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25 April 2018
Wilmington Man Indicted on Firearms ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that a Federal grand jury in Raleigh has returned a three-count indictment charging HASAN EMINOF, age 20, of Wilmington, North Carolina, with two counts of Making False Statements to a Federal Firearm Licensee and one count of Possession of a Firearm by a Person Adjudicated Mentally Defective or Committed to a Mental Institution.
The indictment alleges that on June 8, 2016, EMINOF made a false and fictitious written statement on an ATF background check form to Backwater Guns in Wilmington, North Carolina. Specifically, the defendant represented himself to have not been adjudicated mentally defective and not to have been committed to a mental institution, when in fact as the defendant knew, he had been. On July 21, 2016, EMINOF attempted to purchase a firearm from Bullzeye Shooting, also in Wilmington, by again representing himself to have not been adjudicated mentally defective and not to have been committed to a mental institution. The indictment further alleges that on March 4, 2018, EMINOF, having been adjudicated a mental defective and having been committed to a mental institution, knowingly and unlawfully possessed firearms.
If convicted of these charges, EMINOF would face a maximum of ten years’ imprisonment and three years of supervised release following any term of imprisonment.
The charges and allegations contained in the Indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law.
The case is being investigated by the Federal Bureau of Investigation and the New Hanover County Sheriff’s Office. Assistant United States Attorney Jake D. Pugh is prosecuting the case for the government.
United States Attorney’s Office and Drug Enforcement Administration Prepare for Prescription Drug Takeback DayRead the Press Release
U.S. Attorney Trent Shores announced the DEA will hold the 15th National Prescription Drug Take Back Day, April 28th from 10 a.m. to 2 p.m., at 11 collection sites throughout the Northern District of Oklahoma. The event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.
“Studies show that the majority of abused prescription drugs are obtained from family and friends, often from their home medicine cabinet. I encourage our community to use this opportunity to safely and anonymously turn in outdated and unused prescription drugs,” U.S. Attorney Shores said.
Last October Americans turned in 456 tons (912,305 pounds) of prescription drugs at more than 5,300 collection 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 9,015,668 pounds—more than 4,508 tons—of pills. The disposal service is free and anonymous, no questions asked. (The DEA cannot accept needles or sharps. The DEA can accept pills, patches, and tightly sealed liquids.)
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.
The collection sites in the Northern District of Oklahoma are:
- Bartlesville Police Department - 615 S. Johnstone Ave., Bartlesville, OK 74003
- Fire Station No. 3 - 100 SE Madison Blvd., Bartlesville, OK 74006
- Fire Station No. 4 - 3501 SE Price Rd., Bartlesville, OK 74006
- Craig County Sheriff’s Office - 101 W. Delaware St., #101, Vinita, OK 74301
- DEA-Tulsa Resident Office - News On 6 Studios, 303 N. Boston Ave., Tulsa, OK 74103
- Mounds Police Department - Mounds City Hall, 1317 Commercial Ave., Mounds, OK 74047
- Osage Nation Police Department - 1071 Grandview Lane, Pawhuska, OK 74056
- Sapulpa Police Department - 20 N. Walnut St., Sapulpa, OK 74066
- Tulsa County Sheriff’s Office - Crime Stoppers (Promenade Mall), 4107 S. Yale, Ste. 142, Tulsa, OK 74135
- Tulsa Police Department - Met East Tulsa, 12466 E. 21st St., Tulsa, OK 74129
- Tulsa Police Department - Patrick Henry Elementary, 3820 E. 41st St., Tulsa, OK 74135
For more information or to locate a collection site nearest you, go the DEA Prescription Drug Take Back Day web site at https://takebackday.dea.gov/#collection-locator where you can search by zip code, city, or state.
U.S. Border Patrol Agent Sentenced for Drug SmugglingRead the Press Release
Assistant U. S. Attorneys David Leshner (619) 546-7921 and Matthew Brehm (619) 546-8983
NEWS RELEASE SUMMARY – June 22, 2017
SAN DIEGO – U.S. Border Patrol Agent Noe Lopez was sentenced in federal court today to 70 months in prison for attempting to smuggle methamphetamine and cocaine while on duty in exchange for cash.
Lopez pleaded guilty in June of 2017 to attempted distribution of methamphetamine and cocaine. In November 2016, Lopez agreed to a plan with a confidential source whereby he would retrieve backpacks containing controlled substances from the north side of the United States/Mexico border fence while on duty with the Border Patrol. Lopez admitted that he agreed to transport the backpacks in his Border Patrol vehicle and deliver them to the source in exchange for thousands of dollars.
“This is a fitting sentence for a law enforcement agent who, instead of policing drug traffickers, joined them,” said U.S. Attorney Adam L. Braverman. “Noe Lopez will pay a high price for betraying his fellow agents and his badge.”
FBI Special Agent in Charge John Brown said, “This case illustrates the power of our government agencies working together by bringing our resources, strengths, and intelligence to bear in order to root out corruption, wherever it may be. Today, this sentencing shows the results of one team working together to maintain the safety and security of our nation, particularly at our international border.”
“Any instance of criminal activity drives the motivation of all law enforcement officers to pursue justice,” said San Diego Sector Chief Patrol Agent Rodney S. Scott. “This is especially true when one of our own commits the criminal act. The arrest and subsequent guilty plea by former Border Patrol agent Noe Lopez tarnished the badge that our agents wear proudly and professionally represent every day. Noe Lopez violated the trust of the public and the law enforcement community he betrayed. Noe Lopez is the anomaly; he does not represent the professionalism, honor and distinction that Border Patrol agents exhibit everyday safeguarding our nation.”
On November 30, 2016, Lopez purchased three backpacks that would be used to transport the controlled substances and gave the backpacks to the source. They agreed that on December 6, 2016, Lopez would retrieve a backpack containing six pounds of methamphetamine while on duty with the Border Patrol and deliver the backpack to the source. Lopez told the source where to place the backpack containing methamphetamine on the north side of the United States/Mexico border.
According to Lopez’s admissions in his plea agreement, on December 6, 2016, undercover DEA agents placed a backpack (one of the three backpacks purchased by Lopez) containing six pounds of a substance resembling methamphetamine near the prearranged location. Lopez drove to the location in his Border Patrol vehicle and retrieved the backpack. He returned to the Border Patrol Station and placed the backpack in his personal vehicle. At the conclusion of his Border Patrol work shift, Lopez met the source at a parking lot in Chula Vista, where Lopez gave the source the backpack containing what Lopez believed to be six pounds of methamphetamine.
On December 7, 2016, the source paid Lopez $3,000 for retrieving and delivering the purported methamphetamine. In a recorded conversation, Lopez discussed the area known as “Goat Canyon” where he was to be assigned the following day. Lopez said it was one of the areas he preferred to have the drugs dropped. “Honestly, the thing is that there aren’t—there aren’t any cameras. Nothing, nothing, nothing.”
This scenario was repeated on December 8, 2016, except the backpack purportedly contained seven kilograms of cocaine. Toward the end of Lopez’s shift, agents dropped seven kilograms of simulated cocaine in another backpack previously provided by Lopez. Lopez retrieved the backpack and placed it in his Border Patrol vehicle. At the end of his shift, Lopez transferred the backpack to his personal vehicle. Lopez delivered the backpack to the source. Agents later confirmed that the backpack contained the simulated cocaine that agents had dropped at the pre-determined location.
The following day, December 9, the source gave Lopez $7,000. In the recorded meeting, Lopez went over the drop location. Lopez made clear that the source should trust him to carry out the smuggling venture because: “If I’m saying it, it’s because I’m taking the risk. If I’m saying, ‘cross now,’ that means that I am taking the responsibility for them to cross.” In response to the source’s concern that his courier would get caught if he jumped over the fence and dropped the drug-laden backpack in the requested location, Lopez responded, “No, there is nobody that will report them. Me. That’s why I’m supposed to be there. There’s nobody—there are no cameras, there are no sensors-there’s nothing. There’s nothing. That’s why I’m telling you that this—this area is perfect.”
On December 14, 2016, Lopez again switched duty areas with another agent so that he could be in a favorable area for a third smuggling event. Lopez then contacted the CS and indicated that he was scheduled to work in a favorable location for the drug drop. The drop did not occur, and Lopez was arrested at his Border Patrol Station.
Anyone with information about corruption is asked to contact the FBI at 1-877-NO-BRIBE (662-7423), or submit a tip online at TIPS.FBI.GOV.
DEFENDANT Case Number 17cr0086
Noe Lopez Age: 37 Chula Vista, CA
SUMMARY OF CHARGES
Attempted Distribution of Methamphetamine and Cocaine, in violation of 21 U.S.C. 841 (a) (1) and 846
Maximum penalty: Life in prison and $10 million fine
AGENCIES
Federal Bureau of Investigation
U.S. Drug Enforcement Agency
U.S. Border Patrol
U.S. Attorney Supports Taking Back Unused Prescription Drugs on April 28thRead the Press Release
LEXINGTON, Ky. – Robert M. Duncan, Jr., the U.S. Attorney for the Eastern District of Kentucky, announces his support and encouragement for the DEA and law enforcement agencies, in their National Prescription Drug Take Back Day, Saturday, April 28th, from 10 a.m. to 2 p.m. The DEA and local agencies will be providing the public its 15th opportunity in the past 7 years to take an easy step to help prevent pill abuse and theft, by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs.
Bring your pills for disposal to the following sites:
Lexington - Kentucky American Water, 2300 Richmond Rd.
Cynthiana – Harrison County Sheriff’s Office, 113 W. Pike St.
Danville – City Hall, 445 W. Main St.
Frankfort – Franklin County Health Department, 851 East-West Connector
Harrodsburg – Mercer County Sheriff’s Office, 207 W. Lexington St.
Midway – Midway City Hall, 101 E. Main St.
Nicholasville – Walmart, 1024 N. Main St.
Paris – Walmart, 305 Letton Dr.
Richmond – Kentucky State Police Post 7, 699 Eastern Bypass
Winchester – Winchester Police Department, 16 S. Maple St.
Versailles – Kroger, 212 Kroger Way
The DEA cannot accept liquids, needles, or sharps, only pills or patches. The service is free and anonymous, no questions asked.
Last fall Americans turned in 456 tons (912,000 pounds) of prescription drugs at more than 5,300 sites operated by the DEA and almost 4,300 of its state and local law enforcement partners. Overall, in its 14 previous Take Back events, DEA and its partners have taken in more than 9 million pounds—more than 4,500 tons—of pills.
“Four out five heroin addicts begin their downward spiral by abusing prescription opiates. More often than not, the family medicine cabinet becomes the most readily available source for these drugs. Twice each year the men and women of DEA, joined by our state and local partners in law enforcement, provide an opportunity for the public to safely dispose of their unwanted or unused prescription medication. Please join in our fight, by participating in the Drug Take Back Day on April 28th, and help make a difference in your community,” stated D. Christopher Evans, Special Agent in Charge of the Louisville Field Division of the DEA.
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. The Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health shows year after year that the majority of misused and abused prescription drugs are obtained from family and friends, including someone else’s medication being stolen from the home medicine cabinet.
“I strongly support the efforts of DEA and our other law enforcement partners in reducing unlawful access to prescription drugs,” stated U.S. Attorney Duncan. “The DEA and the other agencies involved in Take Back Day provide a vital resource in fighting the opioid problem in the Commonwealth. Far too often, the path to addiction starts with experimentation with legitimately prescribed prescription opioids found in the home. By participating in Take Back Day and disposing of unwanted pills, you can help stop a loved one from getting started misusing or abusing prescription drugs.”
For more information about the disposal of prescription drugs or about the April 28 Take Back Day event, go to www.DEATakeBack.com
U.S. Attorney David C. Joseph urges public to dispose of unused prescription drugsRead the Press Release
SHREVEPORT, LAFAYETTE, MONROE, ALEXANDRIA, LAKE CHARLES, La. – United States Attorney David C. Joseph urges the public to discard unused prescription drugs this weekend at area collection sites during Drug Take Back Day.
“The DEA’s Drug Take Back Day gives the public an opportunity to rid homes of unnecessary and potentially dangerous drugs without discarding them into our environment or letting them fall into the hands of those who would abuse them,” Joseph stated. “Discarding these items is one way we can safely remove substances such as opioids from our communities and reduce chances that they could be stolen or misplaced.”
Last fall Americans turned in 456 tons (912,000 pounds) of prescription drugs at more than 5,300 sites operated by the DEA and almost 4,300 of its state and local law enforcement partners. Overall, in its 14 previous Take Back events, DEA and its partners have taken in more than 9 million pounds—more than 4,500 tons—of pills.
Unused medicines in the home are a problem because the majority of the 6.4 million Americans who abused prescription drugs in 2015, including the almost 4 million who abused prescription painkillers, say they obtained those drugs from friends and family, including from a home medicine cabinet, according to the National Survey on Drug Use and Health released last month. Some painkiller abusers move on to heroin; four out of five new heroin users started with painkillers. In 2016, nearly 64,000 people died of drug overdoses in America – with synthetic opioids such as fentanyl, heroin, and common opioid painkillers like Percocet and OxyContin topping other causes of overdose, according to new data from the Centers for Disease Control and Prevention.
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse and abuse. Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses because of these drugs. The Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health shows year after year that the majority of misused and abused prescription drugs are obtained from family and friends, including someone else’s medication being stolen from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—both pose potential safety and health hazards.
The DEA will have collection sites across the country on Saturday, April 28, for those who are interested in bringing their unused or expired prescription drugs for proper disposal. Only pills and other solids, like patches, can be brought to the collection sites – liquids and needles or other sharp objects will not be accepted. The service is free and anonymous, no questions asked.
Prescription drugs can be dropped off from 10 a.m. to 2 p.m., April 28, at:
Shreveport
- Caddo Parish Sheriff’s Office, Sheriff’s Safety Town in the parking lot of Summer Grove Baptist Church, 8910 Jewella Ave.
Monroe
- Louisiana State Police, Troop F, 3811 Desiard St.
- University of Louisiana at Monroe Police Department, 1240 LA 594
Alexandria
- Alexandria City Marshal’s Office, 515 Washington St.
- Alexandria Police Department, 1000 Bolton Ave.
Lafayette
- Lafayette Sheriff’s Office, 1825 W. Willow St.
Lake Charles
- Lake Charles Police Department, 900 Lake Short Drive (Civic Center)
- Louisiana State Police, Troop D, 805 Main St.
The public can also find other collection sites by visiting Takebackday.dea.gov, and following the links to a database where they enter their zip code. Additionally, there are permanent drop-off boxes, which can also be found at Takebackday.dea.gov.
