Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Wednesday 21 March 2018
Raleigh Residents Sentenced for Health Care Fraud Conspiracy Targeting North Carolina MedicaidRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that yesterday in Federal court in New Bern, United States District Judge Louise W. Flanagan sentenced CHRISTOPHER LEON BROWN and MARK RAYFIELD BROWN, JR., both of Raleigh, North Carolina to 40 months in prison and 30 months in prison, respectively, for their roles in a health care fraud conspiracy that targeted the North Carolina Medicaid system. The Court ordered the terms of imprisonment to be followed by three years of supervised release. Both defendants were also ordered to pay restitution to the North Carolina Medicaid Program, among other terms of the judgment.
CHRISTOPHER LEON BROWN was named in Criminal Information filed on March 31, 2017, which charged him with conspiracy to commit health care fraud. On April 13, 2017, BROWN pled guilty to the charge.
MARK RAYFIELD BROWN, JR. was named in a Criminal Information filed on December 22, 2016, which charged him with conspiracy to commit health care fraud. On February 16, 2017, BROWN, JR. pled guilty to the charge.
A third co-conspirator, DARRYL VASHAUN STANFORD, of Raleigh, North Carolina, pleaded guilty to a Criminal Information on April 13, 2017. On February 22, 2018, STANFORD was sentenced to 34 months imprisonment and three years of supervised release and ordered to pay restitution to North Carolina Medicaid Program, among other terms of the judgment.
According to the charging instruments, statements made in court, and other public information, BROWN, BROWN JR., and STANFORD were co-conspirators in a health care fraud scheme that stole hundreds of thousands in funds from the North Carolina Medicaid Program through the purchase and exploitation of stolen Medicaid beneficiary information and clinician information. The stolen information was used by the co-conspirators to submit thousands of false and fraudulent claims for reimbursement for health care services that were never rendered by the listed providers. The co-conspirators targeted the North Carolina Health Choice (NCHC) Health Insurance Program for Children in particular, a comprehensive health coverage program for low-income children which is part of the North Carolina Medicaid system.
Between approximately April 2014 and May 2015, BROWN, BROWN, JR., and STANFORD submitted fraudulent claims to Medicaid through Christian Medical Center, Inc., a purported provider of outpatient behavioral services in eastern North Carolina. In truth, Christian Medical was a shell company or “false front” with no legitimate business operations by this point. BROWN, JR. was the owner of record for Christian Medical and partnered with BROWN (no relation) to facilitate the scheme. Among other things, BROWN purchased stolen Medicaid beneficiary information and forwarded it to STANFORD, an experienced Medicaid biller. STANFORD, in turn, used the stolen information to prepare and electronically file the fraudulent claims on Christian Medical’s behalf through Medicaid’s NCTracks system.
In addition to their roles with respect to the Christian Medical scheme, BROWN and STANFORD were charged with, pleaded guilty to, and sentenced for engaging in a related conspiracy to file thousands of fraudulent Medicaid claims on behalf of multiple other providers. These claims also incorporated stolen Medicaid beneficiary information and clinician information.
Investigation of this case was conducted by the Federal Bureau of Investigation and the North Carolina Department of Justice, Medicaid Investigations Division. Assistant United States Attorney Adam F. Hulbig prosecuted the case for the government.
Pocatello Man Pleads Guilty to Distribution of a Controlled Substance Resulting in DeathRead the Press Release
POCATELLO – Michael Simmons, 33, of Pocatello, Idaho, pleaded guilty yesterday to distribution of a controlled substance analogue resulting in death, U.S. Attorney Bart M. Davis announced. Simmons was indicted by a federal grand jury in Pocatello on September 13, 2017.
According court documents, on June 17, 2016, Simmons distributed a Schedule I synthetic opioid commonly known as U-47700 to victim, A.D., in Pocatello, Idaho. Simmons knew that it was a prohibited substance when distributed for human consumption, and knew that it would have the same effect on the central nervous system as an illegal substance. Simmons distributed the analogue for A.D.’s consumption. A.D. consumed the analogue, which caused A.D.’s death.
The charge for distribution of a controlled substance analogue resulting in death is punishable by a mandatory minimum of 20 years in prison up to life, a maximum fine of $2,000,000, and at least three years of supervised release.
Sentencing is set for June 20, 2018, before Chief U.S. District B. Lynn Winmill at the federal courthouse in Pocatello.
“Our nation is in the midst of an opioid epidemic and Idaho is not immune from it,” Davis said. “The Department of Justice has made combatting the opioid crisis a priority. As in this case, my office and federal law enforcement agencies are dedicated to partnering with state and local law enforcement and prosecutors to battle this epidemic.”
The case was investigated by the Department of Homeland Security/Immigration and Customs Enforcement/Homeland Security Investigations, the Pocatello Police Department and the Drug Enforcement Administration, with assistance from the Idaho State Police and the Pocatello Fire Department.
Pittsburgh Woman Pleads Guilty to Drug ChargeRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Sharima Zyhier, 41, pleaded guilty to one count before Chief United States District Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that from in and around January 2016, and continuing thereafter to in and around May 2016, Zyhier conspired with others to distribute, and possess with intent to distribute, cocaine, a Schedule II controlled substance.
Judge Conti scheduled sentencing for July 10, 2018 at 3:30 p.m. The law provides for a total sentence of not more than 20 years in prison, a fine not to exceed $1,000,000, 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 Attorneys Cindy K. Chung and Katherine A. King are prosecuting this case on behalf of the government.
A federally administered Organized Crime and Drug Enforcement Task Force (OCDETF) conducted the investigation that led to the prosecution of Sharima Zyhier. The task force is headed by the Drug Enforcement Administration and is comprised of members drawn from the Pennsylvania Office of the Attorney General, Ambridge Police Department, New Brighton Police Department, Beaver Police Department, Aliquippa Police Department, Moon Township Police Department, Wilkinsburg Police Department, West Mifflin Police Department, Allegheny County Police Department, Duquesne Police Department, Munhall Police Department, Allegheny County Sheriff’s Office, Pittsburgh Bureau of Police, and the Pennsylvania State Police. 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.
Ohio Man Indicted for Hate Crime AssaultRead the Press Release
The Department of Justice today announced that an Ohio man has been indicted by a federal grand jury in the Southern District of Ohio on a charge of violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.
According to the indictment, on or about Feb. 4, 2017, outside of a restaurant located in Cincinnati, Ohio, Izmir Koch, 32, willfully caused bodily injury to a person because of that person’s perceived religion. The indictment alleges that Koch hit and kicked an individual (Victim-1), after Victim-1 represented that he was Jewish. Victim-1 is alleged to have suffered bodily injury as a result of the assault, including a fractured orbital floor.
If convicted, Koch faces a statutory maximum sentence of 10 years in prison, a fine of $250,000, or both. An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
This case is being investigated by the Cincinnati Division of the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Megan Gaffney of the Southern District of Ohio and Trial Attorney Gabriel Davis of the Civil Rights Division of the Department of Justice.
Nashua Man Sentenced to 18 Months for Illegal Possession of FirearmsRead the Press Release
CONCORD - Ryan Faulconer, 25, of Nashua, was sentenced to serve 18 months in prison for illegal possessing firearms, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Faulconer purchased eight firearms in a two-week period between April and May of 2016. At the time he purchased the firearms, Faulconer was prohibited from possessing firearms by federal law due to an ongoing addiction to opioids. However, when making the purchases, he falsely stated that he was not addicted to any controlled substances. When interviewed by investigators in May of 2016, Faulconer admitted his addiction and could produce only one of the eight firearms, claiming the others had been stolen.
Faulconer pleaded guilty on October 4, 2017. Following the completion of his term of imprisonment, Faulconer will serve a term of three years of supervised release.
“In order to combat violent crime, we must ensure that guns do not fall into the wrong hands,” said U.S. Attorney Murray. “We will work closely with our law enforcement partners to enforce federal gun laws in order to keep our communities safe.”
“The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is committed to targeting prohibited individuals from possessing and trafficking in firearms”, said Mickey Leadingham, ATF Special Agent in Charge Field of the Boston Field Division. “ATF will continue to collaborate with our law enforcement partners to eliminate these type of crimes and remove firearms from illegal commerce.”
This matter was investigated by the ATF. The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
###
Monroe, N.C. Methamphetamine Trafficker Pleads GuiltyRead the Press Release
CHARLOTTE, N.C. – Larry Allen Elkins, Jr., 31, of Monroe, N.C. appeared before U.S. Magistrate Judge David Keesler yesterday and pleaded guilty to methamphetamine trafficking conspiracy and possession with intent to distribute methamphetamine, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina.
According to filed court documents and court proceedings, Elkins was part of a narcotics distribution network operating in Union and Mecklenburg Counties and elsewhere. To date, more than 14 individuals have been indicted on federal charges in connection with this investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The Union County Sheriff’s Office, the Monroe Police Department, the Division of Adult Correction and Juvenile Justice, the FBI and ATF, are among the law enforcement agencies which are task force members.
OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Those who have been charged federally or have pleaded guilty to federal charges as part of this OCDETF investigation are:
- Jason Albert Frankenberg, 41, of Matthews, N.C.
- Isaac Patton Brown, 46, of Charlotte.
- Johnathan Mitchell Goodwin, 36, of Wadesboro, N.C.
- Elizabeth Lorraine Lewis, 28, of Pinnacle, N.C.
- Nestor Martin Fernandez, 38, of Charlotte.
- Emilio Mejia, 28, of Charlotte.
- Rodolfo Medina, 47, of Charlotte.
- Jose Javier Reyes, 19, of Charlotte.
- Mauco Contreras, 21, of Charlotte.
- Kevin Eliezer Velasquez Melendez, 18, of Concord, N.C.
- Alejandro Jose Lopez Ceballos, 20, of Charlotte.
- Martha Olivia Placencia Beltran, 48, of Charlotte.
- Edgar Jesus Magana, 24, of Charlotte.
- Brandy Nicole Short, 34, of Gastonia, N.C.
According to filed court documents and court proceedings filed in Elkins’s case and related cases, the defendants are part of a drug network responsible for trafficking large amounts of methamphetamine and heroin in North Carolina, including in Union County. Over the course of the investigation, law enforcement seized more than five kilograms of methamphetamine, numerous firearms, and cash drug proceeds.
Assistant U.S. Attorneys Jennifer Dillon and Special Assistant U.S. Attorney Erik Lindahl of the U.S. Attorney’s Office in Charlotte are in charge of the prosecution.
Mexican Man Sentenced to Prison for Illegally Returning to the United States Following Prior DeportationRead the Press Release
A Mexican man who illegally returned to the United States was sentenced today to three months in federal prison.
Alberto Garrido-Garrido, age 40, a citizen of Mexico illegally present in the United States and residing in Patch Grove, Wisconsin, received the prison term after a January 11, 2018, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Garrido-Garrido admitted he had previously been deported from the United States on December 26, 2010, and that he illegally reentered the United States without the permission of the United States government. Garrido-Garrido was also granted voluntary returns to Mexico in April 2004 and June 2009. On December 13, 2017, Garrido-Garrido was found by immigration officers at the Clayton County Jail in Elkader, Iowa, where he was serving jail time associated with a November 2007 conviction for operating a motor vehicle while intoxicated. Garrido-Garrido violated the terms of his probation on the 2007 conviction and absconded from supervision in January 2008. Garrido-Garrido had also been convicted of operating a motor vehicle while intoxicated in Winneshiek County in December 2006.
Garrido-Garrido was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Garrido-Garrido was sentenced to 92 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Garrido-Garrido is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-1049.
Follow us on Twitter @USAO_NDIA.
Mescalero Apache Woman Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Kathryn Cojo, 33, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge under a plea agreement with the U.S. Attorney’s Office.
Cojo was arrested in March 2017, on a two-count indictment charging her with assault with a dangerous weapon and assault resulting in serious bodily injury. According to the indictment, Cojo committed the crimes on Nov. 15, 2015, on the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.
During today’s proceedings, Cojo pled guilty to Count 1 of the indictment charging her with assault with a dangerous weapon. In entering the guilty plea, Cojo admitted assaulting a man by striking him with a sharp object in the neck, back and abdomen, and that the victim required stitches and medical attention as the result of the assault. Cojo admitted committing the assault on Nov. 15, 2015, on the Jicarilla Apache Indian Reservation.
