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27 April 2018
Substance Abuse Treatment Providers Pay More Than $1.3 Million to Settle False Claims Act AllegationsRead the Press Release
United States Attorney John H. Durham and Connecticut Attorney General George Jepsen today announced that NEW ERA REHABILITATION CENTER, DR. EBENEZER KOLADE and DR. CHRISTINA KOLADE have entered into a civil settlement agreement with the federal and state governments in which they will pay $1,378,533 to resolve allegations that they violated the federal and state False Claims Acts.
NEW ERA REHABILITATION CENTER (“NEW ERA”) provides behavioral health and substance abuse services to patients at its clinics in New Haven and Bridgeport. DR. EBENEZER KOLADE and DR. CHRISTINA KOLADE (the “KOLADES”) are the co-founders and owners of NEW ERA.
As part of their practice, NEW ERA and the KOLADES provide methadone maintenance services to Medicaid beneficiaries. Medicaid pays providers a weekly “bundled rate” for methadone maintenance services. Included in the bundled rate, pursuant to state regulations, is the intake evaluation of the patient; the initial physical examination; on-site drug abuse testing and monitoring; and individual, group, and family counseling services. The counseling services provided to methadone maintenance patients are included in the bundled rate and should not be billed as separate services.
The government alleges that NEW ERA and the KOLADES provided methadone maintenance counseling services to its Medicaid patients and were paid the bundled rate for those services, but also submitted claims to Medicaid for psychotherapy services for the same patients. The government alleges that NEW ERA and the KOLADES did not provide the psychotherapy services, but only provided methadone maintenance counseling services, which were already included in the weekly bundled rate. The United States and the State of Connecticut contend that the claims NEW ERA and the KOLADES submitted for psychotherapy services constituted false claims submitted to the Medicaid program.
To resolve the allegations under the federal and state False Claims Acts, NEW ERA and the KOLADES have agreed to pay $1,378,533, which covers conduct occurring from October 1, 2009 through November 30, 2013.
“We must ensure that taxpayers’ health care dollars used for substance abuse treatment are properly spent,” said U.S. Attorney Durham. “Medical practices and physicians who treat patients for substance abuse must bill their services accurately and honestly. Health care providers who submit false claims to federal health care programs will be held accountable.”
This matter was investigated by the Office of Inspector General for the Department of Health and Human Services. The case is being prosecuted by Assistant U.S. Attorney Richard M. Molot and by Assistant Attorneys General Antonia Conti and Robert Teitelman of the Connecticut Office of the Attorney General.
People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS or the Health Care Fraud Task Force at (203) 777-6311.
Statement of U.S. Attorney Craig Carpenito on Appointment by U.S. District CourtRead the Press Release
“Chief Judge Jose L. Linares notified me that the U.S. District Court has appointed me United States Attorney for the District of New Jersey. I would like to thank the Chief Judge and the Court for the tremendous honor they have bestowed on me with this appointment.
“It is a great privilege for me to return to my roots as a federal prosecutor in New Jersey. Working side by side with the men and women of this great office, we will continue the tradition of fairly and vigilantly pursuing justice in service of the people of New Jersey and the United States.”
South Bay Resident Sentenced to over Four Years in Prison for Scheme to Illegally Structure Cash Deposits from Marijuana SalesRead the Press Release
SAN FRANCISCO– Steven J. Nemec was sentenced today to 57 months prison and ordered to forfeit $80,000 for structuring cash transactions, announced Acting U.S. Attorney Alex G. Tse, Drug Enforcement Administration (DEA) Assistant Special Agent in Charge Chris Nielsen, and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf. The sentence was handed down by the Honorable Susan Illston, U.S. District Judge, following Nemec’s entry of a guilty plea on September 1, 2017.
According to his guilty plea, between November 14, 2012, and September 24, 2013, Nemec, 46, of Santa Clara, Calif., used seven bank accounts to structure 175 cash deposits, totaling $1,374,830. Nemec admitted that all of the cash deposits were made in amounts less than $10,000 in an effort to avoid scrutiny of his financial transactions. In addition, Nemec admitted he knew the funds being deposited were the proceeds of illegal activity, i.e., marijuana sales. Nemec also did not report to the IRS the portion of the money that was his own income.
On March 29, 2016, a federal grand jury issued an indictment charging Nemec with 54 counts of structuring, in violation of 31 U.S.C. § 5324(a)(3). Pursuant to his guilty plea, Nemec pleaded guilty to all the counts.
In addition to the term of imprisonment and restitution, Judge Illston ordered Nemec to serve 3 years of supervised release following his prison term.
Assistant U.S. Attorney Helen Gilbert is prosecuting this case with assistance from Ana Guerra and Linda Love. The prosecution is the result of an investigation by the Drug Enforcement Agency and Internal Revenue Service, Criminal Investigation. This case was investigated and prosecuted by member agencies of the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state, and local law enforcement agencies.
Sioux City Man Sentenced to Prison for Methamphetamine OffenseRead the Press Release
COUNCIL BLUFFS, Iowa - On April 25, 2018, Alan Calderon Reyes, 23, of Sioux City, Iowa, appeared before United States District Court Senior Judge James E. Gritzner and was sentenced to 151 months in prison for possession with intent to distribute methamphetamine announced United States Attorney Marc Krickbaum.
On April 10, 2017, following a high-speed car chase with law enforcement in Washington County, Nebraska, Reyes crossed the Iowa state line into Pottawattamie County, where Pottawattamie County deputies continued to pursue Reyes. Reyes lost control of his vehicle, drove into a ditch, and attempted to flee from deputies on foot. Reyes was eventually apprehended and a large quantity of methamphetamine was seized from his vehicle.
This case was investigated by Washington County, Nebraska Sheriff’s Office, Pottawattamie County Sheriff’s Office, Southwest Iowa Narcotics Task Force, and Iowa Division of Narcotics Enforcement. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Sidney Iowa Couple Sentenced to Prison for Methamphetamine ConspiracyRead the Press Release
COUNCIL BLUFFS, Iowa - On April 25, 2018, Christopher Leroy Jordan, age 30, and his spouse, Randi Marie Jordan, age 26, both from Sidney, Iowa, were sentenced by United States District Court Senior Judge James E. Gritzner for conspiracy to distribute methamphetamine announced United States Attorney Marc Krickbaum. Christopher Jordan was sentenced to 168 months of imprisonment and 10 years of supervised release to follow his prison term. Randi Jordan was sentenced to 42 months of imprisonment followed by 3 years of supervised release.
In early November 2016, the Fremont County Sheriff’s Office initiated an investigation of Christopher and Randi Jordan for the distribution of methamphetamine. A search warrant was executed on January 31, 2017, at the Jordan’s house, resulting in the seizure of methamphetamine, marijuana plants, and related evidence, as well as the arrests of both defendants.
This investigation was conducted by Fremont County Sheriff’s Office and Iowa Division of Narcotics Enforcement. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Sex Offender Sentenced for Failure to Register as Required by LawRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shamar R. Chester, 42, of Rochester, NY, who was convicted of failing to register as a sex offender, was sentenced to 21 months in prison and five years supervised release by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney John J. Field, who handling the case, stated that Chester was convicted in 2007 in Washington, DC, of committing a sex crime involving a child. As a result, the defendant was required to register as a sex offender and keep that registration updated. In March 2015, Chester moved from Washington, DC, to Rochester, NY, but failed to register as a sex offender in New York State. The defendant also failed to notify the authorities in Washington, DC, that he had moved to Rochester.
The sentencing is the result of an investigation by the U.S. Marshal Service, under the direction of Marshal Charles Salina.
Senate Confirms United States AttorneyRead the Press Release
KANSAS CITY, Mo. – Timothy A. Garrison has been confirmed by the U.S. Senate as the United States Attorney for the Western District of Missouri.
“I am honored to be confirmed as the United States Attorney and I look forward to serving the residents of Missouri,” said Garrison. “As a federal prosecutor, I have had the privilege of working with some of the best federal, state and local law enforcement officers in the country. As U.S. Attorney, I will continue to collaborate with our law enforcement partners to fulfill the mission of the Department of Justice.”
The U.S. Senate voted on Thursday, April 26, 2018, by unanimous consent to confirm Garrison’s nomination. Garrison has been serving as the interim U.S. Attorney since his appointment by U.S. Attorney General Jeff Sessions on Jan. 3, 2018.
Garrison is an eighth generation Missourian, and grew up in Greene County. He graduated magna cum laude from Drury University with a degree in political science, and holds a Master of Public Administration degree and a law degree from the University of Missouri.
Garrison received his officer’s commission after graduating from Marine Corps Officer Candidates School in 2003, and served as a military prosecutor. His active duty military career took him to duty stations on the East Coast, West Coast, and Iraq.
In 2007, Garrison left active duty and returned with his family to Missouri, where he served as a federal prosecutor with the United States Attorney’s Office for the Western District of Missouri. Garrison’s efforts focused on large-scale interstate and international drug trafficking organizations and violent criminals, but also included firearms offenses, tax evasion, sex crimes, and illegal immigration. He served in the district’s Springfield office until his appointment as United States Attorney.
Since leaving active duty, Garrison has continued to serve in the Marine Corps Reserves. In 2014, he deployed to Afghanistan’s Helmand Province as the Chief of Operational Law for an eight-nation multinational force. Garrison is a distinguished graduate of both the Marine Corps’ Expeditionary Warfare School and Command and Staff College. He currently serves as Deputy Legal Counsel in the Office of the Chairman of the Joint Chiefs of Staff at the Pentagon. A lieutenant colonel, Garrison’s personal decorations include the Combat Action Ribbon, the Meritorious Service Medal, two Navy & Marine Corps Commendation Medals, and the Navy & Marine Corps Achievement Medal.
Garrison has received awards from the Army Judge Advocate General’s Legal Center and School for excellence in trial advocacy, and from the Missouri Bar Foundation for his appellate advocacy before the United States Court of Appeals for the Eighth Circuit.
Seller of Counterfeit and Unapproved Pharmaceuticals Sentenced to PrisonRead the Press Release
Assistant U.S. Attorney Melanie K. Pierson (619) 546-7976
NEWS RELEASE SUMMARY – April 27, 2018
SAN DIEGO – Tijuana resident Alejandro Hernandez was sentenced in federal court today to 30 months in custody for conspiring to smuggle and sell counterfeit and unapproved drugs. The defendant was also ordered to pay restitution of $9,750 to Eli Lilly and Co., for losses related to his sale of counterfeit products.
During a long-term undercover investigation, agents purchased counterfeit or unapproved pharmaceuticals from Hernandez on six separate occasions – oftentimes in a Chula Vista parking lot, paying for them with cash. The drugs were all labeled in the Spanish language, and included products such as Buscapina, Prodolina and Neo-Melubrina, which are not approved by the Food and Drug Administration for use in the United States. Hernandez also provided counterfeit versions of several drugs, including Viagra and Cialis.
Hernandez told undercover operatives that his boss in Mexico had other employees, including a driver who would walk or drive across the border with the pharmaceuticals. Surveillance indicated that Hernandez stored the illegal pharmaceuticals at various self-storage units near the border. Agents arrested Hernandez earlier this year as he made a delivery of pharmaceuticals, and executed a search warrant at one of his self-storage units. The search yielded over $250,000 of unapproved and counterfeit pharmaceuticals in the storage unit, as well as ledgers documenting years of sales.
“This office is committed to protecting the health and safety of the citizens in our district by keeping counterfeit and unapproved prescription drugs off the market, and prosecuting individuals who seek to profit from the illegal distribution of such drugs,” said U.S. Attorney Adam L. Braverman.
“U.S. consumers rely on the FDA’s scientific review to ensure that their drugs are safe and effective,” said FDA Office of Criminal Investigations Special Agent in Charge Lisa Malinowski. “The mission that drives our investigations is protecting patients from unsafe drugs. As there are no assurances that unapproved products from foreign sources are safe or effective, we must protect consumers from these foreign unapproved medicines. The FDA will continue to pursue and bring to justice those who violate the Federal Food Drug and Cosmetic Act by introducing unapproved and misbranded drugs into interstate commerce.”
“Homeland Security Investigations agents, our law enforcement partners, and prosecutors worked diligently to investigate Hernandez's criminal activity,” said David Shaw, Special Agent in Charge of HSI in San Diego. “Today’s sentencing shows our commitment to bring to justice those who endanger the public by illegally importing and distributing counterfeit pharmaceuticals.”
DEFENDANT Criminal Case No. 18cr0380-DMS
Alejandro Hernandez Age: 54 Tijuana, Mexico
SUMMARY OF CHARGES
Count 1
Conspiracy, 18 U.S.C. § 371
Maximum penalty: 5 years in custody, fine of $250,000 or twice the gross gain or loss caused by the offense, restitution, three years of supervised release
AGENCIES
Homeland Security Investigations
Food and Drug Administration, Office of Criminal Investigations
Salvadoran National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON - A Salvadoran national was charged yesterday in federal court in Boston with illegally reentering the United States after being deported.
