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Thursday 15 March 2018
Two Forestville Men Indicted on Multiple Child Pornography and Witness Tampering ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 15-count indictment charging Richard C. Miller, 50, and Joseph Harvey, 54, both of Forestville, NY, with production, distribution, receipt, and possession of child pornography, conspiracy to distribute, receive, and possess child pornography, and witness tampering. The charges carry a minimum penalty of 15 years in prison, a maximum penalty of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the indictment, between 2006 and 2009, defendant Miller produced child pornography by filming himself engaged in a sexual act with a minor. Between January 2016 and March 2017, Miller and defendant Harvey exchanged images of child pornography and engaged in illicit discussion regarding child pornography and pedophilia. In addition, a search of the residence shared by the defendants revealed multiple electronic devices that contained child pornography.
Richard Miller was initially arrested by complaint in May 2017. While being detained on charges of production and possession of child pornography, Miller sent a letter seeking to pay a material witness in the case not to participate in the criminal investigation.
The defendants were arraigned before U.S. Magistrate Judge Michael J. Roemer and are being detained.
The indictment is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Two Additional Individuals Charged with Smuggling Drugs and Contraband to InmatesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Deanna Tallo, age 29, of Throop, Pennsylvania, and Thomas Coss, age 36, currently an inmate in state prison, were indicted on March 13, 2018, by a federal grand jury for smuggling suboxone and tobacco into the Lackawanna County Prison during July 2015 and April 2016. The case was unsealed today following the arrest of Tallo.
According to United States Attorney David J. Freed, the indictment alleges that Tallo provided and attempted to provide suboxone and tobacco to inmates at the prison between July 2015 and April 2016, and that during that same time period Coss, then an inmate at the prison, obtained and possessed suboxone and tobacco.
In December 2017, Jerry Defazio, a former contract employee at the prison, pleaded guilty to providing and attempting to provide drugs and tobacco to inmates at the prison. He is awaiting sentencing.
The charges against Tallo and Coss stem from an investigation by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Toppenish Man Sentenced to 78 Months Imprisonment for Voluntary ManslaughterRead the Press Release
Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Nolan Patrick John, III, age 25, of Toppenish, Washington, was sentenced after having pleaded guilty on December 6, 2017, to Voluntary Manslaughter. United States District Court Judge Salvador Mendoza, Jr. sentenced John to 78 months imprisonment, to be followed by a three-year term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, on March 26, 2017, Yakama Nation Police Officers responded to a dispatch call to a residence in Wapato, Washington, in the exterior boundaries of the Yakama Nation. Officers knocked on the door and a male, later identified as Nolan Patrick John, III, answered. Officers saw another male, covered in blood, lying motionless on the floor. Blood spatter was on the wall of the residence. John stated that he beat up the male. The male-victim did not respond to verbal communication, and he was pronounced dead at the scene. The FBI responded. FBI observed that John had injuries to his hands, but did not have any injuries to his body. FBI also observed that male-victim had no injuries to his hands.
When interviewed by FBI, John stated he began fighting with the male-victim after an altercation involving John’s mother, John, and the male-victim arose. After the fight, John noticed the victim was not breathing, so he attempted CPR and called 911. Law enforcement officers observed that the male-victim’s blood was on John’s hands and clothing, and John did not have any defensive wounds.
In a subsequent interview with FBI, John stated everyone at the residence was drinking, and he started wrestling with the victim after the victim got into an argument with John’s mother. John stated the victim did now know how to fight and he kicked the victim in the face while they were on the ground. John admitted the fight got out of control.
During the sentencing hearing, Judge Mendoza described John’s conduct as a “brutal attack” and commented on the pain John caused the victim, the victim’s family, and John’s own family.
United States Attorney Harrington said, “The United States Attorney’s Office for the Eastern District of Washington, the Federal Bureau of Investigation, and the Yakama Nation Tribal Police Department are committed to investigating and prosecuting violent crimes occurring in the exterior boundaries of the Yakama Nation.”
This case was investigated by the Federal Bureau of Investigation and the Yakama Nation Tribal Police Department. The case was prosecuted by Meghan McCalla and Thomas Hanlon, Assistant United States Attorneys for the Eastern District of Washington.
Titusville Woman Charged with Social Security FraudRead the Press Release
ERIE, Pa. - A resident of Titusville, Pennsylvania has been indicted by a federal grand jury in Erie on a charge of social security fraud, United States Attorney Scott W. Brady announced today.
The one-count indictment named Kelly Rene Johnson, 49, as the sole defendant.
According to the indictment presented to the court, between on or about February 28, 2014 and August 1, 2017, Johnson fraudulently received approximately $30,682.00 in Supplemental Security Income benefit payments by concealing the fact that she did not live alone in order in order to continue to receive these payments.
The law provides for a maximum total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.
The Social Security Administration, Office of Inspector General, conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Three men indicted for conspiracy involving passing $20,000 worth of counterfeit $50 bills at dozens of stores across Northeast OhioRead the Press Release
Three men were indicted in federal court for their roles in a counterfeiting conspiracy in which they passed more than $20,000 in counterfeit currency in nearly three dozen stores throughout Northeast Ohio, U.S. Attorney Justin E. Herdman said.
Named in the eight-count indictment are Labrawn Revelle Gullatt, Jr., 23, of Euclid; Yul Ardon Martin, Jr., 39 and Meco L. Shaw, 22, both of Cleveland.
“These defendants are accused of stealing tens of thousands of dollars from stores across Northeast Ohio,” Herdman said. “Whether it was buying merchandise from large stores, making relatively small purchases in an effort to get change or buy debit cards with fake cash, they broke the law and will now be held accountable for their actions.”
Gullat, Martin and Shaw conspired together between April 2017 through February 2018 to use counterfeit $50 bills to purchase merchandise from locations including Walmart in Sandusky, Mansfield and Cleveland, Home Depots in Highland Heights, Mentor and Euclid and Babies R Us in Mentor, according to the indictment.
They also made or attempted to make relatively small purchases with the counterfeit $50 bills, including a milkshake from Arby’s in Mentor and a sandwich from Chick-fil-A in Willoughy, according to the indictment.
They also made purchases in January 2018 with the counterfeit $50 bills from several stores in Aurora, including Adidas, Calvin Klein and Home Depot, a Dick’s Sporting Goods in Bainbridge. They also purchased or attempted to purchase several Master Card and American Express gift cards and debit cards using the counterfeit $50 bills, according to the indictment.
Keith Abrams, 42, of Cleveland, was indicted for passing $1,000 worth of counterfeit $50 bills at a Gap Store in Westlake on Nov. 21, 2017, according to the indictment
Assistant U.S. Attorney Brian S. Deckert is prosecuting the case following an investigation by the U.S. Secret Service.
If convicted, the defendants’ sentence will be determined by the court after review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
Three from Southern California Traffic Heroin and 30 Pounds Methamphetamine in FresnoRead the Press Release
FRESNO, Calif. — A federal grand jury returned a four-count indictment today against Julian Aispuro Jr., 33, of Los Angeles; Abel Gregory Castro, 29, of Torrance; and Tauri Dolores Valera, 32, of San Pedro, charging them with conspiring to distribute methamphetamine and heroin and possession with the intent to distribute both methamphetamine and heroin, U.S. Attorney McGregor W. Scott announced. Additionally, Castro and Valera were charged with possession of a firearm in furtherance of a drug trafficking offense.