At sentencing, Cojo faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Jicarilla Apache Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.
Marshall County man sentenced for drug distribution chargeRead the Press Release
WHEELING, WEST VIRGINIA – Ronald Lee Shaw, of Moundsville, West Virginia, was sentenced today to 33 months incarceration for drug distribution, United States Attorney Bill Powell announced.
Shaw, also known as “Fuzz,” age 46, pled guilty to one count of “Distribution of Cocaine within 1,000 Feet of a Protected Location” in September 2017. Shaw admitted to selling cocaine near Riverview Towers in Wheeling on April 18, 2017.
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The Ohio Valley Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.
March Grand JuryRead the Press Release
United States Attorney Joseph P. Kelly announced the federal Grand Jury for the District of Nebraska has returned 34 indictments charging 37 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Angel Abarca Cuevas, age 41, of Omaha, is charged with illegal reentry after deportation following a felony conviction on or about March 7, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Justin J. Bertschinger, age 38, of Norfolk, Nebraska and Wendy Bertschinger, age 46, of Norfolk, Nebraska are charged in a five-count Indictment. Count I of the Indictment charges Justin with Theft of Government funds from the Social Security Administration (SSA) on or about May, 2010 continuing through February, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a 3 year term of supervised release, and a $100 special assessment. Count II charges Justin with False Statement to SSA on or about September 13, 2013. The maximum possible penalty if convicted is 5 years imprisonment, a 3 year term of supervised released, and a $100 special assessment. Count III charges Justin with fraud or false statement or representation on or about March, 2014. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count IV of the Indictment charges Wendy with fraud or false statement or representation on or about September, 2013. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
Count V of the Indictment charges Justin with fraud or false statement or representation on or about March, 2009. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Sara Marie Boyd, age 35, of Chadron, NE is charged in a two-count Indictment. Count I charges the defendant with conspiracy to distribute less than 50 kilograms of marijuana beginning on or about January, 2018, and continuing to on or about February 14, 2018. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 2 year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to distribute less than 50 kilograms of marijuana on or about February 14, 2018. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 2 year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about February 14, 2018.
* Jesus Corrales, age 64, is charged with illegal reentry after deportation following an aggravated felony conviction on or about March 2, 2018. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Mozamil Mohammed Daud, age 22, of Sioux Falls, South Dakota, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about February 22, 2018. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Ronald Dorn, age 56, of Elgin, Nebraska, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute 50 grams or more of methamphetamine between on or about August 1, 2017 and February 8, 2018. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, NLT a 4 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine on or about February 8, 2018. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, NLT a 4 year term of supervised release, and a $100 special assessment. Count III of the Indictment charges the defendant with using, carrying, or possessing a firearm in connection with a drug trafficking crime on or about February 8, 2018. The maximum possible penalty if convicted is Life consecutive imprisonment, a $250,000 fine, up to a 5 year term of supervised release and $100 special assessment.
* Yosvani Galindo, age 39 of Omaha, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine on or about March 11, 2018. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with felon in possession of a firearm on or about March 11, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, up to a 3 year term of supervised release and $100 special assessment. Count III of the Indictment charges the defendant with using, carrying, or possessing a firearm in connection with a drug trafficking crime on or about March 11, 2018. The maximum possible penalty if convicted is Life consecutive imprisonment, a $250,000 fine, up to a 3 year term of supervised release and $100 special assessment. There is also an allegation to forfeit United States currency seized on or about March 11, 2018.
* Luis Haro, age 43 is charged in a five-count Indictment. Count I of the Indictment charges the defendant with conspiracy with intent to distribute 50 grams or more of methamphetamine (actual) between in or about August, 2017 and continuing to on or about February 12, 2018. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, NLT a 5 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about February 12, 2018. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, NLT a 5 year term of supervised release, and a $100 special assessment. Count III of the Indictment charges the defendant with felon in possession of a firearm on or about February 12, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release and $100 special assessment. Count IV of the Indictment charges the defendant with illegal alien in possession of a firearm on or about February 12, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release and $100 special assessment. Count V of the Indictment charges the defendant with using, carrying, or possessing a firearm in connection with a drug trafficking crime on or about February 12, 2018. The maximum possible penalty if convicted is Life consecutive imprisonment, a $250,000 fine, up to a 5 year term of supervised release and $100 special assessment. There is also an allegation to forfeit United States currency seized on or about February 12, 2018.
* Wilber Mauricio Hernandez-Cortez, a/k/a Kevin Hernandez-Cortez age 21, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with possession of a firearm by an illegal alien on or about January 1, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release and $100 special assessment. Count II of the Indictment charges the defendant with illegal reentry after deportation on or about January 1, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Michael Knapp, age 59, of Brockway, Michigan, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about February 3, 2018. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Sean D. Kramer, age 45 of Prescott, Arizona, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) and marijuana on or about October 2, 2017. The maximum possible penalty if convicted is Life imprisonment, a $20,000,000 fine, NLT a 10 year term of supervised release, and a $100 special assessment.
* Omero Antonio Leon, age 23, of Macy, Nebraska is charged with domestic assault on or about March 15, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Miguel Mariscal Castro, age 55, of Omaha, is charged with illegal reentry after deportation following an aggravated felony conviction on or about March 12, 2018. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Juan Mendez-Perez, a/k/a Jose Alfredo-Jimenez, a/k/a Juan Mendez-Lopez, age 28, of Imperial, Nebraska is charged with illegal reentry after deportation on or about March 4, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Noe Mendoza-Mendoza, age 45, is charged with illegal reentry after deportation following an aggravated felony conviction on or about March, 2018. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Israel Dewayne Mileage, age 26, of Lincoln, Nebraska, is charged with felon in possession of a firearm on or about February 27, 2018. The maximum possible penalty if convicted is NMT 10 years imprisonment, a $250,000 fine, a NMT 3 year term of supervised release, and a $100 special assessment.
* John Nichols, age 53, of Omaha, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute 500 grams or more of methamphetamine beginning on or about October 1, 2017 and continuing to on or about March 2, 2018. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, NLT a 5 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with possession with intent to distribute 500 grams or more of methamphetamine on or about March 2, 2018. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, NLT a 5 year term of supervised release, and a $100 special assessment. Count III of the Indictment charges the defendant with felon in possession of a firearm on or about March 2, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release and $100 special assessment. There is also an allegation to forfeit United States currency seized on or about March 2, 2018.
* Jennifer A. Rosenblatt, age 44, of Overland Park, Kansas is charged in a five Count Indictment with Wire Fraud on or about July 14, 2014 through October 7, 2016. The Indictment alleges Rosenblatt, a Treasurer at Jewish Federation of Lincoln, defrauded JFL causing losses of $38,979.05. The maximum possible penalty if convicted is 20 years imprisonment for each count, a $250,000 fine for each count, a 3 year term of supervised release for each count, and a $100 special assessment for each count.
* Leobardo Sanchez Urbina, age 29, is charged with illegal reentry after deportation on or about February 14, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* David Tarrence, age 62, of Lincoln, Nebraska is charged in a four Count Indictment with Filing False Tax Returns on or about April 15, 2012 through October 14, 2015. The maximum possible penalty if convicted is 3 years imprisonment for each count, a $250,000 fine for each count, a 1 year term of supervised release for each count, and a $100 special assessment for each count.
Madison Man Charged in Large Scale Vehicle Odometer Roll Back SchemeRead the Press Release
Jackson, Miss. - Zachary Longgrear, 29, of Madison, Mississippi, appeared in court yesterday before U.S. Magistrate Judge F. Keith Ball for an initial appearance on a federal criminal complaint charging him with providing false odometer disclosure statements and conspiracy in an odometer roll back scheme of multiple high mileage vehicles, announced U.S. Attorney Mike Hurst and Supervisory Special Agent David W. Sparks with the U.S. Department of Transportation, National Highway Traffic Safety Administration.
According to the criminal complaint and affidavit, for at least the last four years, Zachary Longgrear, along with his father, Mark Longgrear, operating individually and through their company Southern Auto Buyers LLC, bought more than 50 late model, high mileage vehicles from auctions, dealerships, and/or individuals, thereafter illegally altered the odometers of such vehicles to show lower mileage, forged and fraudulently created paperwork to secure new titles showing false lower mileage for these vehicles, and then sold said vehicles directly to individuals and automobile dealerships at much higher prices. Some of the vehicles were sold via internet websites directly to consumers. Other vehicles were sold through employment and wholesale relationships with large Mississippi automobile dealerships in Jackson and Vicksburg, who in turn unknowingly sold them to consumers with this false information.
Violations of Section 32705(a)(2) of Title 49 each carry a penalty of three years in prison and/or a $250,000 fine. The conspiracy charge, 18 U.S.C. § 371, is punishable by 5 years in prison and/or a $250,000 fine.
The case was investigated by United States Department of Transportation, National Highway Traffic Safety Administration, Office of Odometer Fraud Investigation, with assistance from the United States Postal Inspection Service, and the U.S. Marshals Service. It is being prosecuted by Assistant U.S. Attorney Keesha Middleton.
The public is reminded that a criminal complaint is a formal charge against a defendant. It is merely an accusation and each defendant is presumed innocent unless and until proven guilty in a court of law.
Lumberton Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, Chief United States District Judge James C. Dever, III sentenced WILLIAM MARTIN LAWSON, 42, of Lumberton to 120 months of imprisonment followed by 5 years of supervised release.
On August 22, 2017, LAWSON was named in an Indictment charging him with Possession of a Firearm by a Felon. On November 13, 2017, LAWSON, pled guilty to that charge.
On May 16, 2017, deputies from the Robeson County Sheriff’s Office (RCSO) responded to a report of a stolen firearm. When the deputies arrived at the residence, LAWSON’s nephew reported he was asleep in his bedroom when his uncle, woke him to ask for money. The nephew felt that LAWSON was under the influence of some type of drug and refused to give the defendant money. He noticed his .40 caliber handgun located on the bedside nightstand prior to falling back to sleep. The nephew was next awaken by the sound of a vehicle engine and noticed the handgun was no longer on the nightstand. He immediately contacted law enforcement to report the firearm stolen by LAWSON. RCSO deputies were able to locate LAWSON's vehicle and initiated a traffic stop. The defendant was removed from the vehicle and the firearm was recovered from the driver side floorboard. LAWSON has previously been convicted for numerous breaking and entering’s, including stealing a total of 9 firearms during those offenses.
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.
The Robeson County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) conducted the criminal investigation of this case. Assistant United States Attorney Jane J. Jackson handled the prosecution of this case for the government.
Long Beach Man Pleads Guilty to Lying to Federal Grand JuryRead the Press Release
Jackson, Miss. – David Hawthorne, 36, of Long Beach, pled guilty yesterday before U.S. District Judge Henry T. Wingate to making false declarations before a federal grand jury, announced U.S. Attorney Mike Hurst and FBI Special Agent in Charge Christopher Freeze.
On December 8, 2015, Hawthorne appeared before a federal grand jury in Jackson and proceeded to offer false testimony regarding having traveled with another individual to Fort Lauderdale, Florida, for the purpose of purchasing an expensive boat. He testified to the federal grand jury in great detail about this supposed trip with his companion. However, no such trip ever took place. This meant that the bill of sale reflecting the purchase of the boat in south Florida, which was provided by his companion to the FBI, was in fact fraudulent. In pleading guilty, Hawthorne admitted to Judge Wingate that his testimony before the federal grand jury was in fact false.
Hawthorne will be sentenced by Judge Wingate in Jackson on June 8, 2018, at 9:30 a.m. He faces a maximum penalty of five years in prison followed by three years of supervised release and a $250,000 fine.
Hurst praised the investigative work conducted by the Federal Bureau of Investigation, as well as Assistant U.S. Attorney Jay Golden who prosecuted the case.
Local Man Convicted of Multiple Child Exploitation ChargesRead the Press Release
HOUSTON – A 28-year-old man from Channelview has entered a guilty plea to the receipt and possession of child pornography, announced U.S. Attorney Ryan Patrick.
Lucio Banda first came to the attention of law enforcement after they found multiple images of child pornography associated with his online account.
Authorities conducted a search at his residence, at which time they seized Samsung Galaxy Note 3 cellular phone and a San Disk Micro SD Ultra flash drive and a San Disk Ultra Plush flash memory card. Forensic analysis ultimately uncovered 2,191 images and 251 videos contained child pornography which included a substantial number of files with minor females under the age of five. Some of the images are known victims identified through the National Center for Missing and Exploited Children.