Jose Antonio Reyes-Ramos, 33, was indicted on one count of illegal reentry of a deported alien.
According to court documents, on March 31, 2017, law enforcement officers in Framingham encountered Reyes-Ramos and determined him to be unlawfully present in the United States. Reyes-Ramos was previously deported on Jan. 6, 2012.
Reyes-Ramos faces a sentence of no greater than two years in prison, one year of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Sacramento Man Sentenced for Bank Fraud and Identity Theft Scheme Using Stolen U.S. MailRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge Garland E. Burrell Jr. sentenced a Sacramento man today for his participation in a scheme that involved stealing and deconstructing U.S. Postal Service locks to reverse engineer keys in order to steal U.S. Mail, steal identities and defraud financial institutions, U.S. Attorney McGregor W. Scott announced.
Dang Vue, 28, was sentenced to three years and nine months in prison. On November 17, 2017, Vue and his co-defendant, Billee Vang, 27, pleaded guilty to bank fraud, aggravated identity theft, theft of stolen U.S. mail, stealing and reproducing postal service locks and keys, and unlawful possession of at least five identification documents for fraudulent purposes.
According to court documents, between January 13, 2017, and May 12, 2017, Vue and Vang stole mail throughout Sacramento and Placer Counties, including neighborhoods in Roseville, Elk Grove, and Sacramento. As part of their criminal scheme, Vue and Vang stole Postal Service locks and used them to reverse engineer keys to open neighborhood mailbox units and steal mail from them.
Vue and Vang used the stolen mail, including checks and identification documents, to take over victim bank and credit accounts. Additionally, they used and attempted to use credit and debit cards, credit card convenience checks, and personal checks that had been stolen from postal customers to conduct unauthorized transactions at the expense of federally insured financial institutions.
On May 12, 2017, when arrested in Elk Grove, the defendants were found to possess numerous reverse engineered counterfeit keys, metal filing tools, pry bars and other burglary tools, and stolen U.S. mail from neighborhood mailbox units.
This case is the product of investigation by the U.S. Postal Inspection Service with assistance from the Elk Grove Police Department, the Sacramento County Sheriff’s Office, and the Roseville Police Department. Assistant U.S. Attorney Michelle Rodriguez is prosecuting the case.
Vang is scheduled to be sentenced by Judge Burrell on May 4, 2018. He faces up to 30 years in prison for the bank fraud convictions, and a mandatory consecutive two years in prison for aggravated identity theft. He also faces up to five years in prison for theft of U.S. Mail, 10 years in prison for stealing and reproducing postal service locks and keys, and 15 years in prison for possessing over five identity documents for purposes of fraud.
Serial Armed Robber Sentenced to 54 Years in PrisonRead the Press Release
A Detroit man was sentenced to just over 54 years in federal prison after having pleaded guilty earlier this year to armed robbery and firearms offenses, announced United States Attorney Matthew Schneider.
Schneider was joined in the announcement by Special Agent in Charge James Deir, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Carlos Harper, 38, of Detroit was sentenced yesterday by United States District Judge Robert H. Cleland.
According to court records, Carlos Harper, along with co-defendants William Joseph Fields and Roxanne Harper, conspired with one another to rob four businesses in Southwest Detroit, including Favi’s Nail Salon and the West Fort Street bar. Carlos Harper and Fields entered the businesses wearing scarves over their faces and used aliases in order to conceal their identities. Armed with pistols, they brandished those weapons to threaten, injure and instill fear in their victims. During the robberies, Carlos Harper shot two women in the West Fort Street Bar (causing severe injuries), fired a shot into Favi’s Nail Salon when it was full of women and children, and caused a family-run dollar store business to close down for good. The robberies took place between December 2014 and January 2015.
Harper and Fields were apprehended as a result of investigative efforts by ATF agents in collaboration with the Detroit Police Department.
US Attorney Schneider stated, “The 55-year sentence in this case sends a very clear message: put down your guns and your violence, or spend your life in federal prison.”
“The lives of good, innocent people have been forever changed because of these cold-hearted, senseless acts of violence,” said Special Agent in Charge James Deir. “ATF will not waiver in our commitment to remove dangerous criminals from our community so citizens can live in peaceful and thriving neighborhoods.”
Co-defendants Williams Fields and Roxanne Harper each pleaded guilty to their role in the robberies and await sentencing in June.
United States Attorney Schneider praised the work of all officers and agencies involved for their diligent pursuit and investigation of the men who were intent on terrorizing businesses, employees and customers in the Detroit area.
The case was prosecuted by Assistant United States Attorneys Michael Martin and Amanda Jawad.
Ravenna man indicted for using firearms while trafficking fentanyl and cocaine, making straw purchase of a handgunRead the Press Release
A Ravenna man was indicted for using a firearm while selling fentanyl and cocaine, as well as making a straw purchase of a firearm, U.S. Attorney Justin Herdman said.
Josiah Jackson, 25, was indicted on one count of making a false statement in acquisition of a firearm, one count of possessing a firearm in furtherance of drug trafficking and one count each of possession with intent to distribute fentanyl, cocaine and marijuana.
Jackson on March 28, 2018, possessed a Springfield 9 mm pistol, a Glock 9 mm pistol, a FN 28-caliber pistol and a Glock 40-caliber pistol, as well as ammunition. He also possessed fentanyl, cocaine and marijuana, according to the indictment.
Jackson also purchased a Taurus 9 mm pistol from On Target Firearms LLC in Parma on July 31, 2015. Jackson stated he was the actual buyer of the firearm when, in fact, he was not the actual buyer, 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 the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Portage County Sheriff’s Office and the Cleveland Divisions of Police. This case is being prosecuted by Assistant U.S. Attorneys Scott Zarzycki and Robert J. Patton.
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.
Queens Man Pleads Guilty to Distributing Heroin, Crack CocaineRead the Press Release
ALBANY, NEW YORK – Darnell D. Devaughn, age 33, of Queens County, New York, pled guilty yesterday to distributing heroin and crack cocaine in Albany County.
The announcement was made by United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Devaughn admitted to distributing heroin and cocaine base (a/k/a crack cocaine) in the Crossgates Mall parking lot on November 9, 2016.
Devaughn is in custody pending sentencing.
United States District Judge Mae A. D’Agostino will sentence Devaughn on August 24, 2018. He faces up to 20 years in prison, and a term of post-imprisonment supervised release of at least 3 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and New York State Police, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Postal Employee Pleads Guilty to Stealing MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Ludwig, 45, of Fairport, NY, pleaded guilty to theft of mail matter by a postal employee before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that on December 27, 2017, the U.S. Postal Service, Office of Inspector General, received information about mail thefts at the Victor, NY Post Office. Postal managers reported receiving multiple complaints of missing mail from postal customers. All of the complaints came from Victor City Route 01. The defendant was identified as the assigned carrier during the time the mail went missing.
A subsequent investigation determined that all the customers reported missing mail which contained either cash or gift cards, some of which were mailed to the victims, while other missing items were stamped and addressed to others and placed in the mailbox for pick up by the letter carrier. One victim, who reported a specific retail store gift card missing, retained the gift card identification number and determined that the stolen gift card was redeemed at a local store in the Rochester area. The retailer was able to identify the person who redeemed the stolen gift card.
During the investigation, Postal OIG Special Agents conducted surveillance of Ludwig while he carried out his postal duties. The defendant was electronically tracked to deviate from his assigned postal route, and to travel to the residential address of the individual who redeemed the stolen gift card. Also during the investigation, agents placed a piece of outgoing mail in a mailbox along City Route 01 which contained two $25 Wegmans store gift cards. It was subsequently determined that the gift cards were used by the defendant.
Postal OIG Special Agents also installed a surveillance video camera in the Postal Service government vehicle operated by Ludwig during the course of his official duties as a letter carrier. A review of that surveillance video found the defendant picking envelopes that appeared to contain greeting cards out of his assigned load, opening the envelopes, and removing items from inside the envelopes. Additionally, the surveillance video showed that while on duty, Ludwig was observed preparing two lines of a white powdery substance, which he appeared to ingest nasally through the use of a rolled dollar bill.
The plea is the culmination of an investigation by Special Agents of the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely.
Sentencing is scheduled for August 6, 2018, at 3:00 p.m. before Judge Wolford.
Plattsburgh Man Pleads Guilty in Connection with Fatal OverdoseRead the Press Release
SYRACUSE, NEW YORK – Thomas A. Burnell, age 36, of Plattsburgh, New York, pled guilty today to selling heroin mixed with fentanyl that caused the death of a customer. Burnell separately pled guilty today to possessing a weapon while incarcerated as a federal inmate at the Clinton County Jail.
The announcement was made by United States Attorney Grant C. Jaquith and U.S. Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt of the New York Division.
United States Attorney Grant C. Jaquith stated: “Today’s plea holds yet another heroin dealer accountable for a fatal overdose. Dealers must know that when they sell heroin, they are playing Russian roulette with the lives of their customers and that our resolve to hold them accountable for deaths – regardless of the amount sold -- will not waver. We will continue to investigate and prosecute overdose death cases, and other cases of illicit opioid trafficking, as part of our multi-pronged work with our law enforcement and community partners to prevent further tragedies through education, prevention, deterrence, and treatment.”
DEA Special Agent in Charge James J. Hunt stated: “Too many lives have been lost as a result of drug overdoses. This investigation’s significance is that it brought a drug dealer to face the consequences of his actions and admit his guilt. DEA and the U.S. Attorney’s Office for the Northern District of New York will continue to investigate those responsible for trafficking drugs and those whose actions lead to death.”
As part of his plea, Burnell admitted that on January 16, 2016, he went to the Plattsburgh apartment of a male customer, “J.G.” and gave J.G. two bags of what Burnell believed to contain heroin, for $70. J.G. ingested the substances that Burnell sold to him, which was heroin mixed with fentanyl. J.G. died that day due to opiate overdose.
Burnell was a registered sex offender at the time of the crime, having been convicted in 2003 of sexual abuse in the first degree.
In pleading guilty, Burnell also admitted that on March 30, 2017, while detained at the Clinton County Jail on the drug charge he pled guilty to today, he possessed a sharpened toothbrush as a weapon. Officers found the weapon while conducting a random search of Burnell’s cell.
Senior United States District Judge Norman A. Mordue is scheduled to sentence Burnell on August 20, 2018.
Subject to Judge Mordue’s approval, Burnell’s plea agreement requires him to serve 18 years in prison for the drug offense. On the weapon offense, Burnell faces up to 5 years in prison. Burnell also faces a term of post-imprisonment supervised release of at least 3 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The drug overdose case was investigated by the DEA and the Plattsburgh Police Department. The prison contraband case was investigated by the U.S. Marshals Service and the Clinton County Sheriff’s Department. The cases are being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Pikesville Man Sentenced to 20 Years in Prison in Connection with 2009 MurderRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4855
Baltimore, Maryland – United States District Judge Marvin J. Garbis sentenced Stanislav “Steven” Yelizarov, age 28, of Pikesville, Maryland, to twenty years in prison, followed by five years of supervised release for one count of Use, Carry and Discharge of a Firearm During and in Relation to a Crime of Violence Causing the Death of Another.
The sentence was imposed to run consecutive to the 30-year sentence that Yelizarov is serving for the conspiracy, kidnapping, and brandishing a firearm in connection with his role as the leader of a robbery of a jewelry store, carjacking, kidnapping, and an armed home invasion in 2012 through 2013.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Commissioner Darryl De Sousa of the Baltimore City Police Department; and Chief Terrence B. Sheridan of the Baltimore County Police.
According to the evidence at the sentencing hearing, Yelizarov was a serial burglar of homes in Baltimore County. The victim, Wayne Ruder, owned a jewelry store on Reisterstown Road in Baltimore City. Ruder’s business bought and sold precious metals and stones, and engaged in business throughout Maryland, Washington D.C., Virginia and Pennsylvania. In March 2009, Yelizarov burglarized the home of an acquaintance and during the course of that burglary, stole a large diamond engagement ring. Yelizarov sold the diamond to Ruder and later came to believe that the diamond was worth significantly more than Ruder had paid him.
In April 2009, Yelizarov burglarized the home of another acquaintance, and stole a number of firearms and accessories, including a Llama handgun that was equipped with a suppressor and had been converted to fire .22-caliber ammunition. Prior to the murder, Yelizarov searched for and purchased .22 subsonic ammunition.
In early December 2009, Yelizarov told Ruder that he had people from New York who were looking to sell a large amount of gold. Yelizarov and Ruder communicated frequently over the next weeks regarding the transaction, which Ruder reported was going to involve over $30,000 worth of gold. On December 25, 2009, Ruder agreed to meet Yelizarov at his store the following day. On December 26, 2009, after a number of phone calls between Yelizarov and Ruder, Yelizarov drove to the store and entered the front door. Using the stolen Llama handgun equipped with a suppressor and loaded with .22-caliber subsonic ammunition, Yelizarov shot Ruder at the store entrance, and then continued to shoot him as he fled to the back of the store. In total, Yelizarov shot Ruder 15 times, including three shots to his back and 10 shots to his head. After killing Ruder, Yelizarov took Ruder’s bank bag, which typically contained between $15,000 and $30,000 of cash.
