released from imprisonment. Will will also be required to register as a sexual offender.
Will pled guilty on January 2, 2018. He admitted that he had created pornographic images and videos of a 14-year-old child and then sent them to others via the Internet. One of the people to whom Will sent child pornography was an undercover officer, and Will was arrested days after he did so.
In its sentencing memorandum, the U.S. Attorney’s Office argued in favor of the thirty-year sentence and pointed out that Will had sexually abused and exploited the victim for years. In addition, Will had tried to sell his collection of child pornography to the undercover officer for $1,000. "Crimes involving the sexual exploitation of children are among the most serious offenses there are," and the victim in this case "was particularly vulnerable." At sentencing, the United States emphasized the need to protect the community and punish Will, and it argued that a 30-year sentence was necessary and appropriate to achieve the goals of sentencing. Judge Maloney agreed, noting that Will’s case was the worst case he had seen in 20 years on the bench.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney's Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
The Department of Homeland Security, Homeland Security Investigations (HSI) investigated the case. Assistant U.S. Attorney Sean M. Lewis prosecuted the case.
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Mosby Court Drug Dealer Sentenced to Five Years in PrisonRead the Press Release
RICHMOND, Va. – A previously convicted felon was sentenced today to five years in prison for his possession of a 9mm semi-automatic pistol and over a kilogram of marijuana in an apartment near the Mosby Court public housing community.
According to court documents, Timothy Carrington, 57, of Richmond, was arrested on Oct. 18, 2017, after Richmond police officers responded to Carrington’s apartment located in the 1300 block of Coalter Street based on a drug distribution complaint. After a brief discussion with the officers, Carrington admitted to possessing a small amount of marijuana on his person. Carrington was placed under arrest and the officers obtained a search warrant for his apartment. The following day, officers executed the search warrant and discovered 1.1 kilograms of marijuana, a 9mm semi-automatic pistol, $165,052 in cash, multiple vacuum sealers, digital scales, and drug packaging materials.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, Thomas L. Chittum, III, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, and Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by U.S. District Judge M. Hannah Lauck. Assistant U.S. Attorney Erik S. Siebert 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-153.
Mexican man admits to drug trafficking chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Rogelio Martinez-Rojas, of Mexico, has admitted to cocaine distribution, United States Attorney Bill Powell announced.
Martinez-Rojas, who had been living in Martinsburg, age 34, pled guilty to one count of “Possession with Intent to Distribute Cocaine.” Martinez-Rojas admitted to distributing cocaine in October 2017 in Berkeley County.
Martinez-Rojas faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Shawn M. Adkins and Lara K. Omps-Botteicher are prosecuting the cases on behalf of the government. The Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Marshals Service, the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, the Potomac Highlands Drug & Violent Crimes Task Force, the Northwest Virginia Regional Drug & Gang Task Force , the West Virginia State Police, the Virginia State Police, the Berkeley County Sheriff’s Office, the Jefferson County Sheriff’s Office, the Martinsburg Police Department, the Charles Town Police Department, and the Ranson Police Department investigated. Other agencies assisting in the investigation are the Winchester City Police Department; and Frederick County, Virginia Sheriff’s Office; Pittsylvania County; Virginia Sheriff’s Office; and the Henry County, Virginia, Sheriff’s Office.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Robert W. Trumble presided.
Mexican National Pleads Guilty to Illegal ReentryRead the Press Release
U.S. Attorney Duane A. Evans announced that RAMIRO MARTINEZ-RAMIREZ, age 42, a native of Mexico, pleaded guilty to a one-count indictment for illegal reentry of a removed alien, in violation of Title 8, United States Code, Section 1326(a).
At sentencing, which is set for June 15, 2018, MARTINEZ-RAMIREZ faces a maximum term of imprisonment of ten years, a fine of up to $250,000.00, and a mandatory special assessment of $100.00. Additionally, MARTINEZ-RAMIREZ is subject to a period of supervised release after imprisonment of up to three years.
U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement – Enforcement and Removal Operations in investigating this matter. Assistant United States Attorney Chandra Menon is in charge of the prosecution.
Mescalero Apache Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Timothy Gregg Enjady, 54, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty today in federal court in Las Cruces, N.M., to an assault charge. Enjady’s plea agreement recommends an 18-month term of imprisonment followed by a term of supervised release to be determined by the court.
The BIA arrested Enjady in Aug. 2017, on a criminal complaint charging him with assaulting a Mescalero Apache woman on June 7, 2017, on the Mescalero Apache Indian Reservation in Otero County, N.M. According to the complaint, Enjady assaulted the woman by hitting her in the face with his fist, hitting her with an object and placing his thumb in her eye.
Enjady was subsequently indicted on Jan. 17, 2018, and charged with assault with a dangerous weapon, an aluminum crutch, with intent to do bodily harm.
During today’s proceedings, Enjady pled guilty to the indictment and admitted that on June 7, 2017, he assaulted the victim by striking her in the face and head with an aluminum crutch. Enjady further admitted that the victim suffered facial contusions, head lacerations and a corneal abrasion as the result of the assault. A sentencing hearing has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Mercer County, New Jersey, Man Sentenced to 21 Months in Prison for Tax EvasionRead the Press Release
NEWARK, N.J. – A Princeton Junction, New Jersey, man was sentenced today to 21 months in prison for failing to report over $1.5 million in income he fraudulently diverted to overseas shell companies, U.S. Attorney Craig Carpenito announced.
