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26 April 2018
Mexican Nationals Indicted for Methamphetamine SalesRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment Thursday against Jesus Alberto Lopez-Retamoza, 31, a Mexican citizen residing in Kern County, and Hugo Lemus, 29, and Alejandro Lemus, 24, both Mexican citizens residing in Tulare County. The indictment charges them with conspiracy to distribute methamphetamine, as well as possession with intent to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, over the course of several weeks, Alejandro Lemus and Hugo Lemus coordinated a large methamphetamine sale with a customer. On April 18, 2018, the day of the deal, Alejandro Lemus and Hugo Lemus met in Wasco with the customer, who was an informant. While the three were discussing the transaction, Lopez-Retamoza arrived and showed the customer a plastic bag containing approximately one pound of suspected methamphetamine. Hugo Lemus and Lopez-Retamoza then went to a residence in Wasco and retrieved an additional 10 pounds of suspected methamphetamine. When they returned to the meeting location where Alejandro Lemus was waiting, they were all arrested and the methamphetamine was seized.
This case is the product of an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Southern Tri-County High Intensity Drug Trafficking Area Task Force, the Kern County Sheriff’s Department, the California Highway Patrol, the Drug Enforcement Administration, the Bakersfield Police Department, and Customs and Border Protection. Assistant U.S. Attorney Angela Scott is prosecuting the case.
If convicted, the defendants each face a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Mexican Man Receives Significant Sentence in Alien Death CaseRead the Press Release
LAREDO, Texas – A 25-year-old man from Nuevo Laredo, Mexico, has been ordered to prison following his conviction of conspiracy to transport aliens which resulted in death, announced U.S. Attorney Ryan K. Patrick. Omar Gonzalez-Herrera pleaded guilty on Dec. 4, 2017.
Today, U.S. District Judge Diana Saldana ordered Gonzalez-Herrera to serve a 121-month term of imprisonment. Not a U.S. citizen, he is expected to face deportation proceedings following his sentence.
On Aug. 2, 2017, law enforcement found footprints near the Rio Grande River in Laredo which led them to a group of 14 people suspected of illegally being in the country. After following the prints, they encountered a group of fourteen persons. They also found a Glock handgun nearby on the ground. Upon further investigation, authorities learned the aliens had just crossed into the country via the Rio Grande River. They identified Gonzalez-Herrera as the foot guide.
Gonzalez-Herrera later admitted he was in fact the foot guide and that the Glock handgun was his. He was carrying it within his waist-band when he led the other aliens into the United States. He stated he was to be paid $1,500.
While crossing the river, three people died. All had been swept away by the current of the river and drowned. One of the victims was a child.
Gonzalez-Herrera has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation along with Border Patrol. Assistant U.S. Attorney Christopher dos Santos prosecuted the case.
Massachusetts Man Sentenced to 70 Months in Prison for Fentanyl TraffickingRead the Press Release
CONCORD - Alex “Lex” Hernandez, 27, most recently of Lowell, Massachusetts, was sentenced in federal court to 70 months in prison for distributing fentanyl, announced United States Attorney Scott W. Murray.
According to court documents and statements made in court, on three separate occasions in April, May and June 2016, Hernandez sold several “fingers” of fentanyl to an individual who was working with law enforcement. On each occasion, Hernandez was video and audio recorded, and was identified by law enforcement surveillance. In total, Hernandez distributed approximately 110 grams of fentanyl across the three deals. In October 2016, Hernandez was indicted by a federal grand jury sitting in Concord. When law enforcement sought to arrest Hernandez at an apartment he maintained in Lowell, Massachusetts, they found approximately 500 grams of cocaine, an industrial-grade press and mold for making fingers, a blender, a digital scale and cutting agents. Hernandez faces pending charges in Middlesex County, Massachusetts, for the cocaine, which are not a part of his resolution of the federal charges.
Hernandez pleaded guilty to three counts of fentanyl distribution in November 2017 after jury selection for his anticipated trial had taken place. He has been in custody since his October 2016 arrest. Following his release from prison, the defendant will be on supervised release for a period of three years.
“Fentanyl is causing tremendous damage to our community,” said U.S. Attorney Murray. “Those who distribute fentanyl are endangering the safety of the citizens of the Granite State. The U.S. Attorney’s Office will continue to work each day alongside our law enforcement partners to identify and prosecute those who are responsible for distributing fentanyl and other deadly drugs.”
“New Hampshire is in the midst of a devastating opioid crisis, as deaths from fentanyl soar. The FBI will continue to use every resource available to identify those, like Mr. Hernandez, who are contributing to the crisis,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “Today’s sentence holds Mr. Hernandez accountable for his crimes, and we’ll continue to work with our law enforcement partners to put other callous distributers like him behind bars.”
This matter was investigated by the Federal Bureau of Investigation’s Safe Streets Gang Task Force, which consists of FBI Special Agents and members of the Manchester Police Department, the Hudson Police Department, the New Hampshire State Police, the Nashua Police Department, and the New Hampshire Department of Corrections Probation and Parole. Investigators also received assistance of the Massachusetts State Police, Lowell, MA Police Department, and Middlesex, MA County District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Mason City Felon Sentenced to Federal Prison for Illegally Possessing a GunRead the Press Release
A convicted felon who illegally possessed a firearm while violating a no contact order was sentenced April 25, 2018, to eight years in federal prison.
Eric Brown, age 38, of Mason City, Iowa, received the prison term after a September 28, 2017, guilty plea to one count of possession of a firearm by a felon.
According to the plea agreement and other evidence presented in court, Brown was arrested in the driveway of a home after the resident, with whom Brown had a no contact order, called for police assistance due to Brown knocking on the windows of the residence. When apprehended, Brown had a loaded .22 caliber Colt revolver concealed in his waistband. Brown had previously been convicted of multiple felonies, including armed robbery, robbery, burglary, and attempted armed robbery in Cook County, Illinois.
Brown was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Brown was sentenced to 96 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Brown is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Lyndie M. Freeman and investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Mason City Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-3032.
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Man Sentenced to Time Served for Illegal Use of a Social Security NumberRead the Press Release
U.S. Attorney Duane A. Evans announced that RUFINO MEJIA-ACOSTA, a/k/a Miguel A. Pacheco-Gonzalez (MEJIA-ACOSTA), age 38, a citizen of Mexico, residing in Chalmette, Louisiana, was sentenced today after having previously pleading guilty to illegal use of a social security number.
U.S. District Judge Mary Ann Vial Lemmon sentenced MEJIA-ACOSTA to time served, to be followed by, one (1) year of supervised release, and $100 Mandatory Special Assessment Fee.
According to court documents, on July 3, 2017, MEJIA-ACOSTA, for the purpose of obtaining employment and for other purposes, knowingly and with intent to deceive, did falsely represent on a US Citizenship and Immigration Services Employment Eligibility Verification Form that a Social Security Number not issued to him, was assigned to him
U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
MS-13 Member Sentenced to 20 Years in Prison for RICO Conspiracy Involving Attempted Murder and Conspiracy to MurderRead the Press Release
BOSTON – An MS-13 member was sentenced today in federal court in Boston in connection with a 2014 shooting in Chelsea and a 2015 conspiracy to kill a suspected cooperating witness.
David Lopez, a/k/a “Cilindro,” a/k/a “Villano,” 22, a Salvadoran national, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 20 years in prison and three years of supervised release. Lopez will also be subject to deportation upon completion of his sentence. In October 2017, Lopez pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
Lopez was a member of MS-13’s Enfermos Criminales Salvatrucha (ECS) clique, which operated in Chelsea and other parts of Massachusetts. On May 29, 2014, Lopez and co-defendant Daniel Menjivar, a/k/a “Roca,” approached a victim near the Washington Avenue bus stop in Chelsea. Menjivar repeatedly stabbed the victim, and as the victim was struggling for his life, Lopez ran over and shot the victim multiple times in an attempt to ensure that the victim died. The victim suffered significant life threatening injuries and cardiac arrest, but survived the attack.
Following the May 2014 attempted murder, Lopez fled from Massachusetts to New Jersey. MS-13 members in New Jersey promoted Lopez to “homeboy,” or a full member of MS-13, to reward him for his effort to commit murder.
Then, in March 2015, members of the ECS clique decided to kill a fellow MS-13 member whom they incorrectly believed was cooperating with law enforcement. Needing a more experienced member to complete the job, MS-13 members went to New Jersey to pick up Lopez so that he could return to Massachusetts to help kill the suspected cooperating witness. Law enforcement became aware of this plan and intervened by moving the victim for his safety before Lopez and others could find and kill the suspected cooperating witness.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement. The details contained in the charging documents are allegations.
Lincoln Man Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Joseph P. Kelly announced that on April 26, 2018, Angel Guadalupe Deleon, 27, of Lincoln, was sentenced to 10 years, (120 months), in prison for possession with intent to distribute 50 grams or more of actual (pure) methamphetamine. Following the prison term, Deleon will serve five years on supervised release.
On April 24, 2017, a search warrant was executed at Deleon’s Lincoln apartment. A baggie of methamphetamine containing at least 55 grams of actual methamphetamine was found along with a digital scale containing methamphetamine residue. Deleon admitted the drugs belonged to him.
This case was investigated by the Lincoln/Lancaster County Drug Task Force, the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA) and the Nebraska State Patrol.
Levittown Man Sentenced to 10 Years in Prison for Possession and Transportation of Child PornographyRead the Press Release
David Fetterolf, 54, was sentenced on April 25 to 10 years in prison for possessing more than 600 images and 29 videos of children being sexually abused, and for sharing the images and videos via the internet, announced United States Attorney William M. McSwain. Fetterolf pled guilty in November. Following his prison term, Fetterolf will be subject to a 10-year period of supervised release. He also received a $100,000 fine.
“This is a horrifying crime committed by a defendant who exploited children for his own sexual gratification,” U.S. Attorney McSwain said. “Fetterolf is part of a community of deviant individuals who enjoy watching the innocence of young children shattered, their intimate privacy destroyed, and the worst moments of their young lives documented forever for others.”
Fetterolf had a collection of child pornography images that included those depicting bondage and sadistic conduct.
“In a case like this, it’s important to remember his many young victims,” continued U.S. Attorney McSwain. “Each image downloaded by the defendant depicts a horrifying, life-changing moment for a child.”
The case was investigated by Homeland Security Investigations and the Pennsylvania State Police. It is being prosecuted by Assistant United States Attorney Sherri Stephan.
Leominster Man Indicted for Passport FraudRead the Press Release
BOSTON – A Leominster man was indicted today in federal court in Boston for passport fraud.
“John Doe,” whose true identity and age are presently unknown, and whose last known address was in Leominster, was indicted on one count of making false statements in a passport application. On April 4, 2018, “Doe” was arrested on a criminal complaint and has been in custody since.
It is alleged that in December 2011, “Doe” entered a Jamaica Plain post office and used the name, date of birth, and Social Security number of a United States citizen from Puerto Rico to apply for a United States passport.
The charge of passport fraud provides for a sentence of no greater than 10 years in prison, three 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 and William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office, made the announcement today. Assistant U.S. Attorneys Sandra S. Bower and Lauren A. Graber of Lelling’s Criminal Division are prosecuting this 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.
Latin Counts Gang Members Charged and Arrested for Committing A Shooting in Southwest DetroitRead the Press Release
The Detroit One collaboration of local, state, and federal law enforcement has led to charges against six members of the Latin Counts street gang for committing murder conspiracy and two non-fatal shootings that occurred in southwest Detroit on October 7, 2017, United States Attorney Matthew Schneider announced today.
Joining Schneider in the announcement were Special Agent in Charge James Deir, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Detroit Division, FBI SAC, and Chief James Craig, Detroit Police Department.
According to the superseding indictment, the Latin Counts gang operates primarily in southwest Detroit and the downriver communities of Lincoln Park and Ecorse. The superseding indictment alleges that the Latin Counts are a criminal enterprise responsible for murders, robberies, and the distribution of illegal drugs. The Latin Counts use violence to retaliate against rivals, to intimidate citizens in the community, and to advance members’ positions within the gang.
Under the Detroit One initiative, and through the lead efforts of the ATF and the Detroit Homicide Task Force, law enforcement identified six violent members of the Latin Counts gang responsible for the shooting.
The two defendants arrested today were:
- Ryan Jose Taylor, a/k/a “Loco,” 22, of Detroit, charged with conspiracy to commit murder in aid of racketeering, three counts of attempted murder in aid of racketeering, three counts of assault with a dangerous weapon in aid of racketeering, and using, carrying, and discharging a firearm during and in relation to a crime of violence;
- Christopher Nicholas Rishell, a/k/a “C-5,” 28, of Lincoln Park, charged with conspiracy to commit murder in aid of racketeering, three counts of attempted murder in aid of racketeering, three counts of assault with a dangerous weapon in aid of racketeering, and using, carrying, and discharging a firearm during and in relation to a crime of violence.
The four defendants who are already in federal or state custody are:
- Alberto Devin Roldan-Jackson, a/k/a “Berto,” 19, of Detroit, charged with conspiracy to commit murder in aid of racketeering, three counts of attempted murder in aid of racketeering, three counts of assault with a dangerous weapon in aid of racketeering, possession of a firearm and ammunition by an unlawful user of a controlled substance, and using, carrying, and discharging a firearm during and in relation to a crime of violence;
- Justin Robert Feiler, a/k/a “White Boi,” 21, of Detroit, charged with conspiracy to commit murder in aid of racketeering, three counts of attempted murder in aid of racketeering, three counts of assault with a dangerous weapon in aid of racketeering, and using, carrying, and discharging a firearm during and in relation to a crime of violence;
- Gabriel Arocho, a/k/a “Kid” and “Big Kid,” 35, of Detroit, charged with conspiracy to commit murder in aid of racketeering, three counts of attempted murder in aid of racketeering, three counts of assault with a dangerous weapon in aid of racketeering, and using, carrying, and discharging a firearm during and in relation to a crime of violence;
- Darnell Watson, a/k/a “Shadow,” 23, of Lincoln Park, charged with conspiracy to commit murder in aid of racketeering, three counts of attempted murder in aid of racketeering, three counts of assault with a dangerous weapon in aid of racketeering, and using, carrying, and discharging a firearm during and in relation to a crime of violence.
