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30 April 2018
Mexican National Pleads Guilty to Illegally Reentering the United StatesRead the Press Release
Defendant had four prior deportations from the United States
HUNTINGTON, W.Va. – Victor Santa Maria-Cleofas pled guilty to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. He also faces removal proceedings at the conclusion of any sentence of incarceration. United States Attorney Mike Stuart praised the work of Immigration and Customs Enforcement (ICE).
“Another reason for the proposed wall. Maria-Cleofas has 4 previous deportations and keeps coming back,” said United States Attorney Mike Stuart. “He will soon face deportation a 5th time. Everyone hates line skippers. This is a nation that welcomes new immigrants but every immigrant must respect our country and follow our laws.”
Santa Maria-Cleofas , 47, of Mexico, faces up to 2 years of incarceration, a 250,000 dollar fine, supervised release for one year, and a special assessment when he is scheduled to be sentenced on May 29, 2018 by United States District Judge Robert C. Chambers.
On March 15, 2018, Santa Maria-Cleofas was arrested by ICE agents who observed defendant biking to a restaurant in Hurricane, West Virginia where he worked. ICE already had information that defendant was in the United States illegally, and were able to stop him as he rode by. After confirming his identity and with defendant admitting he was not in the United States legally, he was placed under arrest. ICE agents submitted Santa Maria-Cleofas’s fingerprints, forensically matching him to four prior deportations in 2001, 2004, 2008, and 2010. Santa Maria-Cleofas reentered the United States a total of five separate occasions without legal permission from the Secretary of Homeland Security. Santa Maria-Cleofas is a citizen of Mexico.
Assistant United States Attorney Erik S. Goes is handling the prosecution.
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Longs Man Sentenced to 24 Months in Federal Prison on Gun and Drug ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Quavon Melik Bellamy, age 22, of Longs, SC, was sentenced in federal court in Florence, South Carolina, for Possession of a Stolen Firearm and Ammunition and Possession with Intent to Distribute Marijuana. United States District Judge Bryan Harwell, of Florence, sentenced Bellamy to 24 months in federal prison with 3 years of supervised release to follow.
The evidence presented at the guilty plea hearing established that on February 14, 2017, law enforcement responded to a call about a man with a gun. The 911 caller provided officers with Bellamy’s name and a vehicle tag number. Officers ran the tag and identified the address on the vehicle’s registration. Officers responded to the address and located the vehicle in the front yard. When the officers arrived at the residence, Bellamy exited the house, and officers informed him of the victim’s report. Bellamy stated that he ran into the victim and they had “words,” but he denied possessing or presenting a firearm. Officers confirmed the vehicle was registered to Bellamy and inquired about firearms in the vehicle. Bellamy responded there were no firearms in the vehicle and gave consent to a search of the vehicle. Upon opening the vehicle door, the officer immediately smelled marijuana. Officers searched the vehicle and located a black purse on the back seat that contained two glass jars of marijuana and a scale. Officers also found a Springfield Armory 9mm handgun on the rear floorboard, fully loaded with fifteen rounds of ammunition, including one in the chamber. After being advised of his rights and agreeing to speak with law enforcement, Bellamy initially claimed he did not know anything about the firearm, only later to admit that it was his and that he presented it to the victim. After running the firearm’s serial number through dispatch, officers confirmed that the firearm was stolen.
The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Horry County Police Department, the Horry County Sheriff’s Office, and the South Carolina Highway Patrol. Assistant United States Attorney Lauren Hummel of the Florence office handled the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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Lockport Woman Charged with Threatening A WitnessRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Chanel Riggs, 27, of Lockport, NY, was arrested and charged by criminal complaint with threatening a witness scheduled to testify in a trial. The charge carries a maximum penalty of 20 years and a $1,000,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, Riggs is the girlfriend of defendant Rico Freeman who is facing drug conspiracy charges and scheduled to go to trial on May 8, 2018. Late on April 26, 2018, Riggs called a witness for the Government and threatened to kill the witness and the witness’s child by putting a bullet through their head. Riggs further told the witness that she knew the witness was “snitching.” During a follow up recorded phone call, Riggs threatened the witness by saying, “(expletive) you had to have cooperated. It’s black and white that you told.”
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a preliminary hearing scheduled for May 10, 2018 at 11 a.m.
The criminal complaint is the result of an investigation by: the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Niagara County Drug Task Force, under the direction of Sheriff James Votour; and the Lockport Police Department, under the direction of Chief Michael Niethe.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Local Doctor Arrested for Illegally Dispensing and Distributing Controlled Substances by PrescriptionsRead the Press Release
U.S. Attorney Duane A. Evans announced the unsealing of an indictment against WAYNE JEROME CELESTINE, age 57, a physician who practices in Gretna, Louisiana and resides in the New Orleans area. On Monday, April 30, 2018, DR. CELESTINE was arrested on charges of distribution of controlled substances. According to court records, DR. CELESTINE illegally dispensed and conspired with others to illegally dispense controlled substances, including oxycodone, oxycodone/acetaminophen, oxycontin HCL, oxymorphone HCL, hydromorphone, opana, fentanyl, suboxone, and morphine sulfate, a Schedule II drug controlled substances; hydrocodone/acetaminophen, a Schedule III drug controlled substance until October 6, 2014, thereafter, a Schedule II drug controlled substance; and alprazolam, diazepam, and carisoprodol, Schedule IV drug controlled substances.
CELESTINE made his initial appearance before U.S. Magistrate Court Judge Daniel E. Knowles, III, on Monday, April 30, 2018. A detention hearing is scheduled for May 1, 2018.
If convicted of the charge in the criminal complaint, CELESTINE will face a maximum of not more than 20 years in prison on the drug conspiracy charge, pursuant to Title 21, United States Code, Sections 841(a)(1) and 846. CELESTINE will also be subject to a fine of not more than one million dollars and a minimum term of supervised release of three years, following any term of imprisonment.
U.S. Attorney Evans praised the work of the Special Agents of the Drug Enforcement Administration, Internal Revenue Service, Jefferson Parish Sheriff’s Office, Harahan Police Department, Westwego Police Department, Louisiana State Police, St. Bernard Parish Sheriff’s Office, New Orleans Police Department, and New Orleans District Attorney’s Office in investigating this matter. Assistant United States Attorney John F. Murphy is in charge of the prosecution.
Lake Jackson Area Attorney Convicted in Scheme to Commit Bank FraudRead the Press Release
HOUSTON ‐ A Lake Jackson area attorney has entered a guilty plea to bank fraud for his role in a mortgage fraud scheme, announced U.S. Attorney Ryan K. Patrick.
Kirk Lawrence Brannan, 64, admitted to conspiring with others from 2005 to 2009 to execute a scheme to defraud Wells Fargo Bank and other lenders.
Brannan sold 10 beach homes in the Freeport/Surfside area to “straw buyers” at exorbitant prices. Other co-conspirators recruited straw buyers who created loan applications with misrepresentations that lenders relied upon in deciding to make the mortgage loans. The applications contained misrepresentations of the buyer’s address, employer, income and expenses. The applications also suggested the buyers were much better credit risks than they actually were. Brannan admitted he paid kickbacks to co-conspirators each time one of the beach homes was sold to a straw buyer.
The beach properties were sold at two to three times the appraised values. The mortgage lenders, including Wells Fargo Bank, were induced to lend the inflated amounts for the purchases through flawed or fraudulent appraisals which were based on comparisons Brannan manufactured to further the scheme.
Brannan created settlement statements that suggested he sold three of his properties to his children at exorbitant prices. Appraisers relied upon these “sales” as comparable sales in appraising Brannan’s remaining properties sold to straw buyers. As a result of the fraudulent appraisals, he and his co-conspirators were able to inflate the values for his properties and deceive the lenders into approving home loans at those exorbitant amounts.
All of the straw buyers defaulted on the mortgages, and all 10 of the beach properties ended up in foreclosure.
The fraudulent mortgage loan scheme resulted in a loss of $5,317,350 to Wells Fargo Bank and the other lenders. Brannan paid $2,401,368 to his co-conspirators as part of the scheme.
U.S. District Judge Lee Rosenthal accepted the plea and set sentencing for Aug. 29, 2018, at which time Brannan faces up to 30 years in federal prison and a possible $1 million maximum fine. He was permitted to remain on bond pending that hearing.
Co-conspirators Chucoboie Lanier, 41, David Lee Morris, 55, and Derwin Jerome Blackshear, 50, all of Houston, previously pleaded guilty for their roles in the scheme. They are set for sentencing Sept. 26, 2018.
The Texas Department of Public Safety and the FBI conducted the investigation. Assistant U.S. Attorneys Robert Johnson and Michael Day are prosecuting the case.
Kansas Man Pleads Guilty to Federal Drug and Gun ChargesRead the Press Release
HUNTINGTON, W.Va. – A Kansas man who was caught with crystal methamphetamine and a firearm in Hurricane in November of 2017 pled guilty today to federal drug and gun charges, announced United States Attorney Mike Stuart. Bunthia Can Thach, 39, entered his guilty pleas to possession with intent to distribute methamphetamine and possessing a firearm in furtherance of a drug trafficking crime. U.S. Attorney Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Hurricane Police Department.
“Another dangerous, drug dealing, gun-toting criminal off the streets,” said United States Attorney Mike Stuart. “My Office is working with our federal, state and local law enforcement partners to prosecute repeat offenders like Thach.”
Around midnight on November 10, 2017, an officer with the Hurricane Police Department observed a vehicle parked just off the Interstate 64 exit ramp at Hurricane. The officer noted the vehicle had Kansas registration plates, was not running, and approached the vehicle to see if it contained a stranded motorist. The officer located Thach and another individual in vehicle. The officer also observed that Thach was wearing a gun holster and saw a loose bullet in the floorboard of the vehicle. Thach subsequently told the officer he hid a handgun under the passenger seat when the officer was approaching the vehicle. Officers then recovered a loaded Glock .45 caliber handgun with a 30-round extended magazine from under the seat. Officers also located approximately 54 grams of methamphetamine from a bag in the rear of vehicle.
Thach admitted that he traveled from Kansas to purchase a large quantity of marijuana which he was going to transport to North Carolina. Thach further admitted that he intended to sell the methamphetamine and that he brought the handgun from Kansas for protection during the trip. Officers also discovered that Thach had previously been convicted of multiple felony offenses and was prohibited from possessing a firearm.
Thach faces up to 20 years in federal prison for the drug charge, and a mandatory minimum consecutive term of at least 5 years in federal prison for the gun charge, when he is sentenced on August 13, 2018.
Assistant United States Attorney Joseph F. Adams is responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Jacksonville Man Sentenced to Federal Prison for Manufacturing and Possessing Counterfeit Federal Reserve NotesRead the Press Release
Jacksonville, Florida – U.S. District Judge Maria Morales Howard has sentenced James Edward Langford, IV (30, Jacksonville) to 33 months in federal prison for manufacturing and possessing counterfeit Federal Reserve notes.
According to court documents, in late July 2017, law enforcement officers received information that Langford was manufacturing counterfeit Federal Reserve notes at a hotel in Jacksonville. On July 25, 2017, U.S. Secret Service agents surveilled the hotel room and observed Langford and two others leave the room. Langford and one of the individuals discarded full trash bags by the hotel’s trash area. A search of the bags revealed several uncut sheets of wadded paper with printed images of counterfeit $20 bills.
Later that day, agents observed Langford leave the room and exit the hotel parking lot. Surveillance teams observed him driving erratically, cutting across three lanes of traffic, speeding, and entering an intersection and then making a sudden U-turn. Law enforcement initiated a traffic stop and, during a search of Langford, multiple counterfeit $20 Federal Reserve notes were recovered from Langford’s wallet. A subsequent search of Langford’s hotel room revealed numerous counterfeit notes and the computer media used to manufacture them, along with chemicals commonly used to remove the ink from genuine bills during the counterfeiting process.
This case was investigated by the United States Secret Service - Jacksonville Field Office and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
Grant County man sentenced for role in a methamphetamine distribution operationRead the Press Release
ELKINS, WEST VIRGINIA – Gary Smith, of Maysville, West Virginia, was sentenced today to five years probation for his participation in a methamphetamine distribution operation, United States Attorney Bill Powell announced.
Smith, 66, pled guilty to one count of “Unlawful Use of a Communication Facility” in July 2017. Smith admitted to using a communication facility to possess methamphetamine in Grant County in November 2016.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The United States Postal Inspection Service and the West Virginia State Police investigated.
U.S. District Judge John Preston Bailey presided.
Georgia woman sentenced to 8 years in prison for mail fraud charge in stolen vehicle title schemeRead the Press Release
MONROE, La. – United States Attorney David C. Joseph announced that a Georgia woman was sentenced last week to 96 months in prison for her role in a scheme to illegally obtain Louisiana titles for stolen vehicles.
Quinetta Grant, 45, of Suwanee, Georgia, was sentenced Tuesday by U.S. District Judge S. Maurice Hicks Jr. on one count of mail fraud. She was also sentenced to three years of supervised release and was ordered to pay $300,000 restitution. According to the October 25, 2016 guilty plea, Grant sent a title application and supporting documents for a stolen vehicle in May of 2015 to a resident in Monroe who then submitted the documents to an Office of Motor Vehicles authorized automobile title processor in West Monroe, Louisiana. The title processor was a private business contracted to work with the Louisiana Office of Motor Vehicles to process title applications.
The FBI conducted the investigation. Assistant U.S. Attorney Earl M. Campbell prosecuted the case.
Former Loan Broker Sentenced for Defrauding Small BusinessesRead the Press Release
BOSTON – A Saugus loan broker was sentenced today in federal court in Boston for operating a scheme that defrauded small businesses from across the country in connection with their efforts to obtain business loans.