According to court documents, Aispuro arranged to sell methamphetamine, black tar heroin, and china white heroin to two people, one of whom was an undercover officer. On February 21, 2018, Aispuro arrived at the prearranged meeting spot. Castro and Valera arrived separately with approximately 28.9 pounds of methamphetamine and 1.3 pounds of china white heroin in the trunk as well as a loaded .38-caliber Smith and Wesson revolver in plain view on the back seat.
This case is the product of an investigation by the Fresno Methamphetamine Task Force, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), California Department of Justice’s Special Investigation Team, California Highway Patrol, Fresno County Sheriff’s Office, and Tulare County Sheriff’s Office. Assistant U.S. Attorney Laurel J. Montoya is prosecuting the case.
If convicted, Aispuro faces a statutory penalty of a minimum of 10 years to life years in prison and a $10 million fine. If convicted, Castro and Valera face a statutory penalty of a minimum of 15 years to life years in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Three More Individuals Charged for the Añasco Armed RobberyRead the Press Release
SAN JUAN, P.R. – On March 14, 2018, a federal grand jury returned a superseding eight-count indictment against Benjamin Melendez-Rivera, Ralph Laboy-Santiago, Miguel Cruz-Kuilan, and Joel Laboy-Rosario for conspiracy to interfere with commerce by robbery, interference with commerce by robbery, and related firearms offenses, announced United States Attorney Rosa Emilia Rodríguez-Vélez. The FBI, the Aguadilla Violent Crimes Task Force of the FBI, and the Police of Puerto Rico’s Bank Robbery Unit are in charge of the investigation.
The superseding indictment alleges that on March 20, 2017, in the District of Puerto Rico, the co-conspirators traveled to a Banco Popular branch in Morovis, Puerto Rico to commit a robbery. The defendants brandished a firearm at an armed courier employed by Econo Supermarket outside of the Banco Popular, and robbed approximately $3,000 in U.S. currency.
On March 23, 2017, the defendants conducted surveillance on a Banco Popular branch in Añasco, in preparation for a robbery. Returning to Añasco on March 30, 2017, Melendez-Rivera took photographs of the Añasco branch. On that same day, two of the co-conspirators robbed and discharged their firearms at a Ranger American armed courier outside of the Banco Popular branch. During the robbery, the armed courier was wounded and two innocent bystanders were killed. The defendants robbed approximately $16,900 in U.S. currency.
The superseding indictment further charges that Melendez-Rivera was found to have taken photographs of another Banco Popular branch located in Puerto Nuevo on October 9, 2017, allegedly in preparation for another robbery.
“Thanks to the joint investigation conducted by the FBI, Aguadilla Task Force officers, and Puerto Rico Police’s Bank Robbery Unit, the members of this alleged armed robbery organization have been apprehended,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “We thank our local law enforcement partners for their outstanding work. The U.S. Department of Justice is committed to working actively with local law enforcement to apprehend and bring armed robbery organizations like this one to justice.”
“Today’s arrests by the Puerto Rico Police Department (PRPD) Tactical Operations Unit and FBI SWAT were the result of outstanding detective work by the PRPD Bank Robbery Unit and the FBI Aguadilla and San Juan Offices, with critical assistance provided by the Puerto Rico Department of Housing. Furthermore, FBI Headquarters has advised the United States Attorney General of the essential role played by our PRDP Task Force Officers in solving this and many other dangerous crimes occurring in Puerto Rico,” said FBI Special Agent in Charge Douglas A. Leff. “We commend the Puerto Rico authorities for committing these dedicated officers to work alongside us, and together we will never stop investigating crimes of violence until justice is fully accomplished through the apprehension of all those responsible”
Benjamin Melendez-Rivera was charged with conspiracy to interfere with commerce by robbery; interference with commerce by robbery (two counts); possession, and discharge of a firearm in furtherance of a crime of violence (two counts); and as a felon-in-possession (two counts).
Ralph Laboy-Santiago was charged with conspiracy to interfere with commerce by robbery; interference with commerce by robbery (two counts); possession, and discharge of a firearm in furtherance of a crime of violence (two counts); and as a felon-in-possession (two counts). Laboy-Santiago
Miguel Cruz-Kuilan was charged with conspiracy to interfere with commerce by robbery; interference with commerce by robbery (two counts); possession, and discharge of a firearm in furtherance of a crime of violence (two counts); and as a felon-in-possession (three counts).
Joel Laboy-Rosario was charged with conspiracy to interfere with commerce by robbery; interference with commerce by robbery (two counts); and possession, and discharge of a firearm in furtherance of a crime of violence (two counts).
The previous five-count indictment in the case, returned on December 6, 2017, charged only Melendez-Rivera.
Assistant U.S. Attorney Alexander Alum is in charge of the prosecution of the case. If convicted, the defendants face a maximum sentence of life imprisonment. Indictments contain only charges and are not evidence of guilt. The defendants are presumed to be innocent until the charges are proven beyond a reasonable doubt.
Three Miami-Area Home Health Agency Owners Charged for Role in Health Care Fraud SchemeRead the Press Release
Three Miami, Florida-area home health agency owners were charged in an indictment unsealed on March 13, 2018 for their alleged participation in a health care fraud scheme involving a now-defunct home health agency in Miami.
U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Special Agent in Charge Robert F. Lasky of the FBI’s Miami Field Office and Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.
Ailin Consuelo Rodriguez Sigler, 39; Zoila C. Rios, 57; and Tomas A. Rodriguez, 66, were charged in an indictment filed in the Southern District of Florida with one count of conspiracy to commit health care fraud and wire fraud, and three counts of health care fraud. Sigler, Rios and Rodriguez were arrested on March 13, 2018 and appeared before U.S. Magistrate Judge Alicia M. Otazo-Reyes.
The indictment alleges that from approximately January 2011 through November 2014, Sigler, Rios and Rodriguez, owners of Florida Patient Care Corp. of Miami, Florida, were involved in a fraudulent scheme whereby they agreed with the owners and operators of multiple home health therapy staffing companies and others to bill Medicare for services that were medically unnecessary, not eligible for Medicare reimbursement, or were never provided.
According to the indictment, Sigler, Rios, Rodriguez and their co-conspirators allegedly caused the submission of false and fraudulent claims to Medicare for home health therapy care, and physical and occupational therapy services purportedly provided by Florida Patient Care Corp.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. Fraud Section Trial Attorney Yisel Valdes is prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 3,500 defendants who have collectively billed the Medicare program for more than $12.5 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
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.
Three Charged in $1 Million Bank Loan SchemeRead the Press Release
CHARLOTTE, N.C. – Stanley Reginald Barron, 37, of Cornelius, N.C. and his co-conspirator, Kimberlie L. Flemings, 49, of Mt. Holly, N.C., were indicted on federal charges in connection with a $1 million bank loan scheme, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina. A third person, Brian Lyles, 46, formerly of Jersey City, New Jersey, was also charged separately for his role in the conspiracy.