“This appalling shooting took place in a residential neighborhood and resulted in the killing of a suspected Latin Counts gang member and injuring two others. The Detroit One partners will continue to be relentless in our efforts to rid our neighborhoods of gang violence,” U.S. Attorney Schneider said.
“Protecting the public from violent criminals is at the heart of ATF’s mission,” said Special Agent in Charge James Deir. “We will continue to work with our law enforcement partners to rid our community of these violent gang members.”
"The Detroit One initiative strives to create a higher quality of life for all residents in the City of Detroit by eliminating the threat of gang violence”, said Timothy R. Slater, Special Agent in Charge, Detroit FBI. “Investigating, arresting, and charging violent gang members, such as those in the Latin Counts, who seek to terrorize our local communities will continue to be a mainstay for the FBI and each of our law enforcement partners”.
Detroit One is a collaborative effort between law enforcement and the community to reduce homicides and other violent crimes in Detroit. By working together, local, state, and federal law enforcement agencies strive to maximize their ability to identify and arrest individuals and groups initiating violence in Detroit. Since its launch in 2013, homicides are down 30% and non-fatal shootings are down 45%, when comparing the homicide and shooting totals from 2012 to the totals in 2017.
The two defendants arrested today will be making their initial appearances in federal court in Detroit this afternoon. The other four defendants will appear in federal court on later dates.
A superseding indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The case is being prosecuted by Assistant United States Attorneys Louis Crisostomo and Eric Straus.
Kingsport Pharmacist Agrees to Pay $100,000 in Civil Penalties to Settle Alleged Violations of the Controlled Substances ActRead the Press Release
GREENEVILLE, Tenn. – P&S Pharmacy, a retail pharmacy in Kingsport, Tennessee, and Lowell Grizzle, the pharmacy owner and a licensed pharmacist, have agreed to pay the United States $100,000 in civil penalties to settle allegations that P&S Pharmacy and Grizzle violated the Controlled Substances Act. To prevent the diversion or misuse of controlled substances, including certain prescription drugs, the Controlled Substances Act requires persons and companies involved in the chain of distribution to maintain complete and accurate records relating to the controlled substances they receive and dispense.
The United States alleged that in November 2014 an accountability audit of P&S Pharmacy by the U.S. Drug Enforcement Administration (DEA) uncovered multiple record-keeping violations. Specifically, the United States alleged that P&S Pharmacy and Grizzle failed to maintain complete and accurate records with respect to several Schedule II controlled substances as required by the Controlled Substances Act and failed to note the date and quantity of controlled substances that were received.
U.S. Attorney J. Douglas Overbey said, “Given the severity of the opioid crisis in East Tennessee, it is imperative that pharmacies maintain accountability by keeping accurate records and ensuring that prescribed opioids do not fall into the wrong hands. Retail pharmacists and other professionals who fail to fulfill their legal obligations to keep a responsible account of these dangerous drugs increases the risk of diversion, which contributes to this crisis. This settlement is a clear message that the U.S. Attorney’s office is looking to those responsible for safeguarding and distributing prescription medication and will strictly enforce the requirements of the Controlled Substances Act.”
D. Christopher Evans, Special Agent in Charge of the DEA Louisville Field Division, also commented on this case, stating, “The consumption of opiates being distributed for non-medical reasons continues to be a major concern. Consequently, DEA Diversion Investigators will continue to conduct accountability audits to make sure that pharmacies and other healthcare providers are abiding by specific rules and regulations. This civil fine shows that DEA and the entire law enforcement community are committed to making sure that such companies are abiding by its mandates.”
This settlement is the result of a joint effort by the DEA Diversion Control Division, Knoxville Resident Office, Diversion Group, and the U.S. Attorney’s Office for the Eastern District of Tennessee. Assistant U.S. Attorneys Jessica R. Sievert and Robert C. McConkey, III, represented the United States.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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Kent State professor Julio Pino pleaded guilty to lying to the FBIRead the Press Release
A Kent State University professor pleaded guilty in federal court to lying to the FBI.
Julio Pino, 57, of Kent, is scheduled be sentenced Aug. 23 at noon. He was charged via a criminal information with one count of making a false statement to law enforcement earlier this week.
The charge was announced by U.S. Attorney Justin E. Herdman and FBI Special Agent in Charge Stephen D. Anthony.
According to the criminal information filed in U.S. District Court in Cleveland:
Pino was a Facebook friend of a St. Louis resident identified in the information at J.E. Pino posted numerous statements and images on social media regarding J.E. and J.E.’s child custody issues between May 2015 and January 2016.
Among these conversations, on or about September 11, 2015, Defendant and J.E. had the following communications:
J.E. wrote, “I’m playing the game backwards. and winning! . . . I will kill 100s of people if they take my rights as a father away!”
Pino stated, “Yes, in military terms this is known as ‘the Parthian shot’.”
J.E. wrote, “hell, 10000’s! . . . It’;s [sic] time for Men to act like men again. . . . See the thing I’ve got on my side is God. That allows me certain rights. One of those rights is to strike down evil with furious vengeance! . . . People don’t even know how crazy I am yet! That’s because no ones ever tried to take my [relative]. They’re about to meet to [the] Monster they’ve created.”
Pino responded, “Devour them, [J.E.].”
J.E. wrote, “Thank You! I will! :)
J.E. wrote on his Facebook wall a series of threatening communications in December 2015 through January 2016 directed against a St. Louis Family Court Judge adjudicating J.E.’s child custody case. On Jan. 11, 2016, J.E. also wrote on his own Facebook wall, “I (expletive) love Julio Pino, even if he does eventually do something that most consider horrible, I’ll still love him because I know him in a deeper way than most of you even could.”
Law enforcement authorities in St. Louis arrested J.E. on Jan. 11, 2016, for making threatening communications against the judge.
The FBI was involved in investigating J.E.’s threats against the judge. FBI agents on Jan. 18, 2016, interviewed Pino in Miami about his social media posts and comments concerning his interactions with J.E. and discussions with J.E. about J.E.’s child custody issues. The FBI agents recorded this interview in connection with an ongoing investigation concerning, among other things, Pino’s interactions with J.E. as described above.
Federal grand jury subpoenas from the Northern District of Ohio were issued during the course of that investigation. In response to questions from FBI agents concerning whether he ever had conversations with J.E. on the social media accounts, Pino, knowing full well the content of his social media interactions with J.E., stated he “never heard of [J.E. or] maybe I heard of him through the news,” he did not recall conversations with J.E. and that his conversations with J.E. were “invented conversation[s].” When asked again if he remembered the conversation with J.E., Pino responded, “I never heard of him, well maybe I heard of him through the news,” and then later stated, “the other way around it is certainly possible that he could have heard of me and made up this conversation, invented it.”
This investigation was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorneys Om Kakani and Michelle Baeppler.
Keebler Pleads Guilty to Attempted Destruction of Federal Property by Use of an ExplosiveRead the Press Release
SALT LAKE CITY – William Keebler, age 59, of Stockton, Utah, indicted by a federal grand jury in June 2016 in what the charges alleged was an attempt to damage or destroy a federal buildings managed by the U.S. Bureau of Land Management, has pleaded guilty.
Keebler pleaded guilty to a one-count Felony Information filed Thursday morning charging him with attempted destruction of federal property by use of an explosive in U.S. District Judge David Sam’s courtroom Thursday morning. Keebler admitted that between June 20, 2016, and June 22, 2016, he traveled from Tooele County, Utah, to Mount Trumbull in an attempt to damage or destroy a federal facility managed by the BLM. He agreed that he attempted to detonate an explosive in order to damage the BLM structure.
According to a complaint filed in the case, Keebler served as the commander of a citizen militia group called the Patriots Defense Force, headquartered in Stockton, Utah. He was present during the Bunkerville, Nevada, standoff involving the BLM in 2014.
The Utah case followed an extensive investigation by the FBI’s Joint Terrorism Task Force and its partner agencies.
“Thanks to the professionalism and expertise of the FBI and its partner law enforcement agencies, we were able to detect a serious criminal threat and bring a successful prosecution,” U.S. Attorney John W. Huber said today. “We are pleased with the outcome of this priority case,” Huber said.
“Protecting our country and its citizens from terrorist attacks is the FBI’s highest priority. This case illustrates our commitment to dealing with individuals who attempt violent acts against the government and wish to bring harm to the public,” said Eric Barnhart, Special Agent in Charge, FBI Salt Lake City Field Office. “This case is the result of the great work of the FBI’s Joint Terrorism Task Force, which brings together federal, state and local agencies together to keep our communities safe.”
The plea agreement includes a stipulated prison sentence between 12 months and one day, up to 70 months. The sentence is subject to the approval of the court. Sentencing is scheduled for July 9, 2018, at 3 p.m. in Judge Sam’s courtroom.
Huber says federal prosecutors look forward to presenting their sentencing arguments at the hearing and will advocate for a sentence at the high end of the sentencing range included in the plea agreement. Keebler has been in federal custody since his arrest after the court determined he was a danger to the community.
KC Man Sentenced to 15 Years for $4.3 Million Meth, Heroin ConspiracyRead the Press Release
KANSAS CITY, Mo. – Three more defendants have been sentenced for their roles in a $4.3 million conspiracy to distribute large quantities of methamphetamine and heroin throughout Jackson, Clay, Ray, Clinton and Buchanan counties.
Gregory Bullock, 49, of Kansas City, Mo., was sentenced by U.S. Chief District Judge Greg Kays on Wednesday, April 25, 2018, to 15 years and five months in federal prison without parole. Bullock was sentenced as a career offender due to his prior felony convictions. The court also ordered Bullock to pay the government a money judgment of $365,000 based upon his drug responsibility.
Steven Lee Schreier, Jr., 33, of Excelsior Springs, Mo., was sentenced on April 10, 2018, to eight years and four months in federal prison without parole. Jay Harrison Lee Carder, 31, of Cowgill, Mo., was sentenced on March 6, 2018, to eight years and four months in federal prison without parole.
Bullock, Schreier and Carder each pleaded guilty to participating in a conspiracy to distribute methamphetamine. Carder also pleaded guilty to participating in a conspiracy to distribute heroin.
In 2010, the Buchanan County Drug Strike Force and the DEA initiated an investigation into a drug-trafficking organization distributing methamphetamine in northwest Missouri and northeast Kansas. Bullock, along with co-defendants Jose Luis Ruiz-Salazar, 39, his brother, Gabriel Ruiz-Salazar, 35, both of Kansas City, Mo., have admitted to being the primary sources that supplied co-conspirators with large amounts of methamphetamine during the conspiracy. Co-conspirators then distributed the methamphetamine throughout Jackson, Clay, Ray, Clinton and Buchanan counties in Missouri.
Gabriel Ruiz-Salazar was sentenced to 15 years and eight months in federal prison without parole. Jose Ruiz-Salazar awaits sentencing.
According to court documents, conspirators sold $4,359,600 worth of methamphetamine and heroin from 2010 to 2015. That estimate is based on a conservative street price of $1,200 for an ounce of 50 percent pure methamphetamine and the total conspiracy distribution of at least 100 kilograms of methamphetamine, and a conservative street price of $2,500 per ounce of heroin and an overall conspiracy distribution of approximately three pounds.
Bullock, Schreier and Carder are among 21 co-defendants who have been sentenced after pleading guilty to their roles in the conspiracy to distribute methamphetamine.
Elgin Eugene Dothage, also known as “Butch,” 41, of Kearney, Mo., was sentenced to 20 years in federal prison without parole. The court ordered the federal sentence to be served consecutively to a nine-year sentence for his conviction in an unrelated state case. Ryan A. Battagler, 39, of Kearney, was sentenced to 12 years in federal prison without parole.
Jason Lee Kirtley, 45, of Excelsior Springs, Mo., was sentenced to 12 years and 11 months in federal prison without parole and ordered to forfeit to the government $28,800, which represents the proceeds of drug trafficking. Jackie R. Love, 61, of Excelsior Springs, was sentenced to six years and three months in federal prison without parole. Anthony Ray Stevenson, 46, of Excelsior Springs, was sentenced to 22 years and six months in federal prison without parole. Paula Rae Scott, 48, of Excelsior Springs, four years and 11 months in federal prison without parole. Marion Eugene Brammer, 54, of Excelsior Springs, was sentenced to six years and three months in federal prison without parole. Rodney Earl King, 52, of Excelsior Springs, was sentenced to five years and two months in federal prison without parole. Darin Gene Berry, 52, of Excelsior Springs, was sentenced to four years and five months in federal prison without parole.
Bryan D. Carroll, 29, of Kansas City, Mo., was sentenced to six years and six months in federal prison without parole. Franklin Charles Carter, also known as “Frankie,” 29, of Grandview, Mo., was sentenced to eight years in federal prison without parole.
Jason Daniel Davis, 44, of Liberty, Mo., was sentenced to 15 years and eight months in federal prison without parole. Taylor Lee Syas, 25, of Polo, Mo., was sentenced to eight years and four months in federal prison without parole. Ronald Louis Roberts, 55, of Lathrop, Mo., was sentenced to 10 years and six months in federal prison without parole.
Brian Michael Bowers, 35, of Richmond, Mo., was sentenced to 12 years and six months in federal prison without parole. Gary Dewayne Brown, 38, of Cowgill, was sentenced to 12 years and seven months in federal prison without parole. Brittney James Brehm, 39, of Bland, Mo., was sentenced to six years and 11 months in federal prison without parole.
Five co-defendants have pleaded guilty and await sentencing. In addition to Jose Ruiz-Salazar, co-defendants William Dean Campbell, 37, of Excelsior Springs; Joshua Keith Bowers, 34, of Polo; Sabrena Lynn Morgan, 41, of Kearney; and Caleb Dean Hayes, 37, of Kansas City, Mo., are among 26 defendants indicted in this case who have pleaded guilty.