Joseph L. Angelo Jr., 59, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 40 months in prison, three months of supervised release and ordered to pay restitution of $1.1 million. In September 2017, Angelo Jr. pleaded guilty to 11 counts of wire fraud.
From November 2011 to March 2015, Angelo defrauded 10 small business owners of more than $1 million by representing that his companies – Lease One Corp. and Palmtree Finance & Funding LLC – were brokers for obtaining loans for small businesses. Angelo required the customers to deliver to him what he said were fully refundable deposits, aggregating over $1.1 million for loans that he said had been approved and would be funded within a few days. In fact, none of the loans had been approved, and there were no funds available. When the small business owners complained about delays in receiving funds, Angelo promised that their deposits would be refunded, but he did not refund any of the deposits or secure funding for any of the requested loans.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. Assistant U.S. Attorney Victor A. Wild of Lelling’s Economic Crimes Unit prosecuted the case.
Former Autonomy CFO Convicted of Wire FraudRead the Press Release
SAN FRANCISCO – Sushovan Hussain, the former Chief Financial Officer of Autonomy Corporation plc, was convicted of one count of conspiracy, fourteen counts of wire fraud and one count of securities fraud by a federal jury today, announced Acting United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The verdict follows a two-month trial before the Honorable Charles R. Breyer, U.S. District Judge.
“The jury verdict affirms that corporate criminals who cook their company’s books to the detriment of victims in the United States, and specifically this district, will be held to account in our courts,” said Acting United States Attorney Alex G. Tse. “From 2009 to 2011, Sushovan Hussain misused his special skills in accounting to falsely inflate Autonomy’s revenues. The defendant then touted Autonomy’s false and misleading financial statements to senior executives at Hewlett-Packard Company, and eventually defrauded HP of over $11.7 billion. Corporate citizens and their shareholders, just like all citizens, deserve the full protection of our criminal laws. I am proud of the sustained investigative commitment by our partners at the FBI and appreciate the cooperation of the Financial Reporting Council and Serious Fraud Office in the United Kingdom.”
“Today's verdict is a massive victory for the victim company, our community and for the American people," said FBI San Francisco Division Special Agent in Charge John F. Bennett. "Such egregious dishonesty in business practice violates the trust of our citizens and will not be tolerated by the FBI and our law enforcement partners.”
In 2011, Hewlett-Packard Company acquired Autonomy, the former software technology company, for about $11.7 billion. The evidence at trial demonstrated that for more than two years prior to the sale, Hussain, 54, a citizen and resident of the United Kingdom, falsely inflated Autonomy’s revenues to make it appear Autonomy was growing when it really was not. Specifically, Hussain used backdated contracts, roundtrips, channel stuffing, and other forms of accounting fraud to inflate Autonomy’s publicly-reported revenues by as much as 14.6% in 2009, 17.9% in 2010, 21.5% in the first quarter of 2011, and 12.4% in the second quarter of 2011.
In addition, Hussain, and his co-conspirators, fraudulently concealed from investors and market analysts the scale of Autonomy’s hardware sales, which were used to boost the company’s reported top-line revenue. Autonomy’s total revenues included re-sold hardware of approximately $53.3 million in 2009, $99.08 million in 2010, $20.09 million in the first quarter of 2011, and $20.85 million in the second quarter of 2011. The evidence at trial demonstrated that Hussain falsely suggested to Autonomy investors and analysts that the loss-generating hardware revenue was really high-margin software revenue.
On November 10, 2016, a federal grand jury indicted Hussain charging him with one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and 14 counts of wire fraud, in violation of 18 U.S.C. § 1343. On May 4, 2017, the federal grand jury handed down a superseding indictment adding one count of securities fraud. The Jury convicted the defendant on all counts in the superseding indictment.
Until its acquisition by HP on October 3, 2011, Autonomy Corporation plc was a company incorporated in England and Wales with a registered office in Cambridge, United Kingdom. Autonomy was the holding company of a group of companies engaged in software development and distribution. Autonomy maintained dual headquarters in San Francisco, California, and Cambridge. Autonomy’s major subsidiaries included Autonomy, Inc., with offices in San Francisco and San Jose; Interwoven, Inc., with offices in San Jose; and ZANTAZ, Inc., with offices in Pleasanton. Until 2011, Autonomy was a public company whose shares were listed on the London Stock Exchange under the trading symbol “AU” and were bought, held, and sold by individuals and entities throughout the United States. Autonomy reported total revenues of approximately $739 million in 2009 and approximately $870 million in 2010.
Judge Breyer scheduled Hussain’s next court appearance for Friday, May 4, 2018, at which time the court will consider conditions for the defendant’s continued release and a schedule for sentencing. The defendant faces a maximum sentence of twenty (20) years in prison, and a fine of $250,000, plus restitution, for the conspiracy count and each of the wire fraud counts. The defendant faces a maximum sentence of twenty-five (25) years in prison, and a fine of $250,000, plus restitution, for the securities fraud count. However, any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Robert S. Leach, Adam A. Reeves, and William Frentzen are prosecuting the case with the assistance of Beth Margen, Phillip Villanueva, Bridget Kilkenny, and Allen Williams. The prosecution is the result of investigations by the FBI and the United States Securities and Exchange Commission.
Former Arkansas State Senator and Representative Pleads Guilty to Conspiracy and BriberyRead the Press Release
LITTLE ROCK—Former Arkansas State Senator and State Representative Henry (Hank) Wilkins IV pleaded guilty today to conspiring to accept over $80,000 in bribes in exchange for influencing Arkansas state legislation and transactions, including steering approximately $245,000 in Arkansas General Improvement funds to his co-conspirators. Wilkins also pleaded guilty to devising a scheme to conceal the bribe payments as donations to St. James United Methodist Church in Pine Bluff, Arkansas, where Wilkins also served as a pastor.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Cody Hiland, United States Attorney for the Eastern District of Arkansas, and FBI Special Agent in Charge Diane Upchurch made the announcement following a hearing before Chief United States District Judge Brian S. Miller.
“By misusing his elected office to line his own pockets, Henry Wilkins undermined the integrity of our political process and abused the public’s trust,” said Acting Assistant Attorney General Cronan. “The Criminal Division is committed to rooting out such corruption and holding those responsible accountable for their actions.”
“Public corruption destroys the trust that is necessary for our republic,” Hiland said. “In this case, the citizens of Arkansas were betrayed by Mr. Wilkins, and elected officials who abuse their position for personal gain must be held accountable for that violation of the public trust. Investigating and prosecuting individuals such as Mr. Wilkins is essential to restoring confidence in elected officials. This office will continue to relentlessly pursue anyone who tries to undermine our system of government.”
Wilkins, 64, of Pine Bluff, who represented Arkansas’s House District 17 as a state Representative from 1999 to 2001 and again from 2011 to 2015, and District 5 in the Arkansas Senate from 2001-2011, pleaded guilty before Judge Miller to an information charging him with one count of conspiracy to commit offenses against the United States, namely honest services fraud and bribery.
As part of his plea, Wilkins admitted that from 2010 to 2014, while serving in the Arkansas General Assembly, he accepted a series of bribes from lobbyists and non-profit organizations that were transmitted both in the form of cash and checks funneled from lobbying firms to a discretionary fund held in St. James’ name where Wilkins had access to the deposited funds. In exchange for the cash and check bribes, Wilkins performed, and agreed to perform, official acts in his capacity as an Arkansas legislator including filing shell bills, sponsoring bills, voting in favor of specific legislation, and steering approximately $245,000 in General Improvement funds to entities that funneled bribes to Wilkins through his church.
“Wilkins took an oath to uphold the law and protect the citizens of Arkansas,” SAC Upchurch said. “Instead, Wilkins betrayed the community he swore to protect. We appreciate the commitment made by our partners, the Public Integrity Section of the Department of Justice and the United States Attorneys’ Offices for the Eastern District of Arkansas, the Western District of Arkansas, and the Western District of Missouri.”
The charge of conspiracy to commit crimes against the United States carries a maximum penalty of not more than five years’ imprisonment, not more than a $250,000 fine, and not more than three years supervised release. Judge Miller will sentence Wilkins at a later date.
The FBI investigated this case. Trial Attorney Marco A. Palmieri of the Criminal Division’s Public Integrity Section, Assistant U.S. Attorneys Stephanie Mazzanti and Patrick C. Harris of the Eastern District of Arkansas, and Ben Wulff of the Western District of Arkansas are prosecuting the case. This is a combined investigation with the Public Integrity Section of the Department of Justice, the Eastern District of Arkansas, Western District of Arkansas, and the Western District of Missouri.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available on-line athttp://www.justice.gov/edar
Plea Agreement Information
Twitter: @EDARNEWSFormer Arkansas State Senator and Representative Pleads Guilty to Conspiracy and BriberyRead the Press Release
Former Arkansas State Senator and State Representative Henry (Hank) Wilkins IV pleaded guilty today to conspiring to accept over $80,000 in bribes in exchange for influencing Arkansas state legislation and transactions, including steering approximately $245,000 in Arkansas General Improvement funds to his co-conspirators, and to devising a scheme to conceal the bribe payments as donations to St. James United Methodist Church in Pine Bluff, Arkansas, where Wilkins also served as a pastor.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Cody Hiland for the Eastern District of Arkansas made the announcement.
Wilkins, 64, of Pine Bluff, Arkansas, who represented Arkansas’s House District 17 as a state Representative from 1999 to 2001 and again from 2011to 2015, and District 5 in the Arkansas Senate from 2001 to 2011, pleaded guilty before Chief U.S. District Judge Brian S. Miller to an information charging him with one count of conspiracy to commit offenses against the United States.
“By misusing his elected office to line his own pockets, Henry Wilkins undermined the integrity of our political process and abused the public’s trust,” said Acting Assistant Attorney General Cronan. “The Criminal Division is committed to rooting out such corruption and holding those responsible accountable for their actions.”
“Public corruption destroys the trust that is necessary for our republic,” said U.S. Attorney Cody Hiland for the Eastern District of Arkansas. “In this case, the citizens of Arkansas were betrayed by Mr. Wilkins, and elected officials who abuse their position for personal gain must be held accountable for that violation of the public trust. Investigating and prosecuting individuals such as Mr. Wilkins is essential to restoring confidence in elected officials. This office will continue to relentlessly pursue anyone who tries to undermine our system of government.”
As part of his plea, Wilkins admitted that from 2010 to 2014, while serving in the Arkansas General Assembly, he accepted a series of bribes from lobbyists and non-profit organizations that were transmitted both in the form of cash and checks funneled from lobbying firms to a discretionary fund held in St. James’ name where Wilkins had access to the deposited funds. In exchange for the cash and check bribes, Wilkins performed, and agreed to perform, official acts in his capacity as an Arkansas legislator including filing shell bills, sponsoring full bills, voting in favor of specific legislation, and steering approximately $245,000 in General Improvement funds to entities that funneled bribes to Wilkins through his church.
The FBI investigated this case. Trial Attorney Marco A. Palmieri of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Stephanie Mazzanti and Patrick C. Harris of the Eastern District of Arkansas and Ben Wulff of the Western District of Arkansas are prosecuting the case. This is a combined investigation with the Public Integrity Section of the Department of Justice, the Eastern District of Arkansas, Western District of Arkansas, and the Western District of Missouri.
Fifth Nigerian Co-Conspirator Sentenced to Federal Prison in Nationwide Identity Theft and IRS Tax Fraud SchemeRead the Press Release
EUGENE, Ore. – On April 30, 2018, U.S. District Court Judge Ann Aiken sentenced Oluwamuyiwa Abolad Olawoye, 32, a Nigerian citizen and recent resident of Georgia, to 108 months in federal prison for his role in a conspiracy to commit mail and wire fraud and aggravated identity theft. Olawoye’s sentence includes a two-year mandatory minimum for possessing or using a victim’s identity to commit fraud. He was also ordered to pay more than $3.2 million in restitution and will be subject to deportation when released from prison.
Four other co-conspirators, Oluwaseunara Osanyinbi, Oluwatobi Dehinbo, Lateef Animawun and Michael Kazeem, previously received federal prison sentences for their roles in the same conspiracy. In August 2017, the conspiracy’s leader, Emmanuel Kazeem, was convicted by a federal jury of 19 counts of mail and wire fraud, aggravated identity theft, and conspiracy to commit mail and wire fraud and will be sentenced on May 17, 2018.
IRS agents recovered over 111,000 stolen taxpayer identities from Olawoye’s email and instant messenger accounts. More than 13,000 identities were from an Oregon company’s database that included over 5,500 Oregon residents. Olawoye received the database identities directly from Kazeem and obtained thousands of additional stolen identities from other unknown sources. In total, Olawoye was linked to more than 1,300 fraudulent federal tax returns seeking over $11.5 million. A review of his email account showed he wired over $387,000 in tax refund proceeds overseas.
This case results from a joint investigation by IRS-Criminal Investigation, the U.S. Department of Health and Human Services Office of Inspector General, the Federal Bureau of Investigation, and Homeland Security Investigations with support provided by the Department of Treasury, Inspector General for Tax Administration, the U.S. State Department, and the Oregon Department of Revenue Policy and Systems Unit. The case is being prosecuted by Byron Chatfield and Gavin Bruce, Assistant U.S. Attorneys for the District of Oregon.
Fifth Federal Inmate at Fort Dix Admits Possessing Images and Videos of Child Sexual Abuse While in PrisonRead the Press Release
CAMDEN, N.J. – A Fredericksburg, Virginia, man today admitted possessing images of child sexual abuse while imprisoned at Federal Correctional Institution Fort Dix for a previous offense involving the distribution of child pornography, U.S. Attorney Craig Carpenito announced.
Jacob S. Good, 26, pleaded guilty before Senior U.S. District Judge Joseph H. Rodriguez in Camden federal court to an information charging him with one count of possession of child pornography.