Two men sentenced for assault and armed robbery of government informant during undercover gun saleRead the Press Release
ATLANTA - Michael Simpson was sentenced for assault and armed robbery of a confidential government informant who was assisting ATF agents as part of the Drug Market Initiative (“DMI”) in the English Avenue community. Elgin Byrd was previously sentenced for his respective role in the illegal activity on February 27, 2018.
“These defendants will no longer perpetuate the cycle of drug and gun trafficking in the English Avenue community,” said U.S. Attorney Byung J. “BJay” Pak. “We are committed to working with our partners to eradicate drug trafficking in this community.”
“Any individual who is brazen enough to commit an armed robbery poses a clear and present danger to our community. This sentence sends an unequivocal message that this violence will not be tolerated. ATF and its’ law enforcement partners will continue to identify, investigate and arrest criminals who choose to use guns to commit their crimes,” said ATF Special Agent in Charge Arthur Peralta.
“The City of Atlanta is making great strides in working to improve the English Avenue community and these arrests and convictions send a strong signal that such lawlessness and disregard for the community will not be tolerated,” said Atlanta Police Chief Erika Shields. “The Department’s strong partnership with our federal partners is vital to our long-term public safety goals here and elsewhere throughout the City.”
According to U.S. Attorney Pak, the charges and other information presented in court: Between July 27, 2016 and August 3, 2016, a confidential informant repeatedly purchased heroin from Byrd at an apartment complex in the English Avenue community as part of an undercover government operation. Byrd also brokered a gun sale for the confidential informant at the same apartment complex. On August 9, 2016, Byrd agreed to sell the confidential informant three guns at his apartment complex. Byrd lured the confidential informant to his apartment under the guise of a gun sale so that Simpson could rob the informant of the payment. While the confidential informant was waiting in Byrd’s apartment, Simpson retrieved a gun from another unit in the complex and waited behind the building for the confidential informant to walk outside. When the confidential informant left Byrd’s apartment, Simpson robbed the confidential informant at gunpoint and fled. Simpson made off with $600 in government funds and multiple forms of electronic surveillance equipment that had been provided to the confidential informant to record the controlled buy.
ATF agents conducting surveillance saw the robbery and immediately responded to rescue the confidential informant. Within hours, agents arrested Byrd in his apartment and found Simpson hiding in his mother’s attic in a nearby home.
●Michael Simpson, 25, of Atlanta, Georgia, was sentenced by U.S. District Judge Thomas W. Thrash, Jr. to 14 years in prison, followed by three years of supervised release. Simpson pleaded guilty to assaulting the confidential informant and brandishing a firearm during and in relation to that crime on November 28, 2017. He pleaded guilty to conspiracy, robbery of federal property, and possession of a firearm by a convicted felon on January 29, 2018.
●Elgin Byrd, 53, of Atlanta, Georgia, was previously sentenced to 15 years and nine months in prison, followed by five years of supervised release on February 27, 2018. Byrd pleaded guilty to distributing heroin, as well as aiding and abetting the assault and robbery of the confidential informant and Simpson’s brandishing of a firearm during and in relation to that crime on September 19, 2017.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Atlanta Police Department.
Assistant U.S. Attorney Nicholas Hartigan prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Two Years in Prison for Man Who Made Counterfeit MoneyRead the Press Release
A man who manufactured counterfeit twenty dollar bills was sentenced today to two years in federal prison.
Victor Ineson, Jr., age 42, from Forest City, Iowa, received the prison term after a November 2, 2017, guilty plea to manufacturing counterfeit currency.
In a plea agreement, Ineson admitted he used chemicals to wash the ink off lower denomination bills and reprinted each side of the bill so that it appeared to be a $20 bill. Ineson acknowledged that he spent some of the counterfeit currency at area businesses. During the execution of a search warrant at Ineson’s residence in May 2017, law enforcement officers seized $335 in counterfeit currency.
Ineson was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Ineson was sentenced to 24 months’ imprisonment. He was ordered to make $240 in restitution to area businesses. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
Ineson 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 Justin Lightfoot and investigated by the Forest City Police Department, the Britt Police Department, the Mason City Police Department, and the Clear Lake Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-3042-LTS.
Follow us on Twitter @USAO_NDIA.
Two New Jersey Men Arrested for Evading Taxes on $5.3 Million Taken from New York Religious OrganizationRead the Press Release
NEWARK, N.J. – Two high-ranking members of the Israelite Church of God in Jesus Christ (ICGJC) were arrested today for allegedly evading taxes on millions of dollars in ICGJC funds that they fraudulently diverted to their sham entertainment company and to one of the defendants for his personal use, U.S. Attorney Craig Carpenito announced.
Jermaine Grant, 43, of Burlington Township, New Jersey, and Lincoln Warrington, 48, of Teaneck, New Jersey, are both charged by indictment with one count of conspiring to defraud the United States. Grant is also charged with five counts of personal income tax evasion. They will appear later this afternoon before U.S. Magistrate Judge Mark Falk in Newark federal court.
According to the indictment:
From January 2007 through April 2016, Grant, the leader of ICGJC, and Warrington, a high-ranking treasurer, allegedly used their positions to divert millions of dollars for Grant’s personal use and benefit.
As part of the scheme, Grant and Warrington allegedly created Black Icon Entertainment (BIE) in order to portray Grant as an entertainment industry mogul whose wealth was derived from his professional success. In fact, BIE virtually conducts no legitimate business and is funded almost exclusively by money taken from the ICGJC. Grant and Warrington funneled approximately $2.4 million in ICGJC funds into BIE, which Grant and Warrington concealed on Grant and BIE’s federal income tax returns.
In addition, Grant allegedly siphoned over $2.9 million in income from the ICGJC through multiple personal expenditures, which Grant and Warrington failed to report as income on Grant’s federal individual tax returns. Grant used an ICGJC debit card to purchase home furnishings, luxury items, designer clothing, real estate, trips to Disneyland and other resorts for his family, multiple high-end vehicles, and private school for some of his children, who were chauffeured in a Mercedes Benz paid for with ICGJC funds.
Altogether, Grant and Warrington allegedly failed to report $5,342,920, in income derived from ICGJC from 2007 through 2015, resulting in a tax loss to the United States of $1,982,470.
Each count in the indictment carries a maximum potential penalty of five years in prison and a $250,000 fine. The charges and allegations in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, and IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen, with the investigation.
The government is represented by Assistant U.S. Attorney Margaret Ann Mahoney of the U.S. Attorney’s Criminal Division in Newark.
Defense counsel:
Grant: Gerald Lefcourt Esq., New York
Warrington: Richard Levitt Esq., New York
Two Men Plead Guilty to Interstate Opioid Trafficking ConspiracyRead the Press Release
BOSTON – Two men pleaded guilty in federal court in Boston to their roles in an opioid trafficking conspiracy involving the distribution of fentanyl, heroin, and oxycodone across Massachusetts and Florida.
Johnny Urena, 30, of Lawrence, pleaded guilty yesterday to one count of conspiracy to distribute and to possess with intent to distribute heroin and fentanyl, one count of conspiracy to distribute and to possess with intent to distribute oxycodone, and one count of conspiracy to launder monetary instruments. Jenssi Astacio, 32, of Sunny Isles Beach, Fla., pleaded guilty today to one count of conspiracy to distribute and to possess with intent to distribute oxycodone and one count of conspiracy to launder monetary instruments. U.S. District Court Judge Denise J. Casper scheduled their sentencings for July 24, 2018, and July 31, 2018, respectively.
Urena and Astacio were arrested along with seven others in March 2017 for their roles in a widespread conspiracy involving opioid trafficking and money laundering offenses in Massachusetts and Florida. Their arrests were the result of a three-year federal investigation into opioid-trafficking in New England.
From at least 2014, Urena conspired with co-defendants to sell quantities of heroin and/or fentanyl in Massachusetts, and to receive, transport, and distribute large quantities of oxycodone pills shipped from Florida to Massachusetts. Urena then deposited the cash proceeds of drug sales into various funnel bank accounts in order to conceal the nature and ownership of the funds. Astacio shipped - and directed other co-conspirators to ship - large quantities of oxycodone pills from Florida to Massachusetts, negotiated with other co-conspirators the sale of oxycodone pills for redistribution, and directed co-conspirators to use bank accounts to launder the cash proceeds of their illicit sale of drugs.
Co-defendants Darren Infante, Juan Reyes, George Noukas, Moses Rodriguez, Craig Drummond, and Gorky Gonzalez have pleaded guilty. Infante is scheduled to be sentenced on May 23; Reyes’ sentencing is scheduled for June 20; Noukas and Rodriguez are scheduled to be sentenced on June 25; and Drummond and Gonzalez are scheduled to be sentenced on July 17.
The charges of conspiracy to distribute and possess with the intent to distribute heroin and fentanyl provides for a sentence of no greater than 40 years in prison, a lifetime of supervised release, a fine of $5 million, and forfeiture. The charges of conspiracy to distribute and possess with the intent to distribute oxycodone provides for a sentence of no greater than 20 years in prison, a lifetime of supervised release, a fine of up to $1 million, and forfeiture. The charge of conspiracy to launder monetary instruments provides for a sentence of no greater than 20 years in prison, up to five years of supervised release, a fine of up to $500,000, or twice the value of the property laundered, and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Albert Angelucci, Acting Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; John Gibbons, U.S. Marshal for the District of Massachusetts; and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Biddeford (Maine), Framingham, Haverhill, Lawrence, Manchester (N.H.), Methuen, Millis, Natick, Stoughton, and Waltham Police Departments. Assistant U.S. Attorneys Nadine Pellegrini and Craig Estes of Lelling’s Office are prosecuting the cases.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Tuba City Man Sentenced to 84 Months for Gas Station RobberyRead the Press Release
PHOENIX – This week, Omar Dixon, 37, of Tuba City, Ariz., was sentenced by U.S. District Judge Stephen M. McNamee to 84 months’ imprisonment. Dixon had previously pleaded guilty to robbery.
On Sept. 20, 2015, Dixon and two codefendants entered the Tuba City Shell gas station wearing disguises. Dixon forcibly restrained the gas station attendant with a knife, while his codefendants seized the cash register, cigarette packs, and a security monitor. Dixon and his two codefendants then fled the scene in a waiting vehicle. Dixon was apprehended shortly after the robbery, in possession of two pocket knives, $130, and two unopened cigarette packs. All defendants are members of the Navajo Nation.
The investigation in this case was conducted the Tuba City Police Department, the Tuba City Criminal Investigators’ Office, and the Federal Bureau of Investigation. The prosecution was handled by Jonathan R. Hornok, Cassie Bray Woo, and Roger Dokken, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-16-8247-PHX-SMM
RELEASE NUMBER: 2018-050_Dixon
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Thayer, Missouri Man Sentenced to 210 Months Imprisonment for Distribution of Child PornographyRead the Press Release
Memphis, TN – Charles Oliver, 36, of Thayer, Missouri was sentenced to 210 months in federal prison for distribution of child pornography. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
In April 2017, an online undercover agent with the Memphis Crimes Against Children Task Force received a tip pertaining to "arkman27," the online identity of an individual who expressed a desire through social media to have sex with a child. Arkman27 was provided with contact information for the undercover agent, who was posing as an individual who could provide arkman27 with access to a minor female.
Thereafter, the undercover agent was contacted through the instant messaging application Kik by user "arkdad." Arkdad expressed to the undercover agent an interest in meeting a minor for sex and stated he had previous sexual contact with minors. Between April 7 and July 16, 2017, "arkdad" sent sexually explicit images and videos of prepubescent minors to the undercover agent via Kik, including an image of an infant female being penetrated by an adult male as well as several sexually explicit images of prepubescent minors engaged in oral sex, masturbation and sexual intercourse. "Arkdad" engaged in numerous graphic discussions with the undercover agent about meeting to have sex with the minor, whom he believed to be the undercover agent’s daughter. The undercover agent received these images, videos, and chats in Memphis, TN.
Further investigation revealed the defendant was the user of these online identities and that he had been the individual corresponding with the undercover agent via Kik. Oliver admitted trading images and videos of child pornography through Kik and other social media sites.
U.S. Attorney D. Michael Dunavant said: "With new and ever-changing technology, online predators are using more creative and disturbing ways to commit cyber-crimes against vulnerable victims, including the sexual solicitation of minors, and possession and distribution of child pornography. This office will always aggressively prosecute these disturbing cases, and will seek significant sentences for such predatory behavior in order to incapacitate dangerous offenders and protect child victims."
This case was brought as part of Project Safe Childhood (PSC), 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 Attorney’s Offices and the Criminal Divisions Child Exploitation and Obscenity Section, PSC marshals federal, state and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc. For more information about internet safety education, please visit http://www.justice.gov/psc/resources .
This case was investigated by the FBI and Thayer, Missouri police department.
Assistant U.S. Attorney Kasey Weiland prosecuted this case on the government’s behalf.
Statement of U.S. Attorney Geoffrey S. Berman on Appointment by Chief JudgeRead the Press Release
“Today Chief Judge Colleen McMahon notified me that the Court, pursuant to 28 U.S.C. § 546 (d), has appointed me United States Attorney for the Southern District of New York. I thank the Court and I am grateful for its confidence in me. I look forward to continuing the great tradition of this Office to pursue justice without fear or favor. I consider it the honor of a lifetime and the greatest responsibility to serve the people of New York and the United States as U.S. Attorney.”
Spokane Man Sentenced to Twelve Months in Federal Prison for Bank Fraud ConspiracyRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced today that Brendon M. McCullough, age 22, of Spokane, Washington, was sentenced after having pleaded guilty on July 20, 2017, to conspiracy to commit bank fraud. United States District Judge Salvador Mendoza Jr. sentenced McCullough to a 12-month term of imprisonment, to be followed by a 5-year term of court supervision following release from Federal prison. The Court also ordered McCullough to pay $26,106 in restitution. During the sentencing hearing, Judge Mendoza stated that McCullough’s conduct caused a “loss of privacy, money and security” and “affected a whole lot of folks.” McCullough has been in custody since January 17, 2017.
According to information disclosed during court proceedings, McCullough and his conspirators stole bank credit/debit cards, checks, and PINs from mailboxes and used the stolen financial information to withdraw funds from victims’ bank accounts. McCullough and his conspirators also used stolen financial account information to transfer funds between victims’ accounts before making withdrawals, and forged and altered checks to enrich himself and other members of the conspiracy. Approximately twenty bank customers were affected.