Subsequent to the robbery and murder, Yelizarov dismantled and disposed of the Llama handgun in a quarry near Yelizarov’s residence.
Also introduced as evidence at trial, while in the Maryland Department of Corrections in 2015, Yelizarov plotted the murder of numerous witnesses in the federal cases against him.
United States Attorney Robert K. Hur commended the FBI, the Baltimore Police Department, and the Baltimore County Police for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Aaron Zelinsky, who assisted the investigation, and Assistant U.S. Attorneys Paul Budlow and Daniel C. Gardner, who prosecuted the case.
Philadelphia Man Charged with Sending Harassing TextsRead the Press Release
Bryan McGraw, 49, of Philadelphia, was charged today by criminal information with sending harassing text messages over a four-year period, announced United States Attorney William M. McSwain.
The information alleges that McGraw repeatedly sent communications between February of 2014 and March of 2018, via a telecommunications device, solely for the purpose of harassing a specific individual.
If convicted the defendant faces a maximum possible sentence of 2 years imprisonment, 1 year of supervised release, a fine of $250,000, restitution, forfeiture, and a $100 special assessment.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Albert S. Glenn.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pennsylvania Man Sentenced to Life in Prison for Distributing Fentanyl Analogue Resulting in the Death of A 24-Year-Old Orlando WomanRead the Press Release
Orlando, Florida – U.S. District Judge Paul Byron today sentenced Jeremy Achey (43, Bethlehem, Pennsylvania) to life in federal prison for conspiracy to distribute and distribution of controlled substance analogues. A federal jury found Achey guilty of the offenses on January 25, 2018.
“Today’s sentence underscores the severity of these crimes, and their lethal consequences,” said U.S. Attorney Chapa Lopez. “Combating such crimes remain a top priority of our office. We will continue to prosecute them to the fullest extent of the law.”
“The sentence delivered today illustrates the dangers of illicit drugs mixed with fentanyl,” said Adolphus P. Wright, Special Agent in Charge of the DEA, Miami Field Division. “Let me be clear to all those who feel safe hiding behind the dark web to dispense lethal drugs, you will eventually pay a high price for your actions.”
According to testimony presented at trial, Achey, operating under the name “EtiKing,” was one of the largest synthetic drug distributors on Alphabay Market, a “Darknet” marketplace for illicit substances. Achey used the U.S. Mail to distribute thousands of packages containing numerous synthetic drugs to hundreds of customers throughout the United States. On February 27, 2017, he sold one gram of Tetrahydrofuran fentanyl (a synthetic analogue of fentanyl) that killed a 24-year-old woman in Orlando.
This case was investigated by the Drug Enforcement Administration, with assistance from the Pennsylvania State Troopers, the Orange County Sheriff’s Office, the U.S. Postal Inspection Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Loudoun County (Virginia) Sheriff’s Office. It was prosecuted by Assistant United States Attorney Nathan W. Hill.
Peabody Man Indicted on Robbery and Firearm ChargesRead the Press Release
BOSTON – A Peabody man was indicted yesterday in federal court in Boston in connection with 15 armed robberies throughout greater Boston.
Luis Cintron, 39, was indicted on 15 counts of interfering with commerce by robbery and one count of discharging a firearm during a crime of violence. In March 2018, Cintron was arrested and charged by criminal complaint and has been in custody since.
According to the charging documents, Cintron was involved in the robbery of 15 convenience stores in the greater Boston area between Dec. 28, 2017, and Feb. 15, 2018. During each of the robberies, which occurred in East Boston, Chelsea, Lynn, Winthrop, Peabody, and Everett, two robbers entered the store wearing masks and wielding a firearm. During a Jan. 8, 2018, robbery in Lynn, one of the robbers fired a gun at a clerk who had followed the robbers out of the store.
Each charge of interfering with commerce by robbery provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000. The charge of discharging a firearm during a violent crime provides for a minimum mandatory sentence of 10 years and up to life in prison, to be served consecutive with any other sentence imposed, five years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Boston Police Commissioner William Evans; Chelsea Police Chief Brian Kyes; Lynn Police Chief Michael Mageary; Winthrop Police Chief Terence M. Delehanty; Peabody Police Chief Thomas Griffin; and Everett Police Chief Steven A. Mazzie made the announcement. Assistant U.S. Attorney Robert Richardson of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Parma couple indicted for defrauding Social Security out of $47,000Read the Press Release
A Parma man and woman were indicted on charges of conspiracy to defraud the United States and theft of government property, Social Security fraud, and obstruction of justice, said U.S. Attorney Justin E. Herdman.
David Fievet, 51, and Gerolyn Fievet, 52, conspired to steal $47,556 in Supplemental Security Income (SSI) benefits by concealing David Fievet’s presence in the family home, according to the indictment.
The SSI program is administered by the Social Security Administration. It pays monthly cash benefits to those found to be disabled and in financial need, based on the beneficiary’s income, living arrangements and other circumstances. A representative payee is approved to managed the beneficiary’s funds and ensure their basic human needs are met, such as food, clothing and shelter, according to the indictment.
Gerolyn Fievet applied for SSI benefits on behalf of her son around September 2006. She applied to serve as representative payee for her son and reported that her husband (and her son’s father) did not live in the household. SSA informed Fievet that she was required to promptly notify SSA if anyone moved into or out of the house. SSA issued SSI benefit checks directly to Fievet, according to the indictment.
In truth, David Fievet lived with Gerolyn Fievet and their son – a fact they did not disclose to the SSA, according to the indictment.
Special Agent Kelly Clark from the Social Security Administration Office of the Inspector General conducted the investigation. Special Assistant U.S. Attorney Payum Doroodian is prosecuting the case.
If convicted, the Court will determine the defendant’s sentence after a 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. 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.
Owners of Sponsor Organization and Catering Company Charged in Connection with Multi-Million Dollar Scheme to Defraud Food Program for Underprivileged South Florida ChildrenRead the Press Release
Sandra Ruballo, 46, of Davie, and Carlos Andres Montoya, 47, of Miramar, have been charged by criminal complaint with participating in a conspiracy to defraud the federally funded Child Care Food Program (CCFP), which provides free and reduced meals to underprivileged children at hundreds of South Florida daycare centers. As part of the scheme, the conspirators falsified paperwork, entered into various kickback arrangements, manipulated the catering bid process, and inflated annual budgets, all in order to receive millions of dollars of falsely and fraudulently obtained federal funds for their own personal use and benefit.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida; Michael J. DePalma, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI); Brian Swain, Special Agent in Charge, U.S. Secret Service (USSS); and Karen Citizen-Wilcox, Special Agent in Charge, U.S. Department of Agriculture, Office of Inspector General (USDA-OIG), made the announcement.
Ruballo and Montoya were charged with one count of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, in Case No. 18-MJ-02629 (Ruballo) and Case No. 18-MJ-2592 (Montoya). Each defendant faces a maximum statutory sentence of 20 years in prison.
According to court documents, the purpose of the CCFP is to provide nutritious meals and snacks to underprivileged children in daycare centers located in the Southern District of Florida, and elsewhere. As such, the CCFP provides children classified at or below a certain family income level with daily meals and snacks, at a free or a reduced rate. Daycare centers often contract with a sponsoring organization to process and submit their program paperwork. In those situations, the sponsoring organization enters into an agreement to operate the CCFP, and assumes administrative and financial responsibility on behalf of the center.
The criminal complaint alleges that Ruballo was the owner and operator of Highland Food Resources, Inc. (HFR), a sponsoring organization of more than 200 daycare centers that participated in the CCFP. In this role, HFR processed paperwork and electronically submitted monthly reimbursement claims on behalf of such centers. Reimbursement was calculated on a sliding scale, with the largest reimbursement being for children at the daycare centers classified as free, then reduced, then non-needy. Once HFR was reimbursed with federal funds, they paid the daycare centers, less HFR’s fee, which is a percentage of the total monthly meal reimbursements. Thus, the size of HFR’s payment was driven, in part, by the number of meals claimed by daycare centers that are multiplied by a higher reimbursement rate for the free and reduced meals/snacks.
Ruballo and others allegedly falsified paperwork for children enrolled at daycare centers in order to qualify more kids for free and reduced meals under the CCFP. They also inflated the number of meals claimed to have been served at centers. This fraudulent paperwork was used as the basis for inflated monthly reimbursement claims that Ruballo submitted to the program.
On behalf of HFR, Ruballo also allegedly solicited caterers through a bidding process to deliver meals to children at participating daycare centers. The caterers were reimbursed by HFR under the terms of their agreement for the meals provided. Montoya was the owner and operator of Montoya Holdings, Inc., a catering service that Ruballo selected through the bidding process to provide CCFP meals to eligible students at participating daycare centers located in the Southern District of Florida. In return for providing such meals, Montoya Holdings was paid more than $8 million in federal funds, via HFR.
According to court documents, Ruballo, Montoya and others conspired to rig the catering bid process through materially false and fraudulent representations to the CCFP. For example, Ruballo agreed to accept kickbacks from Montoya in exchange for using false and fraudulent misrepresentations and pretenses regarding meal pricing, bid details, and inflated monthly reimbursement claims to repeatedly secure catering contracts for Montoya Holdings at participating CCFP centers that used HFR as a sponsoring organization. The difference between the represented inflated costs submitted by Ruballo, and the actual costs, were used, in part, to fund monthly cash kickbacks.
Additionally, according to court documents, Ruballo inflated the budget that she submitted to the USDA as part of the CCFP. For example, certain HFR employees agreed to receive inflated salaries from Ruballo in exchange for cashing part of their paychecks and providing the cash to Ruballo. Furthermore, while employed at HFR and in violation of the CCFP rules and regulations, conspirators received monthly side payments from daycare centers in exchange for helping with their paperwork and administrative items. They retained a portion of these payments for her own personal use and benefit, and provided the remainder of them to Ruballo, who knowingly accepted the cash payments and retained them for her own personal use and benefit. During this same period, Ruballo falsely represented to the USDA that no such side payment arrangements existed.
Another defendant, Yudy Miranda, pleaded guilty in connection with the scheme to defraud, in Case No. 18-CR-20040. Miranda is scheduled to be sentenced on June 18, 2018 at 1:30 p.m. by United States District Judge Jose E. Martinez, in Miami.
Mr. Greenberg commended the investigative efforts of IRS-CI, USSS and USDA-OIG. This case is being prosecuted by Assistant U.S. Attorney Anne P. McNamara.
A criminal complaint is a charging instrument containing allegations. Every defendant is presumed innocent unless or until found guilty in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Northborough Man Pleads Guilty to Possessing Child PornographyRead the Press Release
BOSTON – A Northborough man pleaded guilty today in federal court in Worcester to possession of child pornography.
Joshua Lundberg, 35, pleaded guilty to one count of possession of child pornography. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for July 23, 2018.
In May 2016, law enforcement began an investigation of peer-to-peer file sharing networks used to share and obtain child pornography. On May 15, 2016, a member of law enforcement reviewing available public files on one such peer-to-peer network located several files he suspected to contain child pornography and was able to partially download one of the files. Law enforcement then traced the IP address used to share the partially downloaded video to Lundberg’s residence.
On June 6, 2016, a search warrant was executed at Lundberg’s home in Northborough where a laptop that was hidden on top of the kitchen cabinets in a tight space against the ceiling was seized. Forensic analysis of that computer revealed the presence of the peer-to-peer file sharing program that had been used to share the partially downloaded video along with dozens of digital files containing child pornography, one of which depicted a child between the ages of six and eight-years-old being raped by an adult male.
At the time of Lundberg’s arrest, he was on probation for a 2012 conviction in Worcester Superior Court for charges relating to the possession and dissemination of child pornography.
Lundberg is pleading guilty pursuant to a plea agreement in which both parties will recommend a sentence of 10 years in prison and 10 years of supervised release.
Because of the prior conviction, the charging statute provides for a mandatory minimum sentence of 10 years and no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Assistant U.S. Attorney Mark Grady of Lelling’s Worcester Branch Office is prosecuting the case.
New Orleans Men Found Guilty of Carjackings, Bank Robberies, and Firearms ViolationsRead the Press Release
U.S. Attorney Duane A. Evans announced that last evening, after a four-day trial, a jury returned guilty verdicts against DWAYNE WINANS, JR., a/k/a “Butter”, age 24, and BRYSON TUESNO, age 23.
The jury found WINANS guilty of committing two carjackings, on August 12, 2016 in New Orleans, and two counts of using firearms during the commission of those crimes.
The jury also found WINANS and TUESNO guilty of robbing on August 15, 2016, both the Regions Bank located at 3836 Elysian Fields Avenue in New Orleans and the Gulf Coast Bank located at 1900 Oak Harbor Boulevard in Slidell. The men were also convicted of two counts of using firearms during the commission of those crimes.