At the time of the search, he admitted the child pornography was his as well as the online account he used to obtain child pornography. Today, Banda acknowledged using peer-to-peer software to search for, download and obtain child pornography. He also admitted to viewing child pornography for at least five years and that he had been doing so for at least two to three years.
U.S. District Judge Kenneth Hoyt accepted the plea to day and set sentencing for June 11, 2018. At that time, Banda faces a minimum of five and up to 20 years for the receipt and a maximum of 10 years for possession of child pornography. Each convicted also carries a possible $250,000 maximum fine.
He was permitted to remain on bond pending that hearing.
The FBI conducted the investigation.
Assistant U.S. Attorney Julie N. Searle is prosecuting the case which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Local Man Charged with Hate Crime in Attack Outside Cincinnati RestaurantRead the Press Release
CINCINNATI – A federal grand jury has charged Izmir Koch, 32, of Huber Heights, with violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act in an indictment unsealed today.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the charges.
According to the indictment, on February 4, 2017, Koch was outside a Cincinnati restaurant with others when he allegedly yelled out asking if anyone outside the restaurant was Jewish.
A victim responded that he was Jewish and it is alleged that Koch then ran to the victim and punched him in the head. When the victim fell to the ground, Koch and others continued hitting and kicking him.
The victim sustained injuries from the attack, including rib contusions and a fracture of his orbital floor.
Koch was charged with one count of committing a hate crime, which is punishable by up to 10 years in prison. He was arrested this morning and appeared before U.S. Magistrate Judge Stephanie K. Bowman at 1:30pm.
“Physically attacking someone because you think he’s Jewish—or Christian or Muslim or any other religion—is a federal crime,” said U.S. Attorney Glassman. “This office prosecutes hate crimes.”
U.S. Attorney Glassman commended the investigation of this case by the FBI, as well as Assistant United States Attorney Megan Gaffney and Trial Attorney Gabriel Davis of the Civil Rights Division of the Department of Justice, who are prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
# # #
Lexington Man Pleads Guilty to Trafficking in Fentanyl and Possession of Firearms in Furtherance of Drug TraffickingRead the Press Release
LEXINGTON, Ky. — Melvin T. Mahone, Jr., age 30, of Lexington Ky., pleaded guilty today to possession with the intent to distribute more than 40 grams of fentanyl and to possessing firearms in furtherance of the distribution of fentanyl.
In the course of his guilty plea, Mahone admitted to living in a house on American Avenue in Lexington on October 20, 2016, when members of the Lexington Police Department executed a search warrant. Mahone was found to be in possession of 60.6 grams of fentanyl, which he intended to sell to street level users. Fentanyl is a highly addictive and dangerous drug that has been responsible for many of overdose deaths in Kentucky over the past two years.
During the course of the guilty plea, Mahone also admitted to the possession of a loaded .38 caliber revolver and a loaded .22 caliber semi-automatic assault type rifle. These two firearms were found in close proximity to Mahone. Mahone acknowledged that the firearms were used in furtherance of the distribution of fentanyl. Mahone also admitted that he had previously been convicted of the federal drug trafficking felony of conspiracy to distribute oxycodone in 2008. Mahone was indicted by a grand jury in April of 2017.
Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky, Chief Lawrence Weathers, Lexington Police Department and Stuart Lowery, Special Agent in Charge, Alcohol tobacco and Firearms, jointly made the announcement today after Mahone entered his guilty plea.
The investigation was conducted by Lexington Police Department and the ATF. The United States was represented in the case by Assistant United States Attorney Roger W. West.
Mahone is currently scheduled to appear for sentencing before United States District Court Chief Judge Karen K. Caldwell in Lexington on June 26, 2018, at 11:00 a.m. Mahone faces a mandatory minimum prison sentence of 15 years.
This case were prosecuted as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Lehigh Acres Man Pleads Guilty to Multiple Gun and Drug ChargesRead the Press Release
Fort Myers, Florida – Alejo Guerrero (36, Lehigh Acres) today pleaded guilty to 12 felony charges related to the armed trafficking of cocaine and his possession and sale of firearms. Guerrero, who has previously been convicted of robbery and burglary charges, faces a maximum penalty of life in federal prison.
According to court documents, federal and state authorities conducted multiple operations in 2016 and 2017, during which Guerrero sold cocaine and firearms, including an AK-47, to an informant. On October 13, 2017, agents executed a search warrant at Guerrero’s residence. Inside the home, they found Guerrero, along with his girlfriend and an infant child, a stash of cocaine, thousands of dollars in cash, a bulletproof vest, a .357 revolver, and an empty safe. The key for the safe was located next to the toilet.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Lee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Michael V. Leeman.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Leaders of Taos County-Based Drug Trafficking and Money Laundering Ring Sentenced to PrisonRead the Press Release
ALBUQUERQUE – The leaders of a Taos County-based drug trafficking organization were sentenced yesterday to lengthy terms of incarceration for convictions on heroin trafficking and firearms charges arising out of a DEA-led multi-agency investigation. Ivan Romero, 41, of El Prado, N.M., was sentenced to 130 months of imprisonment followed by five years of supervised release, while his brother, Ricco Romero, 28, of Taos, N.M., was sentenced to 120 months of imprisonment followed by five years of supervised release. Each of the defendants was ordered to forfeit $448,590 in cash, and Rico Romero also was ordered to forfeit two firearms. Additionally, each defendant was ordered to pay $15,000 in community restitution.
Ivan Romero, Ricco Romero, and six co-defendants initially were charged with methamphetamine trafficking, heroin trafficking and money laundering offenses in an eight-count indictment filed in Dec. 2015. The indictment was superseded in Feb. 2016 to add another defendant, Elena Carabajal, 27, of El Prado, and five additional charges. The superseding indictment charged Ivan Romero, Ricco Romero and seven co-defendants with conspiring to distribute heroin and methamphetamine from at least June 2012 through Dec. 2015. It also charged Ivan Romero, Ricco Romero, Melissa Romero, 38, of El Prado, and Wilma Romero, 67, of Taos, with conspiring to launder heroin trafficking proceeds. The superseding indictment also included substantive heroin trafficking charges against several of the defendants as well as provisions seeking forfeiture to the United States of all assets and property derived, either directly or indirectly, from proceeds obtained from the criminal activities charged.
Ivan Romero and Ricco Romero both entered guilty pleas on Dec. 5, 2016. Both men admitted participating in a heroin trafficking conspiracy and a money laundering conspiracy, and Ricco Romero also admitted possessing firearms in furtherance of his drug trafficking activities. According to the admissions contained in their plea agreements and other court filings, Ivan Romero was the leader of a heroin trafficking organization based in Taos County. Ivan Romero and Ricco Romero were responsible for purchasing quantities of heroin from suppliers in Albuquerque and Los Lunas, N.M. Other members of the organization acted as couriers and regularly transported large quantities of heroin to Ivan Romero and Ricco Romero in Taos County. Upon receiving the bulk heroin, Ivan Romero and Ricco Romero prepared the heroin for distribution by mixing or “cutting” it with other substances, repackaged it in smaller portions, and distributed it both directly and through a network of other drug dealers. Juanita Romero, 36, of Chamisa, N.M., was one such dealer who distributed heroin in and around Penasco.
In April 2015, law enforcement officers executed a state search warrant at Ivan Romero’s residence where they seized drug paraphernalia, 461 grams of marijuana, 30 grams of hashish, more than 300 grams of heroin, and $64,920 in cash. Ivan Romero was arrested on state charges that day, and Ricco Romero assumed a greater managerial role in the heroin trafficking organization at that time.
Following Ivan Romero’s arrest on April 2, 2015, a state court set his bond at $90,000. Wilma Romero, Ricco Romero and Melissa Romero conspired to launder $90,000 in heroin proceeds to post that bond and secure Ivan Romero’s release from state custody. Ivan Romero soon violated the conditions of his release, was remanded back to state custody and a second bond was set at $150,000. In May 2015, Wilma Romero, Ricco Romero and Melissa Romero again conspired to launder an additional $150,000 in heroin proceeds to post that bond
On June 29, 2015, law enforcement agents executed a federal search warrant at Wilma Romero’s residence. In the course of that search, agents seized approximately 97.5 grams of heroin, a small amount of marijuana, drug paraphernalia, $73,288, and gold coins.
On Nov. 17, 2015 and Dec. 1, 2015, Ricco Romero distributed heroin to an individual working with law enforcement agents. Thereafter, on Dec. 18, 2015, law enforcement agents obtained and executed a federal search warrant at Ricco Romero and Carabajal’s residence and at another residence where Ricco Romero and Carabajal maintained a safe. During those searches, agents seized 96.8 grams of heroin, $70,562 in cash, and two firearms.
Ivan and Ricco Romero’s seven co-defendants have all entered guilty pleas:
- Nicholas Baca, 31, of Cerro, N.M., pled guilty in Feb. 2017, to participating in a heroin trafficking conspiracy, and was sentenced on June 14, 2017, to time served followed by five years of supervised release;
- Juanita Romero, 36, of Chamisa, N.M., pled guilty in Feb. 2017, to participating in a heroin trafficking conspiracy, and was sentenced on June 14, 2017, to time served followed by five years of supervised release;
- Melissa Romero pled guilty in Dec. 2016, to participating in the money laundering conspiracy, and was sentenced on June 14, 2017, to three years of probation;
- Elena Carabajal pled guilty in Jan. 2017, to possession of heroin with intent to distribute, and was sentenced on June 13, 2017, to a year and a day in prison followed by five years of supervised release; and
- Wilma Romero, pled guilty in Jan. 2017, to participating in the money laundering conspiracy and possessing heroin with intent to distribute, and was sentenced on Nov. 9, 2017 to 24 months in prison followed by five years of supervised release.
- Tyler Baker, 36, of Albuquerque, N.M., pled guilty in Oct. 2016 to participating in the heroin trafficking conspiracy;
- Jason Duran. 43, of Albuquerque, pled guilty in Dec. 2017, to participating in the heroin trafficking conspiracy. Under the terms of his plea agreement, Duran will be sentenced to a maximum of 100 months in federal prison.
The investigation leading to the indictment was conducted by the Albuquerque office of the DEA, the HIDTA Region III Drug Task Force, New Mexico State Police, Taos Police Department, Taos County Sheriff’s Office and the Bureau of Alcohol Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Timothy S. Vasquez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Law Enforcement Hosts Faith-Based Security SummitRead the Press Release
The U.S. Attorney’s Office for the Middle District of Louisiana, Federal Bureau of Investigation, U.S. Department of Homeland Security, Anti-Defamation League, and Louisiana State University Police Department hosted a Faith-Based Security Summit yesterday for faith-based leaders and their security teams.
U.S. Attorney Brandon J. Fremin stated, “We stand ready to assist community leaders to help ensure the safety and security of our houses of worship. It is important that everyone feels secure whenever visiting a house of worship.”
Approximately 130 leaders from faith-based communities across Louisiana attended the symposium that was held at LSU’s Dalton J. Woods Auditorium in Baton Rouge, Louisiana.
The symposium provided attendees with active shooter threat awareness, information to deter such threats, information for development and implementation of security and emergency action plans, information sharing, and risk assessment. Presentations included topics such as human violence, pathway to violence, empowering bystanders to report suspicious behaviors, pre-offense indicators of active shooters, initial steps in creating active shooter preparedness plans and responses, and available resources.
Las Cruces Man Sentenced to More Than 15 Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Ricky Joe Garcia, 53, of Las Cruces, N.M., was sentenced today in federal court to 184 months in prison followed by a lifetime of supervised release for his methamphetamine trafficking conviction and a supervised release violation.
Garcia and co-defendants Kenneth Matthew Adame, 25, and Christopher Michael Sanchez, 25, both of Las Cruces, were arrested in April 2017, and were charged by criminal complaint with participating in a methamphetamine trafficking conspiracy on April 10, 2017, in Dona Ana County, N.M. According to the complaint, on that day, Adame, Garcia and Sanchez sold approximately 497.22 grams of methamphetamine to undercover law enforcement agents.