This case is being prosecuted by Assistant U.S. Attorneys Bruce Rhoades, Bradley K. Kavanaugh and Matt Moeder. It was investigated by the Clay County Drug Task Force, the Missouri State Highway Patrol, the Caldwell County, Mo., Sheriff’s Department, the Buchanan County Drug Strike Force and the DEA.
Indictment Charges 19 Individuals with Heroin and Cocaine Trafficking OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Albert Angelucci, Acting Special Agent in Charge of the Drug Enforcement Administration for New England, Patricia Ferrick, Special Agent in Charge of the Federal Bureau of Investigation for Connecticut, and Anthony Campbell, Chief of the New Haven Police Department, today announced the unsealing of an indictment charging 19 individuals with federal narcotics offenses related to the trafficking of heroin and cocaine in Connecticut.
Seventeen of the 19 defendants were arrested yesterday, one defendant is in state custody, and one defendant is in the custody of U.S. Immigration and Customs Enforcement (ICE) in Michigan.
This matter stems from a joint investigation headed by the DEA New Haven Task Force, FBI and New Haven Police Department that has included the use of court-authorized wiretaps, controlled purchases of heroin and cocaine, and seizures of bulk heroin and cocaine. It is alleged that Duane Filyaw, of New Haven, operated a heroin and cocaine trafficking ring in which he conspired with others to purchase narcotics from suppliers and then distribute the drugs to other suppliers of street-level dealers in and around New Haven.
During the course of the investigation, law enforcement officers seized more than 200 grams of heroin and more than one kilogram of cocaine through supervised purchases and interdictions of on-going transactions. In association with today’s arrests and the execution of multiple search warrants, officers seized three firearms, approximately 360 grams of fentanyl, approximately 340 grams of suspected heroin, approximately 80 grams of cocaine, more than $90,000 in cash, vehicles, jewelry and precious metals.
On April 19, 2018, a grand jury in New Haven returned a six-count indictment charging
DUANE FILYAW, 34, of New Haven
NEFTALI FERNANDEZ, a.k.a. “Nef,” 31, of Meriden
LEON GREENE, a.k.a. “Gotti,” 43, of Cheshire
RAFAEL SERRANO, 43, of West Haven
SALVATORE ORSINI, 27, of West Haven
CHRISTOPHER SERRANO, a.k.a. “Mancho,” 34, of Milford
NORMAN EDGARDO PEREZ, a.k.a. “Rico,” of Oakland, Calif.
LORENZO MORALES-ARAMBULA, a.k.a. “Viejo,” 56, of Mexico (in ICE custody)
NATIVIDAD DIAZ, a.k.a. “Nat,” 34, of Meriden
JONATHAN BRITO, 24, of Waterbury
HARRISON ELBA, 27, of Simsbury
GABRIEL ROMERO ESCALERA, 27, of San Juan, P.R.
BIRL JACKSON, 36, of New Haven (in state custody)
STEVEN McCOY, a.k.a. “S Dot,” 25, of New Haven
STEPHEN JONES, a.k.a. “EVX” and “Stevie D,” 33, of New Haven
HAKEEM BASIR, a.k.a. “Neil Ford,” 54, of Waterbury
CARLOS OVALLE, a.k.a. “Carlos Tirado,” 46, of East Hartford
NIGEL JONES, 36, of New Haven
SAMUEL CRUZ, 40, of New HavenEach of the defendants is charged with conspiracy to distribute and to possess with intent to distribute heroin and cocaine. If convicted of this charge, based on the type and quantity of narcotics charged, Filyaw, Fernandez, Greene, Perez, Morales-Arambula, Diaz, Escalera and Ovalle face a minimum term of imprisonment of 10 years and a maximum term of imprisonment of life; Rafael Serrano, Orsini, Christopher Serrano, Brito, Elba, Jackson, McCoy, Stephen Jones, Basir and Cruz face a minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years; and Nigel Jones faces a maximum term of imprisonment of 20 years.
The indictment also charges Rafael and Christopher Serrano, Fernandez, Filyaw, Orsini, Elba and Brito counts of possession with intent to distribute, and distribution of, heroin or cocaine.
“As alleged, this drug trafficking organization, which used multiple sources of supply, has been responsible for the distribution of significant quantities of heroin and cocaine in Connecticut,” said U.S. Attorney Durham. “The U.S. Attorney’s Office is committed to working closely with the DEA, FBI, and our state and local law enforcement partners to disrupt drug networks – especially those that distribute heroin, fentanyl and other dangerous opioids – and prosecute those responsible.”
“DEA is committed to investigating and dismantling large scale poly drug trafficking organizations like this one operating in the New Haven area,” said DEA Acting Special Agent in Charge Albert Angelucci. “Let these arrests serve as an example to those who distribute heroin and cocaine in order to profit and destroy people’s lives, that DEA will aggressively pursue and hold you accountable. This investigation demonstrates the strength of collaborative law enforcement efforts in Connecticut and our strong partnership with the U. S. Attorney’s Office.”
“All illicit drugs being sold in our communities are a problem, but the illegal distribution of opioids has proven to be the greater issue here and across this country,” said FBI Special Agent in Charge Ferrick. “We at the FBI along with the DEA, New Haven Police Department and many other law enforcement partners are once again proving that we will make illicit drug sales in our communities a priority. We will continue to dismantle groups like this in every city in our effort to save lives.”
“The New Haven Police Department is proud of the hard work put in by our officers and our state and federal partners in bringing those involved in illegal drug trade to justice,” said New Haven Police Chief Campbell. “Those that poison our kids and endanger our citizens deserve to be behind bars. We’re a safer city now that these arrests have been made.”
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This investigation is being led by the DEA New Haven Task Force, Federal Bureau of Investigation and New Haven Police Department. The DEA New Haven Task Force includes participants from the New Haven, Hamden, West Haven, North Haven, East Haven, Branford, Ansonia, Meriden and Derby Police Departments, and the U.S. Marshals Service. The Connecticut Department of Correction, Milford Police Department and East Haven Police Department are also assisting the investigation.
The case is being prosecuted by Assistant U.S. Attorney H. Gordon Hall.
In His First Public Address to Law Enforcement, U.S. Attorney William M. McSwain Offers Words of Encouragement to Philadelphia PoliceRead the Press Release
PHILADELPHIA, Pa. — In his first public address to law enforcement since being sworn in as U.S. Attorney, William M. McSwain told Philadelphia police commanders, and this year’s class of recruits, that he wants them to know exactly where he stands.
“I love what you do,” U.S. Attorney McSwain said. “I love what you stand for. When you put on your uniform, you are telling the world that you have dedicated your life to public service, dedicated your life to keeping our communities safe - and that you’re even willing to risk your own life to do it. I respect you, I admire you, and I thank you. Everybody in this room is a hero to me.”
U.S. Attorney McSwain told the officers he’s well aware that they are living and working under a microscope and that this might be the most difficult time in history to be a police officer.
“And not only are the police under scrutiny like never before,” he said, “but also the tools of that heightened scrutiny are ever-present. Everything that you do and everything that you say can be posted on Facebook, tweeted, and made into a national news story in a matter of seconds. For those of you with family members who have previously served in law enforcement, this is one of those times where you can tell them at the Thanksgiving table that you do, in fact, have it much harder than they ever did.”
U.S. Attorney McSwain encouraged officers not to become discouraged by this increased scrutiny but, instead, to embrace it. “Because when the media and the citizens of our community actually get the opportunity to look more closely, they get to see hard-working police officers who are keeping our communities safe every single day.”
“If you only remember one thing that I say today, I want you to remember this: thank you. Thank you for your partnership with the U.S. Attorney’s Office in pursuing justice. Thank you for your leadership in the community and for keeping all of us safe. Thank you for the sacrifices that you and your loved ones make on a daily basis.”
Houston Man Convicted of Racketeering Schemes that Involved the Attempted Capital Murder of State District Court Judge Julie KocurekRead the Press Release
In Austin today, a federal jury convicted 30-year-old Chimene Hamilton Onyeri on federal charges related to his leadership role in carrying out fraud and racketeering schemes that involved the attempted capital murder of State District Court Judge Julie Kocurek in November of 2015.
That announcement was made by United States Attorney John F. Bash; Travis County District Attorney Margaret Moore; FBI Special Agent in Charge Christopher Combs; Internal Revenue Service-Criminal Investigation (IRS-CI) Acting Special Agent in Charge Andy Tsui; Austin Police Chief Brian Manley; and, United States Postal Inspection Service (USPIS) Inspector in Charge Adrian Gonzalez, Houston Division.
“Today’s verdict vindicates the integrity of our judicial system and achieves justice for Judge Kocurek. I thank the jury for their conscientious service over a long trial,” stated United States Attorney John F. Bash.
Jurors convicted Onyeri of one count of conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute, one count of conspiracy to commit mail fraud, two counts of conspiracy to commit wire fraud, seven counts of aggravated identity theft, and six counts of witness tampering.
Evidence presented during trial revealed that from January 2012 to November 2015, Onyeri, 28-year-old Marcellus Antoine Burgin of Cypress, TX, and 26-year-old Rasul Kareem Scott of Marrero, LA, all conspired to commit various fraudulent schemes for financial gain in Austin, Houston, the state of Louisiana and surrounding areas. Schemes included converting stolen debit card numbers obtained from skimming devices into cash, and Stolen Identity Refund Fraud (SIRF), through the use of the U.S. Mail. Their racketeering enterprise involved mail fraud, bribery of a public official, wire fraud, document fraud, access device fraud, money laundering and attempted murder.
According to testimony, when the existence of the criminal enterprise was threatened, Onyeri responded with violence. On the night of November 6, 2015, Onyeri attempted to murder State District Court Judge Julie Kocurek, whom Onyeri believed was going to sentence him to prison, by shooting Judge Kocurek while she sat in her car outside her home in Austin. As a result of the incident, Kocurek suffered serious bodily injury from multiple gunshots and resulting shrapnel.
Testimony also revealed that in September 2016, Onyeri attempted to contact six witnesses by smuggling a note out of the Travis County Jail and corruptly persuade them not to talk about Onyeri’s criminal activities to investigators in this case.
“The law enforcement response to this evil has been truly exemplary. The investigation was tireless and meticulous. And the United States Attorney and the Travis County District Attorney jointly delivered the resources necessary to achieve this successful prosecution,” stated Travis County District Attorney Margaret Moore.
“Today’s verdict should send a clear message to those who threaten, injure or kill members of the judiciary – you will not escape the consequences of your actions. Justice will be served and you will be held accountable,” stated FBI Special Agent in Charge Christopher Combs. “It was an honor and privilege to work with Austin Police Department, and our law enforcement partners, to bring justice for a brave jurist and dedicated public servant whose life was changed forever by the defendant’s brazen and violent actions.”
“Chimene Onyeri’s criminal organization perpetuated elaborate fraud schemes driven by his insatiable greed. This trial has shown Onyeri’s blatant disregard for human life by the attempted murder of a State District Court Judge,” said Andy Tsui, Acting IRS Special Agent in Charge of the San Antonio field office. “This conviction demonstrates IRS Criminal Investigation’s commitment in supporting our law enforcement partners in holding criminal organizations accountable for their actions.”
“This investigation was an excellent example of a partnership between local, state, and federal law enforcement agencies working together to successfully prosecute numerous violations of federal statutes. I commend the hard work and countless hours put forth by all of the law enforcement agencies involved, which resulted in justice for the victims,” stated USPIS Inspector in Charge Adrian Gonzalez.
“I am grateful to our local, state and federal partners for bringing closure to this case,” said Police Chief Brian Manley. “The strong partnerships we have with our partnering agencies were crucial to this investigation. I’d like to thank the Austin Police Department’s Homicide and Homicide Cold Case Unit for their tireless work and dedication seeking justice for Judge Julie Kocurek and the Kocurek family whose lives will always be impacted by this senseless act.”
“I’m glad to see justice prevail against Onyeri and congratulate federal and state prosecutors on a job well done. I wish Judge Kocurek nothing but the best as she moves forward and continues to heal. It was the Travis County Sheriff’s Office’s honor to provide security to her and her family and to participate in the multi-agency efforts that investigated and prosecuted this case,” stated Travis County Sheriff Sally Hernandez.
Burgin and Scott both entered guilty pleas prior to jury selection. Burgin and Scott each pleaded guilty to the RICO conspiracy charge. Both remain in federal custody awaiting sentencing which has yet to be scheduled. Onyeri, who also remains in federal custody, is scheduled for sentencing at 9:00am on August 17, 2018, in Austin before United States District Judge Lee Yeakel.
This FBI, IRS-Criminal Investigation, U.S. Postal Inspection Service, United States Secret Service, Austin Police Department and the Travis County District Attorney’s Office investigated this case. The 14th Judicial District Attorney’s Office in (Calcasieu Parish) Lake Charles, Louisiana; Fort Bend County District Attorney’s Office; United States Attorney’s Offices for the Southern District of Texas and the Eastern District of Louisiana; the United States Marshals Service; Travis County Sheriff’s Office; and, the Houston Police Department provided valuable assistance during this investigation. Assistant U.S. Attorney Gregg N. Sofer and Special Assistant U.S. Attorney Dayna L. Blazey of the Travis County District Attorney’s Office are prosecuting this case on behalf of the Government.
Hombre De Houston Condenado De Esqumas De Raqueterismo Incluso De Intentar El Asesinato De La Juez Julie Kocurek De La Corte Distrito Del EstadoRead the Press Release
Hoy en Austin, el tribunal de jurados federal condenaron a Chimene Hamilton Onyeri, 30 años, de cargos federales por su dirección en las esquemas de fraude y requeterismo incluso de intentar el asesinato de la Juez Julie Kocurek en noviembre de 2015.
Fue anunciado por el Abogado de los Estados Unidos John F. Bash, Margaret Moore, Abogada de la Oficina del Abogado del Condado de Travis; Christopher Combs, Agente Especial en Cargo de la Oficina de Investigaciones Federales (FBI por sus siglas en inglés); Andy Tsui, Interismo Agente Especial en Cargo del Servicio Interno de Impuestos – Investigaciones Criminales (IRS-CI, por sus siglas en inglés); Jefe de Policía Brian Manley; y Adrian Gonzalez, Inspector en Carga del Servicio de Inspección Postal de los Estados Unidos (USPIS, por sus siglas en inglés), División de Houston.