U.S. District Judge Nannette Jolivette Brown has not yet set a sentencing date. WINANS faces a mandatory minimum penalty of 82 years imprisonment and a maximum of life, and TUESNO faces a mandatory minimum penalty of 32 years imprisonment and a maximum of life.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation. Assistant United States Attorneys Michael McMahon, Jeff Sandman, and David Howard Sinkman are in charge of the prosecution.
New Jersey Man Sentenced to 70 Months’ Imprisonment for Bank RobberyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Matthew Tomlin, age 32, of New Jersey, was sentenced on April 16, 2018, by United States District Court Judge James Munley to 70 months’ imprisonment for bank robbery.
According to United States Attorney David J. Freed, on January 31, 2017, Tomlin entered the PNC Bank, located in Carbondale, Pennsylvania, and gave the teller a note stating, “100s, 50s, 20s, and I have a gun,” before taking more than $1,000 and leaving the bank. Minutes after Tomlin left PNC Bank, Carbondale police officers stopped him and recovered the money.
This case was investigated by the Federal Bureau of Investigation and the Carbondale Police Department. Assistant United States Attorney Evan Gotlob prosecuted the case
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 community to develop effective, locally-based strategies to reduce violent crime.
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Navajo Woman from Crownpoint Sentenced to Prison for Federal Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Valerie Cayatineto, 41, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 37 months in prison followed by three years of supervised release for her involuntary manslaughter conviction.
Cayatineto was arrested in Jan. 2017, on a criminal complaint charging her with involuntary manslaughter. According to the complaint, Cayatineto killed a Navajo man when she crashed her vehicle head-on into the victim’s vehicle on Dec. 9, 2016, on the Navajo Indian reservation in McKinley County, N.M. At the time of the crash, Cayatineto was driving under the influence of alcohol.
Cayatineto subsequently was indicted on Feb. 7, 2017, and charged with involuntary manslaughter. On May 31, 2017, Cayatineto pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Gallup office of the FBI and the the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Elisa Dimas prosecuted the case.
Navajo Man from Shiprock Pleads Guilty to Second-Degree Murder ChargeRead the Press Release
ALBUQUERQUE – Jerry Johnson, Jr., 56, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty today in federal court in Albuquerque, N.M., to a second-degree murder charge. Johnson entered the guilty plea under a plea agreement that recommends that he be sentenced to a prison term within the range of 129 to 161 months followed by a term of supervised release to be determined by the court.
Johnson was arrested in July 2017, by the FBI on a criminal complaint alleging that he murdered a Navajo woman on the Navajo Indian Reservation in San Juan County, N.M. According to the complaint, on June 26, 2017, Johnson struck the victim in the head with his fist, and then retrieved a knife and stabbed her in the back. Johnson later was indicted on a murder charge on Dec. 20, 2017.
During today’s proceedings, Johnson pled guilty to the indictment charging him with second-degree murder. In entering the guilty plea, Johnson admitted that on June 26, 2017, he killed the victim by hitting her, and when she was laying down, stabbing her once in the back with a kitchen knife. Johnson 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 Navajo Nation Department of Public Safety. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Naturalized U.S. Citizen and Las Cruces Resident Sentenced for Federal Marriage Fraud ConvictionRead the Press Release
ALBUQUERQUE – Yesterday afternoon in federal court in Las Cruces, N.M., Yi Lee and Santiago Aveles were sentenced for their convictions on felony charges arising out of a scheme to obtain immigration status for foreign nationals through fraudulent marriages. Lee was sentenced to six months in prison followed by six months of home confinement and three years of supervised release. Lee also was ordered to pay a $10,000 fine. Aveles was sentenced to a three year term of probation and ordered to pay a $2,500 fine.
“U.S. citizenship is not for sale,” said U.S. Attorney John C. Anderson. “Those who commit marriage fraud damage the integrity of our immigration system. My Office is committed to enforcing these laws to ensure that those who abuse the process do not cause harm or jeopardize the opportunities for lawful immigration.”
“This case demonstrates HSI’s commitment to protecting the integrity of our immigration system. Individuals attempting to obtain benefits through fraud will be prosecuted to the fullest extent of the law,” said Jack P. Staton, Acting Special Agent in Charge of HSI El Paso. “I commend the hard work by all involved in bringing this case to a successful conclusion.”
Lee, 44, a naturalized U.S. citizen residing in Albuquerque, N.M., and Aveles, 31, of Las Cruces, and four co-defendants, Chia-Jung Chang, 39, Dan Zheng, 33, Lian Xiang Deng, 42, and Xiao-Yin Le, 50, all Chinese nationals illegally in the United States, were indicted on April 19, 2017. The indictment charged the six defendants with participating in a conspiracy to commit marriage fraud. The indictment also charged Aveles and Zheng with committing marriage fraud for the purpose of evading the federal immigration laws.
According to the indictment, from June 2016 through March 2017, the defendants conspired to obtain immigration status for foreign nationals by having U.S. citizens enter into fraudulent marriages with foreign nationals in exchange for money. The indictment alleged that Lee facilitated the conspiracy by arranging meetings between foreign nationals and U.S. citizens and assisting them in obtaining marriage licenses, working permits and green cards for the foreign nationals who paid Lee and the U.S. citizens. It further alleged that Lee attempted to arrange fraudulent marriages between certain of his co-defendants and undercover law enforcement agents.
On Oct. 23, 2017, Lee pled guilty to Count 1 of the indictment charging him with conspiracy to commit marriage fraud. In entering the guilty plea, Lee admitted that from Jan. 2016 through May 2017, he recruited United States citizens including Aveles and other individuals who unbeknownst to Lee were undercover law enforcement agents to enter into fraudulent marriages with foreign nationals for the purpose of evading immigration laws. According to the plea agreement, Lee told the sham marriage participants to document their respective relationships by taking photos together, exchanging messages, opening joint bank accounts, renting properties together and having bills put under both participants’ names. Lee also admitted that he assisted the participants with immigration paperwork and in passing off the fraudulent marriages as legitimate during interviews with United States Citizenship and Immigration Services.
In entering the guilty plea, Lee admitted that he coordinated a payment schedule for the United States citizens participating in the fraudulent marriages, who were to receive payments after taking certain steps such as obtaining a marriage license, participating in a fraudulent marriage, submitting paperwork, and participating in interviews. Lee further admitted that each United States citizen participant was to be paid, and Lee also received payment for his role in the conspiracy in return for citizenship for the foreign nationals.
On Aug. 4, 2017, Aveles pled guilty to a felony information charging him with conspiracy and marriage fraud. In entering the guilty plea, Aveles admitted that from Jan. 2016 through April 30, 2017, he and others conspired to commit marriage fraud. Aveles also admitted that he entered into a sham marriage for the purpose of evading immigration laws and in exchange for a monetary payment.
Zheng pled guilty and was sentenced on Aug. 28, 2017. Chang pled guilty and was sentenced on Dec. 11, 2017. Charges against Deng were dismissed on July 25, 2017. Le has yet to be arrested and is considered a fugitive. Charges in indictments are merely accusations, and all criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of HSI and is being prosecuted by Assistant U.S. Attorneys Dustin C. Segovia and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office.
National Prescription Take Back Day Safely Removes Unused Medications from Local HomesRead the Press Release
TALLAHASSEE, FLORIDA – Tomorrow, Northern Florida residents can join citizens across the nation in safely and anonymously disposing of their expired, unused, and unwanted prescription medications during the 15th National Prescription Drug Take Back Day, announced United States Attorney Christopher P. Canova.
This weekend, through the Drug Enforcement Administration’s Take Back Day initiative, more than 5,600 collection sites staffed by almost 4,500 law enforcement agencies will be open 10 a.m. to 2 p.m. local time. The public can find a nearby collection site at www.DEATakeBack.com or by calling 800-882-9539. (DEA cannot accept liquids, needles, or sharps.) Over the past 7 years, more than 9 million pounds (4,500 tons) of prescription medications have been collected at 14 previous events. The service is free and anonymous.
U.S. Attorney Canova said: “Tragically, an opioid addition can begin with unused pain pills in home medicine cabinets. During Take Back Day, you can help protect your loved ones and educate your children on the dangers of misused pharmaceuticals while removing potentially dangerous medicines from your house.”
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. DEA launched its prescription drug take back program when both the Environmental Protection Agency and the Food and Drug Administration advised the public that flushing these drugs down the toilet or throwing them in the trash posed potential safety and health hazards.
The public has embraced the opportunity these Take Back Day events provide to prevent pill abuse and theft by ridding their homes of potentially dangerous prescription drugs. Last fall, the public turned in 456 tons (912,000 pounds) of prescription drugs at more than 5,300 sites operated by the DEA and more than 4,200 of its local and tribal partners.
The following drop-off locations are available in the Northern District of Florida:
- Calhoun County Sheriff's Office
- Crestview Police Department
- Eglin AFB, 96 Security Forces Squadron
- Escambia County Sheriff’s Office
- Florida State University Police Department
- Fort Walton Police Department
- Gadsden County Sheriff's Office
- Gulf Breeze Police Department
- Havana Police Department
- Jackson County Sheriff's Office
- Lake City Police Department
- Lafayette County Sheriff's Office
- Leon County Sheriff’s Office
- Live Oak Police Department
- Santa Rosa County Sheriff's Office
- Shalimar Police Department
- Tallahassee Police Department
- Wakulla County Sheriff's Office
For more information about properly disposing of unused medicines, visit the United States Food and Drug Administration website.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Myrtle Beach Man Pleads Guilty to Failure to Register as a Sex OffenderRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Scott Borrowman, age 50, of Myrtle Beach, South Carolina, pled guilty in federal court in Florence, to Failure to Register as a Sex Offender, a violation of Title 18, United States Code, Section 2250(a). United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
The evidence presented at the guilty plea hearing established that in 2002 Borrowman was convicted in Washington County, Utah, of Unlawful Sexual Activity with a Minor and Attempted Sexual Exploitation of a Minor, which convictions required him to register as a sex offender in any state where he resided, was employed or was a student. Under the law, Borrowman was required to inform authorities if he ever changed his address within the state or moved to another state. In July 2016, the Washington County Sheriff’s Office discovered that Borrowman failed to report to update his sex offender registration and could not be found at his last registered address, so they issued a warrant for his arrest. The matter was referred to the United States Marshals Service which soon discovered that Borrowman had moved to South Carolina. Borrowman was located in Myrtle Beach, South Carolina and was arrested at his place of employment there on October 30, 2017.
Ms. Drake stated the maximum penalty Borrowman can receive is imprisonment for 10 years and a fine of $250,000.
The case was investigated by the United States Marshals Service with the assistance of the Florence County Sheriff’s Office and the Pitt County Sheriff’s Office. Assistant United States Attorney A. Bradley Parham of the Florence office is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Office, 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 identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
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Mexican National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON - A Mexican national was charged yesterday in federal court in Boston with illegally reentering the United States after being deported.
Carlos Altunar-Rueda, 25, was indicted on one count of illegal reentry of a deported alien.
According to court documents, law enforcement officers in Boston encountered Altunar-Rueda on Feb. 8, 2017, and determined him to be illegally present in the United States. Altunar-Rueda was previously deported on Feb. 23, 2013.
Altunar-Rueda faces a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Massive Moultrie Meth Distribution Ring DismantledRead the Press Release
ALBANY: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces the results of a multi-agency investigation aimed at an alleged methamphetamine distribution ring operating in South Georgia.
According to facts taken from various plea agreements of the defendants, from May until November of 2016, Boris Fuller was the leader of an organization of thirty (30) individuals that distributed Methamphetamine in and around Moultrie, Georgia. Authorities estimate that the group was responsible for the distribution of more than 20 kilograms of the drug.
The following guilty pleas took place before the Honorable Leslie J. Abrams in Albany, Georgia on various dates between November, 2017, and April 25, 2018, to-wit:
- Boris Fuller age 41 of Moultrie GA, plead guilty on April 22, 2018 to Conspiracy to Possess with Intent to Distribute Methamphetamine. This plea will subject Defendant to a minimum mandatory term of imprisonment of twenty (20) years and a maximum possible sentence of life imprisonment, a maximum fine of $20,000.000.00, or both.
- Robert Aldridge age 34 of Moultrie, GA, plead guilty on April 11, 2018 to Conspiracy to Possess with Intent to Distribute Methamphetamine. This plea will subject Defendant to a minimum mandatory term of imprisonment of ten (10) years and a maximum possible sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Michael Kulak age 45 of DeLeon Springs, FL, plead guilty on April 3, 2018 to Interstate Travel in Aid of Racketeering Enterprises. This plea will subject Defendant to a maximum possible sentence of five (5) years imprisonment, a maximum fine of $250,000.00, or both.
- Ishmel Kendrick age 41 of Moultrie, GA, plead guilty on April 17, 2017 to Conspiracy to Possession with Intent to Distribute Methamphetamine. This plea will subject Defendant to a maximum sentence of twenty (20) years imprisonment, a maximum fine of $1,000,000.00, or both.