Joseph H. Harrington said, “Prosecuting bank fraud and other white collar crime continues to be a high priority for our office. I commend the investigators from the U.S. Postal Inspection Service, Spokane County Sheriff’s Office, and Spokane Police Department for their excellent investigative work on this case. We will continue to work closely with our law enforcement partners to aggressively prosecute financial crimes in the Eastern District of Washington.”
This case was investigated by the U.S. Postal Inspection Service, Spokane County Sheriff’s Office, and Spokane Police Department. This case was prosecuted by George J.C. Jacobs, III, Assistant United States Attorney for the Eastern District of Washington.
Six MS-13 Members with Ties to New Jersey Indicted on Gang-Related Charges, Including Racketeering Conspiracy, Murder, and Multiple Murder ConspiraciesRead the Press Release
NEWARK, N.J. – A grand jury returned a seven-count superseding indictment today charging six members of the violent street gang MS-13, including one who is incarcerated in El Salvador, with various gang-related offenses, including racketeering conspiracy, murder in aid of racketeering, and conspiracy to commit murder in aid of racketeering, Attorney General Jeff Sessions, U.S. Attorney Craig Carpenito, District of New Jersey, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Special Agent in Charge Gregory W. Ehrie of the FBI’s Newark Division, Field Office Director John Tsoukaris of the U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations, and Acting Special Agent in Charge Brian Michael of ICE Homeland Security Investigations (HSI) Newark, announced.
Five of the defendants, all citizens of El Salvador, are members or associates of MS-13 sub-units, or “cliques,” operating in Hudson County, New Jersey: Juan Escalante-Melgar, aka “Humilde,” 28, the former leader of the Pinos Locos Salvatrucha clique (the “Pinos clique”); Elmer Cruz-Diaz, aka “Locote,” 29, the former leader of the Hudson Locotes Salvatrucha clique (the “Hudson Locotes clique”); Oscar Sanchez-Aguilar, aka “Snappy,” 22, a member of the Pinos clique; Jose Rivera-Robles, aka “Layo,” 33, a member of the Hudson Locotes clique; and Juan Garcia-Gomez, aka “Scooby,” 22, a Hudson County MS-13 recruit, all of Union City, New Jersey. The sixth defendant, Christian Linares-Rodriguez, aka “Donkey,” 38, is a high-ranking MS-13 member who is currently incarcerated in El Salvador, and who allegedly authorized and directed much of the illegal activity described in the superseding indictment.
“MS-13 is one of the most violent and vicious gangs in America today,” said Attorney General Sessions. “The gang has more than 10,000 members following its barbaric motto of ‘kill, rape, and control’ across 40 states, and that threatens law-abiding Americans. Today’s indictment makes clear that the Trump Administration and this Department will be relentless in taking the fight to MS-13 with every lawful tool at our disposal. I want to thank the FBI, ICE, and DOJ Trial Attorneys for their hard work on this case, part of our aggressive effort to dismantle MS-13 and get its members off our streets for good.”
“Our office has been pursuing and successfully prosecuting the members of the violent transnational gang MS-13 for the crimes they have committed in New Jersey and elsewhere,” U.S. Attorney Carpenito said. “The facts described in the indictment returned today make it clear why: This is a vicious organization with no regard for human life or for the laws of our country. We will continue to focus our resources to ensure that the people of New Jersey are made safe from this violence.”
According to court documents and statements made in court:
The defendants and other Hudson County MS-13 members and associates allegedly engaged in various forms of illegal racketeering activity on behalf of the gang between late 2014 and late 2015. This included: the execution of a suspected rival gang member in West New York, New Jersey, on July 1, 2015, which resulted in Garcia-Gomez, the shooter, becoming eligible to join MS-13; a failed May 2015 plot to kill a member of the rival 18th Street gang, who had been lured to New Jersey by a female MS-13 associate; a plot to kill a member of the Hudson Locotes clique, whom Salvadoran MS-13 leaders had “green-lighted” – or ordered to be killed – because the Hudson Locotes clique member was suspected of violating the gang’s core rule, which prohibits assisting the authorities; extorting the proprietor of a Hudson County restaurant by threatening harm if the proprietor did not pay money to the gang; and conspiring to sell cocaine on behalf of the gang.
The murder and murder conspiracies charged in the superseding indictment are described below:
The July 1, 2015 Murder
Shortly after midnight on July 1, 2015, Garcia-Gomez shot and killed a person identified in the superseding indictment as Victim-3 as the victim was entering an apartment building in West New York. Surveillance cameras mounted outside the apartment building captured the murder from multiple angles. Several angles show a male, later identified as Garcia-Gomez, approach Victim-3 from behind, level a revolver at Victim-3, and then fire a single shot into the back of Victim-3’s head. Additional angles show a male, later identified as Sanchez-Aguilar, watching the murder from across the street, and another male, later identified as Rivera-Robles, lingering close by and meeting with Garcia-Gomez moments after the execution.
Investigators also retrieved surveillance footage showing Garcia-Gomez boarding a bus after the murder, and later, entering a residence in Union City, New Jersey. Investigators visited the Union City residence and located Garcia-Gomez. Investigators also obtained a warrant to search Garcia-Gomez’s residence and recovered, among other things: a pair of distinctive jeans that Garcia-Gomez wore when he committed the murder; and a box of .44-caliber ammunition, which matches the caliber of the bullet recovered from Victim-3’s body.
Through additional investigation, including witness interviews and numerous lawfully recorded telephone conversations, some of which were obtained from the Salvadoran government, investigators discovered that Garcia-Gomez shot and killed Victim-3, a suspected rival gang member, so that he could become a full member of MS-13. The investigation further revealed that Escalante-Melgar – one of the highest-ranking Hudson County MS-13 members at the time – directed Garcia-Gomez to carry out the execution, with Linares-Rodriguez’ approval from El Salvador. Escalante-Melgar also ordered Sanchez-Aguilar and Rivera-Robles to accompany Garcia-Gomez and serve as lookouts. Prior to the murder, Sanchez-Aguilar had been surveilling the victim, while Rivera-Robles and others had test-fired the murder weapon, which belonged to Escalante-Melgar.
The May 2015 Murder Plot
Around May 2015, Hudson County MS-13 members and associates engaged in a plot to kill a member of the rival 18th Street gang from the Maryland/Virginia area, identified in the superseding indictment as Victim-2. The plot involved a female associate of MS-13, identified in the superseding indictment as Co-Conspirator-3, befriending Victim-2, and then luring Victim-2 to the New Jersey area so that MS-13 members could execute Victim-2.
Victim-2 arrived in Hudson County around May 25, 2015. Upon Victim-2’s arrival, Escalante-Melgar ordered three MS-13 members – identified in the superseding indictment as Co-Conspirator-1, Co-Conspirator-2, and Co-Conspirator-4 – to carry out the murder. When their initial attempts to make contact with Victim-2 did not go as planned, the MS-13 members decided to secure a room for Victim-2 at a local motel, and offered to transport Victim-2 back to the Maryland/Virginia area the following day. At Escalante-Melgar’s direction, the MS-13 members agreed to stab the victim to death at some point during the trip, and then dispose of the body.
The murder was foiled the following day when Victim-2 – sensing that the MS-13 members planned to harm Victim-2 – jumped from Co-Conspirator-1’s vehicle outside a tollbooth on the way to the Maryland/Virginia area. The MS-13 members later received beatings for failing to kill the rival 18th Street gang member.
The Suspected Informant Murder Plot
As alleged in the superseding indictment, Salvadoran MS-13 leaders, including Linares-Rodriguez, issued a green light to kill a member of the Hudson Locotes clique suspected of assisting the authorities, identified as Victim-1. Linares-Rodriguez allegedly issued one green light after Victim-1 refused to carry out instructions to kill a member of the rival 18th Street gang in September 2014, and then issued a second green light when Victim-1 was suspected of assisting law enforcement in early 2015. Escalante-Melgar, Cruz-Diaz, and others discussed the kill order on Victim-1, as well as plans to carry out the kill order, which included assigning MS-13 members and associates to surveil Victim-1 in preparation for the murder.
- Count One charges all six defendants with racketeering conspiracy.
- Count Two charges Escalante-Melgar and Linares-Rodriguez with conspiracy to commit murder in aid of racketeering based on the May 2015 Murder Plot.
- Count Three charges Escalante-Melgar, Cruz-Diaz, Sanchez-Aguilar, Rivera-Robles, and Garcia-Gomez with murder in aid of racketeering based on the July 1, 2015 murder.
- Count Four charges all six defendants with conspiracy to commit murder in aid of racketeering based on the July 1, 2015 murder.
- Count Five charges all six defendants with discharging a firearm during a crime of violence, and aiding and abetting that crime.
- Count Six charges Escalante-Melgar, Cruz-Diaz, Sanchez-Aguilar, Rivera-Robles, and Garcia-Gomez with causing death through the use of a firearm based on the July 1, 2015 murder.
- Count Seven charges Escalante-Melgar, Cruz-Diaz, and Linares-Rodriguez with conspiracy to commit murder in aid of racketeering based on the Suspected Informant Murder Plot.
Arraignment will be scheduled at a later date.
The investigation was conducted by special agents of the FBI, under the direction of Special Agent in Charge Ehrie in Newark; U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations, under the direction of Field Office Director Tsoukaris; ICE’s Homeland Security Investigations, Newark, under the direction of Acting Special Agent in Charge Michael; FBI’s Transnational Anti-Gang Unit and the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez. The Justice Department’s Office of International Affairs, the Union City Police Department, the West New York Police Department, and North Bergen Police Department also assisted in this investigation.
The government is represented by Assistant U.S. Attorney Jamari Buxton of the U.S. Attorney’s Office for the District of New Jersey’s Criminal Division in Newark and Trial Attorney Matthew Hoff of the DOJ Criminal Division’s Organized Crime and Gang Section.
Six MS-13 Members with Ties to New Jersey Indicted on Gang-Related Charges Including Racketeering Conspiracy, Murder, and Multiple Murder ConspiraciesRead the Press Release
A grand jury in Newark, New Jersey returned a seven-count superseding indictment today charging six members of the violent street gang MS-13 with various gang-related offenses, including racketeering conspiracy, murder in aid of racketeering, and conspiracy to commit murder in aid of racketeering, announced Attorney General Jeff Sessions, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Craig Carpenito for the District of New Jersey, Special Agent in Charge Gregory W. Ehrie of the FBI’s Newark Division, Field Office Director John Tsoukaris of U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations and Acting Special Agent in Charge Brian Michael of ICE Homeland Security Investigations (HSI) Newark.
Five of the defendants, all citizens of El Salvador, are alleged members and/or associates of MS-13 sub-units, or “cliques,” operating in Hudson County, New Jersey: Juan Escalante-Melgar, aka Humilde, 28, the former leader of the Pinos Locos Salvatrucha clique (the “Pinos clique”); Elmer Cruz-Diaz, aka Locote, 29, the former leader of the Hudson Locotes Salvatrucha clique (the “Hudson Locotes clique”); Oscar Sanchez-Aguilar, aka Snappy, 22, a member of the Pinos clique and Juan Garcia-Gomez, aka Scooby, 22, a Hudson County MS-13 recruit, and Jose Rivera-Robles, aka Layo, 33, a member of the Hudson Locotes clique. The sixth and final defendant, Christian Linares-Rodriguez, aka Burro or Donkey, 38, is a high-ranking MS-13 member who is currently incarcerated in El Salvador, and who allegedly authorized and directed much of the illegal activity described in the superseding indictment.
“MS-13 is one of the most violent and vicious gangs in America today,” said Attorney General Sessions. “The gang has more than 10,000 members following its barbaric motto of ‘kill, rape, and control’ across 40 states, and that threatens law-abiding Americans. Today’s indictment makes clear that the Trump Administration and this Department will be relentless in taking the fight to MS-13 with every lawful tool at our disposal. I want to thank the FBI, ICE, and DOJ Trial Attorneys for their hard work on this case, part of our aggressive effort to dismantle MS-13 and get its members off our streets for good.”
“Our office has been pursuing and successfully prosecuting the members of the violent transnational gang MS-13 for the crimes they have committed in New Jersey and elsewhere,” U.S. Attorney Carpenito said. “The facts described in the indictment returned today make it clear why: This is a vicious organization with no regard for human life or for the laws of our country. We will continue to focus our resources to ensure that the people of New Jersey are made safe from this violence.”
According to the superseding indictment, the defendants and other Hudson County MS-13 members and/or associates engaged in various forms of illegal racketeering activity on behalf of the gang between late-2014 and late-2015. The alleged illegal conduct included: a July 1, 2015 execution of a suspected rival gang member in West New York, New Jersey (the “July 1, 2015 Murder”); a May 2015 plot to stab to death a member of a rival 18th Street gang who was lured into a vehicle but managed to escape (the “May 2015 Murder Plot”); a plot “green lighted” by Salvadoran MS-13 leaders to kill a member of the Hudson Locotes clique who disobeyed an order to kill a rival gang member and was suspected of assisting the authorities (the “Suspected Informant Murder Plot”); an extortion scheme targeting the proprietor of a North Bergen, New Jersey restaurant entailing threats of violence if the proprietor did not pay money to the gang; and a conspiracy to sell cocaine on behalf of the gang.
The murder and murder conspiracies charged in the superseding indictment are described below:
The July 1, 2015 Murder
As alleged in the superseding indictment, on July 1, 2015, Garcia-Gomez shot and killed a suspected rival gang member identified as Victim-3 at Victim-3’s residence in West New York. Garcia-Gomez approached Victim-3 and fatally shot him with a revolver handgun, while Rivera-Robles and Sanchez-Aguilar watched nearby.
The indictment alleges that Garcia-Gomez shot and killed Victim-3 so that he could become a full-member of MS-13. The indictment further alleges that Escalante-Melgar – one of the highest-ranking Hudson County MS-13 members at the time – directed Garcia-Gomez to carry out the execution, with Linares-Rodriguez’s approval from El Salvador. Escalante-Melgar also ordered Sanchez-Aguilar and Rivera-Robles to accompany Garcia-Gomez and serve as lookouts. Prior to the murder, Sanchez-Aguilar had been surveilling the victim, while Rivera-Robles and others had test-fired the murder weapon, which belonged to Escalante-Melgar.
The May 2015 Murder Plot
According to the superseding indictment, around May 2015, Hudson County MS-13 members and/or associates engaged in a plot to kill a member of the rival 18th Street gang from the Maryland/Virginia area, identified as Victim-2. The plot involved a female associate of MS-13, identified in the superseding indictment as Co-Conspirator-3, befriending Victim-2, and then luring Victim-2 to the New Jersey area so that MS-13 members could execute Victim-2.