On Aug. 2, 2017, Garcia pled guilty to a two-count felony information charging him with conspiracy and possession of methamphetamine with intent to distribute. In entering the guilty plea, Garcia admitted that in April 2017, he entered into an agreement with his co-defendants to sell methamphetamine to another person. Garcia further admitted that on April 10, 2017, he sold approximately 497 grams of methamphetamine to an undercover law enforcement agent. During today’s sentencing hearing, Garcia also admitted to violating his conditions of release by committing another federal crime.
Adame pled guilty to methamphetamine trafficking charges on June 21, 2017, and was sentenced on Feb. 14, 2018, to 60 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction. Sanchez pled guilty to methamphetamine trafficking charges on July 19, 2017, and was sentenced on Nov. 27, 2017, to 60 months in federal prison followed by four years of supervised release.
This case was investigated by the Border Enforcement Security Taskforce of Homeland Security Investigations and the HIDTA Region VII Drug Task Force, a multi-agency task force that conducts long term investigations targeting regional, national and international drug trafficking organizations that operate in Luna, Hidalgo and Grant counties and follow-up on cases resulting from U.S. Border Patrol and New Mexico State Police interdiction efforts. The case is being prosecuted by Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office.
The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Kevin Folse Sentenced to Thirty Years for Conviction on Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – This afternoon, U.S. District Judge James O. Browning sentenced Kevin Folse, 32, of Albuquerque, N.M., to 360 months of imprisonment followed by five years of supervised release for his conviction on carjacking and firearms charges. The sentence was announced by U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief of Police Michael Geier of the Albuquerque Police Department (APD).
Folse, a career criminal whose conviction history includes prior felony convictions for receiving or transferring a stolen vehicle, marijuana trafficking, aggravated battery with a deadly weapon, and being a felon in possession of a firearm, was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of removing them from communities in New Mexico for as long as possible.
In announcing the sentence, U.S. Attorney Anderson said, “The violent criminal conduct that has been the hallmark of Kevin Folse’s career threatens the safety of all citizens. My Office will not hesitate to act to protect our families and neighborhoods from repeat violent offenders like Mr. Folse.”
“This is a textbook example of good solid police work and the value of law enforcement partnerships. I wish to commend the work of the ATF agents, the Albuquerque Police Department and the U.S. Attorney in bringing this career criminal to justice,” stated ATF Special Agent in Charge Durastanti.
“It is critically important that we hold career criminals accountable for their actions, especially those with no regard for the safety of law-abiding citizens,” said APD Chief Geier. ‘We are thankful to our law enforcement partners who helped to bring justice in this case and successfully prosecute a dangerous criminal.”
Folse initially was charged on July 6, 2015, by criminal complaint with being a felon in possession of a firearm and ammunition. Folse subsequently was indicted on July 14, 2015, and was charged with being a felon in possession of a firearm, carjacking, and brandishing a firearm during a crime of violence. Folse was prohibited from possessing firearms or ammunition because of his status as a convicted felon. A superseding indictment was filed on Sept. 10, 2015, charging Folse with a second carjacking on July 2, 2015, and with using a firearm to commit that crime. This second firearms charge was subsequently dismissed on the United States’ motion.
Trial of Folse on the superseding indictment began on Oct. 5, 2015, and concluded on Oct. 8, 2015, when the jury returned a guilty verdict against Folse on all the four charges against him. The evidence at trial established that Folse committed the first carjacking around 11:00 a.m. on July 2, 2015, in an effort to evade APD officers who were trying to locate him as part of a stolen vehicle investigation. Earlier that morning, while APD officers were conducting surveillance on a house in which they believed Folse to be staying, they caught the attention of a man who was in the house and asked him to open the front door.
When the man went to the door, he encountered Folse, who was in the house without the man’s knowledge. Folse, who was armed with a gun and a knife, forced the man into a room where he was holding several others hostage. During the hostage situation, Folse threatened to stab one hostage and struck another on the head with a glass object that shattered. When the man did not open the door and without definitive information as to whether Folse was in the house, the officers retreated from the area immediately around the house.
Around 11:00 a.m., Folse left the house, and forced the man and another hostage to accompany him as they left the area in the man’s car. APD officers responded to the scene as Folse aggressively drove away at a high rate of speed with the two hostages in the car. While driving, Folse threw a gun out of the window. Thereafter Folse lost control of the car and crashed as he tried to negotiate a curve at a high rate of speed in a residential neighborhood. The car rolled and landed on its roof. Folse fled from the car leaving the two hostages behind.
Five minutes after the crash, Folse approached a car that was warming up in the driveway of a house. There was no driver in the car, but a 13-year-old boy was in the passenger seat. Folse threatened the boy telling him that he had three seconds to get out of the car. The boy complied by jumping out of the car but was struck by the car door as Folse backed out of the driveway to make his escape. Folse drove off aggressively and at a high rate of speed, and APD officers who were in pursuit had to end their pursuit of Folse so as not to endanger other motorists. Folse was arrested in the late night hours of July 3, 2015, by officers of the Isleta Pueblo Tribal Police Department.
This case was investigated by the ATF office in Albuquerque and APD with assistance from the Isleta Pueblo Tribal Police Department and the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorneys Samuel A. Hurtado and Paul Mysliwiec prosecuted the case.
Justice Department Files Sexual Harassment Lawsuit Against Owners of Cincinnati Rental PropertiesRead the Press Release
The Justice Department today announced that it has filed a lawsuit against John and Susan Klosterman alleging that female tenants in the Klostermans’ residential rental properties in Cincinnati, Ohio, were subjected to sexual harassment, coercion, intimidation, and threats in violation of the federal Fair Housing Act. Each of the defendants owns or manages properties where the illegal conduct occurred.
Today’s lawsuit alleges that John Klosterman sexually harassed female residents at the rental properties from at least 2013 through the present. According to the complaint, he engaged in harassment that included, among other things, making unwelcome sexual advances and comments, engaging in unwanted sexual touching, offering to reduce rent and overlooking or excusing late or unpaid rent in exchange for sex, evicting or threatening to evict female tenants who objected to or refused sexual advances, and entering the homes of female tenants without their consent. The lawsuit further alleges that Susan Klosterman is liable under the Fair Housing Act because John Klosterman managed the rental properties on her behalf when he engaged in the harassment, coercion, intimidation, and threats.
“No woman should have to endure sexual harassment in order to remain in her home,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “Sexual harassment in housing is unacceptable and illegal, and landlords should be on notice that the Justice Department will continue to vigorously enforce the Fair Housing Act to combat this type of discrimination and to obtain relief for victims.”
“Fair housing is fundamental,” said U.S. Attorney Benjamin Glassman. “No one should have to experience a landlord’s pervasive sexual harassment. That’s not only wrong, but also illegal under federal law. This office is committed to vigorously enforcing the protections guaranteed by the Fair Housing Act.”
In October 2017, the Justice Department’s Civil Rights Division announced the Sexual Harassment in Housing Initiative. The Initiative specifically seeks to increase the Department’s efforts to protect individuals from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners.
The Justice Department has filed or settled eight sexual harassment cases since Jan. 20, 2017, and has recovered over $1.6 million for victims of sexual harassment in housing.
Today’s lawsuit seeks monetary damages to compensate the victims, civil penalties and a court order barring future discrimination. The complaint contains allegations of unlawful conduct. The allegations must be proven in federal court.
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or operated by John or Susan Klosterman, or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line:
- English language: Call 1-800-896-7743, then press 1 to continue in English and select mailbox 9992 to leave a message; or
- Spanish language: Call 1-800-896-7743, then press 2 to continue in Spanish and select mailbox 6 to leave a message.
Individuals can also report sexual harassment and other forms of housing discrimination by e-mailing the Justice Department at [email protected].
- English language: Call 1-800-896-7743, then press 1 to continue in English and select mailbox 9992 to leave a message; or
Jefferson County Felon Sentenced to 17 ½ Years for Firearms ViolationsRead the Press Release
BEAUMONT, Texas – A 35-year-old Beaumont, Texas man has been sentenced to federal prison for firearms violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Michael Anthony Victoria pleaded guilty on Nov. 9, 2017, to being a felon in possession of a firearm and was sentenced to 210 months in federal prison today by U.S. District Judge Marcia Crone.
According to information presented in court, on Dec. 10, 2016, Victoria was arrested and charged with being a felon in possession of a firearm and ammunition. As a convicted felon, Victoria is prohibited by federal law from owning or possessing firearms or ammunition. Victoria was indicted by a federal grand jury on July 6, 2017 and charged with federal firearms violations.
This case was prosecuted as part of the Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Jefferson City Man Sentenced to 25 Years for MethRead the Press Release
KANSAS CITY, Mo. – A Jefferson City, Mo., was sentenced in federal court today for possessing methamphetamine that was found in the trunk of his car after it stalled at an intersection in Grandview, Mo.
Michael A. Green, 57, of Jefferson City, was sentenced by U.S. Chief District Judge Greg Kays to 25 years and 10 months in federal prison without parole. Green was sentenced as a career offender due to his prior criminal convictions.
On Aug. 23, 2017 (the day his trial was scheduled to begin), Green pleaded guilty to possessing methamphetamine with the intent to distribute.
Green admitted that he was behind the wheel of a vehicle parked at an intersection of a city street in Grandview. The vehicle was not running and had its hood up. Grandview police officers decided to tow the vehicle and therefore conducted an inventory search before the towing. During the search of the vehicle’s trunk, officers discovered a shoebox that contained more than 400 grams of methamphetamine.
This case was prosecuted by Assistant U.S. Attorney D. Michael Green. It was investigated by the Grandview, Mo., Police Department and the Jackson County Drug Task Force.
Indianapolis man found guilty of committing several eastside pharmacy robberiesRead the Press Release
Used a firearm while committing robberies
PRESS RELEASE
Indianapolis-United States Attorney Josh Minkler announced today that an Indianapolis man has been found guilty in federal court on three counts of robbery and four firearm’s related charges. Dexter Fisher, age 33, was found guilty before U.S. District Judge Jane Magnus-Stinson after a two-day jury trial.
This case is the result of a joint investigation by the Indianapolis Metropolitan Police Department’s serial robbery unit and the FBI’s Violent Crimes Task Force into a series of pharmacy robberies that occurred along and near Shadeland Avenue on the east and northeast side of Indianapolis between in August and September of 2014. Each robbery had a similar modus operandi wherein the robbery suspect would linger in the store until the pharmacy counter was unoccupied, the robber would then jump the pharmacy counter, brandish a loaded firearm at pharmacy staff, and demand opioids from the business.
On October 29, 2014, IMPD responded to a call from employees of the CVS at 5925 East 71st street reporting a suspicious person in the store who the employees believed had been involved in a prior pharmacy robbery. When IMPD officers responded and made contact with the suspicious individual, later identified as Dex (a/k/a Dexter) Fisher, Fisher became agitated, pushed a shopping cart into the responding officer and fled the store through an emergency exit. As Fisher fled the store he reached into his waistband and pulled out a semi-automatic handgun.
Fisher was arrested in a nearby neighborhood along 71st street after a brief chase and search. A loaded, Smith & Wesson, 9 millimeter handgun and a number of clothing items were recovered along the path of Fisher’s flight. The clothing, handgun, and Fisher’s fingerprints were subsequently linked to a number of pharmacy robberies, including: the Walgreens at 7506 North Shadeland Avenue on August 4, 2014; the CVS at 6975 Pendleton Pike on August 18, 2014; and the CVS at 1530 North Shadeland Avenue on September 9, 2014. Testimony during the trial revealed that, at the time of the robbery spree, Fisher was living at a residence near 52nd and Shadeland Avenue. Additionally, it was later determined that Fisher was out on bond and facing drug dealing charges in Marion County at the time of the robbery spree. Fisher pled guilty to those drug charges following his arrest on October 29, 2014.
“My hope is that individuals who terrorize our neighborhoods using firearms and other means of violence get the message that federal law enforcement is watching closely,” said Minkler. “Those who continue this behavior will feel the full hammer of federal prosecution and become better acquainted with the Bureau of Prisons.”
“This individual endangered innocent people in his violent quest to steal the most commonly abused prescription substances in our communities," said Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division. “We will continue to work with our partners to pursue those who commit these violent crimes and take them off the streets.”
“Because of investigative and collaborative enforcement efforts, significant strides have been made to reduce the number of pharmacy robberies within Marion County,” said Chief Bryan Roach. “Coordination with our federal partners continues to yield significant gains and sends a strong message of enforcement and eventual prosecution.”