- Shundrez Fuller age 21 of Tallahassee, FL, plead guilty on February 14, 2018 to Possession with Intent to Distribute methamphetamine. This plea will subject Defendant to a minimum mandatory sentence of ten (10) years and a maximum sentence of life imprisonment, a maximum fine $10,000,000.00, or both.
- Sharon Blackwell age 46 of Moultrie, GA, plead guilty on February 22, 2018 to Possession With Intent To Distribute Methamphetamine. This plea will subject Defendant to a minimum mandatory term of imprisonment of ten (10) years and a maximum possible sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Rodney Morris age 25 of Moultrie, GA, plead guilty on January 31, 2018 to Conspiracy to Possess with Intent to Distribute controlled substances. This plea will subject Defendant to a minimum mandatory sentence of ten (10) years and a maximum sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Michael Dampier age 45 of Doerun, GA, plead guilty on April 23, 2018 to Conspiracy to Possess with Intent to Distribute Methamphetamine. This plea will subject Defendant to a minimum mandatory term of imprisonment of ten (10) years and a maximum possible sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Stephanie McMurphy age 39 of Adel, GA, plead guilty on April 3, 2018 to Distribution of Methamphetamine within 1000 feet of a school. This plea will subject Defendant to a minimum mandatory term of imprisonment of one (1) years and maximum sentence of forty (40) years imprisonment, a maximum fine of $2,000,000.00, or both.
- Artavious Williams age 33 of Moultrie, GA, plead guilty on November 21, 2017 Possession with Intent to Distribute Methamphetamine. This plea will subject Defendant to a minimum mandatory sentence of ten (10) years and a maximum sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Leroy Valdez age 39 of Moultrie, GA, plead guilty on February 22, 2018 to Distribution of Methamphetamine within 1000 feet of a Housing Project. The Defendant is subject to a minimum mandatory sentence of ten (10) years and a maximum sentence of life imprisonment, a maximum fine of $20,000,000.00, or both.
- Melissa Valdez Williams age 30 of Moultrie, GA, plead guilty on December 12, 2017 to Possession with Intent to Distribute controlled substances. This plea will subject Defendant to a minimum mandatory sentence of ten (10) years and a maximum sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Krystal Parrish age 35 of Moultrie, GA, plead guilty on January 31, 2018 to Possession with Intent to Distribute controlled substances. This plea will subject Defendant to a maximum sentence of twenty (20) years imprisonment, a maximum fine of $1,000,000.00, or both.
- Cedric Butts age 29 of Moultrie, GA, plead guilty on April 25, 2018 to Conspiracy to Possess with Intent to Distribute controlled substances. This plea will subject defendant to a minimum mandatory sentence of ten (10) years and a maximum sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Shatara Wilson age 30 of Moultrie, GA plead guilty on February 22, 2018 to Conspiracy to Possess with the Intent to Distribute Methamphetamine. This plea will subject Defendant to a maximum sentence of twenty (20) years imprisonment, a maximum fine of $1,000,000.00, or both.
- Shaquese McIntyre age 22 of Moultrie, GA, plead guilty on April 11, 2018 to Possession with Intent to Distribute Methamphetamine (Count 1) and Possession of a Firearm in Furtherance of a Drug Trafficking Crime (Count 2). This plea will subject Defendant to a minimum mandatory term of imprisonment of five (5) years and a maximum possible sentence of forty (40) years imprisonment, a maximum fine of $5,000,000.00, or both, on Count 1 and a minimum mandatory term of imprisonment of five (5) years and a maximum possible sentence of life imprisonment; a maximum fine of $250,000, or both, on Count 2.
- Cambrick Taylor age 22 of Moultrie, GA, plead guilty on March 9, 2018 to Interstate Travel in Aid of Racketeering Enterprises. This plea will subject Defendant to a maximum possible sentence of five (5) years imprisonment, a maximum fine of $250,000.00, or both.
- Brenda Trimble age 32 of Moultrie, GA, plead guilty on February 14, 2018 to Distribution of Methamphetamine. This plea will subject Defendant to a minimum mandatory sentence of five (5) years and a maximum sentence of forty (40) years imprisonment, a maximum fine of $5,000,000.00, or both.
- Derrick Wright age 31 of Moultrie, GA, plead guilty on April 25, 2018 to Conspiracy to Possess with Intent to Distribute controlled substances. This plea will subject Defendant to a minimum mandatory sentence of ten (10) years and a maximum sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Heather Crawford age 36 of Cecil, GA, plead guilty on March 9, 2018 to Possession with Intent to Distribute controlled substances. This plea will subject Defendant to a minimum mandatory sentence of ten (10) years and a maximum sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Christin Johnson age 33 of Coolidge, GA, plead guilty on April 25, 2018 to Conspiracy to Possess with Intent to Distribute Methamphetamine. This plea will subject Defendant to a minimum mandatory term of imprisonment of ten (10) years and a maximum possible sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Samuel Butler age 56 of Crawford, FL, plead guilty on January 10, 2018 to Conspiracy to Possess with Intent to Distribute controlled substances. This plea will subject Defendant to a minimum mandatory sentence of ten (10) years and a maximum sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Rebecca Lawrence age 47 of DeLeon Springs, FL, plead guilty on April 4, 2018 to Conspiracy to Possess with Intent to Distribute Methamphetamine. This plea will subject Defendant to a minimum mandatory term of imprisonment of ten (10) ears and a maximum possible sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Will Barron age 30 of Monticello, FL, plead guilty on February 14, 2018 to Conspiracy to Possess with Intent to Distribute controlled substances. This plea will subject Defendant to a minimum mandatory sentence of ten (10) years and a maximum sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Michael Stamper age 35 of Moultrie, GA, plead guilty on April 25, 2018 to Possession with Intent to Distribute Methamphetamine. This plea will subject Defendant to a minimum mandatory term of imprisonment of ten (10) years and a maximum possible sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Leroy Haynes age 41 of Norman Park, GA, plead guilty on April 4, 2018 to Conspiracy to Possess with Intent to Distribute Methamphetamine. This plea will subject Defendant to a minimum mandatory sentence of ten (10) years and a maximum sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Avery Norman age 37 of Moultrie, GA, plead guilty on April 25, 2018 to Use of a Communication Device in Furtherance of Possession with Intent to Distribute Methamphetamine. This plea will subject Defendant to a maximum sentence of four (4) years imprisonment, a maximum fine of $250,000.00, or both.
- Walter Treanor age 36 of Pelham, GA, plead guilty on April 23, 2018 to Conspiracy to Possess with Intent to Distribute Methamphetamine. This plea will subject Defendant to a minimum mandatory term of imprisonment of ten (10) years and maximum possible sentence of life imprisonment, a maximum fine of $10,000,000.00, or both.
- Devin Dorminey age 23 of Lake City, FL, plead guilty on April 11, 2018 to Possession of a Firearm by a Drug User. This plea will subject Defendant to a maximum sentence of ten (10) years imprisonment, a maximum fine of $250,000 or both.
Sentencing in the case will take place at a date to be set by the Court.
The case was investigated by agents of the Drug Enforcement Administration, Georgia Bureau of Investigations, Georgia Department of Corrections, Georgia Department of Community Supervision, Colquitt County Sheriff’s Office, Crisp County Sheriff’s Office, Tift County Sheriff’s Office, Henry County Sheriff’s Office, Grady County Sheriff’s Office, Berrien County Sheriff’s Office, Leon County Florida Sheriff’s Office and Moultrie Police Department.
Assistant United States Attorney Leah E. McEwen is prosecuting the case for the United States.
United States Attorney Peeler noted that his office is working aggressively together with our federal, state, and local law enforcement partners to address the scourge of methamphetamine on our community. He noted that it has fueled many societal problems such as theft, child neglect and acts of violence. He pledged that the United States Attorney’s Office intends to do all it can to discourage the distribution of this drug by pursuing just punishment for all those involved.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Man Sentenced for Presenting Fake Travel Document to TSARead the Press Release
ALEXANDRIA, Va. – An Atlanta man was sentenced today to 15 months in prison for providing a fraudulent travel document to Transportation Security Authority (TSA) screeners at Dulles International Airport in January while attempting to flee from federal prosecution.
According to court documents, Marlon Matthew Pittman, 44, attempted to enter the TSA check point at Dulles International Airport on January 23 to gain access to the outbound passenger terminal and board an international flight to Guinea. Pittman presented a purported Guinea travel document to the TSA officers who suspected it to be fraudulent. United States Customs and Border Protection officers took custody of Pittman and his travel documents, and conducted a biometric verification, which confirmed Pittman as a U.S. citizen and the Guinea travel document as fraudulent. While the travel document appeared to be issued by the Guinea consulate in New York, it contained another individual’s identifying information. Pittman’s photo was spliced onto the document and it contained a false authentication feature.
Pittman was attempting to flee from prosecution in the U.S. District Court for the Northern District of Georgia, where he has been indicted for conspiracy to possess with the intent to distribute cocaine and money laundering (Case No. 1:17-cr-274-AT).
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, Patrick J. Lechleitner, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., and Casey Owen Durst, Director of CBP’s Baltimore Field Office, made the announcement after sentencing by U.S. District Judge Anthony J. Trenga. Special Assistant U.S. Attorney Matthew Reilly and Assistant U.S. Attorney Grace L. Hill prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-91.
Man Pleaded Guilty to Misuse of Social Security Card and Resident Alien CardRead the Press Release
U.S. Attorney Duane A. Evans announced that JESUS MATEHUALA-CABALLERO, a/k/a Francisco Rodriguez, age 40, a resident of Amite, pleaded guilty before the Honorable Carl J. Barbier to a two count indictment charging him with fraud and misuse of a social security card and resident alien card, in violation of Title 18, United States Code, Section 1546(a).
According to the court documents, on or about July 10, 2015, JESUS MATEHUALA-CABALLERO, used a fraudulent a social security card and fraudulent resident alien card for the purposes of obtaining employment knowing that he had never been lawfully issued a Social Security card or a resident alien card.
JESUS MATEHUALA-CABALLERO will be sentenced on July 12, 2018.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. The prosecution is being handled by Assistant U.S. Attorney Emily K. Greenfield.
Man on Supervised Release for Bank Robbery Pleads Guilty to Brandishing a Gun During Another Bank RobberyRead the Press Release
On April 27, 2018, Marcus J. Thornton, 37, of Edwardsville, Illinois, pled guilty in federal district court to brandishing a firearm during a crime of violence, the United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today. Thornton’s guilty plea to the gun charge comes on the heels of his March 22 guilty plea to two bank robberies, which were charged in the same indictment.
Court proceedings revealed that on October 13, 2016, Thornton entered a Regions Bank in Lebanon, Illinois, and demanded money from bank tellers. Thornton took a total of $13,710.90 in U.S. currency before fleeing in a vehicle. Court proceedings further revealed that on February 9, 2017, Thornton entered a U.S. Bank in O’Fallon, Illinois, and demanded money from bank tellers while brandishing a silver and black semi-automatic handgun. Thornton made off with $10,720 on that occasion. In his guilty plea earlier today, Thornton admitted to his use of the handgun in connection with the second robbery.
Thornton was previously convicted in 2009 of bank robbery in Mississippi and was on federal supervised release when he committed both of the robberies described above.
Sentencing is currently scheduled for July 27, 2018. On the gun charge alone, Thornton faces a prison term of at least seven years and as much as life imprisonment, a fine of up to
$750,000, and a minimum of five years on supervised release. He may also be ordered to make restitution for his offenses.
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. This case is being investigated by the Federal Bureau of Investigation, Illinois Statement Police, Lebanon and O’Fallon Police Departments, and prosecuted by Assistant United States Attorneys Daniel T. Kapsak and James G. Piper, Jr.
Knox County Man Sentenced for Distributing Pornography of Preschool-Aged ChildrenRead the Press Release
COLUMBUS, Ohio – Lee Allen Goudy, 24, of Howard, Ohio, was sentenced in U.S. District Court to 78 months in prison and 10 years of supervised release for distribution of child pornography.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, and other members of the FBI’s Child Exploitation Task Force announced the sentence handed down today by U.S. District Judge Algenon L. Marbley.
According to court documents, investigators learned through a cybertipline report that Goudy was distributing child pornography through email accounts, Dropbox and Kik messenger. When executing a search warrant on Goudy’s electronic devices, agents found more than 600 images of child pornography.
The government’s Sentencing Memorandum in this case details that Goudy frequently initiated communications with others and promoted the “taboo” images of sexual abuse of children as young as two to six years old.
“These communications involved utterly horrific discussions of the most depraved child sexual abuse and torture imaginable,” U.S. Attorney Glassman said. “Goudy consistently urged others to agree with his views about the sexual abuse of children and on some occasions even encouraged others to sexually abuse children.”
Goudy pleaded guilty to one count of distribution of child pornography in September 2016.
U.S. Attorney Glassman commended the cooperative investigation by the FBI, as well as Assistant United States Attorney Heather A. Hill, who is representing the United States in this case.