The indictment alleges that Victim-2 arrived in Hudson County around May 25, 2015 to visit Co-Conspirator-3. Upon Victim-2’s arrival, Escalante-Melgar ordered three MS-13 members to carry out the murder. The three MS-13 members allegedly offered to transport Victim-2 from a motel back to the Maryland/Virginia area and, at Escalante-Melgar’s direction, agreed to stab the victim to death at some point during the trip.
According to the indictment, the murder was foiled when Victim-2 – sensing that the MS-13 members intended harm – jumped from the backseat of the vehicle and escaped.
The Suspected Informant Murder Plot
As alleged in the superseding indictment, Salvadoran MS-13 leaders, including Linares-Rodriguez, issued a green light to kill a member of the Hudson Locotes clique suspected of assisting the authorities, identified as Victim-1. Linares-Rodriguez allegedly issued one green light after Victim-1 refused to carry out instructions to kill a member of the rival 18th Street gang in September 2014, and then issued a second green light when Victim-1 was suspected of assisting law enforcement in early 2015. Escalante-Melgar, Cruz-Diaz, and others discussed the kill order on Victim-1, as well as plans to carry out the kill order, which included assigning MS-13 members and/or associates to surveil Victim-1 in preparation for the murder.
Count one charges all six defendants with racketeering conspiracy. Count two charges Escalante-Melgar and Linares-Rodriguez with conspiracy to commit murder in aid of racketeering based on the May 2015 murder plot. Count three charges Escalante-Melgar, Cruz-Diaz, Sanchez-Aguilar, Rivera-Robles, and Garcia-Gomez with murder in aid of racketeering based on the July 1, 2015 murder. Count four charges all six defendants with conspiracy to commit murder in aid of racketeering based on the July 1, 2015 murder. Count five charges all six defendants with discharging a firearm during a crime of violence, and aiding and abetting that crime. Count six charges Escalante-Melgar, Cruz-Diaz, Sanchez-Aguilar, Rivera-Robles, and Garcia-Gomez with causing death through the use of a firearm based on the July 1, 2015 murder. Count seven charges Escalante-Melgar, Cruz-Diaz, and Linares-Rodriguez with conspiracy to commit murder in aid of racketeering based on the Suspected Informant Murder Plot. The arraignment has not been scheduled.
The investigation was conducted by the FBI, ICE Enforcement and Removal Operations, FBI-led Transnational Anti-Gang Unit, Hudson County Prosecutor’s Office and ICE’s Homeland Security Investigations. The Justice Department’s Office of International Affairs, the Justice Department’s Office of Prosecutorial Development Assistance and Training, the Union City Police Department, the West New York Police Department, and North Bergen Police Department also assisted in this investigation.
The case is being prosecuted by Trial Attorney Matthew Hoff of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Jamari Buxton of the U.S. Attorney’s Office for the District of New Jersey.
Seventh Member of “Manche Boy Mafia” Gang Sentenced to Six Years in Credit Card Fraud SchemeRead the Press Release
Tampa, FL – U.S. District Judge James S. Moody, Jr. today sentenced Johnnie Earl Ross (24, Tampa) to six years in federal prison for conspiracy to commit credit card fraud and aggravated identity theft. He pleaded guilty on February 8, 2018.
According to court documents and statements made in open court, from at least January 2015, through November 2016, Ross and others affiliated with the “Manche Boy Mafia” or “MBM” organization conspired to commit credit card fraud and identity theft in the Tampa Bay area. To facilitate the scheme, the conspirators purchased stolen credit and debit card account numbers online from various websites, some of which used bitcoins as their currency. They then purchased or stole reloadable gift cards and used machines to emboss the stolen account numbers and their own names onto the front of these altered gift cards, thereby producing counterfeit credit cards. The conspirators then used these counterfeit cards at various retailers around the Tampa Bay area to purchase gift cards and electronics, which they either kept or sold for cash.
Investigators determined that these individuals had engaged in hundreds of successful transactions with counterfeit credit cards, and had possessed and used thousands of stolen account numbers from individuals across the United States. In total, Ross was held responsible for more than $540,000 in intended or attempted purchases with counterfeit credit cards and stolen account information.
This case was investigated by the FBI and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Mandy Riedel.
Second Mesa Man Sentenced to 105 Months for Meth Trafficking on Hopi ReservationRead the Press Release
PHOENIX – Last week, Desmond Anthony Lomayaktewa, 27, of Second Mesa, Ariz., was sentenced by U.S. District Judge John J. Tuchi to 105 months’ imprisonment, to be followed by five years of supervised release. Lomayaktewa, an enrolled member of the Hopi Tribe, had previously pleaded guilty to four counts of possession with intent to distribute methamphetamine and one count of carrying a firearm during and in relation to a drug trafficking crime.
The charges to which Lomayaktewa pleaded guilty stemmed from four incidents in which Lomayaktewa was found possessing methamphetamine on the Hopi Indian Reservation, all between August 2016 and March 2017. Three times, Lomayaktewa possessed firearms as well. Lomayaktewa admitted that he sold methamphetamine on the Hopi Indian Reservation throughout this time period and that he carried firearms for protection during and in relation to his methamphetamine trafficking activity. In total, law enforcement seized over 300 grams of methamphetamine and four firearms from Lomayaktewa.
Lomayaktewa is the third defendant in recent months to receive a significant sentence for selling methamphetamine on the Hopi Indian Reservation. On March 5, 2018, Johnny Baird, 31, was sentenced to 20 months in prison. On April 2, 2018, Lawrence Maho, 54, a resident of Holbrook, Ariz. and an enrolled member of the Hopi Tribe, was sentenced to 30 months in prison.
The investigations in all three cases were conducted by the Federal Bureau of Investigation, the Bureau of Indian Affairs – Office of Justice Services (Hopi Agency), the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the U.S. Drug Enforcement Administration. The prosecutions were handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.
CASE NUMBER: CR-17-8115-PCT-JJT
RELEASE NUMBER: 2018-051_Lomayaktewa
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Saratoga Springs Man Arrested for Receipt of Child PornographyRead the Press Release
ALBANY, NEW YORK – Benjamin J. Varieur, age 33, of Saratoga Springs, New York, was arrested yesterday and charged today with receiving child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Varieur made an initial appearance in Albany before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending further proceedings.
The complaint filed against Varieur alleges that in March 2018, he used an encrypted messaging application on his phone to receive child pornography over the Internet. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted on all charges, Varieur faces a minimum 5 years and up to 20 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case is being investigated by the FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
RI Law Enforcement Attend Workshop on Providing Effective Services to Individuals with Hearing DisabilitiesRead the Press Release
PROVIDENCE, RI – As part of an ongoing series of law enforcement training programs offered by the United States Attorney’s Office, in collaboration with federal, state and local law enforcement agencies and organizations, approximately 100 members of local and state Rhode Island law enforcement representing nearly every police department in the state attended a workshop on Tuesday addressing Title II of the Americans with Disabilities Act. Title II of the Americans with Disabilities Act requires public entities such as law enforcement to ensure that their communications with people with hearing disabilities are as effective as their communications with people without disabilities.
The forum included an overview of what the American with Disabilities Act requires, presented by the United States Attorney’s Office and the Rhode Island Disability Law Center; several role-playing illustrations of practical ways to communicate with members of the community who are deaf or hard of hearing by two officers from the Washington D.C. Metropolitan Police Department; cultural competence and awareness of the deaf and hard of hearing language, culture and community by members of the Rhode Island Commission on the Deaf and Hard of Hearing; and a presentation and demonstration of technology options available to assist law enforcement to facilitate communication with members of the community who are deaf or hard of hearing by the Rhode Island Office of Rehabilitative Services.
“United States Attorney’s Office law enforcement training programs such as this one, the recently completed Anti-terrorism Advisory Council training program, and others, are offered to provide law enforcement with information to assist them to better serve and protect all citizens,” said United States Attorney Stephen G. Dambruch. “I applaud law enforcement from across the state for their continued commitment to attend these training programs.”
The Department of Justice Department has a number of publications available to assist entities to comply with the ADA, including Effective Communication, which provides guidance on the department’s regulations relating to communicating effectively with people who have vision, hearing or speech disabilities. For more information on the ADA and to access these publications, visit www.ada.gov ADA questions or complaints, and requests for training programs, may be sent to the United States Attorney’s Office in Rhode Island by email at [email protected]
United States Attorney Stephen G. Dambruch acknowledges and thanks Assistant U.S. Attorney Amy R. Romero, the Rhode Island Disability Law Center, Rhode Island Commission on the Deaf and Hard of Hearing, Rhode Island Police Accreditation Commission, Rhode Island Relay, and Rhode Island Interlocal Risk Management Trust for their assistance in organizing and presenting this training program.
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Private Investigator Receives 18-Month Prison Sentence for Illegally Using the President's Social Security Number in an Attempt to Obtain Federal Tax InformationRead the Press Release
BATON ROUGE, LA – United States Attorney Brandon J. Fremin announced that U.S. District Judge John W. deGravelles sentenced JORDAN HAMLETT, age 32, to eighteen (18) months in federal prison and two years of supervised release following his conviction for false representation of a social security number. HAMLETT was also ordered to pay $14,794.96 in restitution to the U.S. Department of Education and a $100 special assessment.
As the defendant previously admitted in connection with his guilty plea, on September 13, 2016, less than two months before the November 2016 election, the defendant used the President’s social security number to begin an online Free Application for Federal Student Aid (“FAFSA”). After beginning the FAFSA, HAMLETT unlawfully used the Internal Revenue Service’s Data Retrieval Tool in an unsuccessful attempt to obtain the President’s federal tax information from IRS servers. The defendant made six separate attempts to obtain the protected information.
U.S. Attorney Fremin stated, “Attempts to obtain federal tax information of any American through fraudulent or deceptive practices by illegally using personal identifying information will not be tolerated. Every American up to and including the President of the United States should enjoy a certain level of comfort knowing that his personal identifying information is not being used for illicit purposes. This office, together with our local, state and federal law enforcement partners, will continue to aggressively pursue those engaged in identity theft and cybercrime. Today’s sentence should send a strong signal to those who would misuse the identities of others that identity theft and the misrepresentation of a Social Security number are serious crimes that carry serious consequences. I commend TIGTA, DOE-OIG, FBI, SSA-OIG, and our prosecutors for their outstanding collective efforts on this important matter.”
“The protection of confidential taxpayer information is among the most important responsibilities of the Internal Revenue Service and my agency," said J. Russell George, the Treasury Inspector General for Tax Administration. “Mr. Hamlett’s sentencing should serve as a reminder to those who attempt to steal sensitive taxpayer information that they will be held accountable. TIGTA would like to thank the U.S. Attorney’s Office and our law enforcement partners at the FBI and Education-OIG for their assistance with this successful prosecution.”
“This sentence underscores the seriousness with which the U.S. Government takes the unauthorized access of its protected computer systems and the misuse of personally identifiable information,” said Robert Mancuso, Special Agent in Charge of the U.S. Department of Education, Office of Inspector General, Technology Crimes Division, the OIG unit that works to protect U.S. Department of Education programs and network infrastructure by investigating technology crimes. “The OIG and our law enforcement partners will continue to aggressively pursue anyone who unlawfully accesses or abuses protected Department of Education data systems.”
FBI Special-Agent-in-Charge Eric J. Rommal stated, “The FBI will vigorously investigate criminals who exploit government information systems using other’s personally identifiable information, in full cooperation with our law enforcement stakeholders."This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the Treasury Inspector General for Tax Administration, the U.S. Department of Education—Office of Inspector General’s Technology Crimes Division, and the Federal Bureau of Investigation. The case received valuable contributions from the United States Social Security Administration and the Social Security Administration’s Office of Inspector General. It is being prosecuted by Assistant United States Attorneys Ryan Rezaei and Alan Stevens.
The U.S. Attorney’s Office—Cyber Security Initiative
In early 2016, the U.S. Attorney’s Office for the Middle District of Louisiana launched a new Cyber Security Initiative. The initiative brings together resources from the U.S. Department of Justice’s Computer Crimes and Intellectual Property Section, the Federal Bureau of Investigation’s Cyber Division, the U.S. Secret Service, the U.S. Department of Homeland Security, the U.S. Department of Treasury (including both the Internal Revenue Service’s Criminal Investigations Division and the Treasury Inspector General for Tax Administration), the U.S. Department of Education, the Louisiana State Police, the East Baton Rouge Parish Sheriff’s Office, the East Baton Rouge Parish District Attorney’s Office, and other federal, state, and local agencies.
Through a law enforcement working group, the initiative assembles agents and other personnel from across Louisiana and the region to assess and share information about incoming reports of cyber incidents affecting the Middle District, and evaluate law enforcement’s response. The initiative also includes a significant investment in outreach aimed at fostering greater collaboration between private industry and law enforcement and encouraging immediate reporting of cyber incidents. Team members routinely contribute to InfraGard Louisiana, a partnership between the FBI and the private sector that works to protect critical infrastructure.
For more information about the U.S. Attorney’s Office’s Cyber Security Initiative, please contact Assistant U.S. Attorney Ryan Rezaei at (225) 389-0443.
Possession of a Stolen Gun Sends Man to Federal Prison for over Six YearsRead the Press Release
A man who possessed a stolen gun, while also in the possession of marijuana and cocaine that he intended to sell, was sentenced today to more than six years in federal prison.
Abraham Johnson, Jr., age 27, from Cedar Rapids, Iowa, received the prison term after a January 2, 2018, guilty plea to possession of a firearm as a felon and drug user and possession of a firearm in furtherance of a felony drug trafficking crime.
In a plea agreement, Johnson admitted that, during a traffic stop in December 2016, police found marijuana, cocaine, and a revolver in Johnson’s backpack. Johnson admitted that he knew the revolver was stolen. Johnson acknowledged that he was going to sell the marijuana and cocaine, and that he carried the revolver to protect the drugs. Johnson also admitted that he has a prior felony conviction for willful injury resulting in bodily injury, and that he was an unlawful user of marijuana.
Johnson was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Johnson was sentenced to 75 months’ imprisonment. He must also serve a 2-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.
Johnson 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 Justin Lightfoot and investigated by the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-93.
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Philadelphia-Area Political Consultant Pleads Guilty to Tax EvasionRead the Press Release
PHILADELPHIA – A Philadelphia-area political consultant today admitted evading taxes on $393,359 in income from his consulting business, U.S. Attorney Craig Carpenito announced.
William R. Miller V, 44, of Glenside, Pennsylvania, pleaded guilty before U.S. District Judge Joel H. Slomsky to an information charging him with one count of federal tax evasion.