“La decisión de hoy es vindicación a la integridad del sistema judicial y lleva a cabo justicia para Juez Kocurek. Le doy gracias al tribunal por su servicio concienzudo durante el juicio,” dijo el Abogado de los Estados Unidos John F. Bash.
El tribunal de jurados condenaron Onyeri de un cargo de conspiración de violación del estatuo Requeterismo Influenciada de Organización Corrupto (RICO por sus siglas en inglés), un cargo de conspiración de cometer fraude por correspondencia; dos cargos de conspiración de cometer fraude por transmisión electrónico, siete cargos de robo de identidad agravada, y seis cargos de corromper testigos.
Evidencia presentada durante el juicio reveló que durante enero 2012 hasta noviembre 2015, Onyeri, Arcellus Antoine Burgin (Burgin), 28 años de Cypress, Tejas, y Rasul Kareem Scott (Scott), 26 años de Marrero, Louisiana, todos conspiraron para cometir varias esquemas fraudulentas para ganancias financieras en Austin, Houston, el estado de Louisiana y las áreas cercanas. Las esquemas incluyeron convertiendo números de tarjetas de débido robadas obtenidos por un aparato para obtener información electrónica (skimming device en inglés) a efectivo, y Fraude por Reembolso de Identidad Robada (SIRF por sus siglas en inglés) por medio de correo del Servicio Postal de los Estados Unidos. Su raqueterismo envolvió fraude por correo, soborno de un oficial público, fraude por transmisión electrónico, fraude de documentos, fraude por aparato para obtener información electrónica, lavado de dinero, y atentar asesinato.
Durante el testimonio se descubrió que cuando la empresa criminal fue conminada, Onyeri respondió con violencia. La noche del 5° de noviembre, 2015, Onyeri atentó de asesinar la Juez de la Corte Distrito del Estado Julie Kocurek, quien Onyeri opinaba que lo iba condenar a prisión, y disparó mientras la Juez estaba sentada en su coche fuera de su casa en Austin. Resultó que Kocurek sufrió lesiones corporales serios por medio de los disparos múltipos y la mentralla que resultó.
El testimonio también resultó que en septiembre 2016, Onyeri atentó de contactar seis testigos por medio de contrabandear una nota fuera de la cárcel del Condado de Travis y corruptamente inducir los de no hablar con los investigadores sobre las actas criminales de Onyeri en éste caso.
“La reacción de los autoridades de la ley a éste malvado a sido ejemplar. La investigación fue infatigable y meticuloso. El Abogado de los Estados Unidos y la Abogada del Condado de Travis juntamente despacharon los recursos necesarios para obtener el enjuiciamiento exitoso,” dijo Margaret Moore la Abogada del Condado de Travis.
“La decisión de hoy debe de mandar un mensaje claro a los que amenazan, dañan o quitan la vida de los miembros del tribunal – no escaparan la consecuencias de sus acciones. Justicia se servirá y va ser responsable,” dijo Christopher Combes, Agente Especial en Cargo del FBI. “Fue un honor y privilegio de trabajar con el Departamento de Policía de Austin, y nuestros socios autoridades de ley, para obtener justicia para una jurista valiente quien ha dedicado su vida a servir el público cual vida fue cambiada por las acciones violentas y descaradas de parte del Demandado.”
“La organización criminal del Chinene Onyeri comitió esquemas de fraude por razón de su codicia insaciable. Éste juicio expone el desprecio de vida del Demandado por atentar de asesinar un Juez de la Corte del Distrito. La condena es demostrativa del compromiso del IRS-CI de apoyar nuestros socios de las agencias de leyes en hacer responsable las organizaciones criminales por sus acciones,” dijo Andy Tsui, Interismo Agente Especial en Cargo de la Oficina de San Antonio.
“Ésta investigación es un ejemplo excelente de la asociación de las agencias de leyes local, del estado, y federal trabajando juntos para enjuiciar varias violaciones de estatuas federales. Encomiendo el trabajo duro y las horas trabajadas por todas las agencias cual resultó justicia para los víctimas,” dijo Adrian Gonzalez, Inspector en Cargo de USPIS.
“Le agradezco nuestros socios local, del estado y federal de llevar a cabo a éste caso. La asociación que tenemos con nuestros socios fue crucial a la investigación. Me gustaría dar las gracias al Grupo de Homicidio y Casos Sin Resolución del Departamento de Policía de Austin por su trabajo y dedicación para obtener justicia para la Juez Julie Kocurek y la familia Kocurek quienes vidas siempre han cambiado por éste acto insensatez,” dijo El Jefe de Policía Brian Manley.
“Estoy argullosa ver justicia contra Onyeri y les felicito los fiscales federales y del estado en un trabajo buen hecho. Le deseo a Juez Kocurek todo lo mejor mientras continua recobrar su salud. La Oficina del Alguacil de Policía del Condado de Travis tuvo el honor de proveerle seguridad y también a su familia y participó con los esfuerzos de las agencias para investigar y enjuiciar éste caso,” dijo la Alguacil Sally Hernandez.
Burgin y Scott se declararon culpable antes de la selección del tribunal de jurados. Burgin y Scott se declararon culpable del cargo de conspiración RICO. Los dos permanecen en custodia federal mientas esperan su audencia para recibir su condena, cual no se ha citada. Ohneri, permanece en custodia federal. Su audencia para recibir su condena frente el Juez Lee Yeakel en Austin está citada para las 9:00 de la mañana el 17 de agosto, 2018.
Las agencias que investigaron éste caso: Oficina de Investigaciones Federales (FBI, por sus siglas en inglés), Servicio de Inspección Postal de los Estados Unidos (USPIS, por sus siglas en inglés), Servicio Secreto de los Estados Unidos (SS, por sus siglas en inglés), el Departamento de Policía de Austin (APD, por sus siglas en inglés) y la Oficina del Abogado del Contado de Travis (DA, por sus siglas en inglés). Las agencias que asistieron durante la investigación: La Oficina del Abogado de Lake Charles, Louisiana, La Oficina del Condado de Fort Bend, La Oficina del Abogado de los Estados Unidos del Distrito Sur de Tejas y del Distrito Este de Louisiana; el Servicio de la Guardia de los Estados Unidos (USMS, por sus siglas en inglés), el Alguacil del Condado de Travis (TCSO, por sus siglas en inglés); y el Departamento de Policía de Houston (HPD, por sus iniciales en inglés). Abogado Asistente de los Estados Unidos Gregg Sofer y Abogada Asistente Especial de los Estados Unidos Dayna L. Blaze de la Oficina del Abogado del Condado de Travis son los fiscales de parte del gobierno.
Hiram Man Sentenced to More than Eight Years for Being a Felon in Possession of FirearmsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Michael Gaudette, 36, of Hiram, Maine was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 100 months in prison and three years of supervised release for being a felon in possession of a firearm. Gaudette pled guilty on November 28, 2017.
According to court records, on May 10, 2017, the Maine State Police executed a search warrant at a property in Hiram where Gaudette resided and seized three assault rifles, a shotgun and a handgun. Three of the firearms were loaded. Gaudette was prohibited from possessing firearms because of prior felony convictions for attempted robbery, burglary, escape, possession of narcotics and conspiring to deliver articles to prisoners.
The investigation was conducted by the Maine State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 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.
Helena Man Sentenced to Federal Prison for Firearm OffenseRead the Press Release
HELENA – William Paul Cox, Jr, a 35-year-old Helena resident, was sentenced today to 37 months in prison followed by three years supervised release after pleading guilty to felon in possession of a firearm and ammunition on November 17, 2017. U.S. District Judge Charles C. Lovell handed down the sentence.
On April 4, 2016, Cox was arrested in Helena, Montana, on outstanding warrants. The Missouri River Drug Task Force searched Cox’s vehicle pursuant to a warrant. They found a loaded .40 caliber, semi-automatic pistol in the suburban. Two days later, Cox asked a friend to get a green bag out of the back of the suburban because it contained personal items. He told the friend to leave the red bag in the speaker box because it contained a “boom boom.” Cox described the location MRDTF where they found the loaded .40 caliber pistol. Cox was previously convicted of being a felon in possession of a firearm and sentenced to 40 months imprisonment in 2005.
The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Missouri River Drug Task Force and Bureau of Alcohol, Tobacco, Firearms, and Explosives.
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.
Hartford Grocery Store Owner Sentenced to 9 Years in Federal Prison for Trafficking HeroinRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that JOHNNY BELTRE, 35, a citizen of the Dominican Republic last residing in Cromwell, was sentenced yesterday by U.S. District Judge Vanessa L. Bryant in Hartford to 108 months of imprisonment, followed by three years of supervised release, for distributing heroin.
According to court documents and statements made in court, BELTRE trafficked heroin from his business, the Beltre Family Grocery store, located at 955 Broad Street in Hartford. Between July 2015 and January 2016, the DEA’s Hartford Task Force made seven controlled purchases of heroin from BELTRE and his associates. For each purchase, an individual arranged to purchase heroin from BELTRE through telephone calls, text messages or in-person meetings. The individual then travelled to Beltre Family Grocery and provided BELTRE with money. BELTRE then sent the purchaser to the nearby residences of two co-conspirators, Elvis de los Santos and Domingo de los Santos, to obtain the heroin.
On February 22, 2016, investigators in Connecticut learned that BELTRE and two other associates were arrested in the Bronx, N.Y., after BELTRE and his associates provided a courier with a bag containing approximately $500,000 in exchange for 20 kilograms of heroin. On that date, a search of BELTRE’s residence in Cromwell revealed $433,577 in cash; a search of Elvis de los Santos’s residence revealed two bags of raw heroin, cutting agents, a digital scale and baggies, and a search of Domingo de los Santos’s residence revealed a bag of heroin, a bag of cocaine, cutting agents, a kilogram press, pieces of an unassembled kilogram press, baggies, scales, gloves, a vacuum sealer and $6,000 in cash.
BELTRE has been detained since his arrest. On January 22, 2018, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute heroin.
Elvis and Domingo de los Santos previously pleaded guilty to related charges and were sentenced to prison terms of 18 months and 20 months, respectively.
BELTRE faces immigration proceedings when he completes his prison term.
The DEA’s Hartford Task Force includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments.
This case was prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.
Harrison County man sentenced for firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – David Leon Turner, of Clarksburg, West Virginia, was sentenced today to 41 months incarceration for a firearms charge, United States Attorney Bill Powell announced.
Turner, age 30, pled guilty to one count of “Unlawful Possession of a Firearm” in December 2017. Turner, having previously being convicted of three felonies, is also accused of possessing a 9mm caliber pistol. The crime is alleged to have occurred in Harrison County in May 2017.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Senior U.S. District Judge Irene M. Keeley presided.Harrisburg Man Indicted on Drug Trafficking and Firearms ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gamarius Jones, age 23, of Harrisburg, Pennsylvania, was indicted on April 25, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Jones possessed with the intent to distribute crack cocaine on December 5, 12 and 21, 2017, in Dauphin County. The indictment also alleges that on February 12, 2018, in Dauphin County, Jones unlawfully possessed a .45 caliber Springfield handgun as a previously convicted felon.
The matter was investigated by the Harrisburg Police Department, the Office of Attorney General, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Scott R. Ford is prosecuting 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.
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 for this offense is up to life 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.
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HOPE Clinic Physician Pleads Guilty to Money Laundering ChargeRead the Press Release
BECKLEY, W.Va. – A Beckley area physician, Dr. John Pellegrini, D.O., 64, of Huntington, West Virginia, pled guilty today to a conspiracy to commit money laundering related to the promotion of the illegal distribution of Schedule II controlled substances, outside the usual course of professional practice and not for a legitimate medical purpose, announced United States Attorney Mike Stuart.
Stuart commended the investigation conducted by agents with the:
- U.S. Department of Health and Human Services, OIG
- Internal Revenue Service, Criminal Investigations
- Food and Drug Administration – Office of Criminal Investigations (OCI)
- Federal Bureau of Investigation
- West Virginia State Police
- Metropolitan Drug Enforcement Network Team (MDENT)
- Beckley Police Department
- Kentucky State Police
- Harrison County (KY) Sheriff’s Department
- Appalachia HIDTA
- Drug Enforcement Administration
“Physicians and pharmacies that exploit addiction, the weak and the vulnerable for personal greed must be held accountable,” said United States Attorney Mike Stuart. “Every physician takes the Hippocratic Oath promising, “First, do no harm.” Tragically, physicians like Pellegrini either forgot or chose to ignore that oath in favor of greed, profits, and easy cash. The opiate crisis has claimed too many of our good citizens because of doctors like Pellegrini. We will all meet our maker someday and no one, including Pellegrini, can escape the ultimate judgment. It is a tragedy on many, many levels.”
Pellegrini admitted that he worked at the Beckley location of the HOPE Clinic from November 2010 through October 31, 2012, which was owned by another physician and managed by a company called PPPFD, Inc.. He also admitted that many of the prescriptions that he wrote for HOPE Clinic customers were illegal, as they were written outside the usual course of professional practice and not for a legitimate medical purpose. He further admitted that he understood from his interactions and conversations with other unnamed co-conspirators that the main purpose of the HOPE Clinic was to provide opioid prescriptions on a monthly basis to customers visiting HOPE Clinic. Pellegrini admitted that his interactions and examinations of customers were brief, cursory, or non-existent and generally resulted in a monthly prescription for opioids, which were typically oxycodone and oxycodone-based narcotics such as Roxicodone, powerful pain medications. Pellegrini admitted that he wrote these prescriptions at times even after customers’ screened positive for controlled substances other than what the customer was prescribed. Pellegrini further admitted that, as he and his co-conspirators knew, he did not create any meaningful treatment plans for his customers at HOPE Clinic and that he did not have any specialized training in pain management. Pellegrini further admitted that the clinic manager instructed and encouraged him to write opioid prescriptions and he complied.