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Israeli-Moroccan Man Pleads Guilty to Federal Charge in International Business E-Mail Compromise SchemeRead the Press Release
WASHINGTON – Harry Meir Mimoun Amar, a resident and citizen of Israel and Morocco, pled guilty today to taking part in an international conspiracy to trick mid-level corporate employees into wiring millions of dollars to bank accounts under the control of those in the criminal enterprise.
The guilty plea was announced by U.S. Attorney Jessie K. Liu and Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office.
Amar, 39, pled guilty in the U.S. District Court for the District of Columbia to a charge of conspiracy to commit wire fraud. The charge carries a statutory maximum of 20 years in prison and potential financial penalties. Amar has agreed to pay $273,321 in restitution and $49,503 in a forfeiture money judgment. Amar will be subject to deportation proceedings. The Honorable Colleen Kollar-Kotelly set a sentencing hearing in the case for Aug. 16, 2018.
Amar was among 17 people arrested in early 2017 following a multi-year investigative effort by federal and international law enforcement agencies to target multimillion-dollar fraud and money laundering schemes perpetrated by a transnational organized crime network. Amar was arrested on March 1, 2017 in Israel and consented to his extradition to the United States. He has remained in custody since his arrest.
Amar was charged along with three others arrested last year with participating in one particular fraud scheme, which is known as a business e-mail compromise, or “BEC” scheme. The cases against the other three individuals remain pending.
According to a statement of offense submitted at today’s plea hearing, Amar and others used the Internet and primarily U.S.-based electronic communications to target mid-sized and large companies and impersonate executive-level employees in e-mail communications with mid-level employees. These mid-level employees were led to believe they were being entrusted to handle a large financial transaction, such as a “secret” corporate acquisition. The employees were instructed to initiate wire transfers from the company’s corporate bank accounts to bank accounts controlled by members of the criminal enterprise. Once the funds were transferred, the money was quickly wire transferred out of the reach of the target corporation into accounts located in the People’s Republic of China and elsewhere, with the funds ultimately being delivered to co-conspirators located in Europe and elsewhere.
In his guilty plea, Amar admitted taking part in the scheme from approximately January 2014 until August 2014, working with co-conspirators who were operating in other countries, including Turkey and Bulgaria. The statement of offense ties Amar to false representations made to four companies from Germany, Spain, Finland and Portugal. According to the statement of offense, the scheme generated $1,093,557 in U.S. dollars. Amar personally received $49,503 of the proceeds.
In announcing the plea, U.S. Attorney Liu and Assistant Director in Charge McNamara commended the work of those who are investigating the case from the FBI’s Washington Field Office. They also expressed appreciation for the assistance provided by the Israeli National Police, the Bulgarian Ministry of the Interior, Main Directorate Border Police, and Sofia Interpol. They acknowledged the efforts of those who are handling the case from the U.S. Attorney’s Office for the District of Columbia, including Paralegal Specialists Brittany Phillips and Elizabeth Swienc, former Paralegal Specialist Christopher Toms, and Litigation Technology Specialist Jeanie Latimore-Brown.
Finally, they commended the work of former Assistant U.S. Attorneys Michael Atkinson and David Last, Assistant U.S. Attorney Diane Lucas, of the Asset Forfeiture and Money Laundering Section, and Assistant U.S. Attorneys Michael J. Marando and David Kent, of the Fraud and Public Corruption Section, of the U.S. Attorney’s Office for the District of Columbia.
Individual Arrested for Carjacking MurderRead the Press Release
SAN JUAN, P.R. – On April 26, 2018, a federal grand jury returned a three-count indictment against Jorge L. Rodríguez-Santos, a.k.a. “Macho” for carjacking resulting in death, kidnapping resulting in death, and using a firearm during a crime of violence causing murder, announced United States Attorney Rosa Emilia Rodríguez-Vélez. The Federal Bureau of Investigation is in charge of the investigation.
Pursuant to the indictment, on or about October 10, 2015, in the District of Puerto Rico, Jorge L. Rodríguez-Santos, a.k.a. “Macho”, aiding and abetting others, while carrying a firearm, carjacked, kidnaped, and murdered María L. Mayol-Rivera in violation of Title 18, United States Code, Sections 2, 924(j)(1), 1201(a)(1), and 2119(3).
The defendant, along with others not included in the indictment, kidnapped Mayol-Rivera and using the vehicle she was driving, a white Mitsubishi Lancer, took her to a secluded area. There, they shot and killed Mayol-Rivera. They then burned her body and the Lancer.
“This was a senseless murder. The defendant planned and carried out the carjacking of a defenseless victim which resulted in her murder,” said US Attorney Rosa Emilia Rodríguez-Vélez. “We will continue our efforts to hold violent offenders accountable for their crimes.”
“As always, the public’s help is essential to apprehending these violent criminals, and citizens with information are asked to call the FBI San Juan Field Office at 787-754-6000, or to use the tip line available at our website, http://www.fbi.gov,” said Douglas A. Leff, Special Agent in Charge of the FBI, San Juan Field Office.
The case is being prosecuted by Assistant United States Attorney Victor O. Acevedo-Hernández. If convicted, the defendant faces up to life imprisonment. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
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Indictment: Oklahoma Man Robbed Bank in Newton, Kan.Read the Press Release
WICHITA, KAN. – An Oklahoma man was indicted Wednesday on charges of robbing a bank in Newton, U.S. Attorney Stephen McAllister said.
Martin L. Paris, 50, Yukon, Okla., was charged with the April 9, 2018, robbery of the First Bank of Newton at 1404 S. Kansas Avenue in Newton, Kan. According to court records, Paris gave a teller a note directing her to “be calm” and “start with hundreds.” The note ended with, “Thank you and have a nice day.”
Paris was identified from bank surveillance photos and arrested the day after the robbery. If convicted, he faces up to 20 years in federal prison and a fine up to $250,000. The Newton Police Department and the FBI investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
OTHER INDICTMENTS
Ness County Sheriff Bryan Whipple, 47, Ness City, Kan., is charged with three counts of wire fraud and one count of selling a firearm to a convicted felon. The crimes are alleged to have occurred in 2013, 2016 and 2017.
The indictment alleges that Whipple faxed reports to the Commission on Peace Officers’ Standards and Training (CPOST) falsely certifying that deputies had received training. The indictment also alleges he sold a .45 caliber pistol and ammunition to a man he knew was prohibited from possessing a firearm because of a prior felony conviction.If convicted, Whipple faces up to 20 years and a fine up to $250,000 on each wire fraud count and up to 10 years and a fine up to $250,000 on the firearm charge. The Kansas Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.
Chaelyn Nicole Aaron, 28, Wichita, Kan., is charged with one count of unlawfully possessing firearms following a felony conviction and one count of stealing firearms from a licensed firearms dealer. The indictment alleges that on March 28, 2018, she stole seven firearms from a display case at Atwoods Ranch & Home Store at 6235 North Broadway in Park City, Kan.
If convicted, she faces up to 10 years in federal prison and a fine up to $250,000 on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Matt Treaster is prosecuting. This case is being prosecuted under the Justice Department’s Project Safe Neighborhood program.
Anthony R. Melton, 31, who is in custody at the Hutchinson Correctional Facility, is charged with one count of possession of child pornography. The crime is alleged to have occurred Dec. 26, 2017, in Rice County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
Manuel J. De La Cruz, 30, Wichita, Kan., is charged with stealing mail from the U.S. Postal Service. The indictment alleges that while he was working as a contract driver for the postal service he stole items from the mail including parts for firearms and scopes for rifles. The crimes are alleged to have occurred in 2016 and 2017 in Butler County, Kan.
If convicted, he faces up to five years in federal prison and a fine up to $250,000. The U.S. Postal Service – Office of Inspector General investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Adrian Lashawn Perkins, 41, Garden City, Kan., is charged with one count of possession with intent to distribute heroin (count one), one count of possession with intent to distribute fentanyl (count two), one count of unlawful possession of a firearm in furtherance of drug trafficking (count three), one count of unlawful possession of a firearm following a felony conviction (count four) and one count of unlawful possession of a stolen firearm (count five). The crimes are alleged to have occurred Jan. 11, 2018, in Finney County, Kan.
Upon conviction, the crimes carry the following penalties:
Counts one and two: Not less than five years in federal prison and a fine up to $2 million.
Count three: Not less than five years and a fine up to $250,000.
Counts four and five: Up to 10 years and a fine up to $250,000.
The Garden City Police Department investigated. Assistant U.S. Attorney Matt Treaster is prosecuting. This case is being prosecuted under the Justice Department’s Project Safe Neighborhood program.
Hector Dominguez-Herrera, 47, who is not a citizen of the United States, is charged with unlawfully entering the United States after having been deported. He was found in Barton County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Mona Furst is prosecuting.
Jose Rojas, 27, who is not a citizen of the United States, is charged with unlawfully entering the United States after having been deported. He was found in Ford County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
Fernando Neave-Ceniceros, 43, who is not a citizen of the United States, is charged with unlawfully entering the United States after having been deported. He was found in Sedgwick County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney David Lind is prosecuting.
Omar Barajas-Diaz, 21, who is not a citizen of the United States, is charged with one count of unlawful possession of a firearm by an alien illegally in the United States. The crime is alleged to have occurred April 17, 2018, in Sedgwick County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigate. Assistant U.S. Attorney David Lind is prosecuting.
Stormy Laflin, 48, Victoria, Kan., is charged with stealing money orders while she was an employee of the U.S. Postal Service. The crime is alleged to have occurred Aug. 10, 2017, in Ellis County, Kan.
If convicted, he faces up to five years in federal prison and a fine up to $250,000, The U.S. Postal Service – Office of Inspector General investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Reynaldo Silva-Campos, 51, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. He was found in Wichita April 16, 2018.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney David Lind is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Indictment Unsealed Charging Three with Attempts to Blow up, Damage Bank ATM MachinesRead the Press Release
SALT LAKE CITY – A federal indictment unsealed Thursday charges three individuals with attempting to damage or destroy bank ATM machines by means of fire and an explosive during a string of incidents at three Utah credit unions and a bank in January.
Brian Winters, age 32, Christopher Izatt, age 33, and Guillermo Cruz, age 34, all of Salt Lake County, are charged with destruction and attempted destruction of property used in interstate commerce by fire or explosive in the four-count indictment.
Winters is charged in connection with a Jan. 7, 2018, attempt to damage or destroy an ATM machine located at a Goldenwest Credit Union in West Jordan. Izatt and Cruz are charged with attempts to damage or destroy two ATMs – an American First Credit Union ATM in Salt Lake City on Jan. 7, 2018, and a Chartway Federal Credit Union in West Jordan on Jan. 19, 2018. The final count of the indictment charges Winters and Izatt with attempting to damage or destroy a Zions Bank ATM in Draper on Jan. 21, 2018.
Evidence collected at each attempt to damage or destroy an ATM, including surveillance videos at the credit unions, bank, and other locations, helped FBI agents develop suspects in the case.
Defendants in the case have had initial appearances on the charges in the indictment and have entered not guilty pleas. A four-day jury trial has been set for June 25, 2018, before U.S. District Judge Tena Campbell. Winters, Izatt, and Gruz will remain in federal custody pending the outcome of the case.
The potential maximum penalty for each count in the indictment is 20 years with a mandatory minimum of five years.
Indictments are not findings of guilt. Individuals charged in an indictment are presumed innocent unless or until proven guilty of the charges in court.
FBI special agents are investigating the case. Salt Lake fire investigators and officers with the Unified Police Department, West Jordan, Draper, Salt Lake City, and Sandy police departments also are contributing to the investigation. The U.S. Attorney’s Office in Utah is prosecuting the case.
Illegal Aliens Plead Guilty to Illegal Re-Entry ChargesRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Juan Ramos-De Jesus, age 41, and Ignacio Montanez-Torres, age 42, both from Mexico, pled guilty in federal court in Florence, South Carolina, to Illegal Re-Entry into the United States after deportation, a violation of 8 U.S.C. § 1326(a). United States District Judge Bryan Harwell of Florence accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that ICE-ERO Officers on January 14, 2018, discovered Juan Ramos-De Jesus and on February 9, 2018 discovered Montanez-Torres while they were in custody at the J. Reuben Long Detention Center in Horry County on state charges. Immigration records revealed that Ramos-De Jesus and Montanez-Torres are natives and citizens of Mexico who had previously been deported from the United States. Ramos-De Jesus nor Montanez-Torres have never received permission to enter or remain in the United States.
Ms. Drake stated the maximum penalty both could receive is imprisonment for 2 years and a fine of $250,000.00.
The case was investigated by Immigration and Customs Enforcement-Enforcement and Removal Operations in Charleston, with the assistance of the Horry County Sheriff’s Office. Assistant United States Attorney A. Bradley Parham of the Florence office is prosecuting the case.
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Honduran National Indicted on Gun, Drug, Illegal Re-entry ChargesRead the Press Release
BIRMINGHAM – A federal grand jury today indicted a Honduran national on gun, drug and illegal re-entry charges, announced U.S. Attorney Jay E. Town and ICE Homeland Security Investigations Special Agent in Charge Raymond R. Parmer Jr.