According to documents filed in this case and statements made in court:Miller sought to evade federal income taxes by failing to file tax returns as required under federal law, and by concealing income when he finally did file returns, for tax years 2010 through 2014. During that time, Miller cashed numerous checks issued to him for his Philadelphia-area political consulting work and deposited only a portion of the proceeds into bank accounts. After learning of the IRS investigation, Miller tried to conceal his income in March 2016 by filing federal tax returns for 2010 through 2014, which themselves were false. In all, Miller attempted to evade taxes on $393,359 in personal income, resulting in a $94,233 tax loss to the IRS for tax years 2010 through 2014.
The tax evasion charge is punishable by a maximum potential penalty of five years in prison and a potential fine of $250,000 or twice the gross gain or loss from the offense. Sentencing is scheduled for Aug. 13, 2018.
U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, Philadelphia Field Office, under the direction of Acting Special Agent in Charge Guy Ficco; special agents of the FBI, Philadelphia Division, under the direction of Special Agent in Charge Michael Harpster; and special agents of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigation (HSI) Philadelphia, under the direction of Special Agent in Charge Marlon V. Miller, with the investigation leading to today’s guilty plea.
The U.S. Attorney in the Eastern District of Pennsylvania previously recused his office from an investigation involving former Philadelphia District Attorney Rufus Seth Williams, and supervision of that matter was assigned to the U.S. Attorney’s Office for the District of New Jersey. During that separate investigation, Miller’s tax evasion was discovered, and his prosecution is also being supervised by the District of New Jersey. Two prosecutors from the Eastern District of Pennsylvania are assigned to the case, subject to the supervision of the District of New Jersey.
The government is represented by Eric W. Moran, Chief of the Criminal Division-South of the U.S. Attorney’s Office for the District of New Jersey, and Chief of Appeals Robert A. Zauzmer and Assistant U.S. Attorney Vineet Gauri of the U.S. Attorney’s Office for the Eastern District of Pennsylvania.
Defense counsel: Angie Halim Esq., Philadelphia
Panama City Beach Man Sentenced to 204 Months in Prison for Online Child Exploitation OffensesRead the Press Release
PANAMA CITY, FLORIDA – Brandon Royce Phillips, 34, of Panama City Beach, was sentenced yesterday in the U.S. District Court in Panama City to 204 months in prison after being convicted on January 23 of production, receipt, and possession of child pornography. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
During the one and a half day trial, the government presented evidence that, in November 2016, the grandmother of a 14-year-old boy advised the Clay County Sheriff’s Office that an unknown person had sent the boy sexually graphic videos during chats on Kik, a social media application. The investigation disclosed that Phillips, posing as a 17-year-old female named “Katie Davis,” had sent the boy pornographic videos of a female that Phillips claimed to be “Davis.” Phillips then convinced the boy to take sexually explicit videos of himself and send them to Phillips via Kik. Further investigation revealed videos of other children engaged in the same sexually explicit conduct.
U.S. Attorney Canova said: “This sentence is another warning that the exploitation of our community’s children will not be tolerated. Our office will continue its aggressive work with our federal and local law enforcement partners to combat and prosecute those who prey upon the innocence of a child.”
“Let this serve as a reminder that child predators hide behind false identities on social media applications,” said HSI Tampa Special Agent in Charge James C. Spero. “Thanks to HSI special agents and our partners at the Clay and Bay County Sheriff’s Offices, we have stopped another criminal from abusing children online.”
“The Bay County Sheriff's Office is glad to partner with other agencies to put criminals where they can no longer prey upon children,” Sheriff Tommy Ford said. “By working together, we are the most effective at keeping our children safe.”
The case was investigated by United States Immigration and Customs Enforcement Homeland Security Investigations, the Bay County Sheriff’s Office, and the Clay County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Christopher J. Thielemann.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Oak Hill Man Pleads Guilty to Federal Firearms ChargeRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that an Oak Hill man pled guilty to a gun charge in federal court in Beckley. Jordan Goard, 27, pled guilty to being a felon in possession of a firearm. Stuart applauded the efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the United States Marshal Service CUFFED Task Force.
“Law-abiding citizens with guns is a right I’ll fight for but felons with guns are a danger to our law enforcement officers and the public,” said United States Attorney Mike Stuart. “That’s why we are committed to prosecuting as many of these cases as law enforcement can bring us.”
He admitted that on February 2, 2017, after a foot pursuit in Beckley, law enforcement agents apprehended him and found that he was carrying a pistol. At that time he was prohibited from possessing a firearm by virtue of two felony convictions in Fayette County in 2014—one for delivery of heroin and one for possession with intent to deliver marijuana. Goard faces up to 10 years in prison when he is sentenced on August 1, 2018.
Assistant United States Attorney John File is prosecuting the case. United States District Judge Irene C. Berger presided at the plea hearing.
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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Nicholson Man Sentenced to 240 Months in Prison for Drug Possession and Failure to AppearRead the Press Release
Gulfport, Miss. – Carl Hodge, Jr., 37, of Nicholson, Mississippi, was sentenced on April 17, 2018, by U.S. District Judge Louis Guirola, Jr., to serve 240 months in federal prison, followed by five years of supervised release, for possession with intent to distribute methamphetamine and failure to appear, announced U.S. Attorney Mike Hurst and Assistant Special Agent in Charge Derryle Smith with the Drug Enforcement Administration (DEA). Coles was also ordered to pay a $5,000 fine.
On October 21, 2015, Hodge was arrested after he sold methamphetamine to a DEA confidential source in Gulfport, Mississippi. He was indicted on April 5, 2016, and released on a $25,000 unsecured bond with pretrial supervision. On June 16, 2016, a warrant was issued for Hodge’s arrest after he failed to submit to supervision, and his whereabouts were unknown.
An investigating Deputy U.S. Marshal conducted database research and discovered that Hodge had ties to Picayune, Mississippi; Nicholson, Mississippi; and Pearl River, Louisiana. The Deputy Marshal spoke with Hodge’s federal probation officer, who advised that Hodge also had ties to Mexico. During the course of the investigation, it was discovered that Hodge, Jr. was in Veracruz, Mexico. He was arrested on March 24, 2017, and deported from Mexico to the United States. He was indicted for failure to appear on September 7, 2017. On November 21, 2017, he pled guilty to possession with intent to distribute methamphetamine and failure to appear.
The case was investigated by the Southern Mississippi Metro Enforcement Team, the U.S. Marshals Service, and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Shundral H. Cole.
New Orleans Man Sentenced for Bank RobberyRead the Press Release
U.S. Attorney Duane A. Evans announced that LESTER MALAVA, age 57, of New Orleans, was sentenced today by the Honorable Kurt D. Engelhardt, Chief Judge of the United States District Court for the Eastern District of Louisiana, for bank robbery.
According to court papers, MALAVA robbed the Capital One Bank at 3540 St. Charles Avenue in New Orleans on August 21, 2017. MALAVA was identified on an FBI tip line and later turned himself in to authorities. Chief Judge Engelhardt sentenced MALAVA to 12 months in prison and three years of supervised release. MALAVA was also ordered to repay $3,500 to Capital One Bank.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant U.S. Attorney David Haller is in charge of the prosecution.
New Bedford Man Sentenced for Federal Drug CrimeRead the Press Release
BOSTON – A New Bedford man was sentenced today in federal court in Boston for aiding and abetting the distribution of methamphetamine.
Alexander Gomes, 27, was sentenced by U.S. District Court Judge Denise J. Casper to 22 months in prison and three years of supervised release. In December 2017, Gomes pleaded guilty to one count of aiding and abetting the distribution of methamphetamine.
On Dec. 12, 2016, Gomes accompanied co-defendant Peter Lobo to a meeting in Revere with an undercover agent posing as a Maine methamphetamine dealer. At that meeting, Lobo distributed a half pound sample of methamphetamine to the agent. Lobo then introduced Gomes, and explained that the undercover agent could meet with Gomes in the future if Lobo was out of town. Two days later, Gomes again accompanied Lobo to Revere, where Lobo received payment from the agent of $4,000 for the half pound, and distributed an additional four pounds of methamphetamine to the agent. Lobo and Gomes were arrested shortly after they began to drive away. At the time of their arrest, Lobo had $3,000 in his pocket and Gomes had $1,000 hidden in his sock. Subsequent drug analysis determined that the substance consisted of approximately 1,777 grams of 99% pure d-methamphetamine hydrochloride, also known as “Ice.”
Lobo pleaded guilty to distributing methamphetamine; on Nov. 29, 2017, he was sentenced to five years in prison.
United States Attorney Andrew E. Lelling and Albert Angelucci, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Office, made the announcement today. Assistant U.S. Attorney Theodore B. Heinrich of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Navajo Woman Sentenced for Federal Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Bryana Agnes Henio, 30, an enrolled member of the Navajo Nation who resides in Little Water, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison for her involuntary manslaughter conviction. She will be on supervised release for three years after completing her prison sentence.
Henio was arrested in Oct. 2017, on a criminal complaint charging her with involuntary manslaughter. According to the complaint, Henio killed a man by hitting him with a vehicle on Sept. 8, 2017, on the Navajo Indian Reservation in McKinley County, N.M. At the time Henio ran over the victim, Henio was driving under the influence of alcohol.
On Nov. 20, 2017, Henio pled guilty to a felony information charging her with involuntary manslaughter, and admitted killing the victim by driving recklessly while under the influence of alcohol. Henio acknowledged that the alcohol rendered her incapable of exercising clear judgment and a steady hand in operating the vehicle.
This case was investigated by the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Joseph M. Spindle prosecuted the case.
Navajo Man from Shiprock Sentenced to 78 Months in Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Christian Begay, 29, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 78 months in prison for his assault conviction. Begay will be on supervised release for three years after completing his prison sentence.
Begay was arrested on May 26, 2016, on a criminal complaint charging him with shooting a Navajo man on May 21, 2016. The complaint stated that the victim suffered severe damage to the pelvic bone and required hospitalization.
Begay was indicted on June 15, 2016, and was charged with assault with a dangerous weapon, a firearm, with intent to do bodily harm; assault resulting in serious bodily injury; and using and carrying a firearm in furtherance of a crime of violence. According to the indictment, Begay committed the crimes on May 21, 2016, on the Navajo Indian Reservation in San Juan County, N.M.
On Aug. 22, 2017, Begay pled guilty to a felony information charging him with assault with intent to commit murder. In entering the guilty plea, Begay admitted that on May 21, 2016, he assaulted the victim with a dangerous weapon, a firearm, by shooting the victim with the intention of murdering the victim.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Raquel Ruiz-Velez.
Navajo Man from San Juan County Sentenced to Prison for Assaulting Federal Law Enforcement OfficerRead the Press Release
ALBUQUERQUE – Emory Werito, 41, an enrolled member of the Navajo Nation who resides in Nageezi, N.M., was sentenced today in federal court in Albuquerque, N.M., to 36 months in prison for assaulting a federal law enforcement officer. Werito will be on supervised release for three years after completing his prison sentence.
Werito was arrested on Aug. 24, 2017, on a criminal complaint charging him with assaulting and resisting a federal law enforcement officer. According to the complaint, on Aug. 16, 2016, the U.S. Marshals Service and San Juan County Sheriff’s Office attempted to execute an arrest warrant on Werito. As the officers were executing a traffic stop on Werito, he backed his vehicle into a vehicle driven by a Deputy U.S. Marshal and almost hit another Deputy U.S. Marshal while Werito was attempting to evade arrest.
On Oct. 31, 2017, Werito pled guilty to a felony information charging him with assaulting a federal officer. In entering the guilty plea, Werito admitted that on Aug. 16, 2016, he drove a vehicle toward a Deputy U.S. Marshal engaged in the performance of his official duties.
This case was investigated by the Farmington office of the FBI, the U.S. Marshals Service, and the San Juan County Sheriff’s Office. Assistant U.S. Attorney Joseph M. Spindle prosecuted the case.
Moss Point Man Sentenced to Five Years in Prison for Possession of CocaineRead the Press Release
Gulfport, Miss. – Derrick D’Angelo Edwards, 41, of Moss Point, Mississippi, was sentenced today by U.S. District Judge Louis Guirola, Jr. to 60 months in federal prison followed by 5 years of supervised release for possession with intent to distribute more than 500 grams of cocaine, announced U.S. Attorney Mike Hurst and FBI Special Agent in Charge Christopher Freeze. Edwards was also ordered to pay a $5,000 fine.
On September 14, 2017, Edwards was stopped by an agent with the South Mississippi Metro Enforcement Team (SMMET) for a traffic violation. As the agent and a Jackson County Sheriff’s Deputy approached Edward’s vehicle, the deputy observed an object being thrown from the passenger’s side window. Edwards was the only person in the vehicle. The agent was able to determine that Edwards tossed two "bricks" of cocaine that weighed 1,985 grams. Upon searching the vehicle, they also located $19,029.00. Edwards pled guilty on January 11, 2018.
The case was investigated by the FBI Safe Streets Task Force, the SMMET, and the Jackson County Sheriff’s Office. It was prosecuted by Assistant U.S. Attorney Kathlyn Van Buskirk.
Morris County, New Jersey, Woman Charged with Smuggling American Aircraft Components to Iranian Airline CompaniesRead the Press Release
NEWARK, N.J. - A Morristown, New Jersey, woman appeared in federal court today to face charges for her alleged role in an international procurement network that smuggled over $2 million worth of aircraft components from the United States to Iran in violation of export control laws, U.S. Attorney Craig Carpenito announced.
Joyce Eliabachus, a/k/a “Joyce Marie Gundran Manangan,” 55, a naturalized U.S. citizen born in the Philippines, was arrested at her home on April 24, 2018, following a joint investigation by the U.S. Department of Homeland Security, Homeland Security Investigations (HSI) and the U.S. Department of Commerce, Office of Export Enforcement.
Eliabachus is charged in a three-count criminal complaint with conspiracy to violate the Iranian Transactions and Sanctions Regulations (ITSR), conspiracy to commit money laundering, and conspiracy to smuggle goods from the United States. She made her initial appearance this afternoon before U.S. Magistrate Judge Mark Falk in Newark federal court and was released on $100,000 unsecured bond with home confinement.
According to the complaint:
Eliabachus – the principal officer and operator of Edsun Equipments LLC, a purported New Jersey-based aviation parts trading company run out of her Morristown residence – is allegedly part of a sophisticated procurement network that has secretly acquired large quantities of license-controlled aircraft components from U.S. manufacturers and vendors, and exported those parts to Iran through freight-forwarding companies located in the United Arab Emirates (UAE) and Turkey, in violation of U.S. export control laws.