Pellegrini also admitted that HOPE Clinic charged customers at least $160 per monthly visit, even when the customer did not see a doctor. He further admitted that he knew that some of the funds deposited into the bank account of HOPE Clinic were the criminally derived proceeds of distributing controlled substance without a medical legitimate purpose, as he knew that HOPE Clinic and PPPFD received funds from customers in exchange for the illegal prescriptions he wrote. Pellegrini further admitted that he received bonuses from HOPE Clinic, through the staffing service that employed him, based on the number of paying customers visiting the clinic, and those bonuses encouraged and promoted him to write even more illegal prescriptions for highly-addictive controlled substances because as the number of customers went up, the amount of his bonus went up.
Pellegrini admitted that during his work at the HOPE Clinic, he wrote at least 98 prescriptions for controlled substances outside the usual course of professional practice and not for a legitimate medical purpose.
Pellegrini faces up to 20 years when he is sentenced on August 8, 2018.
This case was brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Gloucester Woman Sentenced for Role in Counterfeit Steroid Trafficking SchemeRead the Press Release
BOSTON – A Gloucester woman was sentenced yesterday in federal court in Boston for her role in a conspiracy to traffic steroids and launder money.
Melissa Sclafani, 30, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to one year and one day in prison and two years of supervised release. In June 2017, Sclafani pleaded guilty to one count of conspiracy with intent to distribute and to distribute counterfeit steroids and one count of conspiracy to launder money. On April 12, 2017, Sclafani and five others were charged by criminal complaint.
From at least February 2016 until April 12, 2017, Sclafani conspired with others to manufacture steroid products, market them as “Onyx” steroids, and sell them to customers across the United States using email and social media platforms. Customers paid for the steroids via money remitters, such as Western Union and MoneyGram, and members of the conspiracy used false identifications and multiple remitter locations to pick up the steroid proceeds.
Sclafani obtained materials and supplies to manufacture the counterfeit steroids and served as the corporate secretary of Wicked Tan LLC, a tanning business in Beverly that was owned by two co-conspirators. Sclafani assisted members of the conspiracy in laundering proceeds from the sale of counterfeit steroids through the business.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Jeffrey Ebersole, Special Agent in Charge of the Food and Drug Administration, Office of Criminal investigation, New York Field Office, made the announcement today. Assistant U.S. Attorneys Amy Harman Burkart and David J. D’Addio of Lelling’s Cybercrime Unit prosecuted the case.
Georgia Supplier of Methamphetamine in Western North Carolina Is Sentenced to More Than 21 YearsRead the Press Release
ASHEVILLE, N.C. – Today, U.S. District Judge Martin Reidinger sentenced Richard Arlee Champion, 31, of Atlanta, Georgia, to 262 months in prison, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina. Judge Reidinger also ordered Champion to serve 10 years under court supervision after he is released from prison.
According to filed court documents and court proceedings, Champion and his codefendant, Marissa Jade Burt, 34, of Whittier, N.C. were involved in a drug conspiracy that trafficked large amounts of methamphetamine to the Eastern Band of Cherokee Indians, and Jackson and Swain Counties. Court records show that Champion was the main source of supply for Burt and his other for codefendants: Jordan Heath Oocumma, 31, of Cherokee, N.C., John Allen Wise, 39, of Franklin, N.C., Jillian Monike Swimmer, 31, of Cherokee, and Anthony Michael Dealto, 32, of Bryson City, N.C. According to court records, Burt travelled regularly to Atlanta to pick up the methamphetamine, which she then distributed to her co-conspirators. A federal jury convicted Champion in January 2018 of conspiracy to distribute and aiding and abetting to possess with intent to distribute.
In sentencing Champion, Judge Reidinger said being a supplier of methamphetamine comes with heavy penalties.
U.S. Attorney Murray thanked the Drug Enforcement Administration (DEA), the Bureau of Indians Affairs (BIA), the Cherokee-Indian Police Department, the Swain County Sheriff’s Office, and the North Carolina State Highway Patrol for their investigation of the case.
Assistant U.S. Attorney Christopher Hess prosecuted the case.
Gaffney Man Guilty of Stealing $220,000 of Government FundsRead the Press Release
Columbia, South Carolina –------- United States Attorney Beth Drake announced today that James Littlejohn, age 66, of Gaffney, South Carolina, pled guilty on April 24, 2018, to two counts of theft of United States government funds in violation of Title 18, United States Code, Section 641. The plea was taken by Senior United States District Judge Henry M. Herlong, Jr., who will sentence Littlejohn at a later date. The possible sentence on each count is imprisonment for up to 10 years and a fine of $250,000.00.
At the guilty plea hearing the Court was advised of the following facts. In February 2013 the Internal Revenue Service received two Form 1040 Individual Income Tax Returns bearing Mr. Littlejohn’s name, address and Social Security Number. Each showed a large income with various deductions entitling Mr. Littlejohn to a refund for tax year 2011 of $98,261.44 and a refund for tax year 2012 of $122,696.56. Two checks in these amounts were sent to Mr. Littlejohn who cashed same and converted the funds to his own use. It was later learned that the Form 1040’s were bogus and that Mr. Littlejohn was not entitled to the claimed refunds.
United States Attorney Drake stated that the case had been investigated and prosecuted by Assistant United States Attorney Jaime Raich of the Southern District of Florida and Assistant United States Attorney David C. Stephens of the District of South Carolina.
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Ft. Worth, Texas, Couple Charged with Forced Labor of Domestic ServantRead the Press Release
Defendants compelled the unpaid domestic labor and services of a young, West African girl in their home for over 16 years until neighbors helped her escape
Mohamed Toure, 57, and Denise Cros-Toure, 57, of Ft. Worth, Texas, appeared today in federal court in the Northern District of Texas on a criminal complaint charging them with forced labor, announced Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division, U.S. Attorney Erin Nealy Cox of the Northern District of Texas, and Special Agent in Charge Michael V. Perkins of the U.S. Department of State, Diplomatic Security Service, Houston Field Office.
According to the affidavit filed with the complaint, the defendants and others arranged for the victim, who did not speak English, to travel alone from her village in the Republic of Guinea, in West Africa, to Southlake, Texas, in January 2000 to work for the defendants in their home. The victim’s Guinean passport indicated that she was five years old at the time. Throughout the years, until the victim escaped in August 2016, the defendants forced the victim to labor in their home for long hours without pay. The defendants required her to cook, clean, do the laundry, perform yardwork, and paint, as well as care for their five children. Although the victim was close in age to the children, the defendants denied her access to schooling and the other opportunities afforded to their children.
As part of their coercive scheme to compel the victim’s labor, the defendants took her documents and caused her to remain unlawfully in the United States after her visa expired. They further isolated her from her family and others and emotionally and physically abused her. Eventually, in August 2016, the victim escaped the defendants with the help of several former neighbors.
A complaint is a written statement of the essential facts of the offense charged and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The government has 30 days to present the matter to a grand jury for indictment. The maximum penalty for the offense of forced labor is 20 years in federal prison.
The case is being investigated by Diplomatic Security Service, Houston Field Office. It is being prosecuted by Trial Attorneys Rebekah Bailey and William Nolan of the Civil Rights Division’s Criminal Section and Human Trafficking Prosecution Unit with assistance from Assistant U.S. Attorneys Alex Lewis and Chris Wolfe for the Northern District of Texas.
Former Virginia High School Science Teacher Pleads Guilty to Producing Child PornographyRead the Press Release
A Charlottesville, Virginia man pleaded guilty today to a child pornography charge, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Thomas T. Cullen of the Western District of Virginia.
Richard Alan Wellbeloved-Stone, 57, pleaded guilty in the U.S. District Court for the Western District of Virginia to one count of production of child pornography.
Wellbeloved-Stone, a former high school teacher in Charlottesville, was discovered by law enforcement after chatting online with an undercover agent from the United Kingdom about sexually abusing a young child. A search warrant executed at Wellbeloved-Stone’s home recovered several images of child pornography produced by Wellbeloved-Stone of at least two young minor victims.
“The horrific nature of Richard Wellbeloved-Stone’s production of images depicting the sexual abuse of children is only compounded by the fact that he held a position of great societal trust and admiration as a teacher,” said Acting Assistant Attorney General Cronan. “The Criminal Division’s Child Exploitation and Obscenity Section will continue to work with its law enforcement partners to aggressively investigate and prosecute persons who exploit minors for sexual purposes and use technology to further victimize these children.”
“The defendant, who was entrusted by the community to protect our children, violated that sacred trust by committing these awful acts,” said U.S. Attorney Cullen. “I am thankful to those who stopped him from committing further crimes. As this case demonstrates, we will aggressively target those who prey on children.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the Charlottesville Police Department, the Virginia State Police and the Albemarle County Police Department.
This case is being prosecuted by Trial Attorney Leslie Williams Fisher of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Nancy Healey.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Former Head of HSBC’s Global Foreign Exchange Cash-Trading Sentenced to Prison for Multimillion-Dollar Front-Running SchemeRead the Press Release
The former head of global foreign exchange cash trading at HSBC Bank plc, a subsidiary of HSBC Holdings plc (collectively HSBC), was sentenced to prison today for his role defrauding an HSBC client through a scheme commonly referred to as “front running.” The Court remanded Johnson to the custody of the Bureau of Prisons.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Richard P. Donoghue of the Eastern District of New York, Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation (FDIC) and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office made the announcement.
Mark Johnson, 51, a United Kingdom citizen, was sentenced to serve 24 months in prison by U.S. Distict Judge Nicholas Garaufis of the Eastern District of New York. In addition, Judge Garaufis ordered that the defendant pay a fine of $300,000. A federal jury convicted the defendant on Oct. 23, 2017, following a four-week trial, of one count of wire fraud conspiracy and eight counts of wire fraud.
“Mark Johnson, an executive at one of the world’s largest financial institutions, cheated his client out of millions and now he’s going to prison for it,” said Acting Assistant Attorney General Cronan. “This sentencing should serve as a warning to those who engage in crooked financial schemes: The Justice Department’s Criminal Division and our law enforcement partners are watching. We are committed to protecting our financial system from harm and we will hold corporate executives accountable for their crimes.”
“Mark Johnson exploited confidential information and betrayed a client in order to generate profits for HSBC and enrich himself,” stated United States Attorney Donoghue. “Johnson has been held accountable for his crimes and today’s sentence should serve as a deterrent to fraudsters seeking to cheat their victims by manipulating important benchmarks, such as the FX spot fixings. This Office, together with our law enforcement partners, is committed to bringing to justice those who undermine public confidence in the operation of the financial markets through such schemes.”
“Today’s sentencing holds Mr. Johnson accountable for his egregious conduct to improperly manipulate the foreign currency market, misuse his position, and breach the customers’ trust,” said FDIC Inspector General Lerner. “We are dedicated to working with our law enforcement partners in order to combat crimes that undermine the integrity of financial institutions and bring culpable bank insiders to justice.”
“Leaders of financial service organizations such as HSBC are held to the utmost standard of integrity, which Mark Johnson failed to uphold,” said Assistant Director in Charge McNamara. “The FBI will not falter in assuring that justice will be brought to those that use company finances for their own personal gain.”
According to the evidence presented at trial, in November and December 2011, Johnson cheated an HSBC client out of millions of dollars by misusing information provided to him by that client, which had hired HSBC to execute a foreign exchange transaction related to a planned sale of one of the client’s foreign subsidiaries. HSBC was selected to execute the foreign exchange transaction – which was going to require converting approximately $3.5 billion in sales proceeds into British Pound Sterling – in October 2011. HSBC’s agreement with the client required the bank to keep the details of the client’s planned transaction confidential. Instead, Johnson misused confidential information he received about the client’s transaction to cheat the client out of millions of dollars, the evidence showed.
Shortly before the transaction, Johnson and other traders acting under his direction purchased Pounds Sterling for their own benefit in their HSBC “proprietary” accounts. Johnson then caused the $3.5 billion foreign exchange transaction to be executed in a manner that was designed to “ramp,” or drive up, the price of the Pound Sterling, benefiting their proprietary positions and HSBC at the expense of their client. As part of the scheme, Johnson and his co-conspirators also made misrepresentations to the client about the transaction that concealed the self-serving nature of their actions. The evidence showed that in total, Johnson and the traders he supervised generated HSBC profits of roughly $7.3 million from the execution of the transaction, including profits generated from the front-running conduct.
The investigation was conducted by the FDIC’s Office of Inspector General and the FBI’s Washington Field Office. Assistant Chiefs Carol L. Sipperly and Brian R. Young and Trial Attorney Blake Goebel of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Lauren Elbert of the Eastern District of New York’s Business and Securities Fraud Section are prosecuting the case.
The Fraud Section plays a pivotal role in the Department of Justice’s fight against white collar crime around the country, focusing on cases of national significance and international scope. Fraud Section prosecutors have vast experience in investigating and prosecuting securities and financial fraud, health care fraud and foreign corruption. The Section is routinely the national leader in large, sophisticated white collar investigations and prosecutions, frequently in partnership with U.S. Attorneys’ Offices and in coordination with foreign law enforcement agencies. Learn more about the Criminal Division’s Fraud Section at: https://www.justice.gov/criminal-fraud.
Former Head of HSBC’s Global Foreign Exchange Cash Trading Sentenced to 24 Months’ Imprisonment for Front-Running SchemeRead the Press Release
Earlier today, in federal court in Brooklyn, Mark Johnson, the former head of global foreign exchange cash trading at HSBC Bank plc, a subsidiary of HSBC Holdings plc (collectively HSBC), was sentenced by United States District Judge Nicholas G. Garaufis to 24 months’ imprisonment for committing wire fraud and wire fraud conspiracy, to be followed by five years’ supervised release. The Court also ordered Johnson to pay a $300,000 fine. Johnson was convicted by a federal jury in October 2017, following a four-week trial, of one count of wire fraud conspiracy and eight counts of wire fraud. The Court remanded Johnson to the custody of the Bureau of Prisons.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation (FDIC) and Assistant Director-in-Charge Nancy McNamara, Federal Bureau of Investigation, Washington Field Office (FBI), announced the sentence.