U.S. Attorney Murray is joined in making today’s announcement by David M. McGinnis, Inspector in Charge of the Charlotte Division of the U.S. Postal Inspection Service (USPIS), and Steven Perez, Special Agent in Charge of the Northeast Region of the Federal Housing Finance Agency, Office of Inspector General (FHFA-OIG).
According to the charging documents and court proceedings, from at least 2012 to 2015, Barron, Flemings, Lyles and others executed a fraudulent scheme to obtain automobile and personal loans from at least 19 financial institutions. The co-conspirators submitted dozens of fraudulent loan applications in their names, and the names of at least 30 other individuals, to at least 19 banks and credit unions. As a result of the fraudulent scheme, the indictment alleges that the three defendants obtained more than $1 million in fraudulent loan proceeds.
According to allegations contained in the charging documents, Barron, Flemings and Lyles submitted the fraudulent loan applications for individuals they had recruited, falsely stating the loans would be used to purchase automobiles, among other things. Many of the recruited loan applicants had negative information in their credit histories which made getting legitimate loans difficult. Because of this, Barron and others fraudulently “cleaned” or “repaired” the credit reports of certain loan applicants to improve the chances of obtaining a loan from the banks and credit unions. For example, the indictment alleges, Barron and Flemings filed police reports online in the names of certain loan applicants, falsely claiming that the loan applicants were victims of identity theft and that the negative items on their credit reports were due to the identity theft. Barron, Flemings and others also submitted falsified supporting documents with the loan applications, including false employment and income information.
The indictment alleges that to further execute the scheme, Barron and his co-conspirators created fake automobile dealerships that purported to be the sellers of vehicles purchased with the fraudulent loans. They also set up bank accounts, websites, and addresses associated with these fake automobile dealerships and created fictitious purchase orders which were submitted to the financial institutions as part of the loan application.
According to allegations contained in court documents, Barron, Flemings and Lyles deposited the fraudulently-obtained checks from the financial institutions into accounts Barron controlled. After keeping a portion of the fraudulent loan proceeds, Barron distributed the rest to his co-conspirators. In this manner, Barron and others obtained more than 25 checks, totaling more than $1 million, from at least 12 financial institutions.
Court documents allege that after Barron and others obtained the proceeds from the fraudulent loans, the majority of the loans defaulted, causing losses to the impacted financial institutions. To cover up the fraud, Barron and others made false statements to the defrauded banks and credit unions that attempted to collect on the debts, including that borrowers had been the victims of identity theft and that they had not authorized the loans.
Baron, Flemings and Lyles are charged with one count of conspiracy to commit wire and bank fraud. Barron and Flemings are also each charged with wire fraud affecting financial institutions and nine counts of financial institution fraud. Barron also faces a money laundering conspiracy charge.
An indictment is merely an accusation, and the defendants are presumed innocent unless and until proven guilty. The wire and bank fraud conspiracy charge carries a maximum sentence of 30 years in prison and a $1,000,000 fine. The wire fraud affecting financial institutions charge carries a maximum prison term of 20 years in prison and a $250,000 fine. Each of the nine financial institution fraud charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine. The money laundering conspiracy charge carries a maximum penalty of 10 years in prison and a $250,000 Fine.
USPIS and FHFA-OIG led the investigation. Assistant U.S. Attorney Daniel Ryan of the U.S. Attorney’s Office in Charlotte is in charge of the prosecution.
Theron King a/k/a "Bug" Sentenced for Distribution of MethamphetamineRead the Press Release
Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that on March 15, 2018, United States District Court Judge W. Louis Sands sentenced Theron King, a/k/a “Bug”, age 29, of Doerun, GA, to 130 months imprisonment for the offense of distribution of methamphetamine.
On May 9, 2017, Mr. King was arrested in Sale City, Georgia in possession of approximately fifteen (15) ounces of methamphetamine. Earlier that day, he had agreed to supply the methamphetamine to another individual.
Evidence presented at his sentencing hearing showed that prior to the events in May 2017, he had arranged for the delivery of approximately ten (10) pounds of methamphetamine by US Mail.
“Methamphetamine continues to be one of the most serious drugs of abuse in the Middle District of Georgia,” said United States Attorney Peeler. “In a matter of only a few months it can destroy a person’s physical appearance, health, intellect and emotional stability. Those who deal in methamphetamine deal in human misery and will be held accountable for the choices they make.”
This case was investigated by the Drug Enforcement Administration, Columbus Division and the Mitchell County Sherriff’s Office. Assistant United States Attorney Leah E. McEwen prosecuted the case for the United States.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Texas man arrested in Bossier Parish sentenced to 70 months in prison for heroin distributionRead the Press Release
SHREVEPORT, La. – United States Attorney Alexander C. Van Hook announced that a man from Texas was sentenced Wednesday to five years and 10 months in prison for drug distribution charges after heroin was found in his car battery.
Jose Alonzo Hernandez, 42, of Brownsville, Texas, was sentenced by U.S. District Judge Elizabeth E. Foote on one count of possession with intent to distribute heroin. He was also sentenced to five years of supervised release. According to the October 24, 2018 guilty plea, a state trooper conducted a traffic stop on Hernandez’s car March 16, 2017 on Interstate 20 in Bossier Parish. The trooper conducted a search of the vehicle and found approximately 3.35 kilograms of heroin hidden inside the car’s battery.
The DEA and Louisiana State Police conducted the investigation. Assistant U.S. Attorney Tiffany E. Fields prosecuted the case.
Stockton Man Sentenced to over 8 Years in Prison for Possession of Firearms and Ammunition Purchased on the Dark WebRead the Press Release
SACRAMENTO, Calif. — Jeremy Solima, 41, of Stockton, was sentenced Thursday by U.S. District Judge Morrison C. England Jr. to eight years and four months in prison for being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on July 22, 2017, officers conducted a probation search of Solima’s residence and found a stolen assault rifle, a pistol, six high‑capacity magazines, three gun barrels, six boxes of ammunition, gun scopes, and other miscellaneous gun pieces. He said he purchased the firearms from the dark web marketplace AlphaBay, and he intended to sell them in Stockton. Solima, who had been previously convicted of several felonies, was prohibited from possessing or selling firearms.
Dark web marketplaces are operated on computer networks designed to conceal the true Internet Protocol address of the computers accessing the network. Dark web marketplaces allow for payments to be made only in the form of digital currency, most commonly in Bitcoin. AlphaBay was shut down by law enforcement in July 2017.
This case is a product of the Project Safe Neighborhoods (PSN) initiative and joint investigations by the Stockton Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. PSN brings together federal, state and local law enforcement to combat gun and gang crime. PSN aims to incapacitate chronic violent offenders and deter potential gun offenders through increased federal prosecution. Assistant U.S. Attorney Cameron L. Desmond prosecuted the case.