Albert Chang, 71, previously pleaded guilty before U.S. District Court Judge William H. Walls to an information charging him with one count of conspiring to evade income taxes and one substantive count of tax evasion. Judge Walls imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court: Chang and Michael Q. Fu, 54, of Cranbury Township, New Jersey, co-owned and operated United Products and Instruments Inc. (UNICO) located in Dayton, New Jersey. UNICO was established by Chang and Fu in 1991 and primarily engaged in the sale and export of microscopes and centrifuges for medical purposes.As part of the conspiracy, Chang and Fu created two shell companies headquartered in China – Action Towers and Bench Top Laboratories. Chang and Fu then diverted business income to themselves by funneling money to the shell companies’ bank accounts and deducting the diverted funds from UNICO’s corporate tax return as the cost of goods sold or commission.
In addition, Chang and Fu had Shanghai Electric, a Hong Kong-based utility company, overbill UNICO by approximately five percent on legitimate invoices. Once the invoices were paid by UNICO, they directed Shanghai Electric to wire transfer the overbilled amount to their accounts in China, which they used for their personal benefit. Chang and Fu failed to report any of that income on their federal income tax returns.
In total, Change failed to report $1,559,200, resulting in a tax loss of $237,064. Fu failed to report $1,570,000, resulting in a tax loss of $321,141.
In addition to the prison term, Judge Walls sentenced Chang to three years of supervised release. Restitution will be determined at a later date.
Fu previously pleaded guilty to his role in the conspiracy and was sentenced to 37 months in prison on Jan. 24, 2017.
U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen; special agents of Department of Homeland Security, Homeland Security Investigations, under the direction of Acting Special Agent in Charge Brian Michael; and officers of the Springfield Police Department, under the direction of Chief John Cook, with the investigation.
The government is represented by Senior Litigation Counsel Margaret Ann Mahoney of U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Robert Weir Esq., Red Bank, New Jersey
Memphis Man Sentenced to 10 Years Imprisonment for Distribution of FentanylRead the Press Release
Memphis, TN – Mark Nunnally, 51, of Memphis has been sentenced to 120 months in federal prison for distribution of fentanyl. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, on May 18, 2017, members of the Shelby County Sheriff’s Office executed a search warrant at the defendant’s residence after receiving information about narcotics being sold from this location. A search revealed 519.95 grams of fentanyl, a Lorcin .380 caliber handgun, and $14,629 in cash.
A federal grand jury returned a two-count indictment against Nunnally in September of last year, charging possession with intent to distribute fentanyl and being a convicted felon in possession of a firearm. On January 10, 2018, the defendant pleaded guilty to the two-count indictment.
U.S. Attorney D. Michael Dunavant said: "Fentanyl is a deadly drug that destroys lives, and the substantial quantity of fentanyl possessed by the defendant for resale could have caused countless injuries and deaths. Under the new opioid strategy of this office and the Department of Justice, we will seek maximum sentencing penalties for any person distributing any amount of fentanyl in West Tennessee. If you are a drug dealer causing addiction, pain, and death for selfish personal gain, we will find you and hold you accountable."
On April 30, 2018, U.S. District Judge John T. Fowlkes Jr., sentenced Nunnally to ten years imprisonment. The sentence will run consecutively to a thirty-month sentence for violation of supervised release as the defendant was on federal supervised release at the time for conspiracy to possess with the intent to distribute cocaine.
This prosecution is part of an extensive investigation by the Organized Crime and Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking organizations, targeting national and regional level drug trafficking organizations, and conducting the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case was investigated by the Shelby County Sheriff’s Office and the Drug Enforcement Administration.
Assistant U.S. Attorney Michelle Kimbril-Parks prosecuted this case on the government’s behalf.
Maximino Contreras Sentenced to Serve 210 Months in Prison for Shipping Methamphetamine from Arizona to East TennesseeRead the Press Release
KNOXVILLE, Tenn. – On April 30, 2018, Maximino Contreras, 47, of Tollison, Arizona, was sentenced by the Honorable Pamela L. Reeves, U.S. District Judge, to serve 210 months in federal prison for his role in a methamphetamine distribution conspiracy.
Contreras pleaded guilty in July 2017 to conspiracy to distribute 50 grams or more of methamphetamine. In his plea agreement on file with U.S. District Court, Contreras admitted to shipping methamphetamine from Arizona, where he resided, to east Tennessee. He also admitted that in August 2016, he was in possession of four pounds of methamphetamine and approximately $22,000 in cash that was seized from an apartment being used as a stash house in Morristown, Tennessee.
Agencies involved in this investigation included Drug Enforcement Administration- Knoxville and Phoenix Field Divisions, U.S. Postal Inspection Service- Knoxville and Phoenix Field Divisions, Tennessee Highway Patrol, Seventh Judicial District Crime Task Force, and the Morristown Police Department. Assistant U.S. Attorney Kelly A. Norris represented the United States during court proceedings.
Funding for some of the task forces involved in this investigation also came from the Appalachian High Intensity Drug Area Task Force (HIDTA) which was created in 1998, one of 32 areas in the nation that have been designated as HIDTAs. The HIDTA Program began in 1988 when Congress authorized the Director of The Office of National Drug Control Policy (ONDCP) to designate areas within the United States which exhibit serious drug trafficking problems and harmfully impact other areas of the country as HIDTAs. The HIDTA Program provides additional federal resources to those areas to help eliminate or reduce drug trafficking and its harmful consequences.
This case was part of the Appalachia High Intensity Drug Trafficking Areas (HIDTA) program. The HIDTA program enhances and coordinates drug control efforts among local, state, and federal law enforcement agencies. The program provides agencies with coordination, equipment, technology, and additional resources to combat drug trafficking and its harmful consequences in critical regions of the United States. The program began in 1988 when Congress authorized the Director of The Office of National Drug Control Policy designate areas within the United States that exhibit serious drug trafficking problems and harmfully impact other areas of the country as HIDTAs.
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