This case was prosecuted by Assistant United States Attorneys’ Bradley Shepard and Matthew Rinka. According to the attorneys, Fisher faces a mandatory minimum fifty-seven year prison sentence and a maximum sentence of life imprisonment. No sentencing date has been set.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to use partnerships with law enforcement agencies to prosecute individuals who commit crimes involving firearms and robbery. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.3.
###
Houma Man Sentenced to over 19 Years in Prison for Meth ChargesRead the Press Release
U.S. Attorney Duane A. Evans announced that DARNOLD TROY DEVILLE, age 50, of Houma, was sentenced yesterday for charges relating to narcotics trafficking.
DEVILLE pled guilty on November 8, 2016, to conspiring to distribute and to possess with the intent to distribute 500 grams or more of methamphetamine. According to court documents, in January 2015, DEA agents began investigating a drug-trafficking organization based in Terrebonne Parish, Louisiana, which obtained methamphetamine through sources of supply in Texas and in California, including through the mail. Upon DEVILLE’s arrest on December 10, 2015, DEVILLE was in possession of 84 grams of methamphetamine and a digital scale.
Judge Jay C. Zainey sentenced DEVILLE to 235 months in the Bureau of Prisons, as well as ten years of supervised release following the term of imprisonment.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration and the Terrebonne Parish Sheriff’s Office. Assistant U.S. Attorneys James S. C. Baehr, Nicholas D. Moses, and André Jones are in charge of the prosecution.
Honduras Man Convicted Entering the U.S. After RemovalRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Mario Ernesto Garcia-Zavala, 22, a citizen of Honduras, was convicted today following non-jury trial in U.S. District Court of having entered the United States after being removed or deported.
The evidence at trial showed that Garcia-Zavala, who had unlawfully entered the United States, was ordered removed to Honduras on March 29, 2014 and was in fact removed on a government airplane four days later. Garcia-Zavala did not apply for permission to reenter the United States. He was arrested in Portland on September 9, 2017 after a Maine State Trooper stopped the van in which he was a passenger for traffic violations.
Garcia-Zavala faces up to two years in prison, a $250,000 fine, and two years of supervised release. He will be sentenced after the United States Probation Office prepares a presentence report. It is expected that Garcia-Zavala will be returned to Honduras after his sentence is completed.
The investigation was conducted by the Department of Homeland Security, Office of Removal Operations and the Maine State Police.
Holyoke Man Sentenced for Illegal Firearms PossessionRead the Press Release
BOSTON – A Holyoke man was sentenced yesterday in federal court in Springfield for illegally possessing firearms.
Francisco Figueroa, 33, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 35 months in prison and three years of supervised release. In June 2016, Figueroa pleaded guilty to one count of being a felon in possession of firearms and ammunition. In November 2015, Figueroa and his co-defendant, Eric Lopez, were arrested and charged.
Figueroa and Lopez were arrested as part of an investigation into firearms and narcotics trafficking by members of the Springfield and Holyoke chapters of the Latin Kings. In total, 11 members and leaders were arrested as part of the investigation.
Figueroa is prohibited from possessing firearms and ammunition due to a prior criminal conviction. On Nov. 12, 2014, Figueroa possessed a Zastava, model SKS (M59/66A1), 7.62mm rifle and a CZ, model CZ527M Carbine, 7.62mm rifle.
In June 2016, Lopez pleaded guilty to illegally possessing firearms and ammunition. He was sentenced on March 15, 2018, to 114 months in prison.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Springfield Police Commissioner John Barbieri made the announcement. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office prosecuted the case.
Gayle Sicard Shapiro Green Sentenced to Serve Sixteen Months in Prison for Mail Fraud and Money LaunderingRead the Press Release
GREENEVILLE, Tenn. – On March 21, 2017, Gayle Sicard Shapiro Green, 65, of Greeneville Tennessee, was sentenced by the Honorable J. Ronnie Greer, U.S. District Court Judge, to serve 16 months in federal prison for mail fraud and money laundering. Green was the former Greeneville City Schools Director of Finance and volunteer treasurer for both the Tennessee Basketry Association and the Greater Kingsport Kennel Club.
Upon her release from prison, U.S. Probation will supervise Green for three years. Additionally, she was ordered to pay $116,309 in restitution to the victims of her crime.
Green pleaded guilty in September 2017 and admitted that while serving as volunteer treasurer for the Greater Kingsport Kennel Club and the Tennessee Basketry Association she stole and converted to her own use $116,309.00. The money was stolen over a 10-year period using various methods including fraudulently withdrawing and transferring funds and skimming cash from sponsored events. She concealed her thefts by providing false financial statements, forged audits, and forged financial reviews. The stolen money should have gone to community service projects including scholarships at the University of Tennessee College of Veterinary Medicine and angel baskets, which are provided by the Tennessee Basketry Association, through the hospital, to families of deceased infants to transport the infant’s body from the hospital to a funeral home.
This case was investigated by the FBI. Assistant U.S. Attorney Helen Smith represented the United States.
###
Fraudulent car dealer sentenced for aggravated identity theft and wire fraud conspiracyRead the Press Release
ATLANTA - Farran S. Campbell has been sentenced to four years and three months in federal prison for aggravated identity theft and conspiracy to commit wire fraud. As part of his fraud and deception, Campbell stole identities, took out fraudulent loans, claimed automobiles were for sale that he never possessed, and even claimed he was a physician.
“Campbell knew no limits on how far he would go to commit fraud, even committing it while charged with other crimes,” said U.S. Attorney Byung J. “BJay” Pak. “This defendant was especially conniving as he set up bogus businesses in the names of his victims, and then used those businesses to commit his loan fraud. With each new criminal who thinks they have developed a way to defraud, law enforcement is developing new techniques to catch them.”
“The sentence highlights the seriousness of the defendant’s conduct,” said Thomas J. Holloman, III, Special Agent in Charge, IRS Criminal Investigation. “If you steal someone’s identity and knowingly use it to commit financial fraud, you will be sentenced to a minimum of 2 years in prison. Identity theft is a pervasive problem in our country and IRS-CI will continue to make these cases an investigative priority when they involve the filing of false refund claims and other related financial frauds.”
According to U.S. Attorney Pak, the charges and other information presented in court: Farran Campbell carried out a loan fraud scheme involving fake car dealerships and aggravated identity theft. Campbell incorporated car dealerships under state law, using stolen identities. He then used the newly organized car dealerships to apply for lines of credit from commercial lenders who specialize in “floor plan” loans to car dealers, specifically loans purportedly collateralized by the car dealer’s inventory.
Eventually, Campbell would default on the lines of credit. The lenders were unable to repossess the vehicles purportedly collateralizing the loan, which were often cars whose vehicle identification numbers Campbell had simply harvested from the Internet, without actually owning or possessing those vehicles. Campbell went so far as to have a criminal associate prepare a fake tax return in the name of one of his identity theft victims. The tax return, which was never filed with the IRS, showed substantial income and assets, and appears to have been created for the sole purpose of being provided to a lender as part of a fraudulent application for credit.
In 2014, Campbell set up a car dealership called Campbell’s Cars, LLC, using the stolen identity of O.C., a Georgia resident who had good credit, but no connection to Campbell or the business. Campbell then used the new car dealership entity and O.C.’s good credit to obtain a loan from a commercial lender. The lender was unable to recover its losses by repossessing the cars that were supposedly collateralizing the loan, and eventually sued O.C. to collect the debt.
On March 31, 2017, while Campbell was on bond in another federal case, agents executed search warrants at Campbell’s home and business. These searches caught Campbell “red-handed,” in the process of carrying out the same fraud scheme with a new lender and two new identity theft victims. At Campbell’s workplace, agents discovered a fake ID in the name of one of Campbell’s previous identity theft victims.
At Campbell’s home, agents discovered a complete loan package ready to be mailed to the lender from a new fake car dealership named Launch Auto Sales, more fake IDs in the names of two new identity theft victims, and pieces of paper on which Campbell had been practicing the signatures of the victims repetitively. Shortly thereafter, Campbell’s bond was revoked and he has been in custody since April 2017.
During the case, Campbell repeatedly claimed to be a physician, even though he is not. As part of this deception, Campbell had the same criminal associate prepare a fake income tax return for him claiming income from a local hospital and showing employment as a physician. This tax return was never filed with the IRS, and appears to have been intended to help Campbell get approved for a rental home. Campbell also swore out a false affidavit, which he provided to a DeKalb County Assistant District Attorney, in which he falsely claimed to be a licensed neurologist. The affidavit was submitted to the DeKalb County prosecutor as part of an unsuccessful attempt to convince that official to dismiss a car theft case pending against a friend of Campbell’s.
On May 8, 2017, Campbell entered a negotiated plea of guilty to a criminal information charging aggravated identity theft and conspiracy to commit wire fraud. Campbell admitted that, from at least June 2014 through September 2014, he had conspired with others to commit wire fraud victimizing the commercial lender, and that he had also committed aggravated identity theft by using the identity of O.C. to apply for credit from the lender.
Farran S. Campbell, 32, of Brookhaven, Georgia, was sentenced on Tuesday March 20, 2018, by U.S. District Judge Eleanor L. Ross, to four years, three months in prison to be followed by three years of supervised release, and ordered him to pay restitution in the amount of $31,724.70.
This case was investigated by the Internal Revenue Service, Criminal Investigation, and the U.S. Secret Service.
Assistant U.S. Attorney Alana R. Black prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Four Defendants Sentenced in Connection with Federal Gun CrimesRead the Press Release
CHARLESTON, W.Va. -- Four defendants were sentenced to federal prison today on firearm possession and theft charges, announced United States Attorney Mike Stuart. Justin Keith Branham, of Alum Creek, pled guilty to being a felon in possession of a firearm; Joshua Wade Sheets, of Danville, pled guilty to possessing and transferring stolen firearms; and Alisha Marie Esque, of Julian, and Jason Allen Davis, of Van, pled guilty to stealing firearms from a federally licensed firearms dealer. For their crimes, Branham was sentenced to 72 months in federal prison, while Sheets, Esque, and Davis were sentenced to 15, 18, and 12 months, respectively. United States Attorney Mike Stuart praised the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Boone County Sheriff’s Department, the West Virginia State Police, the Department of Homeland Security and the General Services Administration, Office of Inspector General.
On the night of November 4, 2016, Branham stole a vehicle from a Mine Safety and Health Administration facility located in Madison, West Virginia. He and Esque then drove to a local federally-licensed gun dealership, where Esque served as a lookout while Branham stole approximately 13 pistols, assault rifles, and shotguns. Sheets helped Branham sell the majority of the stolen weapons in Kanawha County, West Virginia. Following that sale, Branham advised Sheets and Davis how they could break into the dealer’s place of business and steal more firearms. Branham then assisted Sheets in stealing a second vehicle from the MSHA facility. On the night of November 5 or 6, 2016, Davis stood watch while Sheets – following Braham’s guidance – entered the dealer’s building and stole 14 guns. Davis fled the scene before the burglary was complete, but Branham arrived and assisted Sheets in transporting the guns to a Cross Lanes motel. Sheets, Branham, and Esque were tracked down and arrested at that motel on November 7, 2016, and Davis was arrested in Danville the following day. Branham is prohibited from possessing any firearms under federal law because of a 2013 felony conviction in Kanawha County, West Virginia, for burglary by breaking and entering.
“These gun thieves, who in turn sold the stolen guns, jeopardized the safety of our law abiding citizens and law enforcement. And we’re not going to tolerate that,” said United States Attorney Mike Stuart. “We will prosecute criminals who violate our gun laws to the fullest extent of the law in order to protect the public and our Second Amendment rights,” continued Stuart.
“We will aggressively investigate, identify and bring to justice those who endanger the public through illegal firearms trafficking,” said Stuart Lowrey, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Louisville Division. “These defendants disrupted lawful commerce in firearms and then diverted stolen guns into the illicit market without regard for future violent crimes that might be committed. This case reflects the commitment among law enforcement agencies and the U.S. Attorney’s Office to reduce violent crime in West Virginia.”
Assistant United States Attorney Matt Davis was in charge of the prosecution. United States District Judge John T. Copenhaver, Jr., handed down the sentences.