According to documents filed in this case and statements made in court:
Good admitted that he possessed a micro SD Card which contained numerous images of child pornography, some of which depicted prepubescent children. In connection with his plea, Good also admitted that he used a smart phone and access to the dark web to view and possess child pornography.
Good and seven other inmates were arrested in April 2017 and February 2018 following an FBI investigation involving multiple covert recordings and several cooperating inmates. The investigation revealed that Good and other inmates utilized contraband cellphones, micro SD cards, and access to the internet to obtain, view, and distribute child pornography within the prison. A co-defendant organized and helped facilitate this criminal activity by maintaining cloud accounts that were used as repositories for child pornography.
At sentencing, Good faces a mandatory minimum term of 10 years in prison and a lifetime of supervised release. Sentencing is scheduled for Aug. 7, 2018.
Four other inmates – Erik M. Smith, 36, of Iron Mountain, Michigan, Anthony C. Jeffries, 32, of Orange, Virginia, Jordan T. Allen, 31, of Plain City, Ohio, and Brian J. McKay, 47, of Brookhaven, Pennsylvania – have also pleaded guilty to possession of child pornography and await sentencing.
Charges remain pending against Christopher D. Roffler, 30, of Virginia Beach, Virginia; William H. Noble, 52, of Lowell, Massachusetts; and Charles Wesley Bush, 38, of Knoxville, Tennessee, all of whom were serving sentences for prior child pornography offenses while committing the alleged crimes in this case. The pending charges and allegations are merely accusations, and these defendants are presumed innocent unless and until proven guilty.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation. He also thanked officials of the Bureau of Prisons at Federal Correctional Institution Fort Dix for their assistance.
The government is represented by Assistant U.S. Attorneys Gabriel J. Vidoni and Alyson M. Oswald of the U.S. Attorney’s Office’s Criminal Division in Camden.
Defense counsel: David M. Simon, Esq., Camden
Felon from San Juan County Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Romualdo Munoz, 37, of Bloomfield, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by being a felon in possession of firearms and ammunition.
Munoz was arrested in Jan. 2018, on an indictment charging him with being a felon in possession of a firearm and ammunition on May 30, 2017, in San Juan County, N.M. According to the indictment, Munoz was prohibited from possessing firearms or ammunition because of his prior felony convictions for possession of a controlled substance, receiving stolen property, aggravated fleeing from a law enforcement officer, and being a felon in possession of a firearm or destructive device.
During today’s proceedings, Munoz pled guilty to the indictment charging him with being a felon in possession of a firearm and ammunition. In entering the guilty plea, Munoz admitted that on May 30, 2017, law enforcement officers found a firearm and multiple rounds of ammunition inside Munoz’s vehicle during a consensual search. Munoz further admitted that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
At sentencing, Munoz faces a maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the HIDTA Region II Task Force. Assistant U.S. Attorney Peter J. Eicker is prosecuting the case.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of 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.
Federal, State, and Local Law Enforcement Officials Announce Results of Project Safe Neighborhoods Initiative to Fight Violent Crime in Yellowstone CountyRead the Press Release
Yellowstone County PSN Fact Sheet BILLINGS – Today, United States Attorney Kurt Alme and Yellowstone County Attorney Scott Twito announced the preliminary results of collaborative efforts to reduce violent crime in Yellowstone County under the Project Safe Neighborhoods initiative, including the court appearances and arrests of 17 subjects facing federal or state charges for armed robbery, trafficking methamphetamine, and illegally possessing firearms.Last fall, United States Attorney General Jeff Sessions directed all United States Attorneys to reinvigorate the Department of Justice initiative known as Project Safe Neighborhoods to reduce violent crime in communities. Since that time, federal, state, and local law enforcement agencies launched a Project Safe Neighborhoods initiative for Yellowstone County. Participating agencies include the Billings and Laurel Police Departments; Yellowstone County Sheriff’s Office; Montana Department of Justice Highway Patrol and Division of Criminal Investigation, Montana Department of Corrections Probation and Parole Division, U. S. Marshal’s Service, U.S. Alcohol Tobacco and Firearms, Drug Enforcement Administration, Federal Bureau of Investigations, and Homeland Security Investigations. The initiative also calls for prosecutors from the Yellowstone County Attorney’s Office, Montana Department of Justice Prosecution Services Division and the U. S. Attorney’s Office to prosecute defendants in both state and federal courts.
“As I said in Billings on Friday, Project Safe Neighborhoods is proven to work,” Attorney General Sessions said. “Under PSN, I've directed our U.S. Attorneys to target the most violent criminals in the most high-crime areas, and to work with people in the community to develop a customized crime-reduction plan. That's exactly what U.S. Attorney Kurt Alme has done in Yellowstone county and across Montana. I want to thank him, our federal agents, and all of our fabulous state and local law enforcement partners who have made this initiative a success for the people of Montana. This initiative is more proof that this local, community-based model really works.”
County Attorney Twito said: “The message of Project Safe Neighborhoods is clear, if you commit armed robbery, push methamphetamine or commit a firearms offense, you will be arrested and you will be prosecuted to the full extent of the law.”
A second part of the Project Safe Neighborhoods initiative is to support methamphetamine substance abuse prevention and treatment. Attorney General Tim Fox, whose office is implementing the AID Montana initiative, stated, “Combating the effects of Montana’s growing substance abuse crisis will take comprehensive and collaborative efforts across the state. I want to thank U.S. Attorney Alme, Chief St. John, County Attorney Twito and Sheriff Linder for their incredible work in Yellowstone County to crack down on violent crime. My office’s Aid Montana initiative will continue to strategically target all aspects of substance abuse in our state, and I look forward to what we will accomplish.”
U. S. Attorney Alme said: “In addition to violent crime, meth is causing our jails to fill, overwhelming our foster care system, overcrowding our treatment facilities, burdening our hospitals, and leaving many in our community with little more than addiction. All of us in law enforcement want to support the drug courts, probation offices, treatment facilities, schools, health and mental health care facilities, foster care providers, drug prevention groups and other governmental and community organizations in creating a community response to address this problem. Our goal is to help keep our community safe by supporting those who keep people from using methamphetamine and help users become sober.”
According to the FBI’s Uniform Crime Reports, violent crime in Montana is up almost 35 % through 2016 from its low in 2010. According to data from the Billings Police Department, violent crime in Billings increased 75 % from 2010 through 2017. Violent crimes include murder, rape, robbery and aggravated assault.
In response, last month, federal, state and local law enforcement began a concerted effort in Yellowstone County to arrest armed robbers, methamphetamine dealers and traffickers, and felons and other prohibited persons not allowed to possess firearms under federal law.
The following suspects have recently been arrested under the Project Safe Neighborhoods Yellowstone County initiative and have appeared in federal and state courts on the following charges:
- Christopher Alan Esrey, 31, from Billings, for robbery;
- Dante King, 35, from Oakland, California, for possession of a firearm by a prohibited person;
- Dustin Houston, 35, from Billings, for trafficking methamphetamine and carrying or possessing a firearm;
- Maurice Joseph Fregia, AKA Frosty, 31, from Manteca, California, for trafficking methamphetamine;
- Chad Allen Beres, 31, from Manteca, California, for trafficking methamphetamine;
- Daniel Ellis Pappas, 51, from Billings, for trafficking methamphetamine;
- Molly May Fogle, 19, from Billings, for trafficking methamphetamine;
- John Cameron Swift 51, from Billings, for trafficking methamphetamine and carrying a gun;
- Scott Allen Wortman, 46, from Billings, for trafficking methamphetamine and heroin, and carrying a gun;
- Brian Pretty Weasel, 29, from Billings, for possession of a firearm by a prohibited person;
- Lance Ratcliff, 32, from Natrona County Wyoming, for possession of a firearm by a prohibited person;
- Lionel Duane Bennett, 54, from Billings, for trafficking methamphetamine and carrying a firearm;
- Joshua Allen Kroll, 37, from Billings, for endangering the welfare of a child and trafficking and possessing multiple controlled substances including methamphetamine, cocaine, oxycodone, hashish, mushrooms, marijuana, zolpidem, methylphenidate, diazepam, tramadol, and temazepam;
- Tabitha Lydia Marie Delao, 34, for endangering the welfare of a child and trafficking and possessing multiple controlled substances including methamphetamine, cocaine, oxycodone, hashish, mushrooms, marijuana, zolpidem, methylphenidate, diazepam, tramadol, and temazepam.
In addition, the United States Marshal’s Violent Crime Task Force has arrested three additional subjects on Yellowstone County warrants related to Project Safe Neighborhood offenses, i.e., those involving methamphetamine trafficking, armed robbery, or various federal gun crimes.
All defendants are presumed innocent unless and until proven guilty.
U.S. Attorney Alme thanked all of the members Project Safe Neighborhoods – Yellowstone County for their work to make the community safer.
Environment and Natural Resources Division Releases Accomplishments Report for FY2017Read the Press Release
Today, the Department of Justice’s Environment and Natural Resources Division (ENRD) released its Accomplishments Report for Fiscal Year (FY) 2017. The report, which is published annually by ENRD, highlights the division’s strong enforcement of our nation’s environmental laws, defense of government programs that strengthen the country’s energy independence and national security, and close collaboration with states and tribes.
“It has been a true honor and privilege to serve as the Acting Assistant Attorney General for the Environment and Natural Resources Division (ENRD) since January 2017, under the leadership of Attorney General Jeff Sessions and alongside the extraordinary public servants of the division,” said Acting Assistant Attorney General Jeffrey H. Wood. “ENRD is a powerful force for good in our country — both through our enforcement of the environmental laws to protect clean land, clean air, clean water, and wildlife, and our defense of the rule of law and good governance by the federal agencies that ENRD represents.”
This year, ENRD focused on several key objectives: vigorously enforcing the environmental laws of the United States; promoting energy independence and economic growth by reducing regulatory burdens and supporting infrastructure development; strengthening national security; promoting cooperative federalism by partnering with states and tribes; and responsibly protecting taxpayer dollars.
In 2017, ENRD obtained a number of court orders requiring responsible parties to clean up hazardous waste and to reimburse the government for cleanups conducted by federal agencies. The division also concluded landmark civil and criminal cases against Volkswagen AG, which used “defeat devices” to cheat our air emissions laws. The division also continued to work with federal and state partner agencies to investigate other possible bad actors in the auto industry and to bring similar violators to justice.
Among other successes this year, ENRD secured the largest-ever penalty for crimes involving deliberate vessel pollution — $40 million — against Princess Cruise Lines, a subsidiary of the world’s largest cruise company. In another settlement announced in early 2018 (FY2018), the division required Denver-based PDC Energy to spend approximately $19.7 million to reduce emissions of volatile organic compounds from 650 tank batteries and pay a $2.5 million civil penalty. The division also negotiated the cleanup of 94 abandoned uranium mines on Navajo Nation lands. In addition, the division criminally prosecuted more than 20 wildlife traffickers who harmed protected species.
The change in administration also brought changes in policy priorities for the agencies that the division represents. Through its representation of the United States in legal challenges to new policy initiatives at partner agencies such as the Environmental Protection Agency (EPA), the Department of Interior (DOI), the Department of Defense, and the Department of Homeland Security, the division has played a critical role in paving the way for investments in infrastructure and energy security projects that will strengthen the U.S. economy, as well as facilitating more robust border control and military operations to protect our national security. For example, ENRD defended the federal permits issued for several energy infrastructure projects, including the Dakota Access Pipeline (which is now operational), and has resolved a number of critical cases to acquire land for improved border protection and for expansion or development of military installations.
The Trump Administration is undertaking an ambitious agenda of regulatory reform, and ENRD supports this effort by advising partner agencies, including EPA and DOI, on high-priority rulemakings and ensuring the effective defense of regulatory actions in court. The division also is managing a number of cases challenging agency regulations promulgated under previous administrations that are under review pursuant to President Trump’s Executive Orders. Notable examples are challenges to the Clean Power Plan and the Clean Water Rule.
“Our aim at ENRD is to avoid unnecessary litigation, support the integrity of the administrative process, and conserve the resources of the courts, the agencies, and other litigants, while also defending the rightful prerogative of the Administration to review the costs and benefits of regulations and to chart a new direction where appropriate,” Acting Assistant Attorney General Wood added.
In FY2017, ENRD worked on 3,943 cases and matters, while maintaining a robust docket of nearly 7,000 cases and matters. In addition, ENRD obtained over $4.8 billion in civil and criminal fines, penalties, and costs recovered, and the estimated value of federal injunctive relief obtained — clean-up and pollution prevention actions funded by private parties — exceeded $18.7 billion. ENRD also saved the government an estimated $360 million in the successful defense of claims brought against the government. The division is also implementing recent policy directives by the Attorney General, including restrictions on third party payments in settlement agreements.
The report also recognizes the important contributions of ENRD’s front office leadership: Deputy Assistant Attorneys General Jean Williams, Bruce Gelber, Eric Grant, and Jonathan Brightbill, as well as Counsel and Chief of Staff Corinne Snow.
Connecticut Woman Charged with Enticing a Minor and Traveling to Pennsylvania for a Sexual EncounterRead the Press Release
Sarah Norton, 38, of Jewett City, Connecticut, was charged by indictment April 26 with enticing a minor and traveling to engage in illicit sexual conduct with a minor, announced United States Attorney William M. McSwain.
The indictment alleges that, via the internet, the defendant tried to persuade an individual whom she believed was 14 years old to engage in sexual activity, and that she traveled to Pennsylvania to pursue a sexual encounter.
If convicted the defendant faces a maximum possible sentence of lifetime incarceration, a mandatory minimum ten years imprisonment, a mandatory minimum five years supervised release up to lifetime supervised release, a $500,000 fine, a $10,200 in special assessments.
The case was investigated by the Upper Macungie Police Department and the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Sherri A. Stephan.