From May 2015 through October 2017, Eliabachus and her conspirators facilitated at least 49 shipments containing a total of approximately 23,554 license-controlled aircraft parts from the U.S. to Iran, all of which were exported without the required licenses.
Eliabachus conspired with the owner of an Iranian-based procurement firm, identified in the complaint as “CC-1,” whose international network helped initiate the purchase of U.S.-origin aircraft components on behalf of CC-1’s clients in Iran. The network’s client list was comprised of Iranian airline companies, several of which have been officially designated by the U.S. government as posing a threat to the country’s national security, foreign policy, or economic interests, including Mahan Air Co., Caspian Airlines, and Kish Air, among others.
Using Edsun Equipment in New Jersey, Eliabachus finalized the purchase and acquisition of the requested components from the various U.S.-based distributors. She then re-packaged and shipped the components to shipping companies in the UAE and Turkey, including Parthia Cargo and Reibel Tasimacilik Ve Tic A.S., where her Iranian conspirators directed trans-shipment of the components to locations in Iran.
In order to obscure the extent of the network’s procurement activities, Eliabachus routinely falsified the true destination and end-user of the aircraft components she acquired. She also falsified the true value of the components being exported in order to evade the necessity of filing export control forms, which further obscured the network’s illegal activities from law enforcement.
The funds for the illicit transactions were obtained from the various Iranian purchasers, funneled through Turkish bank accounts held in the names of various shell companies controlled by the Iranian conspirators, and ultimately transferred into one of Edsun Equipments’ U.S.-based accounts. The network’s creation and use of multiple bank accounts and shell companies abroad was intended to conceal the true sources of funds in Iran, as well as the identities of the various Iranian entities who were receiving U.S. aircraft components.
“Eliabachus and others allegedly ran an international smuggling ring that shipped $2 million in aircraft parts to multiple Iranian airlines, including an airline that has provided financial, material, and technological support to the Islamic Revolutionary Guard Corps,” U.S. Attorney Carpenito said. “This arrest, which was made possible by a close collaboration between our office and its partners at Homeland Security Investigations and the Office of Export Enforcement, has snuffed out another source of funds and goods to overseas entities that may endanger our national and economic security.”
“Today’s action is the result of outstanding collaborative efforts by the Office of Export Enforcement, the Justice Department, and Homeland Security Investigations,” Special Agent in Charge Jonathan Carson of the Office of Export Enforcement said. “This arrest will cut-off a key supplier to a proliferation network which illegally sold U.S. origin items to Iran. Violations such as these jeopardize national security and undermine U.S. foreign policy. We will continue to vigorously pursue violators wherever they may be.”
“HSI is committed to leveraging its broad jurisdiction to prevent the illegal exportation of controlled items,” said Brian Michael, Acting Special Agent in Charge for HSI Newark. “This investigation is a culmination of an extensive joint law enforcement effort to dismantle a criminal enterprise. HSI will continue to pursue complex criminal investigations while using our unique statutory authorities to prevent smuggling operations like this that threaten national security.”
The charge of conspiracy to violate the ITSR carries a maximum penalty of 20 years in prison and a $1 million fine. The charge of conspiracy to commit money laundering carries a maximum penalty of 20 years in prison and a $500,000 fine. The charge of conspiracy to smuggle goods carries a maximum penalty of five years in prison and a $250,000 fine.
U.S. Attorney Carpenito credited special agents of Department of Homeland Security, Homeland Security Investigations, under the direction of Acting Special Agent in Charge Michael in Newark, and the U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, under the direction of Special Agent in Charge Carson in New York, with the investigation. He also thanked officers of the Morristown Police Department, under the direction of Chief Peter Demnitz, for their assistance.
The government is represented by Assistant U.S. Attorneys Dennis C. Carletta of the U.S. Attorney’s Office National Security Unit and Sarah Devlin of the office’s Asset Recovery and Money Laundering Unit, with assistance from the Department of Justice’s National Security Division, Counterterrorism Section.
Defense counsel: John Yauch Esq., Federal Public Defender, Newark
Mississippi felon pleads guilty to possessing rifle in car after Delhi, La traffic stopRead the Press Release
MONROE, La. – United States Attorney David C. Joseph announced that a Mississippi resident pleaded guilty Tuesday to illegal possession of a rifle and ammunition after being stopped for speeding in Dehli.
Terrance Deon Jordan, 35, of Terry, Mississippi, pleaded guilty before U.S. District Judge S. Maurce Hicks Jr. to one count of possession of a firearm by a convicted felon. According to the guilty plea, a Louisiana State Police trooper pulled over Jordan’s vehicle on June 2, 2017 in Dehli, Louisiana, for speeding 104 miles per hour in a 70-mile-an-hour zone. The trooper saw a rifle with a shortened stock in the driver’s seat next to Jordan’s right leg when he approached the vehicle. The firearm was later identified as a Norinco rifle: SKS; caliber: .223; and the trooper also found ammunition. Jordan is a felon who was convicted in Mississippi on multiple charges.
Jordan faces up to 10 years in prison, three years of supervised release, a $250,000 fine and forfeiture of the seized weapons. The court set sentencing for August 29, 2018.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The ATF and Louisiana State Police conducted the investigation. Assistant U.S. Attorney J. Aaron Crawford is prosecuting the case.
Milford Man Sentenced to 7½ Years for Stealing and Illegally Possessing FirearmsRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Travis J. Stinson, 40, of Milford, Maine was sentenced today in U.S. District Court by John A. Woodcock, Jr. to 7½ years in prison and three years of supervised release for stealing firearms from a licensed firearms dealer and for being a felon in possession of firearms. He was also ordered to pay $3,657 in restitution. Stinson pleaded guilty on July 21, 2017.
Court records reveal that on October 12, 2016, Stinson enlisted the aid of an accomplice to steal guns from a Bangor pawn shop in exchange for heroin. Stinson drove his accomplice to the vicinity of the pawn shop. His accomplice broke a window at the pawn shop, took 16 handguns --15 of which were semi-automatic pistols -- and absconded. Stinson drove the getaway car. Stinson was prohibited from possessing firearms because of felony theft convictions in Kentucky.
The investigation was conducted by the Bangor Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Miami-Dade County Resident Sentenced to 65 Months in Prison for Structuring and Money LaunderingRead the Press Release
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida; Antonio J. Gomez, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Division; Adolphus P. Wright, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Miami Field Division; Juan J. Perez, Director, Miami-Dade Police Department (MDPD); and Michael J. DePalma, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announced that resident Luis Hernandez-Gonzalez was sentenced today to 65 months in prison and has agreed to forfeit over $18 million, following his money laundering conviction.
On February 7, 2018, Hernandez-Gonzalez, 45, of Miami Lakes, pled guilty to one count of conspiracy to commit money laundering, in violation of Title l8, United States Code, Section 1956(h), and one count of causing and attempting to cause a financial institution to fail to file a currency transaction reports as part of a pattern of criminal activity involving more than $100,000 in a twelve-month period, in violation Title 31, United States Code, Section 5324(a)(1) and(d)(2. Hernandez-Gonzalez was sentenced to 65 months, forfeiture of $18,000,000.00 in seized U.S. currency and $42,051.00 in seized blank money orders, by U.S. District Court Judge Robert N. Scola.
“Those who seek to deceptively circumvent established financial reporting requirements will be called to pay for their misdeeds, by forfeiting the monies acquired through their illicit conduct,” stated U.S. Attorney Benjamin Greenberg. “The U.S. Attorney’s Office and our federal, state and local partners will continue to target for prosecution those who launder money, including narcotics trafficking proceeds, through our banking systems and the U.S. Postal Service.”
"The primary mission of the U.S. Postal Inspection Service is the protection of our employees, our customers, and, thus, our communities to ensure that the Postal Service is not used to avoid federal reporting requirements or launder drug trafficking proceeds,” said Miami Division Inspector in Charge Antonio J. Gomez. "This case is an excellent example of the partnerships we have established across federal and state jurisdictions to help us fulfill that mission."
“The sentencing of Luis Hernandez-Gonzalez puts a final end to his money laundering operation,” said DEA Special Agent in Charge Adophus P. Wright. “This case is a result of the strong partnership and working relationship with our law enforcement partners.”
“Structuring financial transactions to avoid currency reporting requirements is a criminal violation of federal law under the Bank Secrecy Act (BSA). Today's sentencing is a reminder that there are serious consequences for this type of criminal behavior,” stated Michael J. DePalma, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI). “We will continue to work with our law enforcement partners to unravel this and other complex financial transactions and money laundering schemes where individuals attempt to conceal the true source of their income and deliberately avoid BSA requirements.”
From on or about January 2, 2010, to on or about June 28, 2016, Hernandez-Gonzalez knowingly made deposits or purchased money orders with over $17,700,000 in United States currency in a manner designed to avoid the Department of Treasury Currency Transaction Report (CTR) filing requirement. These deposits and money order purchases were made at banks or United States Postal Service branches and were part of a pattern of criminal activity involving more than $100,000 in a twelve-month period.
From April through June 2016, Hernandez-Gonzalez assisted marijuana traffickers to cultivate their products. During a search warrant in Tennessee, law enforcement discovered approximately 242 marijuana plants. Hernandez-Gonzalez deposited funds that he received from the Tennessee marijuana trafficking activity into business bank accounts he controlled or he purchased USPS money orders with the narcotics proceeds. The deposits and money order purchases were conducted in a manner that was designed to conceal and disguise, in whole or in part, the nature, the location, the source, the ownership and the control of the proceeds of specified unlawful activity, or to knowingly evade the CTR filing requirement on the receipt of the marijuana trafficking funds.
On June 28, 2016, pursuant to an investigation into the defendant’s criminal conduct, law enforcement seized over $21 million from Hernandez-Gonzalez’s residence - the majority of which were contained in orange buckets inside a hidden compartment in the attic and walls. In addition, law enforcement seized over $665,000 in currency and $42,000 in money orders from the defendant's Miami business.
In total, $17,700,000 in currency and more than $42,000 in postal money orders were funds/property involved in, or traceable to the evasion of the CTR reporting requirement. Of that amount, $300,000 was involved in, or traceable to transactions Hernandez-Gonzalez received from the Tennessee marijuana traffickers.
This prosecution is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (“OCDETF”), a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate, and prosecute members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
Mr. Greenberg commended the investigative efforts of USPIS, DEA, MDPD and IRS-CI. Mr. Greenberg thanked the DEA – Nashville District Office for their assistance with this matter. This case was prosecuted by Assistant United States Attorney Timothy Abraham. Assistant United States Attorney Evelyn B. Sheehan is handling the forfeiture proceedings.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Methamphetamine Distributor Sentenced to 240 Months in Federal PrisonRead the Press Release
AMARILLO, Texas — This afternoon, U.S. District Judge Sidney A. Fitzwater sentenced Noel Cuellar, 37, of Amarillo, Texas, for his role in a methamphetamine distribution conspiracy that operated in the Amarillo area, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
Cuellar pleaded guilty in January 2018 to one count of distribution and possession with intent to distribute methamphetamine. He has been in custody since the time of indictment in November 2017.
According to the plea agreement factual resume, on May 5, 2015, Texas Department of Public Safety (DPS) Criminal Investigations Division agents executed a search warrant on Jammie Lee Moore’s residence located in Amarillo, Texas. DPS agents located approximately nine pounds of methamphetamine and $10,000 in United States Currency in a Chevrolet pickup parked outside Moore’s residence and that agents had previously seen Moore driving.
Through further investigation, law enforcement learned that Cuellar had previously distributed this methamphetamine to Moore. Cuellar admitted to distributing pound quantities of methamphetamine for further distribution in the Amarillo area.
The Texas Department of Public Safety Criminal Investigations Division, Drug Administration Enforcement and Federal Bureau of Investigation investigated. Assistant U.S. Attorney Joshua Frausto was in charge of the prosecution.
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Mass. Man Pleads Guilty to Traveling Interstate to Engage in Sex with a MinorRead the Press Release
PROVIDENCE, RI – A Brockton, MA, man pleaded guilty in federal court in Providence, RI, on Tuesday to traveling interstate on multiple occasions to engage in illicit sex with a 15-year-old minor he met on an online forum.
Andy Joseph, 24, pleaded guilty to two counts of traveling interstate with the intent to engage in illicit sexual conduct, announced United States Attorney Stephen G. Dambruch, Acting Special Agent in Charge of Homeland Security Investigations for New England Michael S. Shea, and Pawtucket Police Chief Tina Goncalves.
Appearing before U.S. District Court Chief Judge William E. Smith on Tuesday, Joseph admitted to the Court that in June 2016, after meeting the victim in an online forum, he traveled from Massachusetts to Rhode Island, engaging in illegal sex acts with the victim and causing her to become engaged in commercial sex acts that took place in Massachusetts and Rhode Island. Joseph did this by advertising the victim for commercial sexual purposes on the website Backpage.com. These ads, paid for by Joseph, contained a cell phone number to call for the sexual services, as well as actual pictures of the 15 year-old victim. This activity continued until Joseph’s arrest on December 1, 2016.
Joseph, who has been detained since his arrest, is scheduled to be sentenced on July 20, 2018. Traveling interstate to engage in illicit sexual conduct is punishable by statutory penalties of up to 30 years in federal prison, 5 years to lifetime years supervised release, and a fine of up to $250,000.
The case is being prosecuted by Assistant U.S. Attorney Terrence P. Donnelly. The matter was investigated by Homeland Security Investigations and Pawtucket Police.
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Manchester Man Charged with Child Pornography OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that LUQMAN GOTTI, formerly known as Timothy Pennington, 37, of Manchester, has been charged by federal criminal complaint with receiving and soliciting child pornography.
GOTTI appeared this morning before U.S. Magistrate Judge Robert A. Richardson in Hartford. GOTTI has been in state custody since November 13, 2017, when he was arrested on related state charges.
According to the criminal complaint, on June 14, 2017, GOTTI and a 13-year-old boy were communicating through the Kik messaging application after GOTTI responded to an ad the boy had posted on Craigslist. After the boy informed GOTTI that he was 14 years old, GOTTI asked the boy for pictures and sent the boy a sexually explicit image. In return, the boy sent sexually explicit pictures himself to GOTTI. Later in the conversation, GOTTI told the boy “I already went to jail over a 14 year old not trying to go through that again.” GOTTI then asked the boy for more sexually explicit pictures. In response, the boy sent GOTTI another sexually explicit photograph and video of himself.