State Correctional Officer Admits to Illegally Distributing SteroidsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that NICHOLAS AURORA JR., 33, of Hamden, waived his right to be indicted and pleaded guilty yesterday before U.S. District Judge Victor A. Bolden in Bridgeport to one count of possession with intent to distribute anabolic steroids.
According to court documents and statements made in court, in December 2017, the Statewide Narcotics Task Force West conducted a court-authorized search of an individual’s residence in Hamden and seized approximately 25,000 pills and 530 vials of anabolic steroids. Subsequent analysis of the individual’s cell phone revealed numerous text messages relating to AURORA’s purchase and redistribution of steroids.
The investigation revealed that AURORA was purchasing steroids from his source of supply every two weeks. He personally used some of the steroids, and sold some, at a profit, to coworkers.
AURORA is a correctional officer with the Connecticut Department of Correction.
The offense carries a maximum term of imprisonment of 10 years and a fine of up to $500,000. A sentencing date is not scheduled.
AURORA is released on a $50,000 bond pending sentencing.
This matter is being investigated by the Connecticut State Police, Statewide Narcotics Task Force West, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Sarah P. Karwan.
Silver Springs Woman Sentenced to Nearly Five YearsRead the Press Release
Ocala, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Elma Denise Sizelove (40, Silver Springs) to 57 months in federal prison for bank fraud and aggravated identity theft. She pleaded guilty to the offenses on December 18, 2017.
According to court documents, Sizelove was arrested by law enforcement after attempting to pass a fraudulently altered check at a local bank. A subsequent search of her vehicle uncovered 150 letters and 47 additional checks that had been stolen from local residents. The stolen checks had a total face value of $68,208.41. Further investigation revealed that Sizelove had fraudulently altered and deposited other checks that she had stolen from residential and commercial mailboxes into her bank account using mobile and ATM deposits.
This case was investigated by the U.S. Postal Service. It was prosecuted by Assistant United States Attorney William S. Hamilton.
Shrewsbury Couple Sentenced for Roles in Counterfeit Steroid ConspiracyRead the Press Release
BOSTON – A Shrewsbury couple was sentenced today in federal court in Boston for their respective roles in a far-reaching, multi-million dollar conspiracy to distribute counterfeit steroids throughout the United States.
Tyler Bauman, a/k/a “musclehead320,” 32, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 10 years in prison and three years of supervised release. Kathryn Green, 29, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to one year and one day in prison and three years of supervised release. In August 2017, Bauman pleaded guilty to conspiracy to distribute counterfeit testosterone, trenbolone, and other steroid compounds; conspiracy to traffic in counterfeit drugs; conspiracy to launder money; possession with intent to distribute controlled substances (steroids); and trafficking in counterfeit drugs. Green pleaded guilty that same month to one count of conspiracy to distribute controlled substances. In April 2017, Green and five others were charged for their roles in the conspiracy.
From approximately May 2015 until April 12, 2017, Bauman, Green and their co-conspirators manufactured steroid products made from raw materials that they purchased overseas and marketed as “Onyx” steroids using “Onyx” labels that were also ordered from overseas suppliers. Onyx, now owned by Amgen Inc., is a legitimate pharmaceutical company that does not manufacture steroids.
Bauman had a robust social media following on Instagram and other platforms under the moniker “musclehead320” and derivations of that name. Bauman used the “musclehead320” persona to promote Onyx by claiming to be an “Onyx Sponsored Athlete.” As “musclehead320,” he publicly denied any suggestion that he was directly involved with making or selling Onyx; however, at the same time, he was in fact marketing Onyx injectable steroids through other social media accounts, including Instagram accounts in the name of “onyx_roid” and “onyxpharma.” Through these accounts, Bauman provided customers with email addresses to place orders, received steroid orders, and then communicated with customers via these email addresses.
Bauman directed other members of the conspiracy to ship steroids to customers using the U.S. Postal Service. Customers paid for the steroids via money remitters, such as Western Union and MoneyGram. Bauman then directed other members of the conspiracy to pick up payments at multiple remitter locations using false identifications to attempt to avoid suspicion.
Bauman purchased both the oral steroids (tablets) and the raw materials to manufacture the injectable steroids from overseas suppliers. He also ordered the counterfeit Onyx labeling and packaging from overseas suppliers. The injectable steroids advertised and sold by the members of this conspiracy bore trademarks of Onyx Pharmaceuticals.
Further, Bauman laundered proceeds from the steroid sales through Wicked Tan LLC, a tanning salon located in Beverly, which he and a co-conspirator owned and operated specifically to launder the proceeds of the steroid operation.
Green’s principal roles in the conspiracy were to pay another member of the conspiracy to ship steroids and to collect payments from customers.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Jeffrey Ebersole, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office, made the announcement. Assistant U.S. Attorneys Amy Harman Burkart and David J. D’Addio of Lelling’s Cybercrime Unit prosecuted the cases.
Self-Proclaimed “Commissioner” of the Office of the Commissioner, “His Excellency” Brandon Jones, Guilty of All ChargesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that BRANDON JONES, a/k/a “Brandon McGeer,” a/k/a “Brandon Jones-McGeer,” was convicted on all counts charged in a three-count Indictment of passing fictitious government obligations, wire fraud, and conspiracy to commit wire fraud, following an eight-day jury trial presided over by U.S. District Judge Alison J. Nathan.
Manhattan U.S. Attorney Geoffrey Berman stated: “As a unanimous jury found today, Brandon Jones went to great lengths to portray himself as a government official. In doing so, he manipulated businesses to obtain goods and services through fake ‘government’ documents and requests. Now that Jones has been convicted of his crimes, there will be nothing fictitious about the prison time he faces.”
According to the evidence introduced at trial:
In early January 2016, the United States Postal Inspection Service undertook an investigation into JONES, the self-proclaimed “Commissioner” of the “Office of the Commissioner, an IGO.” The “Office of the Commissioner” was an organization JONES created, which purported to be an “Intergovernmental Organization,” and which he claimed was funded by the federal government in doing work with the United Nations. In his role as the “Commissioner,” JONES obtained hundreds of thousands of dollars in goods and services using fake government purchase orders, government transportation requests, and other government payment documents. Among many others, JONES defrauded a former Ambassador to the United Nations, who JONES lured into providing consulting services while working to secure funding for a humanitarian aid project that, due to JONES’ fraud, never came to fruition. JONES also obtained hundreds of thousands of dollars in free hotel stays, airline tickets, and other goods and services.
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JONES, 35, of Philadelphia, stands convicted of one count of wire fraud, which carries a maximum sentence of 20 years in prison; one count of conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison; and one count of passing fictitious obligations, which carries a maximum sentence of 25 years in prison. The three charges each also carry a maximum fine of $250,000, or twice the gross gain or loss from the offense. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
In March 2015, an investigation undertaken with the United States Secret Service into one of JONES’s employees, an alleged “Deputy Commissioner” of the “Office of the Commissioner, an IGO,” Sandra Zongo, led to Zongo being charged with one count of impersonating an official or employee of the United States government; one count of wire fraud; one count of passing fictitious obligations; and one count of attempted benefits fraud. Zongo was convicted in January 2017 of all charges after a jury trial before U.S. Senior District Judge Kimba M. Wood.