This case was prosecuted as part of Project Safe Neighborhoods, a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Fort Myers Couple Sentenced to Prison for Conspiring to Distribute over 17 Kilograms of CocaineRead the Press Release
Fort Myers, Florida – U.S. District Judge Sherri Polster Chappell has sentenced Jose Nunez (66) and Sila Nunez (62), both of Fort Myers, to 11 years and 7 years in federal prison, respectively, for conspiracy to distribute more than 17 kilograms of cocaine. The couple pleaded guilty in November 2017.
According to court documents, an undercover DEA agent purchased an ounce of cocaine from Jose Nunez on two occasions in late 2016 and early 2017. After the second transaction, his wife, Sila Nunez, told the agent that they could do bigger deals in the future, up to a “kilo” in weight. Further investigation revealed that Jose and Sila Nunez were large-scale drug traffickers with direct ties to a Mexican drug cartel. Between October 2016 and July 2017, the couple received four multi-kilogram shipments of cocaine from the cartel, via drug couriers, and returned hundreds of thousands of dollars in cash to the cartel. On July 26, 2017, agents searched the couple’s Fort Myers home and seized a stash of cocaine and more than $10,000 in drug proceeds.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Michael V. Leeman.
Former Senior UAW Official Charged with Accepting Prohibited Payments from Fiat Chrysler AutomobilesRead the Press Release
A superseding indictment was unsealed today charging former UAW official Nancy A. Johnson, 57, of Macomb, Michigan, with criminal violations of the Labor Management Relations Act, announced United States Attorney Matthew Schneider. Between 2014 and 2016, Johnson held the second most senior position in the UAW Chrysler Department. Ms. Johnson also served as a member of the UAW National Committee that negotiated against Fiat Chrysler Automobiles during the 2015 collective bargaining sessions.
Joining in the announcement was James Vanderberg, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General, Ian Burg, District Director, U.S. Department of Labor – Office of Labor-Management Standards, Jeffrey E. Peterson, Special Agent in Charge of the Detroit, Michigan office of the Federal Bureau of Investigation, and Manny Muriel, Special Agent in Charge of the Detroit, Michigan office of the Internal Revenue Service – Criminal Investigations.
Ms. Johnson was charged with taking part in a conspiracy in which she and other senior UAW officials accepted a stream of concealed payments and things of value from FCA executives in the months leading up to the 2015 collective bargaining negotiations.
The superseding indictment charges Nancy A. Johnson with illegally accepting tens of thousands of dollars worth of designer clothing, golf resort fees, limousine services, lavish meals, luxury accommodations, luggage, and first-class travel for herself and one of her associates. In one instance, Ms. Johnson spent $1,160 for a single pair of designer shoes, which were paid for with funds provided by FCA. On other occasions, Ms. Johnson spent $1,217 for salon and spa services, and $1,518 for a set of women’s graphite golf clubs and a diva cart bag, all using funds provided by FCA.
“Today’s indictment marks the sixth defendant charged in a scheme where senior UAW officials betrayed the hard-working men and women of the union by accepting illegal payments from company executives,” said United States Attorney Schneider. “My office will continue to work tirelessly with our partners at the U.S. Department of Labor, IRS, and the FBI to expose and prosecute any union official or corporate executive involved in similar criminal conduct.”
“An important mission of the Office of Inspector General is to investigate allegations relating to labor racketeering and prohibited payments between company officials and union officials governed by a collective bargaining agreement. We will continue to work with our law enforcement partners and the U.S. Department of Labor’s Office of Labor-Management Standards to investigate these types of allegations,” said James Vanderberg, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General.
“As a former UAW official, Nancy Johnson chose personal greed over promoting individual leadership through her participation in a “pay to play” scheme to enrich herself at the detriment of union members she represented,” said Jeffery E. Peterson, Acting Special Agent in Charge, Detroit Division of the FBI. “This indictment sends a clear message that the FBI, through collaboration with our law enforcement partners, will continue to aggressively investigate anyone who circumvents their legal responsibilities within the union movement at the expense of their members.”
U.S. Attorney Schneider commended the outstanding work of the U.S. Department of Labor – Office of Inspector General and Office of Labor-Management Standards, the Federal Bureau of Investigation, and the Internal Revenue Service – Criminal Investigations, in conducting a comprehensive criminal investigation into labor corruption activities involving a vital sector of the regional and national economy.
Nancy A. Johnson faces a maximum penalty of up to five years in prison and a fine of up to $250,000 on each of the five counts in the superseding indictment.
An indictment is only a charge and is not evidence of guilt. Every defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Former Executive Director of St. Clair Housing Commission Sentenced on Fraud ChargesRead the Press Release
Lorena Loren, the former executive director of the St. Clair Housing Commission, was sentence today to 37 months in federal prison after having pleaded guilty to conspiring to commit federal program fraud, announced United States Attorney Matthew Schneider.
Schneider was joined in the announcement by Brad Geary, Special Agent in Charge of the U.S. Department of Housing and Urban Development and Jeffery E. Peterson, Acting Special Agent in Charge, Federal Bureau of Investigation.
Loren, 55, of Nicholls, Georgia, admitted to conspiring with several family members to steal federal funds provided to the Commission by the U.S. Department of Housing and Urban Development (‘HUD”) to administer HUD’s low-income housing programs within St. Clair County. Loren admitted to engaging in various fraudulent schemes to unlawfully obtain over $336,000 in federal funds.
According to court records, Loren stole approximately $162,000 earmarked for HUD’s Housing Choice Voucher program, commonly known as Section 8 housing, which allows low-income families to lease privately owned rental properties with the assistance of HUD rental subsidies administered by the Commission. As part of this fraudulent scheme, between August of 2008 and August of 2016, Loren fraudulently entered into Section 8 contracts from which, at various times, she and nearly all of her immediate family members directly benefitted, in violation of HUD’s regulations and guidelines. In addition to falsifying Section 8 housing contracts and lease agreements by using nominees for lease agreements for Loren’s son, Loren and several relatives falsely claimed they owned rental properties which were, in fact, owned by others; where former Section 8 tenants resided; and, owned by Loren herself. Loren, as executive director, then fraudulently issued Section 8 rental subsidy payments to relatives, in some instances, even in the names of former Section 8 tenants who were no longer in the program. Loren also directed family members to establish joint bank accounts to facilitate access to the ill-gotten funds by various members of her family.
In addition, between 2010 and 2016, Loren used the Commission’s two credit cards to make unauthorized purchases of personal items for herself and relatives from Amazon.com, Walmart and Sam’s Club stores. Loren purchased, among other things, adult and infant clothing, furniture, food, beauty supplies, medications, other household items, and alcoholic beverages on the Commission’s cards. Loren had some of those purchases, totaling approximately $60,000, shipped to some of the same relatives involved in the Section 8 housing scheme at their residences in Georgia and Florida. Loren used the Commission’s operating budget, provided by HUD to maintain the Commission’s public housing facility, Palmer Park Manor, to pay for all the unauthorized purchases, which totaled nearly $166,000. Lastly, Loren also pocketed approximately $8,500 of the Commission’s petty cash funds.
As part of her guilty plea, Loren agreed to pay $336,240.62 in restitution to HUD. Pursuant to the stipulated order of forfeiture, the court issued a money judgment for $336,240.62, which will be paid with her full pension benefits and the proceeds from the sale of the Port Austin rental property that she used to commit the fraud in this case.
United States Attorney Schneider stated, ““This sentence shows that we will vigorously pursue public officials who steal the people’s money and use it for their own selfish gain.”
Brad Geary, Special Agent in Charge HUD said “At such a critical time for the Department of Housing and Urban Development, with programs that are vital to the well-being of so many in our communities, it is critical that those entrusted to public service are completely dedicated to those in need. The HUD Office of Inspector General is committed to partnering with Federal prosecutors and fellow law enforcement to aggressively pursue those engaged in activities that harm HUD’s Public Housing programs.”
“It is important we all remember this type of fraud scheme is not a victimless crime. It impacts many hard working, tax paying citizens and creates an unnecessary increase of government spending,” said Jeffery E. Peterson, Acting Special Agent in Charge, Detroit Division of the FBI.
The case was investigated by agents of U.S. Department of Housing and Urban Development-Office of Inspector General and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Dawn N. Ison.
Former Business Manager of Assisted Living Facility Indicted for Stealing Hundreds of Thousands of Dollars from Elderly VictimRead the Press Release
NEWARK, N.J. – The business manager of a Morristown, New Jersey, assisted living facility has been charged with exploiting her position to steal approximately $237,000 from an elderly victim under her care, U.S. Attorney Craig Carpenito announced today.
Marcella Drakeford, 45, of Jensen Beach, Florida, is charged with six counts of mail fraud. Drakeford was arrested today and appeared before U.S. Magistrate Judge Shaniek M. Maynard in federal court in Fort Pierce, Florida. She was indicted March 16, 2018, by a federal grand jury sitting in New Jersey and is scheduled to be arraigned April 4, 2018, before U.S. District Judge Katharine S. Hayden in Newark federal court.
According to the indictment:
Beginning in December 2016, Drakeford allegedly agreed to help manage her victim’s financial affairs and pay for her care. She was granted limited access to the victim’s checking account. Unbeknownst to victim or the victim’s guardian, Drakeford already had fraudulently gained access to the victim’s credit card account and had several cards issued in her name. Drakeford then used the credit cards for personal expenditures, including clothing, jewelry, and automobiles, dental work, rent, and utilities. Drakeford paid off the credit card bills with checks drawn on the victim’s checking account, all without permission. Drakeford allegedly defrauded the victim of approximately $237,000.
Each count of mail fraud with which Drakeford is charged carries a maximum potential penalty of 20 years in prison and a fine of $250,000, or twice the gross gain or loss caused by the scheme.
U.S. Attorney Carpenito credited inspectors of the U.S. Postal Inspection Service under the direction of Acting Inspector in Charge Ruth M. Mendonca, for the investigation leading to the arrests. He also thanked the Morris County Prosecutor’s Office, under the direction of Prosecutor Fredric M. Knapp, and the Morristown Police Department, under the direction of Chief Peter Demnitz, for their respective roles in the investigation.
The government is represented by Assistant U.S. Attorney David W. Feder of the U.S. Attorney’s Office’s Cyber Unit.
The charges and allegations in the indictment are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Florida Man Pleads Guilty to Conspiracy to Illegally Export Defense Articles to RussiaRead the Press Release
Vladimir Nevidomy, 31, of Hallandale Beach, Florida, pleaded guilty on March 19, to conspiring to illegally export military-grade night vision and thermal vision devices and ammunition primers to Russia.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida, Special Agent in Charge Robert Lasky of the FBI’s Miami Field Office, and Special Agent in Charge Mark Selby of Homeland Security Investigation’s (HSI) Miami Field Office made the announcement.
According to information contained in court documents, from as early as April 2013 through November 2013, customers in Russia contacted Nevidomy by email requesting night vision rifle scopes, thermal monoculars and ammunition primers, all of which were on the U.S. Munitions List and subject to export control by the U.S. Department of State. Nevidomy proceeded to obtain at least three ATN MARS 4x4 night-vision rifle scopes and an ODIN 61BW thermal multi-purpose monocular from U.S. vendors by falsely representing to the vendors that the items were not for export.
On or about April 16, 2013, a co-defendant caused a wire transfer from a Shanghai, China bank account in the amount of $11,755 for the purchase and shipment of two ATN MARS 4x4 night-vision rifle scopes. That same day, Nevidomy paid $9,599 to a U.S. vendor for the purchase of those two night-vision rifle scopes. On or about May 2, 2013, Nevidomy also caused a wire transfer in the amount of $10,000 to be sent to a U.S. vendor for the purchase of the ODIN 61BW thermal multi-purpose monocular.
Later, Nevidomy’s co-defendant caused a wire transfer from a bank account in Riga, Latvia in the amount of $18,036, part of which was for the purchase of a third ATN Mars 4X4 night-vision rifle scope. On the same day, Nevidomy caused a wire transfer in the amount of $9,599 to a U.S. vendor, part of which was for the purchase of the third ATN Mars 4X4 night-vision rifle scope.
After the U.S. vendors sent the night vision devices to Nevidomy in South Florida, he exported them to the co-defendant in Russia by either concealing the defense articles in household goods shipments sent through a freight forwarding company or using a private Russian postal service that operated in South Florida. In June 2013, Nevidomy aided and abetted the export of the ATN MARS 4x4 night-vision rifle scopes from the U.S. to the co-defendant in Russia, and in August 2013, he exported the ODIN 61BW thermal multi-purpose monocular from the U.S. to the co-defendant in Russia.