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 United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Columbia Man Pleads Guilty to Investment FraudRead the Press Release
JEFFERSON CITY, Mo. – A Columbia, Mo., man pleaded guilty in federal court today to an investment fraud scheme.
Billings Chapman, 78, of Columbia, pleaded guilty before U.S. Magistrate Judge Willie J. Epps, Jr., to one count of mail fraud and one count of money laundering.
Chapman owned an interest in CheckmarcUSA, LLC, a company formed to provide bad check collection services to banks. He also owned Federal Financial Services, LLC (FFS), which he used to solicit investors.
By pleading guilty today, Chapman admitted that he engaged in a scheme from May 26, 2011, to April 30, 2014, to defraud investors by making materially false representations and using investment funds for his own personal benefit. Chapman guaranteed monthly payments to investors and misrepresented to investors his financial condition and the financial condition of FFS. Chapman falsely claimed that large numbers of banks had signed up for CheckmarcUSA’s services and that FFS was accruing substantial income as a result.
Chapman did not tell investors that he had been barred from engaging in the securities industry in 1970 by the National Association of Securities Dealers, or that he had been issued cease and desist orders in 1991 and in 2004 from the Missouri Commissioner of Securities for engaging in fraudulent or illegal practices in the securities business. Chapman, who was not registered to sell securities in Missouri, used investor money for his own personal gain and to make payments to prior investors.
The money laundering charge to which Chapman pleaded guilty is related to the transfer of $100,000 that was derived from the fraud scheme.
Under federal statutes, Chapman is subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Jim Lynn. It was investigated by the FBI.
Buffalo Man Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shawn Incornaia, 31, of Buffalo, NY, who was convicted of possession of firearms in furtherance of drug trafficking activity and possession with intent to distribute heroin, was sentenced to 41 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on March 5, 2015, the Buffalo Police Department executed a search warrant at the defendant’s Herkimer Street residence. During the search, officers recovered four firearms, 12 grams of heroin, drug paraphernalia, and a $1,000 in cash. Incorvaia was arrested at the scene.
The sentencing is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.
Bergen County, New Jersey, Man Who Travelled Overseas to Join ISIS Sentenced to 10 Years in PrisonRead the Press Release
NEWARK, N.J. – A Rutherford, New Jersey, man was sentenced today to 120 months in prison for conspiring to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, U.S. Attorney Craig Carpenito, Assistant Attorney General for National Security John C. Demers, and Special Agent in Charge Gregory W. Ehrie of the FBI’s Newark Division announced.
Nader Saadeh, 23, previously pleaded guilty before U.S. District Judge Susan D. Wigenton to an information charging him with one count of conspiring with others to provide material support to ISIS. Judge Wigenton imposed the sentence today in Newark federal court.
“Saadeh traveled overseas for the sole purpose of joining and fighting for ISIS, an international terrorist organization that has repeatedly taken and threatened to take the lives of our citizens and allies all over the world,” U.S. Attorney Carpenito said. “Thanks to the intervention of the FBI-Newark Joint Terrorism Task Force and federal prosecutors on this case, Saadeh’s criminal aspirations were never realized. Instead of joining ISIS’ ranks, he will spend the next several years in prison.”
“ISIS is a threat to the people of the United States, both here and abroad, and the National Security Division will aggressively investigate and prosecute all who seek aid it,” said Assistant Attorney General Demers. “I applaud the dedication of the agents at the FBI and the Newark Joint Terrorism Task Force and the prosecutors here at the Department of Justice, who together thwarted the defendant’s attempt to fight for ISIS against the U.S. and its allies.”
"I want to commend the work of the FBI's Joint Terrorism Task Force investigators and prosecutors in the U.S. Attorney's office who worked countless hours throughout this investigation to protect the community in their execution of the FBI's Counterterrorism strategy to detect, penetrate, and disrupt potential acts of terrorism in the United States and abroad," stated Newark FBI Special Agent in Charge Gregory W. Ehrie.
According to documents filed in this and related cases and statements made in court:
Saadeh admitted that prior to his arrest on Aug. 10, 2015, by the FBI-Newark Joint Terrorism Task Force (JTTF), he planned to travel overseas to join ISIS along with others. Saadeh discussed his plans to join ISIS with his brother, Alaa Saadeh, Samuel Rahamin Topaz, Munther Omar Saleh, and Fareed Mumuni, and admitted that at various times each of them indicated that they wanted to join ISIS. Saadeh also admitted that he and these other men watched ISIS-related videos, some of which depicted the execution of individuals – both Muslim and non-Muslim – regarded by ISIS as enemies.
On May 5, 2015, Saadeh departed the United States with plans to travel overseas to join ISIS in furtherance of the conspiracy, according to his statements in court. Saadeh admitted that once he reached ISIS-controlled territory he intended to fight on behalf of ISIS. Saadeh further admitted that Saleh assisted him by giving him a contact who would facilitate his travel from Turkey to ISIS in Syria.
Saadeh admitted that prior to his departure from the United States Saleh showed him technical drawings for making homemade bombs. Saadeh admitted that Saleh and Mumuni discussed plans to carry out an attack in ISIS’ name using homemade bombs at locations in New York City, including Times Square, the World Trade Center, and Vaughn College of Aeronautics and Technology, in Queens, New York.
Saadeh admitted knowing that ISIS was a designated terrorist organization and was taking over territory overseas, expelling non-Muslims from their homes, and executing individuals who did not obey ISIS’ commands.
In addition to the prison term, Judge Wigenton sentenced Saadeh to a lifetime of supervised release.Topaz and Alaa Saadeh have also pleaded guilty to conspiring to provide material support to ISIS. Alaa Saadeh was sentenced to 15 years in prison on May 10, 2016. Topaz is set to be sentenced May 1, 2018. Saleh and Mumuni have both pleaded guilty to related charges brought by the U.S. Attorney’s Office for the Eastern District of New York. Saleh was sentenced to 18 years in prison on Feb. 6, 2018. Mumuni was sentenced to 17 years in prison on April 26, 2018.
U.S. Attorney Carpenito and Assistant Attorney General Demers credited special agents of the FBI, under the direction of Special Agent in Charge Ehrie in Newark, and the Newark Joint Terrorism Task Force with the investigation. The JTTF is comprised of agents and officers from the U.S. Department of Homeland Security’s Homeland Security Investigations, Bergen County Prosecutor’s Office, Passaic County Prosecutor’s Office, New Jersey State Police, Paterson Police Department, and New York City Police Department, among other federal, state, and local law enforcement agencies.
The government is represented by Assistant U.S. Attorneys Dennis C. Carletta and Francisco J. Navarro of the U.S. Attorney’s Office National Security Unit in Newark, with assistance from Trial Attorneys Justin Sher and Robert Sander of the National Security Division’s Counterterrorism Section.
Defense counsel: Frank P. Arleo Esq., West Orange, New Jersey
Bedford man sentenced to more than six years in prison for bank fraud and identity theftRead the Press Release
A Bedford man was sentenced to more than six years in prison for defrauding banks by creating counterfeit checks.
Jasaun R. Mattice, 35, was sentenced to 79 months in prison by U.S. District Judge Donald C. Nugent. Mattice pleaded guilty earlier this year to 44 counts, including conspiracy to commit bank fraud, aggravated identity theft, bank fraud and other crimes.
Mattice defrauded several banks out of more than $40,000 by obtaining check routing numbers from various businesses and individual bank accounts without their permission. He used this information to create fraudulent or counterfeit checks, which he made payable to himself or to businesses he controlled.
This case was prosecuted by Assistant U.S. Attorneys Michelle Baeppler and James Lewis following an investigation by FBI.
Barbour County man sentenced for role in a methamphetamine distribution operationRead the Press Release
ELKINS, WEST VIRGINIA – Austin Jay Robinson, of Belington, West Virginia, was sentenced today to 51 months incarceration for his participation in a methamphetamine distribution operation, United States Attorney Bill Powell announced.
Robinson, 19, pled guilty to one count of “Possession with Intent to Distribute Methamphetamine-Aiding and Abetting” in November 2017. Robinson admitted to conspiring with others to distribute methamphetamine in Randolph County in April 2017.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives, The Mountain Region Drug & Violent Crime Task Force, the Greater Harrison Drug &Violent Crime Task Force, a HIDTA-funded initiative, the West Virginia State Police, Upshur County Sheriff’s Office, Lewis County Sheriff’s Office, the Buckhannon Police Department, and the Weston Police Department investigated.
U.S. District Judge John Preston Bailey presided.
Baltimore BGF Gang Member Sentenced to Life in Prison for Federal Racketeering, Drug Conspiracy, and Murder ChargesRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – United States District Judge James K. Bredar sentenced Gerald Thomas Johnson, a/k/a “Geezy,” age 35, of Baltimore, Maryland, to life in prison for conspiring to participate in a violent racketeering enterprise known as the Black Guerilla Family (BGF) gang’s Greenmount Avenue Regime. Johnson was convicted by a federal jury of conspiring to violate federal racketeering and drug trafficking laws, as well as conspiracy to commit murder in aid of racketeering, murder in aid of racketeering, possession of ammunition by a felon, and possession with intent to distribute crack cocaine.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Daniel L. Board, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Commissioner Darryl DeSousa of the Baltimore Police Department; Maryland Attorney General Brian E. Frosh; and Baltimore City State’s Attorney Marilyn Mosby.
According to the evidence presented at the two-month trial, Johnson was the leader of an organization known today as the BGF Greenmount Avenue Regime, a violent set, or “bubble,” of BGF. During the early years in which it operated, the gang called itself the Young Guerilla Family, or YGF, and consisted mostly of younger people who lived in the 2200, 2300, and 2400 blocks of Barclay Street and Guilford Avenue. YGF members sold drugs throughout the Greenmount Avenue corridor and committed murders, shootings, and armed robberies.
In about mid-2007, YGF members took the BGF oath and became the BGF Greenmount Regime. According to evidence presented at trial, the BGF Greenmount Regime continued to sell drugs and commit violent acts, including murders, shootings and robberies, and by mid-2013 controlled the roughly rectangular area bordered by Greenmount Avenue to the east; Guilford Avenue to the west; 25th Street to the north; and Federal Street to the south, as well as certain offshoots east of Greenmount Avenue, including Mund Park and Cokesbury Avenue.
Between 2005 and 2017, the BGF Greenmount Avenue Regime and its members were responsible for seven murders; three non-fatal shootings; more than 10 armed robberies; and over 12 years of street-level drug dealing.
In his capacity as a leader of BGF, Johnson supplied his fellow gang members with powder and crack cocaine, as well as heroin, ecstasy, marijuana and oxycodone, for further distribution on the street. He also distributed narcotics himself.
Johnson also ordered the commission of multiple acts of violence, including two murders. First, in January 2007, he ordered the murder of Gregory Rochester, a/k/a “Craig Mack,” because Rochester was rumored to be cooperating with law enforcement and because Johnson suspected that Rochester had stolen drugs from the gang. On January 9, 2007, YGF members Kenneth Jones, a/k/a “Slay,” and Charles Pace, a/k/a “Foo,” carried out Johnson’s directive and murdered Rochester inside an apartment building in the 200 block of East 25th Street.
Second, in April 2013, Johnson ordered the murder of Moses Malone. Johnson authorized the murder after learning that Malone had provided information to Baltimore City Police detectives regarding a robbery and shooting committed by BGF member Norman Handy. Malone was the victim of that shooting. During his interview with police detectives, Malone had picked Handy out of a photo array as the person who shot him. On May 2, 2013, BGF member Wesley Brown carried out Johnson’s directive and murdered Malone in the 600 block of Cokesbury Avenue.
Prior to his conviction in this case, Johnson was acquitted of gang-related offenses following a jury trial in the Circuit Court for Baltimore City.
The following eight co-defendants, also members of the BGF gang, have all previously pleaded guilty or were found to be guilty of conspiring to violate federal racketeering and drug trafficking laws;
Joseph Laurence Bonds, a/k/a/ Joe, a/k/a Yo Gotti, age 36; Wesley Jamal Brown, a/k/a Shike White a/k/a Wes, age 25; Kenneth Lee Faison, a/k/a Roscoe, age 28; Norman Tyrone Handy, a/k/a Lil Norm, a/k/a Norm, age 23; Montel Harvey, a/k/a Telly, a/k/a Telephone, a/k/a Big Head, age 26; David Albert Hunter, a/k/a Lil Dave, a/k/a Dave, age 31; Kenneth Jones, a/k/a, K-Slay, a/k/a Slay, age 30; and Marquise McCants, a/k/a Digga, age 25.
United States Attorney Robert K. Hur commended the ATF, FBI, the Baltimore Police Department, the Maryland Attorney General’s Office, and the Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Peter J. Martinez and Christina Hoffman, who prosecuted the case.
Asbury Park Doctor Admits Illegally Distributing Steroids, Possessing MarijuanaRead the Press Release
TRENTON, N.J. – A doctor with offices in Asbury Park and Brooklyn today admitted unlawfully distributing prescriptions for anabolic steroids and for possessing marijuana with intent to distribute, U.S. Attorney Craig Carpenito announced.
Kevin Custis, 53, of Belle Mead, New Jersey, pleaded guilty before Judge Peter G. Sheridan in Trenton federal court to an information charging him with one count of distributing anabolic steroids and one count of possessing marijuana with intent to distribute.
According to documents filed in this case and statements in court:
In 2016 and 2017 Custis wrote and delivered numerous prescriptions for various types of anabolic steroids to two patients. He admitted that he knew these prescriptions were not for the treatment of any actual medical condition, but were solely for muscle enhancement, beauty, and muscle building and fitness competitions.