Mr. Berman praised the outstanding investigative work of the USPIS. He added that the investigation is continuing.
The prosecution is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Kiersten A. Fletcher, Jessica K. Fender, and Tara M. La Morte are in charge of the prosecution; paralegal specialists Jenny Satinover and Haley Zovickian provided additional support.
The USPIS encourages the public to report any information it has regarding JONES or the Office of the Commissioner at 1-877-876-2455.
Sedalia Man Pleads Guilty to Illegal FirearmRead the Press Release
JEFFERSON CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced that a Sedalia, Mo., man pleaded guilty in federal court today to illegally possessing a firearm.
Justin Lee Denny, 27, of Sedalia, pleaded guilty before U.S. Magistrate Judge Willie J. Epps, Jr., to being a felon in possession of a firearm.
By pleading guilty today, Denny admitted that he was in possession of a Kel-Tec .380-caliber semi-automatic pistol on Nov. 21, 2017.
A Sedalia police officer was conducting a traffic stop on Nov. 21, 2017, but when the officer activated his emergency lights, Denny accelerated away from the patrol car. The officer activated his sirens and pursued Denny for about two blocks before Denny abruptly pulled over.
During the pursuit, the officer could see that Denny appeared to be moving something with his hands in the middle of the seat. When the officer approached his truck, Denny was nervous and his hands were visibly shaking. The officer noticed that Denny appeared to be attempting to conceal something under a bag next to him.
After the officer told Denny to step out of the truck, he admitted that there was a gun in the seat. The officer searched the truck and recovered the pistol, which had been reported stolen out of Sedalia, as well as a black pouch that contained several plastic Ziploc bags, including one baggie with suspected methamphetamine.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Denny has three prior felony convictions for possession of a controlled substance and two prior felony convictions for driving with a revoked/suspended license.
Under federal statutes, Denny is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Lawrence E. Miller. It was investigated by the Sedalia, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Scranton Man Charged with Importing Synthetic Canaboids from ChinaRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John Verkitus, age 53, of Scranton, Pennsylvania, was indicted on March 13, 2018, by a federal grand jury for importing into the United States synthetic canaboids, which are controlled substance analogues. The case was unsealed on March 14, 2018, following Verkitus’ plea of not guilty entered before United States Magistrate Judge Karoline Mehalchick.
According to United States Attorney David J. Freed, the indictment alleges that Verkitus obtained the drugs from China during 2015 and 2016. The indictment identifies the synthetic canaboid as “Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3carboxylate,” also known as NM-2201.
Under federal law, controlled substance analogues, which are chemically similar to controlled substances in Schedules I or II, to the extent they are intended for human consumption, are treated as controlled substances
The charge against Verkitus stems from an investigation by special agents of the Drug Enforcement Administration, the U.S. Postal Inspection Service, and the Scranton Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Sacramento Man Pleads Guilty to Repeat Child Pornography OffenseRead the Press Release
SACRAMENTO, Calif. —Marc Christopher Turner, 44, of Sacramento, pleaded guilty today to receipt of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, law enforcement agents searched Turner’s apartment in September 2016. Review of Turner’s computer located 90 videos and 171 still images depicting the sexual abuse and exploitation of minors. At the time of the search, Turner was a registered sex offender based on a prior conviction in federal court in Sacramento for distributing child pornography.
This case was investigated by the Sacramento Internet Crimes Against Children (ICAC) Task Force, a federally and state-funded task force managed by the Sacramento Sheriff’s Department with agents from federal, state, and local agencies. The Sacramento ICAC investigates online child exploitation crimes, including child pornography, enticement, and sex trafficking. Assistant U.S. Attorney Matthew G. Morris is prosecuting the case.
Turner is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on May 31, 2018. Turner faces a maximum statutory penalty of 40 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to 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.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Rogers Man Sentenced to over 12 Years in Federal Prison for Distribution of MethamphetamineRead the Press Release
Fayetteville, Arkansas – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Christopher Scott, age 35 of Rogers, was sentenced today to 151 months in federal prison and four years of supervised release on one count of distribution of methamphetamine. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, in the spring of 2017, the Drug Enforcement Administration (DEA) learned that methamphetamine was being distributed in Northwest Arkansas by Scott. In May of 2017, the DEA arranged and conducted a controlled purchase of methamphetamine from Scott. The substance purchased was sent to the DEA South Central Laboratory for testing. The lab determined that the substance contained 26.105 grams of actual methamphetamine.
This case was investigated by the Drug Enforcement Administration and local law enforcement agencies. Assistant United States Attorney Kim Harris prosecuted the case for the United States.
Project HuntingtonRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Mike Stuart issued the following statement this morning during a press conference held at the Sidney L. Christie Federal Building in Huntington:
Remarks as prepared for delivery
“Good morning.
Attorney General Sessions and this Administration is wholly committed to working with our federal, state and local partners to ensure the safety of our streets, our families and our children. Frankly, we will no longer tolerate drug dealers, drug traffickers, violent criminals, or illegal guns on the streets of the City of Huntington.
Our goal is simple- To make Huntington the “Safest City in America.”
In what we are calling, “PROJECT HUNTINGTON”, I have ordered a surge of federal prosecutors in Huntington – doubling the number of prosecutors and, within weeks, tripling our office and we will add even more prosecutors as circumstances require. My team is led by Assistant United States Attorney Monica Coleman, a veteran prosecutor with a record of aggressive, fearless prosecution and she will lead a team wholly dedicated to this effort. The instructions to my team cannot be more clear – “Put violent criminals and bad guys behind bars, off our streets, and away from the public as long as possible.”
I want to personally thank Mayor Williams, Huntington Interim Police Chief Dial, and Prosecutor Hammers for their partnership in this effort. “PROJECT HUNTINGTON” would not be possible without their commitment and support.
In addition to Mayor Williams, Chief Dial, and Prosecutor Hammers, with me today are:
Supervisory Special Agent Wes Quigley, FBI
Assistant Special Agent in Charge David Gourley, DEA
Resident Agent in Charge Adam Black, ATF
Sharon Frazier, Cabell County Assistant Prosecutor
Monica Coleman, Assistant United States Attorney
With the assistance and commitment of our federal partners, “PROJECT HUNTINGTON” and a surge of prosecution ensures that every federal resource possible will be dedicated to working with our state and local partners to “Take Back These Streets” from those that bring havoc, chaos and despair to the Greater Huntington area.
“PROJECT HUNTINGTON” ensures that Huntington’s “greatest days” lay ahead.
Thank you.”
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Pro Poker Player Indicted on Fraud Charges Alleging Theft of over $6 Million Dollars in Super Bowl and World Cup Ticket-Flipping ScamRead the Press Release
SANTA ANA, California – An Orange County man has been indicted on wire fraud charges that allege a $6 million scheme that bilked investors who were promised large profits from the resale of tickets to high-profile sporting events.
Seyed Reza Ali Fazeli, 49, a professional poker player who resides in Aliso Viejo, was named in a two-count indictment returned Wednesday by a federal grand jury.