“Mark Johnson exploited confidential information and betrayed a client in order to generate profits for HSBC and enrich himself,” stated United States Attorney Donoghue. “Johnson has been held accountable for his crimes and today’s sentence should serve as a deterrent to fraudsters seeking to cheat their victims by manipulating important benchmarks, such as the FX spot fixings. This Office, together with our law enforcement partners, is committed to bringing to justice those who undermine public confidence in the operation of the financial markets through such schemes.”
“Mark Johnson, an executive at one of the world’s largest financial institutions, cheated his client out of millions and now he’s going to prison for it,” stated Acting Assistant Attorney General Cronan. “This sentencing should serve as a warning to those who engage in crooked financial schemes: The Justice Department’s Criminal Division and our law enforcement partners are watching. We are committed to protecting our financial system from harm and we will hold corporate executives accountable for their crimes.”
“Today’s sentencing holds Mr. Johnson accountable for his egregious conduct to improperly manipulate the foreign currency market, misuse his position, and breach the customers’ trust,” stated FDIC Inspector General Lerner. “We are dedicated to working with our law enforcement partners in order to combat crimes that undermine the integrity of financial institutions and bring culpable bank insiders to justice.”
“Leaders of financial service organizations such as HSBC are held to the utmost standard of integrity, which Mark Johnson failed to uphold,” stated FBI Assistant Director-in-Charge McNamara. “The FBI will not falter in assuring that justice will be brought to those that use company finances for their own personal gain.”
As established at trial, HSBC was selected in 2011 to execute a foreign exchange transaction on behalf of a client, which would require converting approximately $3.5 billion into British Pounds Sterling. HSBC’s agreement with the client required the bank to keep the details of the planned transaction confidential. Instead, Johnson misused that confidential information, defrauding the client.
Shortly before the transaction, which occurred in December 2011, Johnson and other traders acting under his direction purchased Pounds Sterling for HSBC’s benefit in their HSBC “proprietary” accounts. Johnson then caused the $3.5 billion foreign exchange transaction to be executed in a manner designed to “ramp,” or drive up, the price of the Pounds Sterling, benefiting their proprietary positions and HSBC at the expense of their client.
As part of their scheme, Johnson and his co-conspirators made misrepresentations to the client about the transaction that concealed the self-serving nature of their actions. In total, Johnson and the traders he supervised generated profits for HSBC of roughly $7.3 million from the execution of the transaction.
The investigation was conducted by the FDIC’s Office of Inspector General and the FBI’s Washington Field Office. Assistant Chiefs Carol Sipperly and Brian Young and Trial Attorney Blake Goebel of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Lauren Elbert of the Eastern District of New York’s Business and Securities Fraud Section are prosecuting the case.
The Defendant:
Mark Johnson
Age: 51
Residence: United KingdomE.D.N.Y. Docket No. 16-CR-457
Former Employee of U.S. Government Contractor in Afghanistan Pleads Guilty to Foreign Transportation of Approximately $104,000 in Stolen MoneyRead the Press Release
A former employee of a U.S. government contractor in Afghanistan pleaded guilty today to foreign transportation of approximately $104,000 in stolen money. The former employee admitted stealing the money from another employee who received the money in illegal kickbacks from an Afghan subcontractor in return for that employee’s assistance in obtaining subcontracts on a U.S. government contract.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Benjamin C. Glassman of the Southern District of Ohio, Special Agent in Charge John Khin of the Defense Criminal Investigative Service’s (DCIS) Southeast Field Office-Atlanta Resident Agency, Special Inspector General for Afghanistan Reconstruction (SIGAR) John F. Sopko and Director Frank Robey of the U.S. Army Criminal Investigation Command’s (CID) Major Procurement Fraud Unit (MPFU) made the announcement.
Frantz Florville, 33, of Columbus, Ohio, was charged in an information filed on April 5, in the Southern District of Ohio with one count of foreign transportation of stolen money. He pleaded guilty to the information before U.S. Chief District Judge Edmund A. Sargus Jr. of the Southern District of Ohio, in Columbus. A sentencing date has not been scheduled.
As part of his plea, Florville admitted that he worked in Afghanistan as a project specialist for an American defense contractor in Kabul, Afghanistan (the Prime Contractor). As part of his duties, Florville worked for the Prime Contractor on an approximately $8 million contract with the U.S. Department of Defense.
Florville admitted that in the spring of 2016, he became suspicious that another employee of the Prime Contractor, Nebraska McAlpine, was taking illegal kickbacks from an Afghan contractor in return for McAlpine’s assistance in the Afghan contractor’s companies seeking and acquiring subcontracts under the Department of Defense contract. As a result, Florville admittedly took steps to record meetings between the Afghan contractor and McAlpine in May, June and July 2016 when those two met alone in McAlpine’s office at the secure facility in which the Prime Contractor’s employees lived. Those recordings confirmed for Florville that McAlpine was taking kickbacks from the Afghan contractor.
After the last recorded meeting and the departure of McAlpine and the Afghan contractor from McAlpine’s office, Florville admittedly went into McAlpine’s office, found a bag with $108,000 in U.S. currency in it, and, without McAlpine’s permission, took it. Florville admitted that he took the bag back to his own office, hid it and later that day took the money and hid it in his residential unit at the secure facility.
Florville further admitted that on July 16, 2016, he used $25,000 from the $108,000 stolen money to purchase nine diamonds from a jewelry shop at the secure facility. On the following day, Florville flew from Afghanistan to Dubai, United Arab Emirates. For that flight, he admittedly hid about $79,000 of the stolen money in boots that he purchased and altered for that purpose. In Dubai, before boarding a flight to the Philippines on July 18, 2016, Florville admittedly transferred the money into his backpack for the second flight and took the diamonds with him on these flights. Florville admitted that thereafter, he and his wife used the cash and diamonds that he had brought from Afghanistan for their personal purposes in the Philippines, where Florville then lived.
McAlpine previously pleaded guilty in the Northern District of Georgia to seeking and receiving illegal kickbacks on a U.S. government contract. On Nov. 28, 2017, he was sentenced there to 21 months in prison.
This matter was investigated by DCIS, SIGAR and Army CID-MPFU. Trial Attorney Daniel Butler of the Criminal Division’s Fraud Section is prosecuting the case, with assistance from the U.S. Attorney’s Office for the Southern District of Ohio.
Former Charlottesville Teacher Pleads Guilty to Producing Child PornographyRead the Press Release
WASHINGTON – A Charlottesville, Virginia man pleaded guilty today to a child pornography charge, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Thomas T. Cullen of the Western District of Virginia.
Richard Alan Wellbeloved-Stone, 57, pleaded guilty in the U.S. District Court for the Western District of Virginia to one count of production of child pornography.
Wellbeloved-Stone, a former high school teacher in Charlottesville, was discovered by law enforcement after chatting online with an undercover agent from the United Kingdom about sexually abusing a young child. A search warrant executed at Wellbeloved-Stone’s home recovered several images of child pornography produced by Wellbeloved-Stone of at least two young minor victims.
“The horrific nature of Richard Wellbeloved-Stone’s production of images depicting the sexual abuse of children is only compounded by the fact that he held a position of great societal trust and admiration as a teacher,” said Acting Assistant Attorney General Cronan. “The Criminal Division’s Child Exploitation and Obscenity Section will continue to work with its law enforcement partners to aggressively investigate and prosecute persons who exploit minors for sexual purposes and use technology to further victimize these children.”
“The defendant, who was entrusted by the community to protect our children, violated that sacred trust by committing these awful acts,” said U.S. Attorney Cullen. “I am thankful to those who stopped him from committing further crimes. As this case demonstrates, we will aggressively target those who prey on children.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the Charlottesville Police Department, the Virginia State Police and the Albemarle County Police Department.
This case is being prosecuted by Trial Attorney Leslie Williams Fisher of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Nancy Healey.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Former Beck Group Construction Manager and 8 Others Charged with Embezzling $3.4 MillionRead the Press Release
HOUSTON – A total of nine people have been charged with wire fraud and money laundering in connection with a scheme to embezzle $3.4 from the Beck Group in Houston, announced U.S. Attorney Ryan K. Patrick.
A 24-count indictment was unsealed today against seven defendants charged for their roles in the scheme - Hannah Musleh, 49, and Akram Elias Musleh, 54, both of Houston; Collette Devoe Hines, 49, and Lanamasha Hampton, 42, both of Atlanta, Georgia; Janell Crosby Quant, 38, of Union City, Georgia; Heather Ashley Sowa, 31, of Denver, Colorado; and William Lewis Sutton Jr., 48, of Los Angeles, California. A criminal information charging Moses Said, 42, of Houston, was filed yesterday, while a criminal complaint was previously filed against Charles Lee Williams, 42, of Los Angeles.
As a construction manager with the Beck Group, Said was in charge of the Le Meridien Hotel Project in downtown Houston from 2016 to 2017, according to court records. Hampton, Quant, Hines, Sowa, Hannah Musleh, Akram Musleh, Sutton and Williams allegedly created shell companies in the scheme which submitted false invoices to the Beck Group for payment for construction products that were not provided and construction services that were not performed.
Said allegedly approved and submitted the false invoices for payment, causing the Beck Group to issue payments to the shell companies. Upon receipt of the monies, the other seven defendants allegedly paid some of the fraud proceeds to Said. They allegedly attempted to conceal and disguise the nature and origin of the proceeds by transferring them to other companies and individuals.
If convicted, all face up to 20 years in prison and a possible $6.8 million maximum fine.
The FBI conducted the investigation. Assistant U.S. Attorney Vernon Lewis is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is considered innocent until proven guilty in a court of law.###
Final Five Defendants in Methamphetamine Conspiracy SentencedRead the Press Release
Abingdon, VIRGINIA – The final five defendants convicted as part of a group that trafficked crystal methamphetamine into Southwest Virginia from sources in Tennessee and Kentucky were sentenced this week in federal court in Abingdon. United States Attorney Thomas T. Cullen and Virginia Attorney General Mark R. Herring made the announcement.
“Crystal methamphetamine is a highly addictive and dangerous drug,” U.S. Attorney Cullen said today. “Disrupting and reducing the flow of this deadly substance into the Commonwealth will make our communities safer.”
“My office has worked hard to collaborate with the U.S. Attorney’s Office for the Western District of Virginia and federal, state, and local law enforcement to crack down on those who transport dangerous drugs into Southwest Virginia for distribution,” Virginia Attorney General Herring said today. “We appreciate the hard work and dedication of our law enforcement partners and will continue to aggressively prosecute those who endanger the lives of our citizens.”
Rick Jeremy Sturgill, 41, of Jonesville, Va., was sentenced today to 228 months’ imprisonment. Sturgill previously pleaded guilty to one count of possession with the intent to distribute and distributing 50 grams or more of methamphetamine, maintaining a place for the purpose of distributing or using a controlled substance, and possession of a firearm in furtherance of a drug trafficking crime. Tony Lynn Ketron, 28, of Church Hill, Tn., was also sentenced today to 228 months’ imprisonment. Ketron previously pleaded guilty to conspiring to distribute 50 grams or more of methamphetamine, two counts of distributing methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a previously convicted felon.
On Wednesday, Jason Dale Moore, 36, of Jonesville, was sentenced to 72 months in prison for his role in the conspiracy. Earlier this week, William Benjamin Brewer, 36, of Jonesville, was sentenced to 30 months in prison and Kristina Burton, 44, of Jonesville, was sentenced to 37 months in prison. Moore, Brewer, and Burton each previously pleaded guilty to conspiring to possess with the intent to distribute and to distribute 5 grams or more of methamphetamine.
Earlier this month, two other members of the conspiracy were sentenced for their roles in the enterprise. Todd Conyer was sentenced to 60 months and Leslie Ann Clasby was sentenced to 84 months.
According to evidence presented at previous hearings by Virginia Assistant Attorney General and Special Assistant United States Attorney Suzanne Kerney-Quillen and Assistant United States Attorney Randy Ramseyer, the defendants engaged in a conspiracy to distribute and possess with the intent to distribute crystal ice methamphetamine from April 1, 2016, through November 7, 2016. Court documents demonstrated that the conspiracy involved over 50 grams of crystal ice methamphetamine, acquired from multiple sources in Tennessee and Kentucky, and several firearms. Numerous undercover purchases of crystal ice were conducted by the Southwest Virginia Drug Task Force at Sturgill’s residence in Jonesville, Virginia, where much of the activity concerning the conspiracy occurred.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Lee County Sheriff’s Office, the Scott County Sheriff’s Office, the Virginia State Police, the Jonesville Police Department, and the Southwest Virginia Drug Task Force investigated the case. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States against Leslie Ann Clasby. Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, prosecuted the case for the United States against all other defendants.
Felon Charged with Illegally Possessing Heroin, Guns and AmmunitionRead the Press Release
PITTSBURGH – A resident of the City of Pittsburgh and Detroit, Michigan, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal drug and firearms laws, United States Attorney Scott W. Brady announced today.
The three-count indictment, returned on April 25, named Jerome Wilburn, aka Jerome Hill, aka John Hill, aka Jerome Webb, aka Jerome Williams, aka Partello Road, age 53, as the sole defendant.
According to the Indictment, on March 22, 2018, Wilburn conspired with others to distribute and to possess with intent to distribute 100 grams or more of Heroin. The Indictment also alleges that on March 22, 2018, Wilburn possessed with intent to distribute 100 grams or more of Heroin. In addition, on that date, Wilburn possessed a 9 mm caliber semi-automatic Jiminez Arms pistol, a Hi Point Model C9 9 mm Serial No. P1790088, and ammunition, after having been convicted of a previous felony drug trafficking offense.
The defendant faces a maximum total penalty of not less than 10 years and up to life in prison, a fine of $8,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.
Assistant United States Attorney Ross E. Lenhardt is prosecuting this case on behalf of the government.