When agents and investigators from the Drug Enforcement Agency searched his home on June 14, 2017, they found more than four kilograms of marijuana and more than 150 grams of tetrahydrocannobinal oil. Custis admitted that he intended to distribute these substances and that he had no authority under any federal or state law or regulation to do so. Custis also admitted that he prepared marijuana products for patients in his home kitchen.
The count of distributing anabolic steroids carries a maximum sentence of 10 years in prison and a $500,000 fine. The count of possessing marijuana carries a maximum sentence of five years in prison and a $250,000 fine. Sentencing is scheduled for Aug. 9, 2018.
U.S. Attorney Carpenito credited investigators for the DEA, under the direction of Special Agent in Charge Valerie A. Nickerson; officers of the Port Authority of New York and New Jersey-Office of the Inspector General, under the direction of Michael Nestor; and the N.J. Division of Consumer Affairs, under the direction of Acting Director Kevin Jespersen, with the investigation leading to today’s guilty plea.
The government is represented by Senior Litigation Counsel David E. Malagold of the U.S. Attorney’s Office Criminal Division.
Defense counsel: Rubin Sinins, Esq., Springfield, New Jersey
Armed Robbers Sentenced in OrlandoRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Bakari McCant (26, Orlando) to 32 years in federal prison for committing armed robberies at two Orlando-area Walmart Neighborhood Markets, for conspiring and attempting to commit a third armed robbery at a Walmart Neighborhood Market in Kissimmee, for possessing a firearm as a convicted felon, and for brandishing and possessing firearms during crimes of violence. He was found guilty on January 29, 2018, following a bench trial. In addition, Jarvis Wingster (28, Ocoee) and DeAndre Brewer (26, Orlando) were sentenced to 8 years’ imprisonment and 7 years and 1 month in federal prison, respectively, for their participation in the attempted armed robbery in Kissimmee and for possessing firearms in furtherance of that crime. They pleaded guilty on January 5, 2018.
According to court documents, shortly after midnight on June 2, 2017, McCant and two accomplices robbed the Walmart Neighborhood Market on Clarcona Ocoee Road in Orlando. On July 31, 2017, at approximately 3 a.m., McCant and two accomplices robbed the Walmart Neighborhood Market on South Orange Avenue in Orlando. During each of the robberies, McCant and one accomplice forced one or two employees into the cashier room at gunpoint and stole cash from the safe while another accomplice held the customers and remaining employees at gunpoint at the front of the store. During the first robbery, McCant fired a shot in the direction of an employee. He and his accomplices also displayed firearms and wore masks and gloves to conceal their identities during each of the robberies. In total, McCant and his accomplices stole more than $98,000 during these robberies.
In addition, shortly before midnight on August 16, 2017, law enforcement officers intercepted McCant, Wingster, and Brewer as they attempted to carry out an armed robbery at the Walmart Neighborhood Market on East Osceola Parkway in Kissimmee. At that time, they were each in possession of a firearm, mask, and gloves, which they intended to use to complete the robbery.
This case was investigated by the Federal Bureau of Investigation, the Orange County Sheriff’s Office, the Osceola County Sheriff’s Office, and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.
Arizona Man Pleads Guilty to Federal Methamphetamine ChargeRead the Press Release
HUNTINGTON, W.Va. – An Arizona man who took part in a methamphetamine conspiracy in March of 2017 pled guilty today to a federal drug charge in Huntington, announced United States Attorney Mike Stuart. Rigoberto Fernandez, Jr., 29, entered his guilty plea to conspiracy to distribute 50 grams or more of methamphetamine. United States Attorney Stuart commended the work of the Huntington FBI Drug Task Force and the United States Postal Inspection Service.
“If it fits, it ships,” said United States Attorney Mike Stuart. “But these drug suppliers need to take note that if it fits and ships illegal drugs into West Virginia, we’ll see if we can fit and ship them directly to a prison cell.”
Between March 10, 2017, and March 13, 2017, Fernandez conspired to distribute methamphetamine that was shipped from California to West Virginia. During that period, a confidential informant arranged to purchase 1 pound of methamphetamine from a source in Huntington. The confidential informant was instructed to transferred payment for the drugs to Fernandez in California. The informant also provided Fernandez an address where the drugs were to be shipped. After receiving the payment, Fernandez mailed the drugs from the United States Post Office in Carson, California to the address provided by the informant. Agents seized the package and it was found to contain over 440 grams of methamphetamine. A forensic chemist later analyzed the methamphetamine and found it to be 98% pure.
Fernandez faces a mandatory minimum 10 years and up to life in federal prison when he is sentenced on August 6, 2018.
Assistant United States Attorney Joseph F. Adams is responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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April Grand JuryRead the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 27 indictments charging 31 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.
* Ada Argueta, age 46, of Los Angeles, California, is charged with conspiracy to distribute 500 grams or more of methamphetamine beginning on or about February 3, 2017, and continuing to on or about February 5, 2017. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, 5 year term of supervised release, and a $100 special assessment.
* Diego Cruz Calderon, age 35, is charged with illegal reentry after deportation following a felony conviction on or about April 6, 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.
* Mark Davis, age 46 of Omaha, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine (actual) on or about January 28, 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 using, carrying, or possessing a firearm in connection with a drug trafficking crime on or about January 28, 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. Count III of the Indictment charges the defendant with felon in possession of a firearm on or about January 28, 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.
* Philip Debandt, age 49, is charged in a two-count Indictment. Count I charges the defendant with conspiracy to distribute 100 kilograms, or more of marijuana beginning on or about March, 2016, and continuing to on or about March 30, 2018. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, NLT 4 year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to distribute 100 kilograms or more of marijuana on or about March 30, 2018. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, NLT 4 year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about March 30, 2018.
* Abad Ernesto Diaz-Gomez, age 19, of Scotts Bluff, Nebraska is charged with illegal reentry after deportation on or about February 18, 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.
* Joshua Z. Dortch , age 27, of Omaha, and Anwar A. Hunt, age 37, of Omaha, are charged in a two-count Indictment. Count I of the Indictment charges the defendants with Interference with Commerce by Robbery on or about March 23, 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. Count II of the Indictment charges the defendants with brandishing a firearm during a crime of violence on or about March 23, 2018. The maximum possible penalty if convicted is Life consecutive years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Ebony L. Douglas, age 31, of Auburn, California, is charged with possession with intent to distribute 50 kilograms or more of marijuana on or about December 20, 2017. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Marvin Flores Dias, age 34, of Lincoln, is charged with illegal reentry after deportation on or about April 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.
* Felice Michael Giorgetti, age 38, of Baltimore, Maryland, and Robert Patrick Rahon, age 27, of Sacramento, California are charged with possession with intent to distribute 100 kilograms or more of marijuana on or about January 10, 2018. The maximum possible penalty if convicted is NLT 5 years imprisonment, NMT $5,000,000 fine, NLT 4 year term of supervised release, and a $100 special assessment.
* Noe Luna Vasquez, age 32, of Omaha, is charged with illegal reentry after deportation following a felony conviction on or about April 10, 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.
* Christopher McNatt, age 25, is charged with felon in possession of a firearm on or about December 12, 2017. 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.
* Sergio Medina-Renteria, age 49, of Holdrege, Nebraska, is charged with illegal reentry after deportation on or about January 25, 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.
* Heriberto Pineda Pastrana, age 33, of Omaha, is charged with illegal reentry after deportation on or about February 18, 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.
* Daniel A. Rodriguez Portillo, a/ka/ Flaco, age 33, of Lincoln, is charged with conspiracy to distribute 500 grams or more of methamphetamine beginning on or about December 1, 2016, and continuing to on or about August 16, 2017. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment.
* Miguel Ramirez, age 24, of Grand Island, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about February 26, 2018. The maximum possible penalty if convicted is Life imprisonment, $8,000,000 fine, NLT 8 year term of supervised release, and a $100 special assessment.
* Oscar Ramos-Garcia, age 35, of Omaha, is charged with illegal reentry after deportation on or about March 30, 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.
* Javier Reynoso Flores, age 26, of Coachella, California, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about February 14, 2018. The maximum possible penalty if convicted is Life imprisonment, $5,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment.
* Angelo Russell, age 37, of Walthill, Nebraska, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with assault with a dangerous weapon, with intent to do bodily harm, on or about February 11, 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. Count II of the Indictment charges the defendant with discharging a firearm during a crime of violence on or about February 11, 2018. The maximum possible penalty if convicted is Life consecutive years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Jeremy Wayne Russell, age 35, of Madisonville, Kentucky, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about February 27, 2018. The maximum possible penalty if convicted is Life imprisonment, $8,000,000 fine, NLT 8 year term of supervised release, and a $100 special assessment.
* Victor H. Tellez, age 47, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with false representation of a Social Security number on or about February 28, 2017. 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 II charges the defendant with fraud and misuse of visas, permits, and other documents on or about February 28, 2017. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised released, and a $100 special assessment. Count III charges the defendant with falsely claiming to be a U.S. citizen for employment on or about February 28, 2017. 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.
* David Valdez Ramirez, is charged with illegal reentry after deportation on or about April 13, 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.
* Roger E. Westerhold, age 35, of Lincoln, is charged with conspiracy to distribute 500 grams or more of methamphetamine beginning on or about April 1, 2016, and continuing to on or about November 20, 2017. The maximum possible penalty if convicted is Life imprisonment, a $20,000,000 fine, NLT 10 year term of supervised release, and a $100 special assessment.
18th Street Gang Members Indicted for Murder Conspiracy and Murder of Ms-13 Gang Rival in QueensRead the Press Release
A superseding indictment was unsealed today in federal court in Brooklyn, charging 18th Street gang members and associates Yanki Misael Cruz-Mateo, Yoni Alexander Sierra, Jose Jimenez Chacon and Saudi Levy Ramirez, with the February 2, 2018 murder and murder conspiracy of a member of the rival MS-13 gang. Cruz-Mateo also faces firearms-related charges. The defendants were arraigned this afternoon before United States District Judge LaShaan DeArcy Hall.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Richard A. Brown, District Attorney of Queens County, and James P. O’Neil, Commissioner, New York City Police Department (NYPD), announced the superseding indictment.
“As alleged in the superseding indictment, the defendants are charged with murdering a suspected rival MS-13 member. We will continue to work with our state and local partners to break this senseless cycle of violence by eradicating all violent street gangs that threaten our communities,” stated United States Attorney Donoghue.
“Our outstanding partnerships with local, state and federal law enforcement agencies are again showing results, and proving we are all in this together to rid communities of all criminal gangs,” stated FBI Assistant Director-in-Charge Sweeney. “The investigators have shown their dedication to each and every case they discover, because no one deserves to die at the hands of these violent groups. The FBI New York Metro Safe Streets Task Force won’t let these rival gangs use our neighborhoods for their turf war.”
“This indictment is another example of law enforcement working together to eliminate gang violence. The defendants in this case are accused of carrying out the merciless execution of a rival gang member,” stated Queens District Attorney Brown. “Gang warfare in our City streets puts every man, woman and child in danger. We will not tolerate violent street gangs turning our neighborhoods into killing fields. My office will continue to work diligently with our law enforcement partners to rid our communities of this kind of violence and brutality.”
“The magnitude of violence exhibited in this case will not be tolerated,” said NYPD Police Commissioner O’Neill. “These individuals would not be facing arraignment today without the collaboration between law enforcement and the public to stop and prevent violence.”
As alleged in the superseding indictment and detailed in court filings, the defendants are members and associates of the Jamaica, Queens and Kingston, New York chapters of the violent street gang 18th Street. On the night of February 2, 2018, a victim, known to the grand jury as John Doe 2, was discovered in the vicinity of 160th Street and 85th Avenue in the Jamaica Hills section of Queens. The victim had been shot multiple times in the head and torso. Several days after the murder, Cruz-Mateo admitted in text messages to shooting the victim because he believed the victim was a member of the rival MS-13 gang. Sierra, Chacon and Ramirez are charged with the murder conspiracy of John Doe 2, along with Cruz-Mateo.
The charges in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorneys’ Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Jonathan P. Lax and Soumya Dayananda are in charge of the prosecution.
The Defendants:
YANKI MISAEL CRUZ-MATEO (also known as “Yankee Mateo,” “Doggy” and “Wino”)
Age: 19
Jamaica, New YorkYONI ALEXANDER SIERRA (also known as “Arca,” “Arca Angel” and “Wasson”)
Age: 20
Queens, New YorkJOSE JIMENEZ CHACON (also known as “Little One”)
Age: 20
New Brunswick, NJSAUDI LEVY RAMIREZ (also known as “El Malo” and “Little Bad”)
Age: 25
Queens, New YorkE.D.N.Y. Docket No. 18-139 (S-1) (LDH)
28 April 2018
U.S. Attorney’s Office Charges Chicago Man with Attempted Carjacking on City’s Near North SideRead the Press Release
CHICAGO — The U.S. Attorney’s Office has charged a Chicago man with attempted carjacking for allegedly trying to take a vehicle at gunpoint on the city’s Near North Side.
EARRIOUS MOORE, 23, discharged a firearm while attempting to hijack a Mercedes-Benz sedan in the 1400 block of North Lake Shore Drive on April 26, 2018, according to a criminal complaint filed in U.S. District Court in Chicago. An individual sitting in the car was shot and wounded and subsequently transported to a hospital for treatment, the complaint states. Moore ran away from the vehicle and was apprehended by Chicago Police Department officers in the lobby of a nearby building, the complaint states.
The complaint was filed Friday. It charges Moore with one count of attempted carjacking. An initial court appearance will be held on April 30, 2018, in federal court in Chicago.
The complaint was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Eddie Johnson, Superintendent of the Chicago Police Department; and Celinez Nunez, Special Agent in Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives. The Cook County State’s Attorney’s Office provided valuable assistance.
The officials noted that the investigation continues.