The indictment alleges that Fazeli ran a Las Vegas-based ticket business called Summit Entertainment, which also operated under the names onlinetickets.com and pacertickets.com. From May 2016 through at least May 2017, Fazeli solicited investors in Orange County, Houston and Las Vegas, Nevada to send approximately $6.2 million to Summit to purchase tickets to the 2017 Super Bowl and the 2018 World Cup. Fazeli allegedly told investors that Summit would resell the tickets at a substantial profit and share the proceeds with the investors.
Investors wired more than $6 million to Summit to purchase tickets for last year’s Super Bowl, but after the event Fazeli failed to provide any profit distribution to investors, according to the indictment. Fazeli allegedly falsely told the victims that the ticket sales did not go well because the NFL prohibited their resale and that he was working on a settlement with the NFL.
According to court documents, Fazeli never purchased large amounts of Super Bowl or World Cup tickets as promised. Instead, he used the money for gambling expenses at the Aria and Bellagio casinos in Las Vegas and for personal expenses.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
If he were to be convicted of the two charges in the indictment, Fazeli would face a statutory maximum penalty of 40 years in federal prison.
Fazeli was arrested in this case by the FBI on February 14 pursuant to a criminal complaint. During a court hearing the next day, he was released on a $120,000 bond and was ordered to appear in United States District Court for an arraignment on March 26.
Anyone who may have been victimized by Summit or Fazeli is encouraged to contact the FBI’s Los Angeles Field Office at 310-477-6565.
The investigation into Fazeli is being conducted by the Federal Bureau of Investigation.
This case is being prosecuted by Assistant United States Attorney Joseph T. McNally.
Possession of a Firearm by a Prohibited PersonRead the Press Release
Council Bluffs, IA- United States Attorney Marc Krickbaum announced that on March 13, 2018, 35-year-old Sean Cullen of Council Bluffs, Iowa was sentenced to 2 years in prison and ordered to serve three years of Supervised Release at the conclusion of his imprisonment, by Senior District Court Judge Robert Pratt for Felon in Possession of a Firearm.
On September 23, 2017, Cullen was admitted into the emergency room at Jennie Edmondson hospital with a gunshot wound to his leg claiming someone had shot him. After an investigation it was determined that Cullen shot himself with a firearm during a domestic dispute. Cullen then threw the loaded handgun into a neighbor’s yard before driving himself to the hospital for treatment. Officers observed a trail of blood on the outside of the residence that led to the fence of the property. The neighbor located the gun and reported it to Council Bluffs Police Department the next day. The firearm was determined to be a six shot, .22 caliber revolver, with one spent round in the cylinder. Cullen was convicted in 2007 of a felony for theft.
The investigation was conducted by the Council Bluffs Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Possession of a Firearm by a Prohibited PersonRead the Press Release
Council Bluffs, IA- United States Attorney Marc Krickbaum announced that on March 13, 2018, 33 year old Jesus Everardo Medina of Council Bluffs, Iowa, was sentenced to 37 months in prison, and ordered to serve three years of Supervised Release at the conclusion of his imprisonment, by Senior District Court Judge Robert Pratt for Possession of a Firearm by a Felon.
The investigation began with law enforcement with the Council Bluffs Police Department responding to a gunshot being heard in the 1400 block of Avenue B shortly after midnight on June 5, 2017. Upon arriving in the area, officers located nine millimeter shell casings and were told by a witness that the party responsible, Jesus Medina, had left the area in a gold colored two door car. This vehicle was located by law enforcement a short distance from the 1400 block of Avenue B, with Medina in the back seat. A nine millimeter Jennings semi-automatic handgun was found in the seat pocket in front of Medina. Medina was convicted of a felony offense in 2009 making it unlawful for him to possess a firearm.
The investigation was conducted by the Council Bluffs Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Pittsburgh Man Sentenced for Violating Federal Narcotics LawsRead the Press Release
PITTSBURGH, PA – An Allegheny County resident has been sentenced in federal court to a 48-month term of imprisonment on a charge of obtaining a controlled substance by fraud, and a 60-month term of imprisonment on a charge of distribution of oxycodone, a Schedule II controlled substance, to run concurrently, to be followed by a three-year term of supervised release, United States Attorney Scott W. Brady announced today.
United States District Judge Arthur J. Schwab imposed the sentence on Carl T. Wilson, age 50, of Pittsburgh, Pennsylvania.
According to information presented to the Court, from late 2015 to March 2017, Wilson knowingly, intentionally and unlawfully obtained oxycodone, a Schedule II controlled substance, by misrepresentations, fraud and deception. Also, on March 27, 2017, Wilson knowingly, intentionally, and unlawfully possessed with intent to distribute and distributed oxycodone.
Assistant United States Attorney Cindy K. Chung prosecuted this case on behalf of the government.
United States Attorney Brady commended the Drug Enforcement Administration, the Department of Health and Human Services, Office of Inspector General, and the Federal Bureau of Investigation for conducting the investigation leading to the successful prosecution of Carl T. Wilson.
Philadelphia Man Charged with Possession of a Firearm by a Convicted FelonRead the Press Release
PHILADELPHIA – Keith Freeman, 23, of Philadelphia, Pennsylvania was charged today by Indictment with one count of possession of a firearm by a convicted felon, announced United States Attorney Louis D. Lappen.
If convicted, the defendant faces a maximum sentence of ten years in prison, plus a possible fine, supervised release, and a special assessment.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) and the Philadelphia Police Department. It is being prosecuted by Assistant United States Attorney Timothy M. Stengel.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Man Charged with Drug TraffickingRead the Press Release
Shawn Gilbert, 46, of Philadelphia, was charged today by indictment[1] with possession with intent to distribute marijuana and Xanax, possession of a firearm in furtherance of a drug trafficking crime, possession of a firearm by a convicted felon, announced United States Attorney Louis D. Lappen.
The indictment alleges that on about September 1, 2017, Gilbert possessed with intent to distribute marijuana and Xanax, and was found in possession of a firearm along with the marijuana and Xanax.
If convicted, Gilbert faces lifetime imprisonment, including a 20 year mandatory minimum term of imprisonment, at least 4 years up to lifetime supervised release, a $1,250,000 fine, and a $200 special assessment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Philadelphia Police Department, and has been assigned to Assistant United States Attorney Salvatore L. Astolfi.
[1] An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pennsylvania Men Sentenced to Prison for Running Fraudulent Tax Return RingRead the Press Release
Two Philadelphia men were sentenced to prison for conspiring to file fraudulent tax refund claims, announced U.S. Attorney Louis D. Lappen for the Eastern District of Pennsylvania and Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
Moise Olivier, 28, a member of the conspiracy, was sentenced today to serve three months in prison, followed by three years of supervised release, and was ordered to pay $181,805.10 in restitution and a $100 special assessment. Hans Pierre, another member of the conspiracy, was sentenced last month to serve three months in prison. Pierre, 29, was also sentenced to three years of supervised release following his prison sentence and ordered to pay $95,157.41 in restitution and a $100 special assessment.