The complaint further alleges that GOTTI has a prior felony conviction under the name Timothy Pennington in the state of Connecticut for second degree sexual assault of a 14-year-old girl. According to the complaint, GOTTI legally changed his name from Timothy Pennington.
If convicted, GOTTI faces a mandatory minimum term of imprisonment of 15 years, a maximum term of imprisonment of 30 years, and a fine of up to $250,000. The penalties in this matter are enhanced based on GOTTI’s criminal history.
U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation and the Manchester Police Department. The case is being prosecuted by Assistant U.S. Attorney Neeraj N. Patel.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Long Island Pediatrics Practice Agrees to Pay $750,000 to Settle False Claims Act Suit Alleging Improper Billing PracticesRead the Press Release
Long Island-based pediatrics practice Freed, Kleinberg, Nussbaum, Festa & Kronberg M.D., LLP, doing business as Pediatrics and Adolescent Medicine (the “Practice”), as well as current and former partner physicians of the Practice, including Arnold W. Scherz, M.D., Mitchell Kleinberg, M.D., Michael Nussbaum, M.D., Robert Festa, M.D., and Jason Kronberg, D.O. (“Partners”), have agreed to pay $750,000 to resolve allegations that they billed the Medicaid Program for services provided by physicians who were not enrolled in the program. The settlement, which resolved government claims under the federal False Claims Act and the New York State False Claims Act, was approved by United States District Judge Joanna Seybert.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the settlement.
“Providers serving Medicaid beneficiaries must be properly credentialed and thoroughly vetted to ensure that proper care is provided and to preserve the integrity of the Medicaid Program, which serves our neediest citizens,” stated United States Attorney Donoghue. “Today’s settlement reflects this Office’s commitment to safeguarding taxpayer programs like Medicaid by vigorously investigating allegations of fraud in False Claims Act cases.”
Mr. Donoghue thanked the Medicaid Fraud Control Unit of the Office of the New York State Attorney General for its assistance in the investigation.
The government’s investigation revealed that, from July 1, 2004 through December 31, 2010, the Practice and Partners employed a number of physicians who were not enrolled in the Medicaid Program who provided care to Medicaid patients. Because the physicians were not enrolled in the program, the Practice and Partners could not seek reimbursement from Medicaid for the services provided by these physicians. The defendants nonetheless did so by submitting requests for payment under the Partners’ Medicaid provider identification numbers, thereby misrepresenting the identities of the individuals who were actually providing treatment to the Practice’s pediatric Medicaid beneficiaries. This improper billing practice occurred at many of the Practice’s Long Island locations, including facilities in Holbrook, Port Jefferson, Shirley and Wading River.
The allegations were brought to the government’s attention through the filing of a complaint pursuant to the qui tam provisions of the False Claims Act. Under the Act, private citizens can bring suit on behalf of the United States and share in any recovery.
The government’s case was handled by Assistant United States Attorney Jolie Apicella of the Office’s Civil Division.
E.D.N.Y. Docket No. 14-CV-3943 (JS)
Lincoln County Man Sentenced to over 4½ Years on Gun ChargeRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Michael Burns, 34, of Dresden, Maine, was sentenced today in U.S. District Court by Chief Judge Nancy Torresen to 55 months in prison and three years of supervised release for possession of a firearm by a felon. Burns pleaded guilty to the charge on November 2, 2017.
According to court records and evidence presented at the sentencing hearing, in 2016, Burns borrowed a .22 caliber rifle from a neighbor. He kept the rifle in his home. On August 28, 2016, during an argument, Burns attempted to strangle his live-in girlfriend while her minor child watched. Burns then grabbed and loaded the rifle and threatened to “blow his [own] head off” in front of his girlfriend and her child.
Burns was prohibited from possession the firearm because he had prior Maine felony convictions for illegally possessing firearms, theft, and aggravated assault. At the time of the offense, Burns was on probation for a domestic violence related aggravated assault on another former girlfriend.
The investigation was conducted by the Lincoln County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 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 a 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.
Lexington County Hells Angel Sentenced to the Statutory Maximum of 10 years in prison for Murder for Hire of PlotRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Jerry Oliver, age 52, of Lexington County, South Carolina, who plead guilty in January of this year to Murder for Hire was sentenced today in federal court in Columbia. United States District Judge Terry L. Wooten sentenced Oliver to the statutory maximum of 10 years in prison.
Evidence against Oliver established that the defendant was a member of the Hells Angels and it was through this membership that the defendant met a person who was a FBI informant. The informant was working as a driver at the defendant’s place of work. The informant was charged with DUI and worried that he would lose his job as a driver, so the informant approached Oliver for help. Oliver recommended an attorney who Oliver knew and Oliver offered to cover the cost of the attorney if the informant would kill Oliver’s ex-wife. Oliver was involved in a contested family court proceeding where a hearing was scheduled regarding Oliver’s failure to comply with the divorce decree with his ex-wife. Oliver stated that the murder needed to occur before Oliver’s next family court appearance. The informant contacted the FBI who provided recording materials to the informant to record the interactions with Oliver. Numerous recordings of in-person and over the phone discussions of killing the ex-wife were captured. The informant told Oliver numerous times that he was a felon and the two discussed how to make the killing look like a robbery gone bad.
On September 29, the informant again told Oliver that he was a felon and needed help getting a firearm to do the murder. Oliver stated he would put a Glock in a truck on Oliver's property. The informant contacted Oliver who confirmed the weapon was in place for the informant to retrieve. The informant recorded his retrieval of a loaded Glock. The informant and Oliver discussed locating pictures of the ex-wife on Facebook, a recording of Oliver accessing the ex-wife's Facebook was captured – when Oliver told the informant to monitor the ex-wife’s location using Facebook.
The case was investigated by agents of the FBI. Assistant United States Attorneys Jim May and Jay Richardson of the Columbia office are prosecuting the case.
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Leader of Bronx Gang “18 Park” Sentenced to 35 Years in Prison for Participation in Gang-Related MurdersRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that one of the leaders of the violent Bronx gang known as “18 Park,” MARQUIS WRIGHT was sentenced yesterday by U.S. District Judge Paul A. Engelmayer to 35 years in prison for firearms offenses in connection with two murders that he helped to commit on behalf of the gang. WRIGHT, 30, had previously pled guilty to two counts of possessing and using firearms in connection with his role in the September 28, 2008, murder of Brandon Howard, 18, and the May 29, 2011, murder of Johnny Moore, 16. WRIGHT’s co-defendant, Jonathan Rodriguez, who also participated in the murder of Brandon Howard, is scheduled to be sentenced on May 24, 2018.
Manhattan U.S. Attorney Geoffrey S. Berman said: “The tragic and senseless murders of Brandon Howard and Johnny Moore reflect the dangers of gang- and drug-related violence in our city. While nothing can bring back Brandon Howard and Johnny Moore, Marquis Wright’s sentence means he will spend decades in prison and not pose a threat to others in the Bronx. I want to thank our law enforcement partners for their tremendous work on this important investigation.”
According to the allegations in court documents, including the Information and a previously filed criminal complaint, and statements made during court proceedings:
From 2006 to 2016, the 18 Park gang operated primarily in and around the Patterson Houses, a New York City public housing development in the Mott Haven area of the Bronx. Members of 18 Park sold crack cocaine and marijuana on a near-daily basis, turning the area in and around the Patterson Houses into an open-air drug market. 18 Park members used firearms and violence to assert the gang’s control over the area. WRIGHT served as one of the leaders of 18 Park, and played an integral role in running the gang’s drug trade.
On September 28, 2008, WRIGHT accompanied Rodriguez to a house party at 315 East 143rd Street in order to confront 18-year-old Brandon Howard, whom WRIGHT and Rodriguez regarded as a rival. Rodriguez brought a gun to the party. Upon arriving at the party, WRIGHT served as a lookout for Rodriguez as Rodriguez confronted Howard in the hallway immediately outside the party and shot Howard to death.
On May 29, 2011, WRIGHT drove another 18 Park member, Wali Burgos, to the vicinity of 2625 Third Avenue so that Burgos could shoot and kill a member of a rival gang. Burgos did not shoot a rival gang member, but instead fired his gun into a crowd and killed 16-year-old Johnny Moore. After the shooting, WRIGHT drove Burgos away from the scene of the crime. Burgos previously pled guilty to racketeering conspiracy and admitted to his role in the murder of Johnny Moore. On January 13, 2017, Burgos was sentenced to 262 months in prison.
Mr. Berman thanked the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the New York City Police Department for their work in this investigation.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Max Nicholas, Jordan Estes, Dina McLeod, and Samson Enzer are in charge of the prosecution.
Kanawha County Man Pleads Guilty to Producing Child PornographyRead the Press Release
Defendant faces up to 30 years in federal prison and up to life on federal supervised release
BECKLEY, W.Va. – A Kanawha County man pled guilty today to a child pornography crime, announced United States Attorney Mike Stuart. Robert Daniel Mullins, 37, of South Charleston, entered his guilty plea to production of child pornography. The investigation was conducted by Homeland Security Investigations, the West Virginia State Police, the Australian Federal Police, the Royal Canadian Mounted Police, and the Toronto Police Service.
“Unconscionable,” said United States Attorney Mike Stuart. “Pedophiles like Mullins belong in prison and away from our children.”
Mullins admitted that between August 5, 2017, and February 18, 2018, he took several sexually explicit photographs of a toddler, at least one of which depicted sexual contact between Mullins and the minor. Mullins further admitted that he distributed at least two of the sexually explicit images of the toddler to others via the messaging service Kik. In addition to producing and distributing these images of child pornography, Mullins also admitted to using the Kik messaging service to exchange child pornography with users in Canada and Australia, and he further admitted that he had offered to take sexually explicit photographs of minors to send to the individual in Australia.
Mullins faces at least 15 and up to 30 years in federal prison when he is sentenced on October 11, 2018. Upon his release from prison, he will be required to serve a term of supervised release of at least five years and up to life. He will also be required to register as a sex offender.
Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecution. The plea hearing was held before United States District Judge Irene C. Berger.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Kalamazoo Man Sentenced to 30 Years for Producing Child PornographyRead the Press Release
GRAND RAPIDS, MICHIGAN - Adam Robert Hassell, 26, of Kalamazoo, was sentenced to 30 years in prison for producing child pornography, U.S. Attorney Andrew Birge announced. In addition, U.S. District Judge Paul Maloney imposed a twenty-year term of supervised release that will commence once Hassell is released from prison. Hassell will also have to pay $5,100 in special assessments and will be required to register as a sex offender.
Hassell pleaded guilty in January 2018 to sexual exploitation of a child, i.e., production of child pornography. Hassell came to law enforcement attention in January 2017 when investigators discovered that someone at Hassell’s IP address was sharing child pornography via peer-to-peer file sharing software. In April 2017, investigators executed a search warrant at his residence and discovered thumbnail images of a nude eight-month-old infant on the SD card of Hassell’s cellphone. Hassell admitted taking, but then deleting, the images. The investigation revealed that he actually produced images involving lascivious displays of the infant and possessed sadistic images of the exploitation of other minors. Hassell ultimately admitted having a sexual interest in children and seeking child pornography online as a way to manage his urges.
At sentencing, the mother of the infant expressed the emotional and psychological toll the case had taken on her, and described Hassell’s crime as “an act of evil and an act of terror to all mothers.” In sentencing Hassell, Judge Maloney noted, “when you exploit children, the crime is serious and it needs to be addressed with a serious sentence.”
“This prosecution represents the commitment of my office to the protection of children and the punishment of child predators,” said U.S. Attorney Birge.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney's Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
The Federal Bureau of Investigation (FBI) investigated the case. Assistant U.S. Attorney Alexis M. Sanford prosecuted the case.
Justice Department Requires Martin Marietta to Divest Quarries to Preserve Competition in Connection with Its Acquisition of Bluegrass MaterialsRead the Press Release
The Department of Justice announced today that it will require Martin Marietta Materials, Inc. to divest quarries in Georgia and Maryland in order to proceed with its proposed $1.625 billion acquisition from LG Panadero, L.P. of Panadero Corp. and Panadero Aggregates Holdings, LLC, the entities that own Bluegrass Materials Company, LLC.
The department’s Antitrust Division and the Maryland Attorney General’s Office filed a civil antitrust lawsuit in the U.S. District Court for the District of Columbia to block the proposed transaction. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the department’s competitive concerns.
“Today’s settlement will ensure that aggregate customers, and ultimately taxpayers, in Georgia and Maryland continue to benefit from vigorous competition for this critical input used in road construction,” said Assistant Attorney General Makan Delrahim of the Antitrust Division. “The acquisition, as originally proposed, would have left customers in Georgia and Maryland with few competitive choices and given Martin Marietta the ability to increase prices and reduce customer service.”
According to the department’s complaint, Martin Marietta and Bluegrass produce and sell aggregate, an essential input in asphalt and ready mix concrete that is used in road building and other types of construction. The complaint alleges that, for a significant number of customers in and immediately around Forsyth and north Fulton County, Georgia, and in the Washington County, Maryland area, Martin Marietta and Bluegrass are two of only three competitive sources of aggregate qualified by the respective states’ Departments of Transportation. According to the complaint, the loss of competition between Martin Marietta and Bluegrass would likely result in higher prices and poorer customer service for aggregate customers in these areas.
Under the terms of the proposed settlement, Martin Marietta must divest Bluegrass’s Beaver Creek quarry in Hagerstown, Maryland, and all of the quarry’s assets to an acquirer approved by the United States, in consultation with the State of Maryland. Martin Marietta must also divest the lease to its Forsyth quarry in Suwanee, Georgia, and all of the quarry’s assets to Midsouth Paving, Inc., or an alternate acquirer approved by the United States. The department required an upfront buyer for the Forsyth quarry assets because of the unique nature of the lease being divested. Midsouth is a subsidiary of CRH plc and CRH Americas Materials, Inc. (commonly known in the industry as “Oldcastle”).
The settlement includes several provisions designed to improve the effectiveness of the decree and the Division’s future ability to enforce it.
Martin Marietta is a North Carolina corporation with its headquarters in Raleigh, North Carolina. Martin Marietta is a leading supplier of aggregate and heavy building materials in the United States, with operations in 26 states. In 2017, Martin Marietta had net sales of $3.9 billion.
Bluegrass is a Delaware limited liability company with its headquarters in Jacksonville, Florida. Bluegrass operates 17 rock quarries, one sand plant, and two concrete manufacturing plants across Kentucky, Tennessee, South Carolina, Georgia, Pennsylvania, and Maryland. Bluegrass is owned by Panadero Aggregates Holdings, LLC, an entity majority-owned by Panadero Corp. LG Panadero, L.P., a Delaware limited partnership headquartered in New York, New York, owns Panadero Corp.