A four-count indictment filed in U.S. District Court charges CARLOS ALBERTO JUAREZ-MENDEZ, 24, with being in the United States illegally on Feb. 10 after having been deported from Texas in 2015. Juarez-Mendez was living in Birmingham.
The indictment also charges Juarez-Mendez with two counts of illegally possessing a firearm, a Ruger 9mm pistol, on Feb. 10. One count charges that he possessed the pistol following a 2016 felony conviction in Jefferson County District Court for unlawfully possessing a controlled substance. The second gun count charges that Juarez-Mendez was an illegal alien possessing the pistol. The final count of the indictment charges that Juarez-Mendez illegally possessed cocaine, methamphetamine and marijuana on Feb. 10.
“Convicted felons who are deported from the United States only to return to our homeland in possession of illegal firearms and illicit drugs will be prosecuted again, not simply deported,” Town said. “DHS and my office will continue to aggressively pursue justice for any illegal aliens engaged in criminal activity.”
The maximum penalty for illegal re-entry is two years in prison and a $250,000 fine. The maximum penalty for being a convicted felon or an illegal alien in possession of a firearm is 10 years in prison and a $250,000 fine. The maximum penalty for illegal possession of a controlled substance is one year in prison and a $1,000 fine.
The grand jury also returned four other illegal re-entry indictments.
A one-count indictment charges BYRON DANILO CRISTOBAL-PECHE, 33, a Guatemalan national who was living in Florence, with being illegally in the United States on March 16 after having been deported in 2004 and twice in 2012. The removals followed a conviction for an aggravated felony, according to the indictment. The maximum penalty for illegal re-entry when a prior aggravated felony conviction exists is 20 years in prison and a $250,000 fine.
A one-count indictment charges JOSE RAFAEL MONZON-SANDOVAL, 48, a Mexican national, who was living in Fairfield, with being in the United States illegally on Feb. 26 after having been deported in October 2016 following a conviction for an aggravated felony.
Separate one-count indictments charge both NEREO CONSECO-SANTIAGO, 41, and JAMES BRAHIN REYES-CARBAJAL, 20, with illegally re-entering the United States after deportation.
Conseco-Santiago was found in the country illegally on March 17, according to his indictment. He is a Mexican citizen who was living in Cullman. Conseco-Santiago had been deported to Mexico in March, September and November of 2013, according to his indictment.
Reyes-Carbajal was found in the country illegally on April 6 in Jefferson County, according to his indictment. He is a Honduran citizen who was living in Birmingham. Reyes-Carbajal had been deported to Honduras in 2011 and 2015, according to his indictment.
Immigration and Custom Enforcement’s HSI investigated the cases, which the U.S. Attorney’s Office for the Northern District of Alabama is prosecuting.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
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Haverhill Man Pleads Guilty to Opioid Trafficking ConspiracyRead the Press Release
BOSTON – A Haverhill man pleaded guilty today in federal court in Boston to his role in an opioid trafficking conspiracy involving the distribution of fentanyl, heroin, and oxycodone across Massachusetts and Florida.
Jesus Gonzalez, 23, pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute over 100 grams of heroin and/or 40 grams of fentanyl, one count of conspiracy to distribute and to possess with intent to distribute oxycodone, and one count of conspiracy to launder monetary instruments. U.S. District Court Judge Denise J. Casper scheduled sentencing for Aug. 2, 2018.
Gonzalez was arrested along with several co-defendants in March 2017 for their roles in a widespread conspiracy involving opioid trafficking and money laundering offenses in Massachusetts and Florida. According to the charging documents, from at least 2014, Gonzalez obtained heroin and fentanyl from sources in Massachusetts and conspired with others to distribute the narcotics, including approximately 230 grams of a mixture of heroin and fentanyl in November 2015. Gonzalez also participated in a conspiracy to obtain oxycodone pills from Florida, have them shipped to Massachusetts, and then distributed in Massachusetts. Finally, Gonzalez participated in a conspiracy to launder and conceal the proceeds of the sale of narcotics by using funnel bank accounts to send money to Florida.
Gonzalez is the final defendant to plead guilty in this case. Darren Infante is scheduled to be sentenced on May 23; Juan Reyes is scheduled to be sentenced on June 20; George Noukas and Moses Rodriguez are scheduled to be sentenced on June 25; Craig Drummond and Gorky Gonzalez are scheduled to be sentenced on July 17; Johnny Urena is scheduled to be sentenced on July 24; and Jenssi Astacio is scheduled to be sentenced on July 31, 2018.
The charge of conspiracy to distribute and possess with the intent to distribute over 100 grams of heroin and/or 40 grams of fentanyl provides for a minimum of five years and up to 40 years in prison, a lifetime of supervised release, a fine of $5 million, and forfeiture. The charge of conspiracy to distribute and possess with the intent to distribute oxycodone provides for a sentence of no greater than 20 years in prison, a lifetime of supervised release, a fine of up to $1 million, and forfeiture. The charge of conspiracy to launder monetary instruments provides for a sentence of no greater than 20 years in prison, up to five years of supervised release, a fine of up to $500,000, or twice the value of the property laundered, and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Albert Angelucci, Acting Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; John Gibbons, U.S. Marshal for the District of Massachusetts; and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Biddeford (Maine), Framingham, Haverhill, Lawrence, Manchester (N.H.), Methuen, Millis, Natick, Stoughton, and Waltham Police Departments. Assistant U.S. Attorneys Nadine Pellegrini and Craig Estes of Lelling’s Office are prosecuting the cases.
Gainesville man charged with bilking his former brokerage firm clients with biofuel schemeRead the Press Release
GAINESVILLE, Ga. – Winston Wade Turner has been indicted by a federal grand jury and charged with mail and wire fraud for making false representations to investors in a biofuel scheme.
“Turner allegedly pitched a biofuel scheme to former clients he met through reputable brokerage firms,” said U.S. Attorney Byung J. “BJay” Pak. “Alternative energy sources like biofuel are sometimes a cover used by the unscrupulous to prey on investors seeking to put money in a potentially growing field. Turner is accused of luring investors with promises of immediate and profitable returns in a biofuel producer, which turned out to be a shell company of his own invention.”
“This defendant is alleged to have preyed on seniors and retirees who were simply looking for safe and secure returns on their hard earned investments,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “The FBI will continue to vigorously pursue those individuals who use false promises to capitalize financially at the expense of unsuspecting investors.”
According to U.S. Attorney Pak, the indictment, and other information presented in court: Beginning in July 2015, Turner represented to investors that he was a broker for “North American Bio Fuel,” a purported biofuel producer based in Bradenton, Florida. Turner encouraged his victims, former clients from his previous employment at Metlife Securities, Inc. and Prudential, to invest funds in North American Bio Fuel. In conversations with investors and later through a website, Turner represented that the company was an “up and coming company” already producing biofuel, at a time when it was in fact only a shell company. The indictment alleges that Turner caused, and attempted to cause, wire transfers in the hundreds of thousands of dollars from victims for investment into this company and that Turner used investor funds for personal and other corporate purposes.
Turner, 48, of Jefferson, Georgia, was arraigned in federal court on April 26, 2018, and entered a not guilty plea. Members of the public are reminded that the indictment only contains an allegation of criminal conduct. The defendant is presumed innocent of the charge and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the FBI, with assistance from the Hall County Fire Services.
Assistant U.S. Attorney Brian Pearce is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Fresno Man Sentenced to 63 Months for Arizona Robbery SpreeRead the Press Release
TUCSON, Ariz. – This week, Dwight Phillip Bivens, 29, of Fresno, Calif., was sentenced by U.S. Chief District Judge Raner C. Collins to 63 months’ imprisonment, to be followed by three years of supervised release. Bivens had previously pleaded guilty to two counts of Hobbs Act Robbery.
On May 28, 2016, Bivens and three other persons entered a Tiffany & Co. jewelry store in Tucson, Ariz., stole a diamond solitaire ring, and assaulted a security guard before getting away. Later that day, Bivens and the three men entered a Nordstrom department store in Scottsdale, Ariz., and stole several designer handbags after verbally threatening a store manager. On the same day, Bivens and the three men entered a Helzberg Diamond Outlet store in Glendale, Ariz., and stole several high-end watches after pepper-spraying the store employees. Bivens later pawned the watches in Fresno, Calif. The victims’ financial losses totaled more than $130,000.
A co-defendant, Mitchell Ray Finley, is pending sentencing after pleading guilty to two counts of Hobbs Act Robbery. His sentencing is set for Aug. 6, 2018.
The investigation in this case was conducted by Federal Bureau of Investigation, the Pima County Sheriff’s Office, the Scottsdale Police Department, the Glendale Police Department, and the Fresno Police Department. The prosecution was handled by Lauren G. LaBuff, Fred A. Cocio, and Rui Wang, Assistant U.S. Attorneys, District of Arizona, Tucson.
CASE NUMBER: CR 17-01145-TUC-RCC (DTF)
RELEASE NUMBER: 2018-052_ Bivens_etal
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Franklin County Man Convicted of Drug Trafficking and Firearms ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Anthony Michael Cobb, age 48, of Waynesboro, Pennsylvania, was convicted on April 25, 2018, of unlawful possession of firearms and drug trafficking after a two-day jury trial held before United States District Court Judge Sylvia H. Rambo.
According to United States Attorney David J. Freed, the jury returned a verdict of guilty after approximately two hours of deliberations and convicted Cobb of three counts of unlawful possession of five separate firearms and of being a previously convicted felon who was not permitted to possess firearms. The jury also found Cobb guilty of possession with intent to distribute cocaine hydrochloride (powder cocaine), cocaine base (crack cocaine), and heroin.
The charges stemmed from a stabbing and shooting incident in Waynesboro. On May 9, 2016, Waynesboro Police Officers went to Cobb’s apartment with a search warrant and found a firearm, marijuana, cocaine, crack, heroin, an assortment of prescription pills, digital scales, ziplock bags, razor blades, and piles of cash. Police also located firearms at Cobb’s storage unit.
The matter was investigated by the Waynesboro Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorneys James T. Clancy and Carlo D. Marchioli prosecuted the case.
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.
The case also is part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the unlawful possession of firearm charges is life in prison, a term of supervised release following imprisonment, and a fine. The maximum penalty for each of the drug trafficking charges is 30 years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant. A sentencing date has not yet been set.
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Four Additional Chinese Nationals and Six Additional U.S. Residents Indicted in North Dakota in International Drug and Money Laundering Conspiracy Involving OpioidsRead the Press Release
Na Chu, 37; Yeyou Chu, 36; Cuiying Liu, 62; and Keping Zhang, 62, all Chinese nationals, were charged by a superseding indictment returned on Jan. 18, with international money laundering conspiracy, Attorney General Jeff Sessions, U.S. Attorney Christopher C. Myers for the District of North Dakota and Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division announced today.
The charges come as part of “Operation Denial,” an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and other lethal drugs, and was significantly aided by the national and international coordination led by the multi-agency Special Operations Division (S.O.D.) near Washington D.C. as part of “Operation Deadly Merchant.” The investigation started in North Dakota on Jan. 3, 2015, with the overdose death in Grand Forks of 18-year-old Bailey Henke.
“Fentanyl and its analogues killed more Americans than any other drug in 2016, and the vast majority of it comes from China,” said Attorney General Sessions. “The defendants in this case allegedly trafficked fentanyl from China to 11 states from coast to coast. As a result, Americans died in at least three states. I want to thank the U.S. Attorney’s Offices in North Dakota and Oregon, the Criminal Division’s Narcotic and Dangerous Drug Section, DEA, HSI, the North Dakota Bureau of Criminal Investigations, the Royal Canadian Mounted Police, and dozens more law enforcement officers across the United States and Canada who helped make these indictments possible. Today’s indictments are a step toward dismantling an alleged international fentanyl trafficking operation and eventually ending this nation’s unprecedented drug crisis.”
Additional defendants previously charged in this superseding indictment with drug trafficking conspiracy include Jian Zhang, aka Hong Kong Zaron, 39, of China; Jason Joey Berry, aka Daniel Desnoyers, 35, of Quebec, Canada; Anthony Santos Gomes, aka Ant, 33, of Davie, Florida; Elizabeth Ton, aka Lisa Gomes, 26, of Davie, Florida; Xuan Cahn Nguyen, aka Jackie and Jackie Chan 38, of Quebec Canada; Marie Um, aka Angry Bird, 37, of Quebec, Canada; Vannek Um, 40, of Quebec, Canada; and Linda Van, 25, of Quebec, Canada.
In a separate indictment returned on March 22, Steven Barros Pinto, aka Yeaboy, 36, of Pawtucket, Rhode Island, was charged with conspiracy to possess with intent to distribute and distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, conspiracy to import controlled substances and controlled substance analogues into the United States resulting in serious bodily injury and death, continuing criminal enterprise, and a forfeiture allegation.