According to documents and information provided to the court, Olivier and Pierre conspired with others to use stolen IDs to file tax returns with the Internal Revenue Service (IRS) fraudulently seeking tax refunds. Although neither man had a tax preparation business, Olivier opened up a bank account in the name of “Moise Olivier Tax Service” and Pierre opened up two bank accounts in the name of “Hans Pierre Tax Service” to facilitate the crime. Their co-conspirators directed the IRS to deposit some of the fraudulently obtained refunds into these bank accounts. Olivier and Pierre withdrew money from their bank accounts to provide to other co-conspirators, and they kept a substantial portion of the illegal proceeds for their own use. Olivier admitted to causing a tax loss of $181,805.10. Pierre admitted to causing a tax loss of $95,157.41.
In addition to these sentences, U.S. District Judge John R. Padova sentenced the other defendants as follows:
- Steeve Zamor, who recruited other individuals to join the scheme, was sentenced to 22 months in prison and three years of supervised release, and ordered to pay $366,135.53 in restitution and a $100 special assessment.
- Shamback Francois was sentenced to eight months in prison and three years of supervised release, and ordered to pay $425,841.14 in restitution and a $200 special assessment.
- Douge Francois was sentenced to four months in prison in prison and three years of supervised release, and ordered to pay $32,300 in restitution and a $100 special assessment.
- Daniel Monville was sentenced to three months in prison and three years of supervised release, and ordered to pay $155,789.23 in restitution and a $400 special assessment.
- Peterson Blanc was sentenced to three months in prison and three years of supervised release, and ordered to pay $100,049.10 in restitution and a $700 special assessment.
- Stanley Jean was sentenced to three months in a halfway house and five years of probation, and ordered to pay $129,000 in restitution and a $200 special assessment.
- Jean Celestin was sentenced to two months in prison and three years of supervised release, and ordered to pay $118,000 in restitution and a $100 special assessment.
- Ronald LaFortune was sentenced to two months of home confinement and three years of probation, and ordered to pay $118,000 in restitution and a $100 special assessment.
Zamor, Douge Francois, Blanc, Monville, and LaFortune all face potential immigration proceedings as a result of their felony convictions.
U.S. Attorney Lappen and Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS Criminal Investigation and the FBI, who conducted the investigation, and Trial Attorney Eric B. Powers of the Tax Division and Assistant U.S. Attorney David Ignall, who prosecuted the case.
- Steeve Zamor, who recruited other individuals to join the scheme, was sentenced to 22 months in prison and three years of supervised release, and ordered to pay $366,135.53 in restitution and a $100 special assessment.
Pennsylvania Man Sentenced for Failing to Register as a Sex OffenderRead the Press Release
BOSTON – A Pennsylvania man was sentenced today in federal court in Boston for failing to register as a sex offender.
Carlos Pagan-Reyes, 31, of Pittsburgh, Penn., was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 11 months in prison and five years of supervised release. In December 2017, Pagan-Reyes pleaded guilty to failing to register as a sex offender.
On Feb. 17, 2017, Pagan-Reyes was arrested in Boston on state charges of possession of narcotics, buying/receiving stolen goods, assault with a dangerous weapon and failure to register as a sex offender. Pagan-Reyes was released from state custody pending charges. On April 27, 2017, federal investigators arrested Pagan-Reyes for failing to register as a sex offender in Massachusetts.
On April 25, 2007, Pagan-Reyes was convicted in Dauphin County, Penn., of statutory sexual assault and indecent assault on a child less than 16-years-old. Pagan-Reyes was sentenced to state prison and ordered to register as a sex offender in any communities where he lived and worked upon release. Upon his release from prison, Pagan-Reyes registered as a sex offender in Pennsylvania. However, Pennsylvania authorities later became aware that Pagan-Reyes had left Pennsylvania without notifying the proper authorities, as he was required to do; they then issued a warrant for his arrest. Pagan-Reyes was arrested by federal authorities in Boston after determining that he had been living in Massachusetts since Nov. 30, 2016, and had not registered as a sex offender.
United States Attorney Andrew E. Lelling; John Gibbons, U.S. Marshal for the District of Massachusetts; and Boston University Police Chief Kelly Nee made the announcement. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit prosecuted the case.
Pasco Drug Dealer Sentenced to Life ImprisonmentRead the Press Release
Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Miles Barton Nichols, age 59, of Pasco, Washington, was sentenced after having been convicted after two separate jury trials in October, 2017, of one count of Possession with Intent to Distribute 50 Grams or more of pure Methamphetamine, one count of Possession with Intent to Distribute 5 Grams or more of pure Methamphetamine, one count of Possession of a Firearm in Furtherance of a Drug Trafficking Crime, and one count of Felon in Possession of a Firearm. United States Senior District Court Judge Edward F. Shea sentenced Nichols to a life term of imprisonment on Nichols for his possession with intent to distribute 50 grams or more of pure methamphetamine conviction and a 405-month term of imprisonment for his Possession with Intent to Distribute 5 grams or more of methamphetamine conviction; a ten-year term of imprisonment for his felon in possession of a firearm conviction; and a mandatory-minimum five-year term of imprisonment for his possession of a firearm in furtherance of a drug trafficking crime conviction, which sentence is to be served consecutively to all others, followed by an eight-year term of court supervision if Nichols is ever released from Federal prison.
According to information disclosed during court proceedings, the Richland Police Department Street Crimes Unit developed information that Nichols was distributing methamphetamine from his room at a hotel in Richland, Washington. Officers obtained a search warrant for Nichols’ room, and seized two firearms, ammunition, over 5 grams of pure methamphetamine, drug ledgers, digital scales, and other drug paraphernalia. Officers were unable to find Nichols when the search warrant was executed.
Through further investigation, officers determined Nichols relocated to a second hotel in Kennewick, Washington, and initiated surveillance there. After receiving information that Nichols was distributing methamphetamine out of his second hotel room, officers contacted Nichols and he was arrested on outstanding warrants. Law enforcement agents obtained a search warrant for Nichols’ second hotel room and found over 50 grams of pure methamphetamine, drug ledgers, a digital scale, and $3,302 in cash.
When interviewed by law enforcement, Nichols admitted that he sold pounds of methamphetamine on a weekly basis from both hotel rooms. Nichols also admitted that the two firearms law enforcement seized at his first hotel room were his and the drug ledgers that were seized at both rooms enabled him to keep track of his drug sales and who owed him money.
During the sentencing hearing, Judge Shea observed that Nichols’ had at least two prior felony drug convictions (Nichols had six) and they qualified him for a mandatory term of life imprisonment on his possession with intent to distribute 50 grams or more of pure methamphetamine conviction and it was an appropriate sentence to impose in this case. Judge Shea also imposed a 405-month term of imprisonment on Nichols for his possession with intent to distribute 5 grams or more of pure methamphetamine conviction and a 10-year term of imprisonment for his felon in possession of a firearm conviction. Judge Shea imposed a 5-year mandatory-minimum term of imprisonment on Nichols for his possession of a firearm in furtherance of a drug trafficking crime, to run consecutive to the other sentences imposed, followed by an eight-year term of court supervision if Nichols is ever released from federal prison.