The Drug Enforcement Administration conducted the investigation leading to the Indictment in this case with valuable assistance from the Pennsylvania State Police. This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Federal grand jury indicts two for stealing $536,000 from children’s meal programRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced today that a federal grand jury returned charges against two Shreveport individuals who ran a nonprofit corporation for stealing more than $536,000 from a program meant to supply meals to children during the summer.
Lynn D. Cawthorne, 51, and Belena C. Turner, 46, both of Shreveport, are charged with one count of conspiracy to commit wire fraud and seven counts of wire fraud. According to the indictment, the Food and Nutrition Service is an agency of the U.S. Department of Agriculture, which administers the Child Nutrition Programs. The Child Nutrition Programs include the Summer Feeding Service Program (SFSP), which was established to ensure that children in low-income areas continue to receive nutritious meals when school is not in session during the summer.
United Citizens and Neighborhoods (UCAN) is a non-profit corporation that participated as a sponsor in the SFSP. Cawthorne is the president of UCAN, and Turner is the director, representing herself to be its executive director. Cawthorne Catering and Harvest Catering Inc. are businesses that allegedly provided catering services for UCAN. Beginning sometime in early 2011 and continuing until sometime in December 2015, the defendants fraudulently obtained more than $536,000 from the SFSP by engaging in numerous activities to defraud, included filing claims for reimbursement that greatly inflated the number of eligible meals provided, thus claiming more children were fed at UCAN sites than were actually fed. Also money was transferred to the catering companies and other entities so that the defendants could improperly use funds that were entrusted to UCAN for the SFSP.
The defendants face 20 years in prison, three years of supervised release, restitution and a $250,000 fine for each count.
The Louisiana State Inspector General, Caddo Parish Sheriff’s Office, FBI and the U.S. Department of Agriculture - Office of Inspector General investigated the case. First Assistant U.S. Attorney Alexander C. Van Hook and Assistant U.S. Attorney Tennille M. Gilreath are prosecuting the case.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Federal Inmate Pleads Guilty to Weapon ChargeRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that an inmate at the Federal Correctional Institution at Beckley pled guilty to possession of a weapon at the prison. Stuart praised the efforts of the Bureau of Prisons (BOP).
“My Office takes these offenses very seriously and works closely with BOP investigators to prosecute offenders to the fullest extent of the law,” said United States Attorney Mike Stuart.
Richard Ray Guerrero, 33, admitted that on June 30, 2017, he possessed a weapon which he made. It consisted of a belt attached to two combination locks. The weapon was seized from him by a Federal Bureau of Prisons staff member. Guerrero faces up to five years in prison, consecutive to the sentence he is now serving, when he is sentenced on August 8, 2018.
United States District Judge Irene C. Berger presided at the plea hearing. This case is being prosecuted by Assistant United States Attorney John File.
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Federal Grand Jury IndictmentsRead the Press Release
United States Attorney Beth Drake stated today that a Federal Grand Jury in Florence, South Carolina, returned Indictments against the following:
Horry County Man Indicted for Illegal Re-entry into the United States After Deportation. Domingo Alvarado-Gomez of Horry County, South Carolina, was charged in a single-count indictment with illegal re-entry into the United States after deportation, a violation of Title 8, United States Code, Section 1326(a). The maximum penalty Alvarado-Gomez could receive is two years imprisonment and a fine of $250,000.00.
The case was investigated by Immigration and Customs Enforcement-Enforcement Removal Operations. The case is assigned to Assistant United States Attorney A. Bradley Parham of the Florence office for prosecution.
The United States Attorney stated that all charges in these Indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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FBI Wiretap Results in Five-Year Sentence for Wilmington Drug DealerRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced today that Preston Stewart, a/k/a “Pusha,” 35, of Wilmington, was sentenced to five years’ incarceration by Chief U.S. District Judge Leonard P. Stark following convictions for two counts of possession with intent to distribute 500 grams or more of cocaine.
According to filings in the case and statements made in open court, Stewart purchased one kilogram of cocaine from a co-defendant in the fall of 2016. When the cocaine weighed less than expected, Stewart called back and complained. Search warrants executed later in the investigation found over 500 grams of cocaine in a residence tied to Stewart.
This case is the result of an investigation led by the FBI Delaware Violent Crime Safe Streets Task Force with assistance from the Wilmington Police Department and the Delaware Attorney General’s Office. The FBI Delaware Violent Crime Safe Streets Taskforce is a part of the New Castle County HIDTA. The Task Force is comprised of law enforcement officers from the Delaware State Police, Delaware Department Probation Parole, New Castle County Police Department, University of Delaware Police Department, and Wilmington Police Department. The case was prosecuted by Special Assistant U.S. Attorney Christopher L. de Barrena-Sarobe and Assistant U.S. Attorney Alexander S. Mackler.
Drug Enforcement Administration (DEA) to Hold 15th Prescription Drug Take-Back Day This SaturdayRead the Press Release
Memphis, TN – U.S. Attorney D. Michael Dunavant for the Western District of Tennessee will join the Drug Enforcement Administration on April 28, 2018 for its 15th Annual Prescription Drug Take-Back Day. The biannual event will be held from 10 a.m. to 2 p.m. at thousands of collection sites around the country, including here at Kroger, 7615 Highway 70 Bartlett, TN. This one-day event will make it convenient for the public to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.
Last October Americans turned in 456 tons (912,305 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. Overall, in its 14 previous Take-Back events, DEA and its partners have taken in over 8.1 million pounds, more than 4,508 tons of pills. The disposal service is free and anonymous, no questions asked.
U.S. Attorney D. Michael Dunavant said: "Addressing the opioid crisis in our communities requires a comprehensive approach which includes prevention, education, treatment, and enforcement. The DEA National Prescription Drug Take-Back event allows everyone to participate in prevention and education that promotes public safety, and I encourage all West Tennesseans to turn in your unused, unwanted, and expired medications. Together, we can prevent addiction, injury and death, and educate the public about the dangers of prescription drug abuse."
Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose. Some painkiller abusers move on to heroin: Four out of five new heroin users started with painkillers.
James Catalano, DEA, Memphis Resident Agent in Charge said, "DEA is committed to making our communities safer by raising public awareness about the dangers of prescription drug abuse. The Prescription Drug Take-Back program will allow Americans to properly and safely dispose of their prescription medication that could otherwise be abused for non-medical purposes. Simply turn in your unused and unneeded medication at any of the numerous designated locations throughout West Tennessee. This is just one example of how DEA is working hand-in-hand with its law enforcement and community partners in an effort to stem the tide of prescription opioid abuse."
For more information or to locate a collection site near you, go to the DEA Prescription Drug Take-Back Day web site at https://takebackday.dea.gov where you can search by zip code, city or state.
District Man Sentenced to Seven Years in Prison for Attacking Owner of Northwest Washington Convenience StoreRead the Press Release
WASHINGTON - Michael Jones, 45, of Washington, D.C., was sentenced today to seven years in prison for attacking and attempting to rob the owner of a market in Northwest Washington, while armed with a box-cutter, U.S. Attorney Jessie K. Liu announced.
Jones was found guilty by a jury in February 2018 of a charge of assault with intent to commit robbery while armed. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Todd E. Edelman to a 15-year term of incarceration, with all but seven years suspended on the condition that he successfully complete two years of supervised probation upon his release from prison.
According to the government’s evidence, the crime took place on Oct. 14, 2017, at approximately 10 p.m., at a convenience store in the 5500 block of Illinois Avenue NW. Jones came into the market and walked up to the store owner. He brandished a box-cutter, ejected a rusty blade, and demanded money. Fearing for the safety of himself and his pregnant fiancée who was in the store at the time, the owner pushed Jones. Jones then turned toward the store owner’s pregnant fiancée, who ran out of the store. Jones followed outside.
Witnesses followed Jones from a distance as they called 911. Soon after that, officers with the Metropolitan Police Department (MPD) stopped Jones, recovered a box-cutter, and arrested him. Jones has been in custody since his arrest.
In announcing the sentence, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department. She acknowledged the work of those who handled the case at the U.S. Attorney’s Office, including Assistant U.S. Attorneys Veronica Sanchez and Kacie Weston; Supervisory Paralegal Specialist Lynda Randolph; Paralegal Specialists Allison Daniels and Tierra Nanches, and Victim/Witness Advocate Diana Lim. Finally, she expressed appreciation for the work of Assistant U.S. Attorneys Matthew Kahn and Emile Thompson, who investigated and prosecuted the case.
District Man Pleads Guilty to Federal Firearm Offense for 2016 Attack on Postal Carrier in Northeast WashingtonRead the Press Release
WASHINGTON – Jerome A. Proctor, Jr., 24, of Washington, D.C., pled guilty today to discharging a firearm during an armed robbery of a United States Postal Service (USPS) Letter Carrier who was delivering mail in Northeast Washington, announced U.S. Attorney Jessie K. Liu, Inspector in Charge Robert B. Wemyss of the U.S. Postal Inspection Service, Washington Division, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Proctor pled guilty before the Honorable Christopher R. Cooper in the U.S. District Court for the District of Columbia, to using, carrying, and possessing a firearm during a crime of violence. Because the firearm was discharged during the commission of the offense, Proctor faces a mandatory 10 years of incarceration, which must run consecutive to any other sentence. The plea, which is contingent upon the Court’s approval, calls for an agreed-upon sentence of 10 years in prison. He is scheduled to be sentenced by Judge Cooper on July 17, 2018.
The government’s evidence established that on Nov. 26, 2016, at approximately 6 p.m., Proctor and an associate attacked the victim in the 2300 block of 2nd Street NE. The victim was completing mail deliveries on his route and Proctor brandished a black semi-automatic handgun and pointed it towards the letter carrier’s head. Proctor then kicked and pistol-whipped the victim while he was on the ground and his associate went through the victim’s pockets, taking the victim’s cell phone, personal keys, and wallet, containing identification and debit cards. Property of the U.S. Postal Service was also taken, including a mail satchel and scanner.
A vehicle drove up during the assault and robbery, at which point Proctor fired a single shot into the air in an attempt to scare off the driver of the vehicle. The driver of the vehicle heard the gunshot, and fearing for her safety, sped away, with the letter carrier chasing after the vehicle. Shortly after the assault and robbery, Proctor and his associate could be seen together on video footage from the Fashion Centre mall at Pentagon City in Arlington, Va., where Proctor’s associate attempted to use a debit card stolen from the letter carrier at the food court.
Proctor was arrested in December 2016 in Prince George’s County, Md. and he has been in custody ever since. He was indicted in this case in May 2017.
During the assault on the letter carrier, Proctor commented that the victim got “blood on his new Timberlands.” During the course of the investigation, the victim’s blood was identified on a stain on a pair of jeans recovered from the residence where Proctor was arrested.
At the time of his arrest in Maryland, Proctor was on probation in Maryland for a firearms conviction. Proctor’s probation was revoked by Maryland and he was re-sentenced to serve the three-year sentence that had previously been suspended. That sentence must run consecutive to the sentence in this case.
In announcing the plea, U.S. Attorney Liu, Inspector in Charge Wemyss, and Chief Newsham commended the work of the U.S. Postal Inspection Service and MPD officers in the Fifth District in quickly investigating and arresting Proctor. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Laura Crane of the Violent Crime and Narcotics Trafficking Section, Paralegal Specialist Rommel Pachoca, and Legal Assistant Peter Gaboton.
Defendants Apprehended in International Waters Plead Guilty to Intent to Distribute 720 Kilos of CocaineRead the Press Release
COLUMBUS, Ohio – All four defendants charged in a narcotics conspiracy case after being captured in international waters near the Galapagos Islands have pleaded guilty. The co-conspirators were transported to Columbus in September 2017 for federal prosecution after being apprehended with approximately 720 kilograms of cocaine.
The more than 1,584 pounds of cocaine has an approximate street value of $25 million in total.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA) and Commandant of the U.S. Coast Guard, Adm. Paul Zukunft announced the pleas.
According to the affidavit filed in support of the criminal complaint in this case, Ecuadorian nationals Hernan Emilio Caldas-Estupinan, Oscar Alipio Chila-Mendez, Carlos Alfredo Escobar-Estupinan and Mexican national Jesus Antonio Ramos-Chirino were detected in a dual engine speed boat on August 18 northwest of the Galapagos Islands in the Pacific Ocean.
The United States Coast Guard cutter James was dispatched to interdict the vessel in international waters and conduct a Right of Visit boarding. The watercraft had no flag flown, no registration documents, no registration number, homeport or name on the hull of the vessel, no identification of a sailing master and no claim of nationality for the vessel.
As part of its interdiction efforts, the James launched a helicopter and two patrol craft to approach the boat. When the defendants detected the helicopter and patrol craft, they began to jettison numerous packages from the vessel while attempting to flee from the helicopter.
The Coast Guard helicopter fired warning shots in an attempt to halt the flight, and when those warning shots went unheeded, the helicopter employed disabling fire. Once the vessel had been disabled, one of the patrol craft launched from the James took control of the vessel.
Coast Guard personnel collected the 25 packages that had been thrown from the boat and discovered that they contained approximately 720 kilograms of cocaine.
Each of the four defendants pleaded guilty to conspiracy to possess with intent to distribute five kilograms of more of cocaine while on board a vessel subject to the jurisdiction of the United States, a crime punishable by 10 years to life in prison.
U.S. Attorney Glassman commended the investigation of this case by the DEA and United States Coast Guard, as well as Assistant United States Attorneys David DeVillers and Jonathan Grey, who are prosecuting the case.
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David A. Hickman Sentenced to 20 Years in Federal Prison for Using Fire and Explosives to Damage and Destroy Buildings Used in Interstate CommerceRead the Press Release
ALBUQUERQUE – U.S. District Judge Judith C. Herrera today sentenced David A. Hickman, 29, of Albuquerque, N.M., to 20 years of imprisonment for his conviction on five arson charges, which he pled guilty to under an agreement in which he also acknowledged committing or attempting to commit four additional arsons. Hickman will be on supervised release for three years after completing his prison sentence. Hickman also was ordered to pay $406,348 in restitution to Starbucks, one of the businesses that was a victim of Hickman’s criminal conduct. The Judge will enter orders of restitution as to the other victims at a later date.