As required by the Tunney Act, the proposed settlement, along with the department’s competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement within 60 days of its publication to Maribeth Petrizzi, Chief, Defense, Industrials, and Aerospace Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 8700, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the court may enter the final judgment upon a finding that it serves the public interest.
The Department of Justice announced today that it will require Martin Marietta Materials, Inc. to divest quarries in Georgia and Maryland in order to proceed with its proposed $1.625 billion acquisition from LG Panadero, L.P. of Panadero Corp. and Panadero Aggregates Holdings, LLC, the entities that own Bluegrass Materials Company, LLC.
The department’s Antitrust Division and the Maryland Attorney General’s Office filed a civil antitrust lawsuit in the U.S. District Court for the District of Columbia to block the proposed transaction. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the department’s competitive concerns.
“Today’s settlement will ensure that aggregate customers, and ultimately taxpayers, in Georgia and Maryland continue to benefit from vigorous competition for this critical input used in road construction,” said Assistant Attorney General Makan Delrahim of the Antitrust Division. “The acquisition, as originally proposed, would have left customers in Georgia and Maryland with few competitive choices and given Martin Marietta the ability to increase prices and reduce customer service.”
According to the department’s complaint, Martin Marietta and Bluegrass produce and sell aggregate, an essential input in asphalt and ready mix concrete that is used in road building and other types of construction. The complaint alleges that, for a significant number of customers in and immediately around Forsyth and north Fulton County, Georgia, and in the Washington County, Maryland area, Martin Marietta and Bluegrass are two of only three competitive sources of aggregate qualified by the respective states’ Departments of Transportation. According to the complaint, the loss of competition between Martin Marietta and Bluegrass would likely result in higher prices and poorer customer service for aggregate customers in these areas.
Under the terms of the proposed settlement, Martin Marietta must divest Bluegrass’s Beaver Creek quarry in Hagerstown, Maryland, and all of the quarry’s assets to an acquirer approved by the United States, in consultation with the State of Maryland. Martin Marietta must also divest the lease to its Forsyth quarry in Suwanee, Georgia, and all of the quarry’s assets to Midsouth Paving, Inc., or an alternate acquirer approved by the United States. The department required an upfront buyer for the Forsyth quarry assets because of the unique nature of the lease being divested. Midsouth is a subsidiary of CRH plc and CRH Americas Materials, Inc. (commonly known in the industry as “Oldcastle”).
The settlement includes several provisions designed to improve the effectiveness of the decree and the Division’s future ability to enforce it.
Martin Marietta is a North Carolina corporation with its headquarters in Raleigh, North Carolina. Martin Marietta is a leading supplier of aggregate and heavy building materials in the United States, with operations in 26 states. In 2017, Martin Marietta had net sales of $3.9 billion.
Bluegrass is a Delaware limited liability company with its headquarters in Jacksonville, Florida. Bluegrass operates 17 rock quarries, one sand plant, and two concrete manufacturing plants across Kentucky, Tennessee, South Carolina, Georgia, Pennsylvania, and Maryland. Bluegrass is owned by Panadero Aggregates Holdings, LLC, an entity majority-owned by Panadero Corp. LG Panadero, L.P., a Delaware limited partnership headquartered in New York, New York, owns Panadero Corp.
As required by the Tunney Act, the proposed settlement, along with the department’s competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement within 60 days of its publication to Maribeth Petrizzi, Chief, Defense, Industrials, and Aerospace Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 8700, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the court may enter the final judgment upon a finding that it serves the public interest.
Jury Finds California Man Guilty on Two Counts of Drug Trafficking and One Count of Witness TamperingRead the Press Release
Hot Springs, Arkansas – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Rasheen Murdock, age 37, of Modesto, California was found guilty on one count of conspiracy to distribute methamphetamine, one count of aiding and abetting in the distribution of methamphetamine, and one count of witness tampering following a three-day jury trial in Hot Springs. The Honorable Susan O. Hickey presided over the trial.
According to evidence presented at the trial, in March 2016, law enforcement investigators in Hot Springs, Arkansas received information from a cooperating source (CS) that Murdock was engaged in a methamphetamine drug trafficking operation. After receiving the information, investigators equipped the CS with audio/video surveillance equipment. The CS’s surveillance information revealed communications between Murdock and others involved in the drug trafficking organization, discussing the sale of methamphetamine, heroin, and other drugs. The investigation further revealed that Murdock supplied eight ounces of methamphetamine to a co-conspirator during the operation and that he supplied additional amounts of methamphetamine to others involved in the conspiracy that were distributed in the Hot Springs area in March of 2016. After learning of the arrest of one of his co-conspirator’s on March 14, 2016, Murdock left the Hot Springs area and returned to California, where he was ultimately arrested. In November of 2017, while awaiting trial, Murdock was housed in the same cell as one of his co-conspirators. Murdock forced the co-conspirator to write a letter to the Court and the AUSA prosecuting his case stating that Murdock was innocent of all charges. The co-conspirator advised the Court and Jury that he felt that if he did not do what Murdock asked, there would be conflict, and that the letter Murdock had him write contained all lies.
Murdock was indicted by a Federal Grand Jury. The Second Superseding Indictment was returned by the Federal Grand Jury on March 6, 2018. Sentencing will be held at a later date. The penalty for the count of conspiracy to distribute methamphetamine is not more than 20 years of imprisonment, not more than $1,000,000 fine, or both. The penalty for the count of aiding and abetting in the distribution of methamphetamine is a mandatory minimum of 20 years, and not more than life imprisonment; not more than a $20,000,000 fine, or both; a term of supervised release for not less than 10 years and up to life. The penalty for count three, Witness Tampering, is not more than 20 years imprisonment, not more than $250,000 fine, or both. The defendant’s sentence will be determined by the court during a hearing to be held on a later date.
This case was investigated by Homeland Security Investigations, the local drug enforcement task force in Garland County, and the Arkansas State Police. Assistant United States Attorneys David Harris and Kim Harris prosecuted the case for the United States.
Jury Convicts Chinese Citizen of Transporting AliensRead the Press Release
ALBANY, NEW YORK – A jury today voted to convict Zhi “David” Zeng, age 33, of Brooklyn, New York, of transporting aliens in the United States for the purpose of financial gain, following a 3-day trial.
The announcement was made by United States Attorney Grant C. Jaquith; Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector; and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
The evidence at trial showed that Zeng, a lawful permanent resident of the United States who is a citizen of China, picked up and transported two illegal aliens (Chinese citizens) from the Akwesasne Mohawk Indian Reservation in Hogansburg, New York, on August 8, 2016. Zeng was to receive a cash payment for transporting the illegal aliens. Border Patrol Agents arrested him on August 8, 2016 in Fort Covington, New York. The investigation demonstrated that Zeng had made a prior smuggling trip in July 2016, during which he transported two individuals from the Akwesasne Mohawk Indian Reservation to New York City.
Zeng faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on August 14, 2018 by Senior United States District Judge Thomas J. McAvoy. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the United States Border Patrol and HSI, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Jacksonville Man Indicted for Distribution of Heroin that Resulted in DeathRead the Press Release
Raleigh – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr. announces that RANDON AUSTIN JENKINS, A/K/A “JERZ,” was indicted yesterday on additional charges, including distribution of a quantity of heroin resulting in serious bodily injury and death.
JENKINS was named in a Superseding Indictment filed on April 24, 2018, charging him with eleven counts of narcotics and firearms offenses, including: distribution of heroin, fentanyl, and crack cocaine; possession with intent to distribute heroin and crack; possession of a firearm by a felon; and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the charge alleging distribution resulting in serious bodily injury and death, he would face a minimum term of imprisonment of 20 years and a maximum term of imprisonment of life, up to a $2,000,000 fine, and a term of supervised release following any term of imprisonment.
Mr. Higdon commented: “The United States Justice Department and the United States Attorneys’s Office are aggressively pursuing distributors of heroin and fentanyl. These drugs pose a serious danger to the people of Eastern North Carolina and we intend to remove that danger as part of our effort to “Take Back North Carolina” from the drug traffickers and violent criminals.”
The charges and allegations contained in the Superseding Indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law.
Investigation of this case is being conducted by the Jacksonville Police Department. Assistant United States Attorney Laura S. Howard is representing the government.
Inmate and Conspirator Convicted of Using Contraband Cellphone to Deal Drugs and Obtain a Mail Bomb from the Dark WebRead the Press Release
Columbia, SC - A federal jury convicted Michael Young Jr. and Vance Volious Jr. of dealing drugs and plotting to kill Young’s ex-wife with a mail bomb they bought with bitcoin from the Dark Web’s Alpha Bay Market. United States Attorney Beth Drake stated that Young, 32, and Volious, 36, both of Columbia S.C., were convicted of conspiracy, transport of an explosive with the intent to kill, mailing a non-mailable explosive with the intent to kill, and carrying an explosive during the commission of another felony. Judge J. Michelle Childs presided over the trial and will impose sentence after a presentence report is prepared by the United States Probation Office.
Evidence presented at the trial revealed that while incarcerated in the South Carolina Department of Corrections, Young obtained a contraband cellphone smuggled into the Broad River Correctional Institution. Young used that contraband cellphone to run a drug business distributing marijuana he obtained from a California supplier and from purchases on the Dark Web. Drugs purchased by Young would be shipped to a conspirator’s residence before being picked up by Volious for re-distribution.
While this drug conspiracy among Young, Volious, and others was operating, the conspirators also plotted to kill Young’s ex-wife. This was not the first time that Young had tried to kill her, as he was serving a fifty-year sentence after having been convicted of attempting to kill her and of murdering her father in an incident in 2007. Young turned back to the Dark Web on his contraband cellphone looking to purchase a mail bomb. Young used Bitcoin to pay for the mail bomb to be sent to a conspirator’s residence in Irmo. He also had re-shipment labels addressed to his ex-wife to be sent to Volious’ house in Columbia. Co-conspirator Tyrell Fears – who previously pleaded guilty – obtained the labels from Volious, armed the mail bomb, and delivered the inert explosives package to the Post Office in Irmo on June 6, 2017. After a United States Postal Inspector recovered the mail bomb, search warrants and interviews the next morning led to the federal arrest and indictment of Young, Volious, and Fears.
U.S. Attorney Beth Drake thanked the law enforcement team that worked the case, “This was a particularly challenging operation, and we got a great result because of great policing. The case certainly brings to bare the very real and dangerous problem that is contraband cell phones in our prisons.”
South Carolina Department of Corrections Director Bryan Stirling lauded the collaborative effort between local, state, and federal law enforcement in this matter and emphasized the escalating threat that contraband cell phones in prisons pose to citizens across South Carolina. “I would to thank our local, state, and federal partners for working alongside SCDC’s Division of Police Services in this investigation to convictions in this case. These convictions underscore what I have been saying for years—contraband cell phones in the hands of prisoners pose a significant threat to not only other prisoners and corrections staff but to the general public as well.”
“This conviction was made possible by the coordinated efforts and exceptional work of the FBI’s Joint Terrorism Task Force, all our law enforcement partners and the US Attorney’s Office,” said Alphonso Norris, Special Agent in Charge of the FBI’s Columbia Division. “Our ability to stop a horrific crime from being committed and dismantle a drug trafficking enterprise speaks to the past and present commitment of the FBI and our partners to come together and devote significant resources for the protection of our communities.”
The case was investigated by the Federal Bureau of Investigation, Joint Terrorism Task Force, United States Postal Inspection Service, South Carolina Department of Corrections’ Division of Police Services, State Law Enforcement Division, South Carolina Information and Intelligence Center, Richland County Sheriff’s Department, Lexington Country Sheriff’s Department, Irmo Police Department, USC Division of Law Enforcement and Safety, and Columbia Police Department. The case was prosecuted by Assistant United States Attorneys Will Lewis and Jay Richardson with assistance from Dan Goldberg of the Fifth Circuit’s Solicitor’s Office.# # #
Illinois Man Sentenced to Seven Years in Prison for Role in Drug Trafficking ConspiracyRead the Press Release
TRENTON, N.J. – A DeKalb, Illinois, man was sentenced today to 84 months in prison for his role in an international drug trafficking organization, U.S. Attorney Craig Carpenito announced.
Henry Zamora, 38, previously pleaded guilty before U.S. District Judge Peter G. Sheridan to the first count of an indictment charging him with conspiracy to distribute heroin. Judge Sheridan imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
From June 2014 through December 2014, Zamora engaged in a conspiracy with members of a drug trafficking organization, with cells operating in New Jersey, to transport and distribute bulk quantities of heroin. On Nov. 21, 2014, Zamora was arrested while transporting four kilograms of heroin contained in a hidden compartment in his vehicle. Following the arrest, officers recovered an additional two kilograms of heroin from his home.
In December 2014, co-defendants Dany Francisco-Valerio, 44, and Vionel Rondon-Cortorreal, 29, both of Bronx, New York, conspired with members of the drug trafficking organization to transport and distribute kilogram quantities of heroin. On Dec. 24, 2014, Francisco-Valerio and Rondon-Cortorreal were arrested in Warren County, New Jersey, while transporting 15 kilograms contained in a hidden compartment in a vehicle they were operating. Francisco-Valerio and Rondon-Cortorreal both pleaded guilty before Judge Sheridan to informations charging them with conspiracy to distribute heroin. Francisco-Valerio has been sentenced to 51 months in prison by Judge Sheridan while Rondon-Cortorreal is awaiting sentencing.
Two other members of the conspiracy, Harry Madrid, 26, of Anaheim, California, and his brother, Wilson Madrid, 32, of Norcross, Georgia, previously entered guilty pleas for their roles in conspiring to launder drug proceeds on behalf of the organization. Harry Madrid has been sentenced to 46 months in prison and Wilson Madrid has been sentenced to seven years in prison by Judge Sheridan.
In addition to the prison term, Judge Sheridan sentenced Zamora to five years of supervised release.
U.S. Attorney Carpenito praised special agents of the DEA, Newark Division, under the direction of Special Agent in Charge Valerie A. Nickerson, officers from the N.J. State Police under the direction of Acting Superintendent Colonel Patrick J. Callahan, and officers from the DeKalb (Illinois) Police Department, under the direction of Chief Gene Lowrey, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Thomas S. Kearney of the U.S. Attorney’s Office OC/Gangs Unit in Newark and Assistant U.S. Attorney Jamari Buxton of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
Defense counsel: Andrea Bergman Esq., Trenton