The case was investigated by the Vehicular Hijacking Task Force, a joint federal and state initiative consisting of officers, agents and prosecutors from the U.S. Attorney’s Office, Chicago Police Department, ATF, Federal Bureau of Investigation, Cook County State’s Attorney’s Office, Illinois State Police, and suburban police departments.
“Citizens of Chicago and visitors to our city must be able to live their lives without fear of violent attacks,” said U.S. Attorney Lausch. “Our office will use every available federal resource in working with CPD and our other law enforcement partners to pursue and prosecute violent offenders. Our message to would-be carjackers and those using guns to commit crimes is simple: Committing a senseless act of violence like carjacking will earn you a home in federal prison for a long time.”
“Each and everyday CPD officers and detectives work hand in hand with our federal partners to make Chicago safer,” said Superintendent Johnson. “Today's federal prosecution demonstrates the strength and commitment of CPD and the United States Attorney's Office to combat violence, and sends a simple and clear message that we will not tolerate carjackings and individuals will be held accountable for their actions before a federal court.”
“This case should serve as a warning to all violent offenders preying on innocent people,” said Special Agent-in-Charge Nunez. “ATF and our law enforcement partners are joining resources to put an end to the senseless violence and restore peace in our neighborhoods.”
According to the complaint, Chicago Police Department officers on routine patrol were alerted to a carjacking incident in which an offender used a handgun to take a Jeep sport-utility vehicle from a victim in the 1000 block of North Rush Street in Chicago. Soon after, the officers were alerted to the attempted carjacking of the Mercedes-Benz, the complaint states.
The carjacking charge is punishable by up to 15 years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The government is represented by Assistant U.S. Attorney Matthew L. Kutcher.
Sioux Falls Methamphetamine Scheme Ringleader Sentenced to 25 Years in Federal PrisonRead the Press Release
United States Attorney Ron Parsons announced that Jaunte Lamar Berry, age 31, of Sioux Falls, South Dakota, convicted of Possession with Intent to Distribute 50 grams or more of Methamphetamine, was sentenced to 25 years in prison on April 23, 2018, by U.S. District Court Judge Karen E. Schreier.
Berry’s time in prison will be followed by four years of supervised release. He was also ordered to pay $100 to the Federal Crime Victim’s Fund. Berry was indicted by a federal grand jury on July 6, 2017. He pled guilty on October 16, 2017.
The investigation of Berry revealed his leadership of a drug ring that was responsible for utilizing the U.S. Postal Service to mail several pounds of methamphetamine and marijuana from Sacramento, California, to Sioux Falls. A search warrant was executed at Berry’s residence in Sioux Falls, where law enforcement located approximately 68 grams of methamphetamine, over one and a half pounds of marijuana, and a firearm. The District Court found that Berry took advantage of multiple women he was romantically involved with to act as assistants to his drug dealing scheme, and that the drug ring was Berry’s primary source of income while he was involved.
This case was investigated by the Sioux Falls Area Drug Task Force, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the U.S. Postal Inspection Service. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
27 April 2018
Youngstown man indicted for taking still images of himself sexually assaulting a childRead the Press Release
A Youngstown man was indicted in federal court that he took still images of himself sexually assaulting a young girl, said U.S. Attorney Justin E. Herdman and FBI Special Agent in Charge Stephen D. Anthony.
Daniel B. Fleischer, 36, was charged with sexual exploitation of children, receipt and distribution of visual depictions of real minors engaged in sexually explicit conduct and possession of child pornography.
Fleischer sexually assaulted a minor in June 2011 and produced a visual depiction of the act, according to the indictment.
Fleischer also received and distributed multiple images of children engaged in sexually explicit conduct. This took place between Dec. 18, 2017 and March 27, 2018, on which date Fleischer possessed one Samsung Galaxy S8 phone, one SanDisk Cruzer thumb drive and one SanDisk Ultra USB thumb drive that contained child pornorgraphy, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case was investigated by Task Force Officer Brenda Golec of the FBI Task Force. This case is being prosecuted by Assistant U.S. Attorney Carol M. Skutnik.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Webbers Falls Woman Sentenced to 18 Months for Wire FraudRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Leah Lynette Smith, age 51, of Webbers Fall, Oklahoma was sentenced to 18 months imprisonment, and 3 years supervised release for Wire Fraud, in violation of Title 18, United States Code, Section 1343. The charges arose from an investigation by the Federal Bureau of Investigation.
The Information alleged that on or about September 3, 2013, in the Eastern District of Oklahoma and elsewhere, the Defendant, for the purpose of executing a scheme to defraud California and other states, provided false affidavits claiming to be the rightful heir of unclaimed assets, thereby causing to be transmitted by means of wire communication in interstate commerce payment of a check in the amount of $42,385.00.
“The defendant’s scheme came to light because an alert citizen became suspicious and notified the appropriate law enforcement agency. Following a thorough investigation by the FBI, the defendant was indicted, admitted guilt, and is being held accountable for her unlawful acts,” United States Attorney Brian J. Kuester said. “Schemes to defraud individuals, businesses and government programs are common. I encourage everyone to keep a watchful eye for suspicious conduct that might lead you to believe that a person is engaged in activity designed to commit a fraud. We cannot combat this without your help.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Melody Nelson represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
Waterloo Felon Sentenced to More Than Four Years in Federal Prison After Brandishing Stolen Gun During an ArgumentRead the Press Release
A Waterloo man who brandished a stolen firearm at the mother of his child was sentenced yesterday to more than 57 months in federal prison.
Terrance Durell Sayles, age 27, from Waterloo, Iowa, received the prison term after November 28, 2017, guilty pleas to two federal crimes, specifically possession of a firearm by a felon and possession of a stolen firearm. At his plea hearing, Sayles admitted he knowingly possessed a stolen firearm on July 28, 2017, in Waterloo. Evidence at Sayles’s sentencing hearing established that, during an argument between Sayles and the mother of his child about the care of their son, Sayles brandished the firearm. The firearm was loaded and chambered at the time. Officers later apprehended Sayles and found 30 grams of marijuana wrapped in two bandanas in his right front pocket.
At the time Sayles possessed his stolen firearm, he was a convicted felon. Sayles had prior convictions for carrying weapons, possession of a firearm by a felon, possession of cocaine with intent to deliver while in possession of a firearm, and possession of marijuana with intent to deliver while in possession of a firearm. Sayles also had prior adjudications for willful injury causing bodily injury, assault, interference with official acts, assault causing bodily injury, harassment of a public official, and possession of a controlled substance with intent to deliver. Sayles received the willful injury causing bodily injury adjudication after hitting another person in the head with a hammer. The assault causing bodily injury adjudication resulted from an incident in which Sayles tripped another person and struck and kicked him several times.
Sayles was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Sayles was sentenced to 57 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Sayles is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Timothy L. Vavricek and investigated by the Waterloo Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2073-LTS.
Follow us on Twitter @USAO_NDIA.
Upshur County man admits to his role in a firearms conspiracyRead the Press Release
ELKINS, WEST VIRGINIA – Timothy Glen Woods, of French Creek, West Virginia, has admitted to his role in a stolen firearms conspiracy, United States Attorney Bill Powell announced.
Woods, age 28, pled guilty to one count of “Possession of a Firearm – Aiding and Abetting.” Woods admitted to having 21 stolen firearms with the intent to conceal, sell, and barter the firearms in October 2016.
Woods 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 Stephen D. Warner is prosecuting the cases on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives, The Mountain Region Drug & Violent Crime Task Force, the Greater Harrison Drug &Violent Crime Task Force, a HIDTA-funded initiative, the West Virginia State Police, Upshur County Sheriff’s Office, Lewis County Sheriff’s Office, the Buckhannon Police Department, and the Weston Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Two North Alabama Men Indicted in Separate Counterfeiting CasesRead the Press Release
BIRMINGHAM – A federal grand jury today indicted two north Alabama men in unrelated counterfeiting cases, announced U.S. Attorney Jay E. Town and U.S. Secret Service Special Agent in Charge Michael Williams.
A five-count indictment filed in U.S. District Court charges CONNOR DOUGLAS GLASS, 25, of Cullman, with making counterfeit $100 and $20 bills in Cullman and Jackson counties between January 2017 and October 2017. The indictment also charges Glass with possessing counterfeit $100 and $20 bills on Oct. 27, 2017, in Jackson County. The indictment charges Glass with separate counts of passing counterfeit bills at three different Dollar General Stores in Cullman and Jackson counties. Glass was aided by others in passing the counterfeit money, according to the indictment.
An unrelated indictment charges MONTREZ CHEBEIR MARTIN, 33, of Huntsville, with three counts of passing counterfeit $50 bills to separate individuals in Madison and Morgan counties in September 2017. The indictment identifies the individuals only by initials.
A fourth count of the indictment against Martin charges him as a convicted felon in possession of a handgun, a Smith & Wesson .40-caliber, on Sept. 3, 2017, in Morgan County. According to the indictment, Martin was convicted of second-degree theft in state court in Iowa in 2014 and of second-degree assault in Madison County, Ala., Circuit Court in 2017.
Each of the counterfeiting charges carries a maximum penalty of 20 years in prison and a $250,000 fine. The charge of being a convicted felon in possession of a firearm carries a maximum penalty of 10 years in prison and a $250,000 fine.
The Secret Service investigated the cases, which Assistant U.S. Attorney Davis Barlow is prosecuting.
Indictments contain only charges. A defendant is presumed innocent unless and until proven guilty.
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Two Mexican citizens indicted for re-entering the United States after multiple deportationsRead the Press Release
Two Mexican citizens previously deported multiple times were charged with illegally reentering the United States.
Ricardo Veloz-Alonzo, 34, was found in Painesville after having previously been deported three times, according to the indictment.
Flor Martinez-Gonzalez, 45, was found in Toledo after having previously been deported four times, according to the indictment.
The cases were investigated by the Bureau of Immigration and Customs Enforcement, Department of Homeland Security. They are being prosecuted by Assistant U.S. Attorneys Kathryn G. Andrachik (Alonzo) and Tracey Ballard Tangeman (Gonzales).
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Two Men Sentenced for Roles in Heroin and Fentanyl ConspiracyRead the Press Release
BOSTON – Two men were sentenced yesterday in federal court in Boston for their roles in a heroin, fentanyl, and cocaine trafficking organization that operated in Taunton and Boston.
Malvin Berrios, 35, of Fall River, was sentenced by U.S. District Court Judge Indira Talwani to 46 months in prison and five years of supervised release. In October 2017, Berrios pleaded guilty to conspiring to distribute heroin, fentanyl, and cocaine.
Roger Longmire, 34, of Taunton, was sentenced by U.S. District Court Judge Leo T. Sorokin to three years in prison and four years of supervised release. In September 2017, Longmire pleaded guilty to conspiracy to distribute and possess with intent to distribute heroin and fentanyl.
In February 2017, the defendants were arrested and charged in two indictments with 21 co-defendants.
From mid-2016 through February 2017, federal law enforcement investigated two drug trafficking organizations, one operating in Taunton, led by Fernando Hernandez, and another operating in Fall River and Boston, led by Jose Antonio Lugo-Guerrero. Hernandez’s organization sold heroin and fentanyl to customers, including Longmire, who re-distributed a portion of the drugs they obtained. It is alleged that Hernandez obtained drugs from a network of suppliers that included Lugo-Guerrero.
Lugo-Guerrero allegedly operated a drug trafficking organization in Fall River and Boston and sold to numerous customers, including Berrios. It is further alleged that Lugo-Guerrero and his associates obtained a significant quantity of illegal drugs by robbing other drug traffickers.
Hernandez pleaded guilty and was sentenced in February 2018 to 188 months in prison. Lugo-Guerrero has pleaded not guilty.
United States Attorney Andrew E. Lelling; Albert Angelucci, Acting Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Fall River Police Chief Daniel S. Racine; New Bedford Police Chief Joseph C. Cordeiro; Taunton Police Chief Edward James Walsh; Boston Police Commissioner William B. Evans; and Bristol County District Attorney Thomas M. Quinn made the announcement. Assistant U.S. Attorney Ted Heinrich of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Two Guatemalan Nationals Sentenced in Connection with Labor Trafficking Scheme and Forced Labor of Other Guatemalan NationalsRead the Press Release
Lured Relatives to U.S. with Promises of a Better Life, But Instead Subjected them to Forced Labor, Increasing Debt, and Threats of Deportation
Two Guatemalan nationals were today sentenced in U.S. District Court in Tacoma, Washington, for their scheme to exploit other Guatemalan nationals for their own financial gain, announced Acting Assistant Attorney General John Gore of the Civil Rights Division and U.S. Attorney Annette L. Hayes of the Western District of Washington. Antonio Francisco-Pablo, 60, residing in Forks, Washington, was sentenced to three years in prison for one count of forced labor. Antonia Marcos Diego, 42, also residing in Forks, Washington, was sentenced to one year of probation for one count of document servitude in furtherance of forced labor. At the sentencing hearing, U.S. District Judge Ronald B. Leighton described their crimes as a “despicable offense” and a “serious degree of exploitation.”
According to documents filed in court, defendant Antonia Marcos Diego and her husband, Antonio Francisco-Pablo, lured Diego’s sister to enter the United States from Guatemala, falsely promising that they would provide her with a home, a job earning a lot of money, and a good life. Contrary to these promises, however, the defendants saddled the victim with significant debt upon arrival in the United States, and informed her that she would work off the debt by picking salal, a plant commonly used by florists. The defendants retained all of the victim’s earnings and increased her debt by imposing additional charges on her for food, housing, transportation, and utilities. The defendants also kept the victim’s identification documents and threatened her with deportation if she ever tried to leave them. According to court documents, the defendants similarly lured another relative to the United States from Guatemala, and also imposed a significant debt upon him after his arrival.