On or about July 19, 2013, the same co-defendant sent an email to Nevidomy requesting 1,000 large-rifle ammunition primers to be shipped to Vladivostok, Russia. On or about Oct. 2, 2013, Nevidomy attempted to export 1,000 Sellier & Bellot ammunition primers from the U.S. to the co-defendant in Vladivostok, Russia. These ammunition primers were seized by U.S. Customs and Border Protection.
These night vision rifle scopes, thermal monocular, and ammunition primers required a license or other authorization from the U.S. Department of State before being exported from the U.S. since they were on the U.S. Munitions List. A certified license history check revealed that neither Nevidomy nor his associates ever applied or attempted to apply for an export license from the State Department for the night-vision equipment or ammunition primers.
Sentencing is scheduled before U.S. District Judge Kathleen Williams, on May 25. Nevidomy, a Ukraine-born naturalized U.S. citizen, faces a maximum sentence of 5 years imprisonment.
In addition, on Feb. 5, in a separate federal case, Nevidomy pleaded guilty to passport fraud and conspiracy to commit passport fraud in the Southern District of Florida.
Mr. Demers and Mr. Greenberg commended the investigative efforts of the FBI and HSI. This case is being prosecuted by Assistant U.S. Attorneys Michael Thakur and Rick Del Toro of the Southern District of Florida, and Trial Attorney Christian Ford of the National Security Division’s Counterintelligence and Export Control Section.
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.
Five Indicted in Hudson Crack Cocaine ConspiracyRead the Press Release
ALBANY, NEW YORK – Five residents of Hudson, New York, have been indicted for their involvement in a crack cocaine distribution ring that operated in Columbia County.
The announcement was made by United States Attorney Grant C. Jaquith; New York State Police Superintendent George P. Beach II; and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The following defendants have been arrested and charged by indictment:
- Archie Evans, a/k/a “A.J.,” age 41
- Bryce D. Hallback, a/k/a “Bruce,” age 32
- Julan E. Morrison, a/k/a “Weez,” age 37
- William C. Morrison, a/k/a “Whoody,” age 31
- Steven M. Richardson, a/k/a “Fetty,” age 35
Each defendant is charged with conspiring to distribute and possess with intent to distribute crack cocaine between August and December 2017. The charges are merely accusations. The defendants are presumed innocent unless and until proven guilty.
If convicted, each defendant faces at least 10 years and up to life in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the New York State Police’s Special Investigations Unit, the FBI, and the Hudson Police Department, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.
Felon Sentenced for Possession of a Firearm Stolen from Pawn ShopRead the Press Release
HOUSTON – A 26-year-old convicted felon has been ordered to federal prison for possessing a firearm stolen during the robbery of a Cash America Pawn Shop in May 2017, announced U.S. Attorney Ryan K. Patrick. Kentrell Ezenwere, of Houston, pleaded guilty Nov. 1, 2017.
Today, U.S. District Judge Keith P. Ellison ordered Ezenwere to prison for 80 months. In handing down the sentence, the court held him accountable for the one stolen firearm he possessed at the time of his arrest as well as an additional 28 firearms stolen from the Cash America Pawn Shop the day before. Judge Ellison called Ezenwere’s introduction of guns into the community “anti-social” behavior and noted his criminal behavior to be of particular concern given the national dialogue surrounding firearms.
The mother of Ezenwere’s infant child asked the court to allow him to return home. However, Assistant U.S. Attorney (AUSA) Carrie Wirsing reminded the court that law enforcement officers also desire to return home to their families at the end of their shifts – a task less likely with Ezenwere’s “running and gunning” lifestyle. Ezenwere has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The investigation arose from a burglary of a Cash America Pawn Shop in Houston on May 17, 2017, during which 29 firearms were stolen. Security footage showed a suspect who made entry into the pawn shop from the roof of the building, where he had cut a hole and lowered himself down into the building using rope. The man placed the handguns in a red backpack and a red drawstring bag, ran out of the side door to an adjacent parking lot to a white Cadillac four-door sedan and fled.
Agents located a photo of a similar-looking white Cadillac posted on Ezenwere’s Instagram account six days prior to the burglary. Also found were Snapchat videos of Ezenwere holding handguns matching those that had been stolen, which had been posted within 12 hours following the Cash America burglary.
The following day, authorities stopped Ezenwere while driving a white Cadillac four-door sedan. Following his arrest for outstanding warrants, law enforcement found one of the stolen firearms on the floorboard in front of the driver’s seat. Also discovered in the car was a strap with a head lamp, hand tools, pry bar, hammer, pack of gloves, metal grinder, tin snips and a red rope that was the same style of rope recovered on the scene of the burglary as well as a pair of binoculars, a red drawstring bag and red backpack that matched the description of those used during the burglary the previous day.
Ezenwere had previously been convicted of aggravated assault against a public servant during which he shot at an officer and for which he was sentenced to five years imprisonment. As such, he is prohibited from possessing a firearm or ammunition per federal law.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Houston Police Department conducted the investigation. AUSA Carrie Wirsing prosecuted the case which was brought as part of the Department of Justice’s Project Safe Neighborhoods (PSN), a nationwide program to reduce gun and gang crime in America and the Houston Law Enforcement Violent Crime Initiative which seeks to proactively fight violent crime across the Greater Houston area.
Federal Jury Convicts Rochester Man of Illegally Possessing A HandgunRead 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 a federal jury has convicted Emmanuel Feaster, 21, of Rochester, NY, of being a felon in possession of a loaded handgun. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Sean C. Eldridge and Charles E. Moynihan, who handled the prosecution of the case, stated that on September 27, 2015, Rochester Police Department officers, in the area of Jefferson Avenue, saw Feaster driving an all-terrain vehicle northbound on Jefferson Avenue, in the southbound lane. When officers attempted to stop the defendant, he drove the ATV onto the sidewalk and ran after being directed to produce his driver’s license. After a brief foot chase, Feaster fell to the ground and tried to get back up. The defendant struggled as officers tried to place him in handcuffs. During the struggle, Feaster threw a metal object under a vehicle parked nearby. Officers retrieved a .380 caliber semiautomatic handgun, which was loaded with six rounds of ammunition, from under the vehicle. Analysis by the Monroe County Crime Laboratory determined that DNA found on the gun belonged to the defendant. In November 2013, Feaster was convicted in Monroe County Court on a felony weapons offense and was prohibited from legally possessing a firearm or ammunition.
The trial verdict is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.
Sentencing is scheduled for June 20, 2018, at 4:00 p.m. before Chief Judge Frank P. Geraci, Jr., who presided over the trial of the case.
Federal Grand Jury Indicts Guatemalan Man Who Used a Suspected Pipe Bomb in a Bank RobberyRead the Press Release
LUBBOCK, Texas — A federal grand jury in Lubbock, Texas, returned an indictment today charging Eddie Estuardo Galindo-Mendez, 43, a Guatemalan citizen, with one count of bank robbery for the November 20, 2017, robbery of Happy State Bank in Lubbock, Texas, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
Galindo-Mendez was charged last week in a related federal criminal complaint with one count of bank robbery. He was in federal custody on other charges at the time the complaint was filed.
According to the affidavit filed with the criminal complaint and the indictment, on November 20, 2017, law enforcement responded to a call for two suspected Improvised Explosive Devices (IED). One IED was located on the campus of Texas Tech University and one was used in the robbery at Happy State Bank, located in Lubbock, Texas. The IEDs were described as pipe bombs. Law enforcement reviewed surveillance video captured from Texas Tech University and Happy State Bank’s interior video systems. The videos show that around 1:27 p.m. the suspected IED was placed on a student’s truck at Texas Tech University and at around 3:00 p.m. an individual robbed the Happy State Bank utilizing a note and a suspected IED.
Employees at the bank advised that Galindo-Mendez entered the bank, approached the teller, and handed the teller a note that stated he had a bomb and requested money. Galindo-Mendez also placed what appeared to be a pipe bomb on the counter. The employees provided Galindo-Mendez with approximately $2,553 and he left the bank on a bicycle and took the note, but left behind the IED. Bomb Technicians examined the IED and determined it to be inert.
“Prosecuting violent crimes is a top priority for my office and the Department of Justice,” said U.S. Attorney Nealy Cox. “Prosecuting those violent crimes that touch upon the safety and security of our schools, universities and financial institutions is of paramount importance. To those who commit violent crimes and threaten these institutions, know that law enforcement will relentlessly pursue bringing you to justice.”
ATF Dallas Field Division Special Agent in Charge Jeffrey C. Boshek stated “Today’s indictment is an example of ATF’s commitment to working with our law enforcement partners to pursue federal criminal charges against those that use firearms, explosives or arson to victimize businesses and endanger the public that patronizes them.”
“This is yet another example of the cooperative efforts that federal, state and local agencies do on a regular basis for the citizens in Lubbock and the surrounding communities,” said Assistant Chief Jerry Brewer, Lubbock Police Department Investigations Services Bureau.
An indictment is an accusation by a federal grand jury, and a defendant is entitled to the presumption of innocence unless proven guilty. However, the maximum statutory penalty for the offenses charges is 20 years in federal prison and a $250,000 fine.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, Lubbock Police Department, Federal Bureau of Investigation, United States Border Patrol, U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Texas Department of Public Safety, Texas Tech University Police Department, and the Lubbock County Sheriff’s Office investigated the case. Assistant U.S. Attorney Jeffrey Haag is in charge of the prosecution.
# # #
Federal Criminal Complaint and Arrest Warrant Filed Last Night Against Pflugerville, TX Man Prior to His Death After Discharging BombRead the Press Release
(Austin, TX) – Austin Police Chief Brian Manley, Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred J. Milanowski, Travis County District Attorney Margaret Moore and United States Attorney for the Western District of Texas John F. Bash announced that a federal criminal complaint and an arrest warrant were filed last night against 23–year-old Mark Conditt of Pflugerville, TX, in connection with the recent series of bombings in Austin. Those filings occurred before Conditt detonated a destructive device early this morning as authorities were attempting to apprehend him in Round Rock, TX. Conditt died during the incident.
“Hundreds of federal, state and local law enforcement officers worked together to identify and locate Conditt. I was awed by their professionalism, collaborative spirit, and indefatigable commitment to protecting the public,” stated United States Attorney John F. Bash. “I send my deepest condolences to the families of Anthony Stephan House and Draylen Mason, and I pray for the recovery of the surviving victims of these monstrous crimes.”
The federal criminal complaint charged Conditt with one count of Unlawful Possession and Transfer of a Destructive Device. The complaint affidavit remains under seal at this time. The investigation continues at this time. Because it is possible that further destructive devices were planted or mailed, residents of Austin and surrounding areas should call 911 if they see any suspicious package, bag, or backpack, or any other item that looks out of place.
“I appreciate all the hard work of the men and women of the Austin Police Department and our Federal partners for their tireless work in restoring peace to our community,” said Austin Police Chief Brian Manley. “My thoughts and prayers continue to be with those victimized by these criminal acts committed.”
“I am grateful for the extraordinary leadership demonstrated by Chief Manley during this complex and challenging investigation. He inspired an amazing team of law enforcement professionals and prosecutors who worked together and with members of the public to restore peace in our community,” stated FBI Special Agent in Charge Christopher Combs, San Antonio Division.
“Thank you to the City of Austin and the surrounding communities for coming together and remaining vigilant over the past three weeks. By doing so, we were able to restore a sense of calm to the community,” stated ATF Special Agent in Charge Fred J. Milanowski, Houston Field Division.
The Austin Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco Firearms and Explosives are investigating this case. The Texas Department of Public Safety, the Texas Rangers, the U.S. Postal Inspection Service, the United States Marshals Service, the Round Rock Police Department, the Schertz Police Department, the Pflugerville Police Department, and the Cedar Park Police Department are providing valuable assistance in this investigation. The Travis County District Attorney’s Office and the Austin Division of the U.S. Attorney’s Office for the Western District of Texas have collaboratively provided legal support during the investigation of these incidents.
Fairmont man admits to firearm chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Dustin Lynn Garrison, of Fairmont, West Virginia, has admitted to illegally possessing a firearm, United States Attorney Bill Powell announced.
Garrison, age 26, pled guilty to one count of “Unlawful Possession of a Firearm.” Garrison, having previously been convicted of two felonies in the Circuit Court of Marion County, is accused of illegally possessing a .308 semi-automatic pistol in September 2017 in Marion County, West Virginia.