Additional defendants charged in this indictment with drug trafficking conspiracy include: Louis Felix Bell, 30, of West Palm Beach, Florida; Amanda Renee Schneider, 27, of West Palm Beach; Danny Silva Gamboa, 21, of Pawtucket, Rhode Island; Robinson Andres Gomez, aka Rob, 25, of Pineville, North Carolina; and Keveen Odair Nobre, aka Young Money, 28, of Pawtucket.
Additional defendants charged in Federal court as a result of this investigation include:
District of North Dakota
- Daniel Vivas Ceron, 37, of Colombia – awaiting trial currently set for Sept. 11;
- Jameson Robert Sele, 23, Grand Forks, North Dakota, pleaded guilty to conspiracy to distribute controlled substances and was sentenced on July 27, 2015 to 36 months in prison;
- Ryan Jon Jensen, 23, of Grand Forks, pleaded guilty on Feb. 27, 2015 to conspiracy to distribute controlled substances resulting in serious bodily injury and death, two counts of distribution of a controlled substance resulting in death, distribution of a controlled substance resulting in serious bodily injury and money laundering conspiracy. He was sentenced on Feb. 2, 2016 to serve 20 years in prison;
- David Todd Noye Jr., 21, of Grand Forks, pleaded guilty on May 4, 2015 to conspiracy to distribute controlled substances and was sentenced on Jan. 25, 2016 to three years and three months in prison;
- Joshua Tyler Fulp, 23, of Grand Forks, pleaded guilty on June 23, 2015 to conspiracy to distribute controlled substances resulting in serious bodily injury and death and was sentenced to 12 years in prison;
- Kain Daniel Schwandt, 21, of Grand Forks, pleaded guilty on July 24, 2015 to conspiracy to distribute controlled substances and was sentenced on Jan. 25, 2016 to three years and six months in prison;
- Brandon Corde Hubbard, 43, of Portland, Oregon was indicted on charges of conspiracy to distribute controlled substances resulting in serious bodily injury and death, distribution of a controlled substance resulting in death and money laundering conspiracy and was sentenced on July 13, 2016 to life in prison;
- Ronnie Lee Helms, 33, of Acworth, Georgia pleaded guilty on March 1, 2017 to conspiracy to possess with intent to distribute and distribution of a controlled substance and controlled substance analogues resulting in serious bodily injury and death. Sentencing is set for Oct. 1; and
- Braden James Foley, 31, of Olympia, Washington pleaded guilty on Aug. 11, 2016 to conspiracy to possess with intent to distribute and distribution of a controlled substance and was sentenced on Nov. 21, 2016 to 30 months in prison.
District of Oregon
- Channing Lacey, 30, of Portland, Oregon, pleaded guilty on March 28, 2017 to one count of distribution of a controlled substance resulting in serious bodily injury to three individuals and one count of distribution of a controlled substance resulting in death and was sentenced to 135 months in prison;
- Carissa Marie Laprall, 26, of Portland, pleaded guilty on March 28, 2017 to three counts of distribution of a controlled substance resulting in serious bodily injury. Sentencing is set for Jan. 14, 2019; and
- Steven Fairbanks Locke, 42, of Portland, pleaded guilty on June 14, 2017 to use of a communication facility to facilitate a drug offense. Sentencing is set for Oct. 29.
These cases are being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; U.S. Drug Enforcement Administration; U.S. Postal Inspection Service; Grand Forks Narcotics Task Force; Royal Canadian Mounted Police; Portland, Oregon, Police Bureau – Drugs and Vice Division; Portland HIDTA Interdiction Task Force; Oregon State Police and the Grand Forks Police Department. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations and those primarily responsible for the nation’s illegal drug supply.
U.S. Attorney Christopher C. Myers, Assistant U.S. Attorney Scott Kerin for the District of Oregon and Trial Attorney Adrienne Rose of the Criminal Division’s Narcotic & Dangerous Drug Section are prosecuting the cases.
An indictment is merely an accusation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Social Security Administration Employee Sentenced for Conspiring to Commit Immigration Fraud and Falsifying Government RecordsRead the Press Release
SACRAMENTO, Calif. —Nelli Kesoyan, 46, of Rancho Cordova, was sentenced today to four years and nine months in prison for conspiring to make false statements in a matter related to naturalization and citizenship and to obstruct, impede, or influence a pending agency proceeding, and for falsifying government records, U.S. Attorney McGregor W. Scott announced.
In addition, U.S. District Judge Garland E. Burrell Jr. sentenced co-defendant, Vanik Movsesyan, 61, of Burbank, to 21 months in prison for his role in the conspiracy. Kesoyan’s husband, Grigor Kesoyan, previously pleaded guilty for his role in the conspiracy and was sentenced to time served.
According to evidence presented at trial, Kesoyan, a long-time Social Security Administration (SSA) employee in Sacramento, abused her position as a claims representative to create false documents and to falsify government records in an attempt to help Movseysan commit fraud in two naturalization applications. Kesoyan also served as Movsesyan’s translator during two naturalization interviews and assisted him in making false sworn statements during those interviews. When U.S. Citizenship and Immigration Services (USCIS) officers began to investigate the false statements, Kesoyan and Movsesyan produced additional false documents and encouraged others to lie to immigration officials in an effort to obstruct the investigation.
In imposing a nearly five-year sentence, Judge Burrell expressed his hope that the sentence would send a message to others who might engage in immigration fraud, obstruct government investigations, and abuse their positions of public trust as government employees. Judge Burrell stated that Kesoyan had “demonstrated contempt for the law, those who enforce it, and the legal process.” Describing Kesoyan’s conduct as “egregious,” Judge Burrell further found that Kesoyan’s abuse of her position as an SSA employee “undermined the fair, effective manner under which agencies are intended to operate and undermined trust in public records.”
This case is the product of an investigation by the Social Security Administration’s Office of Inspector General, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the IRS Criminal Investigation, and the Federal Bureau of Investigation. Assistant U.S. Attorneys Nirav K. Desai and Jeremy J. Kelley are prosecuting the case.
Former National Fish and Seafood President Sentenced for Tax FraudRead the Press Release
BOSTON – The founder and former president of National Fish and Seafood (National Fish), a major seafood processing company in Gloucester, was sentenced today for failing to pay taxes on approximately $2.9 million in income he earned from 2006 to 2013—money which the defendant agreed he fraudulently diverted from National Fish.
Jack A. Ventola, 71, of Ipswich, was sentenced by Senior U.S. District Court Judge Douglas P. Woodlock to two years in prison and one year of supervised release, and ordered to pay a $75,000 fine and restitution of $1,073,470 to the Internal Revenue Service. In December 2017, Ventola pleaded guilty to seven counts of making and subscribing a false tax return.
Ventola was a 40 percent owner of National Fish, a major seafood processor he founded in Gloucester that employed the services of a temporary labor company, Continental Labor Team Inc. (Continental), which Ventola also controlled. Together with his co-conspirators—two National Fish executives and the company’s accountant—Ventola channeled more than $5 million from National Fish, through Continental, and into Ventola’s personal bank accounts, tax free. To do so, one of the co-conspirators prepared fraudulent invoices for work supposedly done for Continental by IFS, a shell company. Ventola and his co-conspirators used the fake IFS invoices to obtain payments from Continental, which they deposited into Ventola’s personal bank accounts. During the later years of the scheme, the money was directed from Continental into an account Ventola controlled in the name of yet another shell company, Nordic Investments. From the various accounts, Ventola paid personal expenses and also wrote checks to his co-conspirators, or to shell companies they controlled.
In addition to this income, Ventola received regular kickback payments from a shrimp repackaging company in Texas that performed services for National Fish. Between 2008 and 2014, Ventola caused those payments, which exceeded $400,000, to be deposited into bank accounts he controlled, but he did not report that income on his tax returns.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorneys Stephen E. Frank, Chief of Lelling’s Economic Crimes Unit, and Brian A. Pérez-Daple, of Lelling’s Criminal Division, prosecuted the case.
Former Museum Business Manager Pleads Guilty to Wire FraudRead the Press Release
BOSTON – The former business manager of a local museum pleaded guilty today in federal court in Worcester to embezzling funds from the museum that employed her.
Jennifer Delorey McNamara, 36, of Clinton, pleaded guilty to wire fraud before U.S. District Court Judge Timothy S. Hillman, who scheduled sentencing for Aug. 2, 2018.
McNamara began working for the Museum of Russian Icons on a part-time basis in mid-2010. In 2012, the Museum promoted McNamara to full-time Business Manager. From approximately 2012 through October 2015, McNamara embezzled hundreds of thousands of dollars from the Museum by, amongst other means, failing to deposit cash received by the Museum into the Museum bank account and by repeatedly issuing unauthorized payments to herself from the Museum and depositing those payments into her personal account.
The Museum referred the matter to federal authorities when it became aware of the scope of McNamara’s theft and cooperated with federal investigators throughout the resulting investigation.
McNamara faces a sentence of no greater than 20 years in prison, up to three years of supervised release, a fine of up to twice the loss involved, and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Greg A. Friedholm, Chief of Lelling’s Worcester Branch Office, is prosecuting the case.
Former Fort Dix Inmate Sentenced to 30 Years in Prison for Hiring Criminal Associates to Assault His Ex-Girlfriend and Kill Her BoyfriendRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York and Angel M. Melendez, Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), announced today that OMAR ADONIS GUZMAN-MARTINEZ was sentenced to 30 years in prison for hiring others to viciously slash his ex-girlfriend (“Victim-1”) on June 2, 2015, in the Bronx, New York, and to murder her boyfriend (“Victim-2”) on March 20, 2016, in Santo Domingo, Dominican Republic. At the times he planned and caused others to carry out those crimes, GUZMAN-MARTINEZ was incarcerated in the Federal Correctional Institution at Fort Dix, New Jersey (“FCI Fort Dix”), and he used contraband cellphones to stalk, threaten, and induce others to commit crimes of violence against his victims. Today’s sentence is to run consecutively to the sentence GUZMAN-MARTINEZ was already serving on unrelated federal narcotics charges, which was due to end in 2025.
GUZMAN-MARTINEZ, 46, of Santo Domingo, Dominican Republic, pled guilty on July 28, 2017, to interstate domestic violence, interstate stalking, interstate threats, and conspiracy, before U.S. District Judge Katherine B. Forrest, who also imposed today’s sentence.
U.S. Attorney Geoffrey S. Berman said: “Omar Adonis Guzman-Martinez, already serving a prison term on narcotics charges, ordered and oversaw the brutal slashing of his ex-girlfriend and the cold-blooded contract killing of her boyfriend. Today he has rightly been handed a lengthy additional prison term for the murder and mayhem he orchestrated from his prison cell.”
HSI Special Agent-in-Charge Angel M. Melendez said: “Even while incarcerated, Guzman-Martinez thought that he was above the law. It was under his command that one individual was slashed and another was murdered. But, it is clear that his actions are not without consequence. His connection to these violent crimes has more than doubled his time in prison, and today’s sentencing serves as notice to criminals like Guzman-Martinez that they will be prosecuted to the fullest extent of the law.”
According to the Indictment, other filings in Manhattan federal court, and statements made in court proceedings:
Throughout his incarceration in the United States, GUZMAN-MARTINEZ used contraband cellphones to engage in a course of conduct intended to harass, intimidate, and threaten Victim-1. As part of that course of conduct, GUZMAN-MARTINEZ, among other things, caused co-conspirators to slash Victim-1 and to murder Victim-2.
Specifically, in mid-June 2015, while incarcerated at FCI Fort Dix, GUZMAN-MARTINEZ began recruiting co-conspirators to carry out a violent slashing of Victim-1, with whom GUZMAN-MARTINEZ has two children. GUZMAN-MARTINEZ eventually found two young men from Puerto Rico (the “Slashers”) who agreed to cut Victim-1 in exchange for payment. GUZMAN-MARTINEZ then arranged for the Slashers to fly from Puerto Rico to Orlando, Florida, where they tried to find an opportunity to attack Victim-1. When the Slashers failed to carry out the attack in Florida, GUZMAN-MARTINEZ arranged for them and Victim-1 to travel to the Bronx, New York, where the Slashers carried out the attack using box cutters.
By late-2015, GUZMAN-MARTINEZ had also started causing co-conspirators in the Dominican Republic to attempt to locate, stalk, surveil, and ultimately kill Victim-2, who was dating Victim-1 at the time. By March 2016, GUZMAN-MARTINEZ had identified someone willing to carry out the shooting in return for payment (the “Shooter”), and he caused another co-conspirator to acquire a firearm for the Shooter to use. Shortly before 1:00 a.m. on March 20, 2016, outside a nightclub in Sabana Perdida, Santo Domingo, the Shooter shot Victim-2 in the back of the head, killing him. Victim-1 was present at the scene. GUZMAN-MARTINEZ was in phone contact with co-conspirators as the shooting occurred and caused a sum of money to be paid to the Shooter for carrying out the murder.
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Mr. Berman praised the outstanding investigative efforts of HSI, the New York City Police Department, the U.S. Bureau of Prisons, and Special Agent Investigators at the U.S. Attorney’s Office.
The case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorneys Frank Balsamello and Jacob Warren are in charge of the prosecution.