“The defendants forced their own family members to work for no pay after luring them to the United States on false promises of a better life,” said Acting Assistant Attorney General John Gore. “The Department of Justice will continue to prosecute labor traffickers, who exploit vulnerable individuals for their own greed and erode the American ideals of freedom, opportunity, and the rule of law.”
“What these defendants did to their victims amounts to modern day slavery and will not be tolerated,” said U.S. Attorney Annette L. Hayes. “All of us in law enforcement are committed to addressing the needs of victims and holding perpetrators to account. I encourage anyone with information about this kind of forced labor victimization to go to law enforcement and be part of the solution.”
Both defendants will pay $18,950 in restitution to the victims. Francisco-Pablo was in the U.S. unlawfully, and it is virtually certain that he will be deported following his prison term. Antonia Marcos Diego will be on probation for one year.
The case was investigated by the Department of Homeland Security’s Homeland Security Investigations and the Federal Bureau of Investigation, with assistance from the Clallam County Sheriff’s Office, Port Angeles Police Department, and Washington State Patrol Crime Laboratory.
The case is being prosecuted by Assistant United States Attorney Bruce F. Miyake and Trial Attorney Matthew T. Grady of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Two Guatemalan Nationals Sentenced in Connection with Labor Trafficking Scheme and Forced Labor of Other Guatemalan NationalsRead the Press Release
WASHINGTON – Two Guatemalan nationals were today sentenced in U.S. District Court in Tacoma, Washington, for their scheme to exploit other Guatemalan nationals for their own financial gain, announced Acting Assistant Attorney General John Gore of the Civil Rights Division and U.S. Attorney Annette L. Hayes of the Western District of Washington. Antonio Francisco-Pablo, 60, residing in Forks, Washington, was sentenced to 3 years in prison for one count of forced labor. Antonia Marcos Diego, 42, also residing in Forks, Washington, was sentenced to one year of probation for one count of document servitude in furtherance of forced labor. At the sentencing hearing, U.S. District Judge Ronald B. Leighton described their crimes as a “despicable offense” and a “serious degree of exploitation.”
According to documents filed in court, defendant Antonia Marcos Diego and her husband, Antonio Francisco-Pablo, lured Diego’s sister to enter the United States from Guatemala, falsely promising that they would provide her with a home, a job earning a lot of money, and a good life. Contrary to these promises, however, the defendants saddled the victim with significant debt upon arrival in the United States, and informed her that she would work off the debt by picking salal, a plant commonly used by florists. The defendants retained all of the victim’s earnings and increased her debt by imposing additional charges on her for food, housing, transportation, and utilities. The defendants also kept the victim’s identification documents and threatened her with deportation if she ever tried to leave them. According to court documents, the defendants similarly lured another relative to the United States from Guatemala, and also imposed a significant debt upon him after his arrival.
“The defendants forced their own family members to work for no pay after luring them to the United States on false promises of a better life,” said Acting Assistant Attorney General John Gore. “The Department of Justice will continue to prosecute labor traffickers, who exploit vulnerable individuals for their own greed and erode the American ideals of freedom, opportunity, and the rule of law.”
“What these defendants did to their victims amounts to modern day slavery and will not be tolerated,” said U.S. Attorney Annette L. Hayes. “All of us in law enforcement are committed to addressing the needs of victims and holding perpetrators to account. I encourage anyone with information about this kind of forced labor victimization to go to law enforcement and be part of the solution.”
Both defendants will pay $18,950 in restitution to the victims. Francisco-Pablo was in the U.S. unlawfully, and it is virtually certain that he will be deported following his prison term. Antonia Marcos Diego will be on probation for one year.
The case was investigated by the Department of Homeland Security’s Homeland Security Investigations and the Federal Bureau of Investigation, with assistance from the Clallam County Sheriff’s Office, Port Angeles Police Department, and Washington State Patrol Crime Laboratory.
The case is being prosecuted by Assistant United States Attorney Bruce F. Miyake and Trial Attorney Matthew T. Grady of the Civil Rights Division’s Human Trafficking Prosecution.
Two Foreign Nationals Sentenced to Federal Prison for Role in Austin-Based Multi-Million Dollar S.I.R.F. SchemeRead the Press Release
In Austin today, a federal judge sentenced two foreign nationals formerly living in Austin to federal prison in connection with a multi-million dollar Austin-based Stolen Identity Refund Fraud (SIRF) scheme announced United States Attorney John F. Bash; Acting Special Agent in Charge Andy Tsui, Internal Revenue Service-Criminal Investigation (IRS-CI); Inspector in Charge Adrian Gonzalez, United States Postal Inspection Service (USPIS), Houston Division; and, Special Agent in Charge Shane Folden, Homeland Security Investigations (HSI), San Antonio Division.
United States District Judge Lee Yeakel sentenced 36-year-old Ibrahim Alu and 40-year-old George Ismail to eight years and seven years in federal prison, respectively. Judge Yeakel also ordered them to pay joint and several restitution in the amount of $1,358,489.
In January 2018, both defendants pleaded guilty to one count of conspiracy to commit fraud. According to court records, Alu and Ismail entered the United States claiming to be Sudanese citizens escaping persecution and requested asylum. Neither defendant had any documents establishing who they were or where they were from. Both claims were eventually denied by DHS because these claims were false. Both defendants could not be deported back to Sudan, since they were not from Sudan, so they remained in the U.S. and were given permission to work. However, the investigation revealed that both defendants gave false names to U.S. authorities and were in fact citizens of Nigeria.
Both Alu and Ismail used their time in the United States to participate in a fraudulent scheme to steal the identity of hundreds of U.S. citizens and exploit those identities for financial gain by filing fraudulent tax returns and by opening credit cards in the names of the victims. They also laundered the proceeds of other fraudulent activity in furtherance of the conspiracy. The intended loss of the fraud conspiracy was approximately $3.9 million dollars.
Among the ways that the conspiracy illegally acquired Personal Identification Information (PII) of U.S. victims was through operating cleaning services in the Austin area, cleaning offices, and then looting those offices for PII. Among the locations the conspiracy victimized were medical facilities, where patient files were stolen, and the ARC Pooled Trust of Greater Austin, which helps to provide financial security services to people with developmental and physical disabilities.
Authorities are still looking to arrest Nigerian national co-defendants Dele Akanbi (aka “SK”), age 44, and George Najomo, age 54.
Agents from the IRS-CI, USPIS and HSI conducted this investigation along with assistance from Immigration and Customs Enforcement (ICE)--Enforcement and Removal Operations (ERO). Assistant United States Attorneys Michael C. Galdo, Gregg N. Sofer and Elizabeth Cottingham are prosecuting this case on behalf of the Government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. Akanbi and Najomo are presumed innocent until proven guilty in a court of law.
Two Cuban Nationals Sentenced to Prison for Identity Theft and Credit Card Fraud Scheme with 54 VictimsRead the Press Release
Two Cuban nationals who traveled across sixteen Iowa counties in 2017 and used at least fifty-four stolen identities and card numbers to make fraudulent purchases were sentenced to federal prison this week.
Pedro Alvarez Rodriguez, age 36, and Dunieski Santana Moreno, age 27, residents of Florida, were both sentenced to more than three years in federal prison after guilty pleas to conspiracy to commit access device fraud and aggravated identity theft.
According to plea agreements and other information presented in court, Alvarez Rodriguez and Santana Moreno drove across the state of Iowa with a third person, Liliany de Armas Mena, using counterfeit credit cards containing at least fifty-four “skimmed” account numbers of victims. They used these fake cards to purchase gift cards and gift card reloads at Wal-Mart stores. The scheme was designed to evade detection by keeping individual transactions under $100, moving across county borders to stay ahead of authorities, and using account numbers “skimmed” within the state of Iowa. Alvarez Rodriguez and Santana Moreno visited Wal-Mart stores in West Burlington, Mount Pleasant, Ottumwa, Grimes, Altoona, Ames, Boone, Denison, Sioux City, Le Mars, Sioux Center, Spencer, Spirit Lake, Mason City, Cedar Falls, and Waverly over the span of only four days in January and February 2017. Alvarez Rodriguez had previously been convicted in 2015 of attempted robbery in Cuyahoga County, Ohio, after another incident at a Wal-Mart involving counterfeit cards and stolen account numbers. Santana Moreno had previously been convicted in 2015 of financial transaction card theft in Sumter County, South Carolina.
Alvarez Rodriguez and Santana Moreno were sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Alvarez Rodriguez was sentenced to 42 months’ imprisonment and Santana Moreno was sentenced to 40 months’ imprisonment. Both were ordered to make $5,655.08 in joint and several restitution to victims. Each must also serve a three-year term of supervised release after the prison term. Liliany de Armas Mena, who has pleaded guilty to the same offenses, is scheduled to be sentenced on May 30, 2018. There is no parole in the federal system.
In sentencing Alvarez Rodriguez and Santana Moreno, Chief Judge Strand commented that the defendants were parasites motivated by greed, who made their livings off theft and stealing others’ hard-earned money.
Both men are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Lyndie M. Freeman and investigated by Homeland Security Investigations and the Waverly Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2044.
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Two Businessmen Charged with Conspiring to Commit Economic Espionage for Benefit of Chinese Manufacturing CompanyRead the Press Release
Shan Shi, 53, of Houston, and Gang Liu, 32, a Chinese national, were charged yesterday by superseding indictment with conspiracy to commit economic espionage for the benefit of CBM-Future New Material Science and Technology Co. Ltd. (CBMF), a Chinese company based in Taizhou. Both businessmen were previously indicted in June 2017 for conspiracy to commit theft of trade secrets. The superseding indictment issued yesterday also charged CBMF and its Houston-based subsidiary, CBM International, Inc. (CBMI), for their roles in the conspiracy.
The charges were announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Jessie K. Liu for the District of Columbia, Assistant Director Bill Priestap of the FBI’s Counterintelligence Division, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office and Chief Don Fort of the IRS-Criminal Investigation.
According to court records, Shi and Liu conspired with others to commit economic espionage and steal trade secrets from a U.S. engineering firm that produces syntactic foam, a strong, lightweight material with commercial and military uses. Shan; Liu; Uka Kalu Uche, 36, of Spring, Texas; Samuel Abotar Ogoe, 75, of Missouri City, Texas; Kui Bo, 41, a Canadian citizen who had been residing in the Dallas area; and Hui Huang, 33, a Chinese national, were indicted in June 2017 on a charge of conspiracy to commit theft of trade secrets. An additional defendant pleaded guilty to the charge in December 2017. The superseding indictment includes that charge, adds the conspiracy to commit economic espionage count against Shi and Liu, and includes a federal money laundering conspiracy count against Shi. CBMF and CBMI have also been indicted on all three charges.
The maximum statutory penalty for conspiracy to commit economic espionage is 15 years in prison. The maximum for conspiracy to commit theft of trade secrets is 10 years, and the maximum for conspiracy to commit money laundering is 20 years. The charges also carry potential financial penalties. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the defendants’ sentences 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 defendants are presumed innocent unless and until proven guilty.
The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the National Security Division’s Counterintelligence and Export Control Section.
Two Businessmen Charged with Conspiring to Commit Economic Espionage for Benefit of Chinese Manufacturing CompanyRead the Press Release
WASHINGTON – Two businessmen, including one who is a Chinese national, have been indicted on charges alleging that they conspired to commit economic espionage and steal trade secrets from a business in the United States on behalf of a company in China that was engaged in manufacturing buoyancy materials for military and civilian uses.
The charges were announced today by Assistant Attorney General for National Security John C. Demers, U.S. Attorney for the District of Columbia Jessie K. Liu, Assistant Director Bill Priestap of the FBI’s Counterintelligence Division, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office, and Chief Don Fort of the Internal Revenue Service’s Criminal Investigation (IRS-CI).
Shan Shi, 53, a U.S. citizen from Houston, Texas, and Gang Liu, 32, a Chinese national, were among six individuals named in a superseding indictment returned on April 26, 2018, in the U.S. District Court for the District of Columbia. All six individuals initially were indicted in June 2017 on a charge of conspiracy to commit theft of trade secrets. The superseding indictment includes that charge and adds the conspiracy to commit economic espionage count against Shi and Liu, as well as a federal money laundering conspiracy count against Shi. CBM-Future New Material Science and Technology Co. Ltd. (CBMF), a Chinese company based in Taizhou, and its Houston-based subsidiary, CBM International, Inc. (CBMI), have also been indicted on all three charges.
The other defendants include Uka Kalu Uche, 36, a U.S. citizen from Spring, Texas; Samuel Abotar Ogoe, 75, a U.S. citizen from Missouri City, Texas; Kui Bo, 41, a Canadian citizen who had been residing in the Dallas area; and Hui Huang, 33, a Chinese national. All of the defendants pled not guilty last year to the charges in the original indictment, with the exception of Huang, who has not been apprehended and is believed to remain at large in China.
A seventh defendant previously pled guilty in December 2017 to a charge of conspiracy to commit theft of trade secrets.
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“The superseding indictment in this case demonstrates that we will vigorously enforce laws meant to protect against economic espionage and related offenses,” said U.S. Attorney Liu. “The charges also reflect the tireless dedication of the FBI, Commerce Department’s BIS, IRS, and other law enforcement organizations to prosecuting theft of intellectual property.”
“The ongoing theft of American technology is a severe threat to our national security, and this is doubly true for technology with direct military applications. As this situation demonstrates, the FBI remains committed to working with its partners to combat this threat,” said FBI Assistant Director for Counterintelligence Priestap.
“This indictment is a good example of the community, industry, and law enforcement working together,” said FBI Special Agent in Charge Turner. “Economic espionage is a growing threat that costs the U.S. economy billions of dollars and puts our national security at risk. The FBI will continue to work with its partners to bring perpetrators of economic espionage to justice.”