Garrison faces up to 10 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 Sarah E. Wagner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives and the Fairmont Police Department investigated. The United State Marshal Service assisted.
U.S. Magistrate Judge Michael John Aloi presided.
Dunn Man Sentenced for Felon in Possession ChargeRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, BRANDON LEE OGLESBY, of Dunn, North Carolina, was sentenced to 78 months imprisonment followed by 3 years of supervised release.
OGLESBY was named in an Indictment on September 8, 2017 charging him with Possession of a Firearm by a Felon. On November 13, 2017, OGLESBY pled guilty to that charge and was sentenced in the United States District Court today.
On December 12, 2016, an officer with the Dunn Police Department, was looking for OGLESBY, to serve felony arrest warrants out of Sampson County, North Carolina, when he observed OGLESBY’S truck at a gas station in Dunn. The officer entered the store and placed OGLESBY under arrest. OGLESBY was told his truck needed to be moved because it was blocking the gas pumps; however, OGLESBY informed the officer the keys were locked inside the truck. The officer found the driver’s door of OGLESBY’S truck unlocked and opened it to find, in plain view, a .30-06 caliber rifle, which was loaded with a round chambered.
Prior to federal indictment, on July 6, 2017, OGLESBY pled guilty to Possession of a Firearm by a Felon in Johnston County Superior Court. OGLESBY, a convicted felon, unlawfully possessed three firearms between December 12, 2016, and February 5, 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.
The investigation of this case was conducted by the Dunn Police Department, Johnston County Sheriff’s Office, Wayne County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.
Dominican National Pleads Guilty to Identity TheftRead the Press Release
BOSTON – A Dominican national residing in Lawrence pleaded guilty today in federal court in Boston to identity theft and related charges.
Willy Antonio Hernandez Camilo, 34, pleaded guilty to one count of passport fraud, two counts of misuse of a Social Security number, and two counts of aggravated identity theft. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for June 4, 2018.
In 2014, Hernandez Camilo applied for a passport at a Methuen post office purporting to be a U.S. citizen. On the application he represented that the name, Social Security number, and date of birth of a Puerto Rican man were his. He supported the application with a birth certificate and a 2012 Massachusetts driver’s license, both in the victim’s name. In 2016, Hernandez Camilo went to a Massachusetts Registry of Motor Vehicles office in Haverhill and applied to renew his Massachusetts driver’s license. Again, he represented the victim’s identity to be his own. Hernandez Camilo admitted that he knew the identity he used was not fabricated but belonged to a real person.
The charge of aggravated identity theft provides for a mandatory sentence of two years in prison, up to one year of supervised release and a fine of up to $250,000. The charge of passport fraud provides for a sentence of no greater than 10 years in prison, three years of supervised released, and a fine of up to $250,000. The charge of misuse of a social security number provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and William B. Gannon, Special Agent in Charge of the Boston Field Office of the U.S. Department of State, Bureau of Diplomatic Security, made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
Corpus Christi Man Arrested on Child Pornography ChargesRead the Press Release
CORPUS CHRISTI, Texas - A 26-year-old Corpus Christi resident has been taken into custody on allegations he distributed child pornography, announced U.S. Attorney Ryan K. Patrick.
Authorities arrested Clinton Ray Stephens this morning. He is expected to make his initial appearance before U.S. Magistrate Judge Jason B. Libby at 2:00 p.m. today.
According to the charges, an electronic chat room company notified the National Center for Missing and Exploited Children (NCMEC) that a known image of child pornography had been uploaded to an internet chat room identified as “UNderAg3.” The complaint alleges authorities were able to link the specific IP address associated with a user known as “Jake” to Stephens. Agents obtained a search warrant for Stephens’s residence, after which agents seized several digital devices that led to the discovery of more than 570 images and two videos of child pornography, according to the charges.
If convicted, Stephens faces a minimum of five and up to 20 years in federal prison as well as a possible $250,000 maximum fine.
Immigration and Customs Enforcement’s Homeland Security Investigations and Corpus Christi Police Department’s – Internet Crimes Against Children Task Force conducted the investigation with the assistance of NCMEC.
Assistant U.S. Attorney Hugo R. Martinez is prosecuting the case, which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Coeur d’Alene Man Pleads Guilty to Lie and Buy Gun CrimeRead the Press Release
COEUR D'ALENE – Alex James Spooner, 23, of Coeur d’Alene, Idaho, pleaded guilty Tuesday to unlawful acquisition of a firearm, U.S. Attorney Bart M. Davis announced. Spooner was indicted by a federal grand jury on January 17, 2018.
According to court records, Spooner committed what is commonly known as a “lie and buy” gun crime. A “lie and buy” gun crime occurs when someone buys a gun on behalf of another person while falsely claiming that it is for themselves. Spooner bought seven firearms for another person living in North Dakota. In doing so, Spooner lied to the gun seller by claiming the guns were for him. Four of the guns that Spooner bought ended up in Chicago. Within eight days of Spooner’s purchase of one of the firearms, it was used in a shooting in Chicago. Another gun bought by Spooner was found 13 days later during a search warrant execution in Chicago.
Sentencing is set for June 19, 2018, before U.S. District Judge David C. Nye at the federal court house in Coeur d’Alene.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the North Idaho Violent Crime Task Force and the Chicago Police Department.
“Lie and buy gun crimes are particularly pernicious,” U.S. Attorney Bart Davis said. “These guns very often end up in the hands of violent individuals who can’t buy guns because of their criminal history.” Davis went on to praise the cooperative efforts of the law enforcement agencies: “The coordinated efforts of the ATF, the Chicago Police Department and the North Idaho Violent Crime Task Force are to be commended.”
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.
China Grove, N.C. Man Sentenced to More Than 11 Years for Online Enticement of A MinorRead the Press Release
CHARLOTTE, N.C. – Shawn Steven Wilson, 33, of China Grove, N.C., was sentenced today to 142 months in prison for enticement of a minor using the internet, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, U.S. District Judge Robert J. Conrad, Jr. also ordered Wilson to serve a lifetime of supervised release and to register as a sex offender.
U.S. Attorney Murray is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Kerr Putney of Charlotte Mecklenburg Police Department.
According to court documents and today’s court proceedings, Wilson responded to an online posting for individuals interested in engaging in sexual contact with a minor. From August 17 to September 1, 2016, Wilson engaged in multiple communications with an FBI undercover employee posing as the minor’s parent. During the exchanges, Wilson discussed his interest in engaging in sexual contact with the minor who he believed to be an 11-year-old girl, asked for naked pictures of the minor, and made arrangements to meet her. Law enforcement arrested Wilson when he arrived to meet the minor at an agreed-upon location for the purpose of engaging in sexual activities.
Wilson pleaded guilty in June 2017 to one count of online enticement of a minor. He is currently in federal custody and will be transferred to custody of the Federal Bureau of Prisons upon designation of a federal facility. Federal sentences are served without the possibility of parole.
The FBI led the investigation assisted by CMPD. The U.S. Attorney’s Office prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorney’s Office and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Child sexual exploitation defendant still on the runRead the Press Release
Federal fugitive charged one year ago, asking for the public’s help capturing him
PRESS RELEASE
Indianapolis-United States Attorney Josh Minkler and FBI Special Agent in Charge Grant Mendenhall are asking for the public’s help in capturing a federal fugitive wanted for the sexual exploitation of a minor. Gustavo Cruz, a/k/a Gustavo Aguilar-Cruz 42, Indianapolis, is alleged to have used his cell phone to record himself sexually abusing an 11-year-old female child.
According to the criminal complaint, law enforcement learned of the alleged sexual abuse on March 21, 2017. The victim told investigators that Cruz had sexually abused her for years. Police served search warrants on Cruz’s home and vehicle and seized electronic devices. An examination found multiple videos containing child pornography. Many of these images depicted Cruz engaged in sexual acts with the victim.
Minkler said “One year ago, a very brave child came forward to tell police what Cruz did to her, and a team of skilled investigators found evidence to corroborate her account of repeated sexual violation. While the defendant is presumed innocent, now is the time for the community to come together to tell us where Cruz is located, so that all parties can have their day in court. We will not stop seeking justice for this child.”
Cruz has eluded law enforcement for nearly one year and is a wanted fugitive. He is a 42-year-old Hispanic Male, 5’11” tall and weighs approximately 210 pounds. He has brown eyes, dark hair and a mole on his right cheek. He is believed to be living somewhere in the Midwest United States.
Anyone knowing the whereabouts of Gustavo Cruz, is encouraged to call the FBI at 317 -595-4000 or Crime Stoppers at 317-262-TIPS (8477).
The Federal Bureau of Investigation and the Indianapolis Metropolitan Police Department conducted this investigation.
"Our children are among the most vulnerable members of our community, and we must protect them in any way we can," said Grant Mendenhall, Special Agent in Charge of the FBI's Indianapolis Division. "We will continue to work diligently with our partners to locate this individual to ensure no other children are victimized."
“The victimization of children is an unimaginable crime that can have a devastating impact for years,” said Chief Bryan Roach. “Because of skilled and dedicated Investigators we now know the identity of the alleged suspect and we need your help to find him”.
Kristina M. Korobov is prosecuting this case for the government and said Cruz faces 30 years imprisonment if convicted.
A criminal complaint is only a charge and not evidence of guilt. All defendants are considered innocent until proven otherwise in federal court.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to use partnerships with law enforcement agencies to prosecute individuals who exploit or harm children and other vulnerable victims. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 4.1
###
Cartel Member Pleads Guilty to Conspiracy to Distribute More Than Eleven Pounds of Methamphetamine in Lee CountyRead the Press Release
Fort Myers, Florida – Juan Carlos Gonzalez (37, San Diego, California) today pleaded guilty to conspiracy to distribute more than 11 pounds of methamphetamine. He faces a minimum mandatory sentence of 10 years, up to life, in federal prison. A sentencing date has not yet been set.
According to court documents, a DEA undercover agent (UC) made contact with Gonzalez after learning that he was associated with a drug trafficking organization operating out of Tijuana, Mexico. Gonzalez agreed to send a sample of his product, without payment, from California to the UC in Florida. The sample, which arrived in Fort Myers on April 17, 2017, was nearly two pounds of 99% pure methamphetamine. When Gonzalez and the UC discussed how much more product could be delivered in the future, Gonzalez said his supply was “unlimited.” In the following months, Gonzalez sent over nine more pounds of methamphetamine to the UC. DEA laboratory testing confirmed these later shipments were 100% pure methamphetamine.
On August 16, 2017, Gonzalez was arrested by federal agents at the San Ysidro port of entry coming from Mexico into California.
This case was investigated by the Drug Enforcement Administration and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Michael V. Leeman.
Canadian Man Charged by Superseding Indictment for Committing an Act of Terrorism Transcending National BoundariesRead the Press Release
Amor M. Ftouhi, 50, of Montreal, Canada, who was previously indicted in July 2017, for charges relating to an attack on a Bishop Airport officer in Flint, Michigan, was charged today with an additional offense of committing an act of terrorism transcending national boundaries.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Matthew Schneider for the Eastern District of Michigan and Acting Special Agent in Charge Jefferey E. Peterson of the FBI’s Detroit Field Office made the announcement.
According to court records, Mr. Ftouhi entered the United States from Canada for the purpose of killing government personnel in the United States. Before entering the United States on June 16, 2017, while in Canada, Mr. Ftouhi conducted online research of American gun laws and for gun shows in Michigan. Mr. Ftouhi subsequently traveled to Michigan where he was unsuccessful in purchasing a gun and purchased a knife instead. On June 20, 2017, Mr. Ftouhi walked up to the victim, who is a lieutenant with the Bishop Airport Authority and was in full uniform, and stabbed the police officer in the neck with a knife. Mr. Ftouhi referenced killings in Syria, Iraq and Afghanistan, and yelled “Allahu Akbar.” After his arrest, Mr. Ftouhi told law enforcement that he was a “soldier of Allah” and subscribed to the ideology of al-Qaeda and Usama bin Laden.
Ftouhi will be arraigned on the new indictment in federal court in Flint. The defendant faces a statutory maximum sentence of life in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. Any sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors. The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by the U.S. Attorney’s Office for the Eastern District of Michigan, with assistance from the National Security Division’s Counterterrorism Section.