Hickman’s sentence was announced by U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Michael Geier of the Albuquerque Police Department (APD), and Chief Paul Dow of the Albuquerque Fire Department.
“Today a dangerous individual who terrorized the residents of Albuquerque in November of 2016 through a series of deliberate and premeditated violent acts that targeted innocent victims was sentenced for the devastating damage and destruction he maliciously caused,” said U.S. Attorney John C. Anderson. “I commend the Albuquerque Fire and Police Departments for their heroic efforts to apprehend David Hickman and bring him to justice without the loss of human life, and the FBI and ATF for their steadfast commitment to working with their local partners to safeguard the Albuquerque community.”
“For several days in November 2016, when Albuquerque residents should have been enjoying the Thanksgiving holiday and time with their families, our city was hit by a wave of arsons that put a lot of people on edge,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “Federal, state, and local law enforcement agencies quickly sprang into action, working together to do what we do best: Protect the American people, and catch those who would do harm. The FBI is proud to have been a part of a team that didn't rest until the person responsible for these malicious fires was brought to justice.”
“I want to commend the efforts of the ATF agents and members of the ATF National Response Team who worked so tirelessly in bringing justice to the people of Albuquerque,” said Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the ATF. “I hope today’s sentence brings resolution not only to the victims but to the business owners that were equally affected.”
Chief Michael Geier of the Albuquerque Police Department added, “The cooperation between all partners in this case epitomizes our vision of ‘One Albuquerque,’ in which we all work together to make communities safe.”
“The arrest, prosecution, and sentencing was yet another example of a successful collaboration between our local, state, and federal agencies working together to protect our citizens and great city,” said Chief Paul Dow of the Albuquerque Fire Department.”
Hickman was arrested on Nov. 28, 2016, on a criminal complaint charging him with maliciously damaging and destroying, and attempting to damage and destroy, by means of fire, a building, an Old Navy store located in Albuquerque, used in interstate commerce on Nov. 26, 2016. APD officers arrested Hickman in the early hours of Nov. 26, 2016, and later transferred him into the custody of the FBI. Hickman was arrested shortly after an APD officer responded to the Pavilions at San Mateo shopping center after hearing “small explosions” coming from the area. When the officer arrived at the shopping center, he observed Hickman running into and out of the Old Navy store located in the shopping center, which was on fire. Hickman was indicted on one count of maliciously damaging a building, the Old Navy store, by fire on Dec. 20, 2016.
Hickman pled guilty on Oct. 11, 2017, to five counts of damaging and destroying buildings used in interstate commerce by fire or explosive. Although Hickman pled guilty to five arson counts, in his plea agreement, Hickman acknowledged igniting arson fires that damaged or destroyed nine businesses engaged in interstate commerce in Albuquerque between Nov. 16, 2016 and Nov. 26, 2106. In entering the guilty plea, Hickman admitted that, between Nov. 16, 2016 and Nov. 26, 2016, he ignited and attempted to ignite nine separate fires at the following businesses in Albuquerque:
- Starbucks Coffee Shop, located at 800 Broadway Blvd. NE;
- Project Defending Life, located at 625 San Mateo Blvd. NE;
- Carlisle Condominiums, located at 3600 Central Ave. SE;
- Starbucks Coffee Shop, located at 5301 Gibson Blvd. SE;
- Starbucks Coffee Shop, located at 4407 Lomas Blvd. NE;
- Starbucks Coffee Shop, located at 3400 Central Ave. SE;
- Barnes & Noble Bookstore, located at the Coronado Mall at 6600 Menaul Blvd. NE;
- Shred-it, located at 1415 Broadway Blvd. NE; and
- Old Navy, located at 4900 Cutler Ave. NE.
However, Hickman entered guilty pleas to committing five arsons that damaged and destroyed the following businesses:
- Igniting the fire at the Carlisle Condominiums located at 3600 Central Ave. SE, on Nov. 23, 2016, by using glass Mason jars filled with ignitable liquid. The Carlisle Condominiums were under construction and approximately 80% complete when Hickman broke into the construction site and ignited the fire. The damages caused by the fire exceeded $8 million.
- Setting the fire at the Starbucks Coffee Shop located at 5301 Gibson Blvd. SE, on Nov. 25, 2016, by firing a gun into a glass door so he could enter the shop, and throwing glass Mason jar devices into the building together with firecrackers and a kerosene container that would ignite and fuel the fire.
- Setting the fire at the Shred-it building located at 1415 Broadway Blvd NE, on Nov. 26, 2016, by firing a gun into a glass door so he could enter the building and use glass Mason jar devices and road flares to ignite fires in the building.
- Setting the fire at the Barnes & Noble bookstore building located at the Coronado Mall at 6600 Menaul Blvd. NE, on Nov. 26, 2016, by firing a gun into a glass door so he could enter the building and use glass Mason jar devices and a road flare to ignite fires in the store. The damages caused by the fire exceeded $800,000.
- Setting the fire at the Old Navy store located in Albuquerque on Nov. 26, 2016, by shooting several rounds from an assault rifle into the windows of the store so he could enter the store and ignite several fires inside the store using glass Mason jar devices with a road flare. The damages caused by the fire exceeded $690,000.
APD arrested Hickman shortly after he departed the Old Navy store. At the time of arrest, Hickman was wearing a holster with a handgun and had a flare in his belt. In Hickman’s vehicle, APD officers found an assault rifle, glass Mason jar devices, tape, ammunition, kerosene, tannerite, and motor oil. While executing a search warrant at Hickman’s residence, officers found similar materials.
Hickman has been in federal custody since his arrest.The Albuquerque Division of the FBI, the Albuquerque office of the ATF, ATF’s National Response Team, the Albuquerque Police Department, and the Albuquerque Fire Department conducted the investigation of this case. Assistant U.S. Attorney Fred J. Federici prosecuted the case.
DEA Prepares for Prescription Drug Takeback DayRead the Press Release
United States Attorney Peter E. Deegan, Jr. encourages the public to participate in the Drug Enforcement Administration’s National Prescription Drug Takeback Day. The biannual event will be held from 10 a.m. to 2 p.m. on Saturday, April 28, 2018, at thousands of collection sites around the country, including over 50 here in the Northern District of Iowa. The event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.
United States Attorney Deegan stated, “Our country is in the midst of an opioid and prescription drug abuse epidemic. Drug overdose is now the leading cause of death for Americans under age 50.” Deegan added, “Our communities can help combat this epidemic by taking time to get rid of outdated unused prescription drugs. The DEA’s National Takeback Initiative provides an anonymous and free opportunity to get rid of these unneeded pills.”
Last October, Americans turned in 456 tons (912,305 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. Overall, in its 14 previous Take Back events, DEA and its partners have taken in over 9 million pounds—more than 4,500 tons—of pills. The disposal service is free and anonymous, no questions asked. The DEA cannot accept liquids, needles, or sharps, only pills or patches.
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. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose. Some painkiller abusers move on to heroin: Four out of five new heroin users started with painkillers.
Flushing medications down the toilet or throwing them in the trash pose potential safety and health hazards. This initiative addresses the public safety and public health issues that surround medications languishing in home cabinets, becoming highly susceptible to diversion, misuse, and abuse.
Collection sites will be set up throughout communities nationwide. To locate a collection site near you, go the DEA Office of Diversion Control website at https://www.deadiversion.usdoj.gov/drug_disposal/takeback where you can search by zip code, city, or state. The service is free and anonymous.
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Crescent Man Sentenced to 33 Months in Prison for Cyberstalking Public School TeacherRead the Press Release
OKLAHOMA CITY – TROY ALLEN MARTIN, 46, of Crescent, has been sentenced to 33 months in federal prison for cyberstalking, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
On October 3, 2017, a federal grand jury indicted Martin on two counts of cyberstalking. He pleaded guilty to one of those counts on November 28, 2017, before United States District Judge Stephen P. Friot.
According to court records, Martin met an Oklahoma public school teacher (who did not live in Crescent) through a dating website. After a brief romantic relationship, he acquired nude photographs of her, which he used to extort money from her. His texts included: "So how much is it worth not to send [the] pictures?" The teacher responded: "Please don’t do this to me." Martin wrote: "No u hurt me so now I want something for it." The teacher asked Martin what he wanted, and he texted back: "Money." At first, he demanded $100,000; he ultimately extorted $50,000 from her. Martin threatened to send the nude pictures to the teacher’s school and family. He also threatened to post them on YouTube and Facebook and to send them to her realtor and to otherwise thwart the sale of her home.
In addition to threatening to disseminate nude pictures of the teacher, Martin repeatedly harassed her through constant phone calls and text messages, sometimes using spoofed phone numbers. He threatened repeatedly to call her family members during the night on an untraceable number. He also threatened physical harm to her family through text messages, such as: "I will hire someone if u know what I mean[.] I have money."
In a statement to the court, the teacher stated that her life began to be consumed by trying to placate Martin so he would not disseminate her nude photos and ruin her career and reputation. She said she felt like his puppet and was "petrified."
On April 24, 2018, Judge Friot sentenced Martin to 33 months’ imprisonment. At the sentencing hearing, the court took into consideration Martin’s having engaged in similar conduct with other women. In adjudging his sentence, Judge Friot stated society must know that this type of criminal behavior can result in imprisonment.
In addition to the 33-month sentence, Judge Friot ordered Martin to pay $50,000 in restitution to the victim, to pay a $5,000 fine, and to serve three years of supervised release after his prison term.
This case is the result of an investigation conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Brandon Hale prosecuted the case.
Reference is made to public filings for further information.
Corpus Christi Doctor Admits to Keeping False Prescription RecordsRead the Press Release
CORPUS CHRISTI, Texas - A 51-year-old Corpus Christi physician has admitted he furnished false information in a record of dispensed controlled substances, announced U.S. Attorney Ryan K. Patrick.
Dr. Michael Jerome Pendleton pleaded guilty today. At the hearing, the court also heard that in February 2017, the Texas Medical Board found Pendleton was operating an unregistered pain clinic and that he had surrendered his Drug Enforcement Administration (DEA) registration license.
According to Title 21 of the Code of Federal Regulations, a registered individual practitioner is required to keep records of controlled substances listed in Schedules II, II, IV and V if the practitioner regularly engages in the dispensing or administrating of controlled substances.
Starting in September 2013, law enforcement initiated an investigation into Pendleton’s practice based on his prescription writing practices that included a high number of proscriptions for controlled substances. Law enforcement conducted eight undercover visits to Pendleton’s office. During seven of those occasions, Pendleton prescribed hydrocodone - a Schedule II drug under the Controlled Substance Act.
In November 2016, agents executed a search warrant on Pendleton’s office and seized several documents. The investigation revealed Pendleton had omitted from his records information he was required to provide including the hydrocodone he had distributed to the undercover agents.
Sentencing has been set before Senior U.S. District Judge John D. Rainey on July17, 2018. At that time, Pendleton faces up to four years in federal prison and a possible $250,000 maximum fine.
The DEA, IRS-Criminal Investigation, Texas Department of Public Safety, Corpus Christi Police Department and the Texas Medical Board conducted the investigation as part of a joint task force. Assistant U.S. Attorney Hugo R. Martinez is prosecuting the case.
Colorado Man Faces Federal Charges after Allegedly Driving 15-Year-Old Girl Through Multiple States and Producing Child PornographyRead the Press Release
SANTA ANA, California – A previously convicted sex offender from Colorado has been indicted by a federal grand jury on a series of child exploitation charges after allegedly meeting a 15-year-old girl in Colorado, taking her on a 3½-month road trip that ended in Southern California, and producing child pornography that depicted sexual acts with the victim.
Kenneth Wayne Fisher, 42, of Colorado Springs, Colorado, was named in an eight-count indictment filed late Wednesday.
Fisher allegedly took the victim through multiple states on a trip that ended on November 16, 2015 after a high-speed police chase that concluded when Fisher ran out of gas on the 405 freeway near Seal Beach.
The indictment charges Fisher with:
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enticement to travel in interstate commerce to engage in criminal sexual activity;
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transportation of a minor to engage in criminal sexual activity;
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production of child pornography;
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transportation of child pornography;
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possession of child pornography; and
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three counts of commission of a felony offense involving a minor while required to register as a sex offender.
The indictment alleges that Fisher was convicted in an Alabama state court in 2000 of sexual abuse in the second degree, which is why he was required to register as a sex offender.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
If he is convicted of the offenses alleged in the indictment, Fisher faces a potential sentence of life without parole in federal prison. In Fisher’s case, because of his prior conviction and requirement to register as a sex offender, the charge of producing child pornography carries a mandatory minimum sentence of 35 years in prison.
Fisher is currently in federal custody in Kansas where he faces sentencing for robbing a bank during his trip with the victim.
This case is the result of an investigation by the Federal Bureau of Investigation and the Fountain Valley Police Department. The Colorado Springs Police Department conducted the missing persons investigation, and the California Highway Patrol assisted the Fountain Valley Police Department during the chase that culminated with Fisher’s arrest.
This case is being prosecuted by Assistant United States Attorney Gregory S. Scally of the Santa Ana Branch Office.
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Clearfield County Man Pleads Guilty to Possessing Child PornographyRead the Press Release
JOHNSTOWN, Pa. – A resident of Houtzdale, Pa. pleaded guilty in federal court to a charge of possession of child pornography, United States Attorney Scott W. Brady announced today.
Ellis D. Passmore, Jr., 46, pleaded guilty before United States District Judge Kim R. Gibson.
In connection to the guilty plea, the court was advised that on Oct. 5, 2015, Passmore knowingly possessed pictures and videos in individual computer graphic files, which were produced using prepubescent minors engaging in sexually explicit conduct. The computer graphic files were shipped or transported in interstate or foreign commerce.
Judge Gibson scheduled sentencing for August 21, 2018 at 10 a.m. The law provides for a maximum total sentence of 40 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Jessica Lieber Smolar is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation, and the Pennsylvania State Police, Clearfield Barracks, conducted the investigation leading to the successful prosecution of Passmore.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who sexually exploit children and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.