“This superseding indictment alleges a vast criminal conspiracy involving everything from trade secret theft to money laundering and other financial crimes,” said IRS Criminal Investigation Chief Fort. “By unraveling this scheme, we were able to hold those accountable who would profit from such a scheme while sending a message to others who would commit similar crimes in the future that they, too, will be brought to justice.”
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According to the indictment, China has promoted military, social, and economic development initiatives with a goal of making the country a marine power and has prioritized the development of engineered components of deepwater buoyancy materials. The charges in the indictment involve the development of syntactic foam, a strong, lightweight material that can be tailored for commercial and military uses, including oil exploration, aerospace and stealth technologies, and underwater vehicles, such as submarines.
According to the indictment, from at least 2013 through May 2017, Shi operated on behalf of CBMF, which intended to create a facility in China to sell syntactic foam. CBMF received research funds from state funding in China and was part of a collaborative innovation center with Chinese government entities.
The indictment alleges that Shi and Liu conspired with the other defendants to steal trade secrets from a global engineering firm, referred to in the indictment as “Company A,” that is a producer in the global syntactic foam market.
In March 2014, according to the indictment, Shi incorporated CBMI, which was owned and funded by CBMF, in Houston. The indictment alleges that CBMF employees wired approximately $3.1 million to CBMI between June 2014 and May 2017.
According to the indictment, Shi and others recruited and hired current and former employees of “Company A” in Houston, including Liu, for the purpose of aiding CBMF’s capability to make syntactic foam. Liu previously worked for “Company A” as a material development engineer and had access to proprietary and trade secret data. He and others are accused of passing along those trade secrets. According to the indictment, the technology was ultimately destined for China, to benefit the government and other state-owned enterprises.
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An indictment is merely a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.
The maximum statutory penalty for conspiracy to commit economic espionage is 15 years of incarceration. The maximum for conspiracy to commit theft of trade secrets is 10 years, and the maximum for conspiracy to commit money laundering is 20 years. The charges also carry potential financial penalties. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, a defendant’s sentence will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The case is being investigated by the FBI’s Houston Field Office, Commerce’s BIS Office of Export Enforcement, and the IRS-CI.
The case is being prosecuted by Assistant U.S. Attorneys Jeffrey Pearlman, Zia Faruqui, and Michael Romano of the District of Columbia, and Trial Attorney David Recker of the National Security Division’s Counterintelligence and Export Control Section.
Trucking School Owner Pleads Guilty to Conspiring to Commit Bribery and Identity FraudRead the Press Release
SACRAMENTO, Calif. — Mangal Gill, 58, of San Ramon, pleaded guilty today to two counts of conspiracy to commit bribery and identity fraud, U.S. Attorney McGregor W. Scott announced.
According to court documents, Gill owned Central Truck Driving School, which had locations in Fremont, Lathrop, Fresno, and Salinas. Between April 2012 and April 2015, Gill conspired with employees of the California Department of Motor Vehicles (DMV) and others to fraudulently obtain commercial driver’s licenses (CDL) for Gill’s truck school students and others who did not take or pass the written or the behind-the-wheel driving examinations. Gill received money from those wishing to obtain a CDL and, in turn, paid money to the DMV employees, who would access the DMV’s database to alter records indicating that the individuals had passed tests when, in fact, they had not passed them or, in some instances, taken any examination at all. As a result, individuals were able to obtain driver’s licenses, including commercial licenses to operate tractor-trailer trucks, without having taken and passed the requisite written or behind-the-wheel driving tests.
This case is the product of a series of ongoing investigations by the Federal Bureau of Investigation, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and the California DMV, Office of Internal Affairs. Assistant U.S. Attorneys Todd A. Pickles and Rosanne Rust are prosecuting the case.
Co-defendant Andrew Kimura, a DMV employee, previously pleaded guilty to conspiracy to commit bribery and identity fraud and was sentenced to three years and 10 months in prison. Emma Klem, another DMV employee, and Kulwinder Dosanjh Singh, a broker, also previously pleaded guilty to conspiracy to commit bribery and identity fraud as part of the same investigation in United States v. Klem, 2:15-cr-00139 GEB, and United States v. Kulwinder Dosanjh, 2:15-cr-00146 GEB, respectively. They are awaiting sentencing.
Trial has been set for co-defendants Pavittar Dosangh Singh and Robert Turchin for June 19, 2018. The charges against them are only allegations; these defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Gill is scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr. on July 13, 2018. Gill faces a maximum statutory penalty of 10 years in prison and a $250,00 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Three men indicted for federal firearms crimesRead the Press Release
Three men were indicted on for federal firearms violations, U.S. Attorney Justin Herdman said.
Indicted are: Jeremy Pleasant, 35, of Massillon; Zachary Eversole, 39, of Ravenna and Terrance Craig, 27, of Youngstown. All three are charged with being felons in possession of firearms. Their cases are not otherwise related.
Pleasant possessed a Ruger 9 mm handgun on March 24, despite two previous convictions for felonious assault with a firearm. Pleasant was found with the firearm in his pants pocket after attempted to run for
Ohio State Highway Patrol troopers after a traffic stop, according to court documents.
Eversole possessed a Walther .22-caliber pistol on Feb. 22, despite prior convictions for conspiracy to traffic cocaine and cocaine trafficking, according to the indictment.
Craig possessed a Ruger 9 mm pistol on Nov. 26, 2017, despite a prior conviction for aggravated robbery, according to the indictment.
The cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives as well as the Ohio State Highway Patrol (Pleasant), Portage County Sheriff’s Office (Eversole), and Youngstown Police Department (Craig). The cases are being prosecuted by Assistant U.S. Attorneys David M. Toepfer and Aaron Howell.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three Individuals Charged for Roles in Anchorage Mail Theft RingRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that three Anchorage residents have been charged in an indictment alleging they conspired to obtain checks stolen from the mail, primarily credit card convenience checks, and then negotiated the stolen checks at different banks in Anchorage using stolen identities and bank accounts associated with the stolen identities.
Amber Hecker, 34, Ronald Hecker, 35, and Richard Hoglin, 34, all of Anchorage, were charged in a 22-count indictment that includes charges of conspiracy, bank fraud, possession of stolen mail, and aggravated identity theft.
According to the indictment, from April 2017 to April 2018, Amber Hecker, Ronald Hecker, and Richard Hoglin, negotiated checks stolen from the mail that were falsely altered and forged. The stolen checks were falsely made out to make the payee a separate stolen identity that was used by the defendants to negotiate the stolen checks. The defendants also used bank accounts associated with the stolen identities to negotiate the stolen and forged checks. It is further alleged that the defendants possessed mail stolen from over 500 victims, including financial records, social security cards, identification cards, and credit cards.
Amber Hecker and Ronald Hecker are scheduled to appear in court today at 1:30 p.m. and 2:30 p.m., respectively, in Courtroom 6 of the Federal Courthouse. There will be a media availability at approximately 2:00 p.m., immediately following the 1:30 p.m. hearing. Representatives from the U.S. Attorney’s Office, Anchorage Police Department, U.S. Postal Inspection Service, and Anchorage Airport Police will be present.
The law provides for a maximum sentence of 30 years in prison and a fine of $1 million, or both. Under federal sentencing statutes, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
The Anchorage Police Department and the U.S. Postal Inspection Service, along with the Anchorage Airport Police, conducted the investigation leading to the indictment in this case. This case is being prosecuted by Assistant U.S. Attorney Aunnie Steward.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Supervisory Border Patrol Agent Convicted of Lying to Federal Grand JuryRead the Press Release
Assistant U.S. Attorney Nicholas Pilchak (619) 546-9709 or Assistant U.S. Attorney Michael A. Deshong (619) 546-9290
NEWS RELEASE SUMMARY – April 27, 2018
SAN DIEGO – Supervisory Border Patrol Agent David Wayne Skinner was convicted Thursday of making false statements to a federal grand jury in connection with an investigation of a benefits fraud scheme.
At trial, the jury heard evidence that Skinner’s accomplices, former U.S. Marine Corps reservist Major Jason Wild and former Lieutenant Colonel Michael Strom, defrauded the Marine Corps out of $205,628 between 2006 and 2010, according to evidence admitted at trial. Skinner assisted with the scheme by signing a fake lease agreement used by Strom to make the claims, and by trying to call the military authorities responsible for paying the claim.
Witnesses explained how Strom filed two years’ worth of false claims with the Marine Corps, pretending to rent Wild’s home from Skinner. All of Strom’s claims listed Skinner as the landlord for Wild’s property, even though trial evidence established that Skinner never received any of the $98,716 of rent that Strom claimed to have paid him. Instead, Strom paid Skinner $1,000 during the duration of the scheme.
Strom pleaded guilty to wire fraud conspiracy and making a false claim in 2016; Wild was convicted in November 2016 after a separate trial. Both men were sentenced to prison terms, and the pair has repaid the entire $205,628 back to the Marine Corps.
Agents first interviewed Skinner about the fake lease arrangement in August 2013. Shown a copy of the lease agreement, Skinner denied ever seeing it. He again denied authorizing the lease in an interview with agents and a prosecutor in April 2015. Finally, Skinner testified in the grand jury in September 2015 and once again denied ever seeing the fake lease agreement before agents first showed it to him in 2013. When shown a copy of the agreement with his signature on it in the grand jury, Skinner admitted the signature was his but could not explain how it had arrived on a document he had never seen. Skinner also denied ever receiving any money from Strom, even though the two had spoken by telephone the day Strom wrote Skinner the check for $1,000.
After a three-day jury trial, the jury found that Skinner knowingly lied when issuing his denials about the lease agreement to the grand jury. He was acquitted of a separate count charging him with falsely denying receiving money from Strom.
Skinner’s sentencing hearing is set for August 6, 2018 at 9:00 a.m. before Judge Anthony J. Battaglia.
“America’s entire justice system depends upon witnesses giving honest testimony under oath,” said U.S. Attorney Adam L. Braverman. “This jury verdict is a powerful reminder that any person who takes the oath and knowingly lies will be held accountable—whether they are a civilian or a career law enforcement officer.” U.S. Attorney Braverman also commended the outcome as the result of the years-long close coordination between the Defense Criminal Investigative Service (DCIS), the Naval Criminal Investigative Service (NCIS), the Department of Homeland Security, Office of the Inspector General (DHS OIG), and the Naval Audit Service.
“This conviction should send a clear message that DHS OIG will aggressively investigate DHS employees who brazenly defy federal laws and betray the public trust,” declared DHS OIG Special Agent in Charge Amanda Thandi.
“Today’s guilty verdict in the trial of current U.S. Border Patrol Supervisory Agent and former U.S. Marine Corpsman David W. Skinner for perjuring himself before a federal grand jury sends a clear message that dishonesty in a federal criminal investigation will not be tolerated,” said Chris D. Hendrickson, Special Agent in Charge of the DCIS Western Field Office. “The conduct of Agent Skinner is particularly reprehensible given that he is serving as a federal law enforcement official. Those who serve in the Government have an obligation to uphold the public's trust or pay the consequences. The efforts of DCIS, the Naval Criminal Investigative Service, the Naval Audit Service, Department of Homeland Security, and the Department of Justice resulted in a just verdict.”
“NCIS will continue to work with our law enforcement partners to hold responsible those who put personal gain above their responsibility to the nation,” said Belinda Saunders, Special Agent in Charge of the NCIS Southwest Field Office. “A law enforcement representative who so readily casts aside the public trust placed in them and lies under oath needs to be held accountable for his actions.”
DEFENDANT—Case Number: 17-cr-1464-AJB Next Court Date
David Wayne Skinner Sentencing August 6, 2018
SUMMARY OF CHARGES
Count 2: False Declaration to Grand Jury, in violation of Title 18, United States Code, Section 1623
Maximum Penalties: 5 years in prison, 3 years supervised release, and a $250,000 fine
AGENCIES
Department of Homeland Security, Office of Inspector General
Defense Criminal Investigative Service
Naval Criminal Investigative Service
Suburban Physician Indicted for Allegedly Pocketing Nearly $1 Million in Medicare and Insurer Payments for Nonexistent TreatmentRead the Press Release
CHICAGO — A suburban physician has been indicted on federal fraud charges for allegedly pocketing nearly $1 million in payments from Medicare and a private insurer for nonexistent treatment.
DR. PRANAV PATEL owned and operated Palos Medical Care, S.C., in Palos Heights. The 12-count indictment alleges that Dr. Patel submitted fraudulent claims for purported medical tests and examinations that were never performed. He allegedly used some of his patients’ names without their knowledge to submit fraudulent claims. From 2008 to 2013, Dr. Patel fraudulently obtained, or caused his clinic to obtain, at least $950,000 in payments from Medicare and Blue Cross and Blue Shield of Illinois, the indictment states.
The indictment was returned Thursday in U.S. District Court in Chicago. It charges Dr. Patel, 51, of Burr Ridge, with seven counts of health care fraud, three counts of making false statements in relation to a health care matter, and two counts of aggravated identity theft. Arraignment is set for May 15, 2018, at 8:45 a.m., before U.S. District Judge Amy J. St. Eve.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; James Vanderberg, Special Agent-in-Charge of the Chicago Regional Office of the U.S. Department of Labor, Office of Inspector General; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation.
The indictment describes several instances in which Dr. Patel submitted a claim to BCBS or Medicare for a non-invasive “duplex scan” purportedly performed on a patient, when, in fact, no such test was actually completed. On at least one occasion, according to the charges, Dr. Patel prepared a seven-page electronic medical record indicating that a patient had come to the office for a follow-up visit and examination, when the patient had actually come to the office to re-fill a prescription.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Aggravated identity theft is punishable by a mandatory sentence of two years in prison. Health care fraud is punishable by up to ten years, while false statements carry a maximum of five years. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The government is represented by Assistant U.S. Attorneys Stephen Chahn Lee and Kaarina Salovaara.