United States Attorney Harrington said, “The Court’s sentence will protect the community, punish Nichols, and deter others who might consider committing similar crimes in our community. I also commend the law enforcement officers who worked on this case. Their seamless partnership resulted in the successful outcome of this matter. The United States Attorney’s Office for the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for offenders who possess with intent to distribute drugs and illegally possess firearms in this District.”
Darek Pleasants, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Seattle Field Division, said, “The removal of Miles Nichols from the Tri-Cities area shows the significant and positive impact ATF makes on a community when we work shoulder to shoulder with our partners in law enforcement to send a strong message that career criminals and armed narcotics traffickers will not be tolerated.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Richland Police Department; United States Drug Enforcement Administration; Kennewick Police Department; and Washington State Patrol. The case was prosecuted by Meghan McCalla and Ian Garriques, Assistant United States Attorneys for the Eastern District of Washington.
O.C. Man Pleads Guilty to Federal Wire Fraud Charge and Admits Defrauding Victims of Three Investment Schemes out of $6.8 MillionRead the Press Release
SANTA ANA, California – A Laguna Beach man has pleaded guilty to a federal wire fraud charge and admitted that he stole $6.8 million from victims of three investment fraud schemes.
Peter Heinrich Conrad Reinert, 63, pleaded guilty Wednesday before United States District Judge Josephine L. Staton.
When he pleaded guilty, Reinert admitted running three separate schemes. In one scam, Reinert, who operated the Irvine-based Fazer Technologies, claimed he was developing, among other things, a product that could increase gas mileage for any car up to 150 miles per gallon. In another fraud, this one related to Global Encryption Imaging Corporation, Reinert claimed the company was developing, among other things, anti-counterfeiting technology to be used on state-issued identification documents. In the third scheme, Reinert told victims that another company he ran, Income from Waste Corporation, was developing a technology to convert used tires into oil.
As part of the schemes, to gain legitimacy with victims, Reinert falsely claimed to be a United States Secret Service agent and a United States Marine. Reinert also falsely claimed that companies such as Tesla and General Electric were interested in Fazer’s product – and that Tesla had stolen Fazer’s technology and used it in their cars.
Through various false claims, Reinert induced victims to send him approximately $6.8 million. The victims from these schemes came from around the nation and included farmers from Missouri.
Instead of spending the victims’ money to develop the purported technologies, Reinert used the money to pay for personal expenses, luxury automobiles, sales commissions, purchases at Apple’s iTunes store, and wire transfers to an account in Poland.
Judge Staton is scheduled to sentence Reinert on June 8, at which time he will face a statutory maximum sentence of 20 years in federal prison.
As part of his plea agreement, Reinert agreed to forfeit approximately $300,000 that the FBI had seized in 2015, as well as a 2009 Mercedes Benz S63 AMG and a 2011 Mercedes Benz.
The investigation into Reinert was conducted by the Federal Bureau of Investigation and IRS Criminal Investigation. The Department of Defense, the United States Secret Service, U.S. Customs and Border Protection, the State Department, and the Laguna Beach Police Department provided substantial assistance.
The case is being prosecuted by Assistant United States Attorneys Vibhav Mittal and Daniel Lim of the Santa Ana Branch Office.
Nine People Indicted on Federal Charges in Narcotics and Firearms Trafficking InvestigationRead the Press Release
WASHINGTON – Nine people have been indicted on federal charges stemming from an ongoing investigation into a ring that allegedly distributed crack cocaine, cocaine, PCP, fentanyl, and firearms in the Washington, D.C. metropolitan area.
To date, more than 500 grams of cocaine base and 100 grams of PCP have been seized as a result of the investigation, along with 13 firearms. Nine of the guns were seized today.
The charges are contained in three indictments unsealed today in the U.S. District Court for the District of Columbia. The charges were announced by U.S. Attorney Jessie K. Liu, Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, Peter Newsham, Chief of the Metropolitan Police Department (MPD), and Thomas L. Chittum III, Special Agent in Charge of the Washington Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Seven defendants were arrested today, including Darnell Catlett, 45, of Upper Marlboro, Md.; Jamal Curtis, 39, of Washington, D.C.; Pamela Davis, 56, of Washington, D.C.; Russel Harrison, 38, of Temple Hills, Md.; Brian Jenkins, 42, of Brentwood, Md., Tydell Mims, 48, of Upper Marlboro, Md., and Everette Reel, 45, of Upper Marlboro., Md. Two other defendants are still being sought.
Eight defendants are charged with taking part in a conspiracy to distribute and possess with intent to distribute cocaine and 280 grams or more of crack. Numerous defendants are also charged with possessing and distributing various narcotics, including crack, cocaine, PCP and fentanyl, during the period of the investigation. The indictments also include a forfeiture count against all of those now charged in the investigation, which seeks all proceeds from the crimes.
Two defendants are alleged to have engaged in a conspiracy to traffic firearms based on the controlled purchase of firearms by law enforcement led by the FBI, with the assistance of MPD and ATF.
“This investigation is another example of our determination to target drug trafficking organizations that are bringing crack cocaine, cocaine, PCP and firearms into neighborhoods of the District of Columbia,” said U.S. Attorney Liu. “Through this coordinated law enforcement effort, we were able to remove significant quantities of drugs as well as firearms from the streets.”
“Today’s arrests send a clear message that drug traffickers have no place in our community,” said Assistant Director in Charge Vale. “The FBI along with our local law enforcement partners is focused on stopping the movement and sale of drugs on our streets and ensuring that our neighborhoods are free from illegal firearms.”
“ATF is dedicated to removing those that use firearms to commit violence from our streets,” said Special Agent in Charge Chittum. “This investigation is a great example of how we actively collaborate with our federal, state and local law enforcement partners to reduce violent crime and keep our communities safe.”
In May 2015, the FBI, with the assistance of MPD, began a long-term investigation into a drug trafficking organization that operated in the Montana Terrace neighborhood of Northeast Washington and extended into Maryland. Earlier today, the FBI coordinated the execution of eight search warrants and the arrest warrants in the District of Columbia and Maryland. The search warrants were executed on five residences and three automobiles belonging to numerous alleged co-conspirators, resulting in the recovery of additional quantities of narcotics, firearms, narcotics paraphernalia, and approximately $80,000 in cash.
The defendants began making their first court appearances today.
This case is part of an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation. OCDETF specializes in the investigation and prosecution of drug trafficking and money laundering organizations and related criminal enterprises.
An indictment is merely a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.
In announcing the charges, U.S. Attorney Liu, Assistant Director in Charge Vale, Chief Newsham, and Special Agent in Charge Chittum commended the work of those who investigated the case from the FBI, ATF, and MPD. They also expressed appreciation for the assistance provided by the U.S. Marshals Service, the FBI’s Baltimore Division, the Prince George’s County, Md. Police Department, and the U.S. Attorney’s Office for the District of Maryland.
Finally, they cited the efforts of those who are working on the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorneys Kevin Rosenberg and Christopher Macchiaroli.
Nigerian Man Using False Identification Charged with Disaster FraudRead the Press Release
HOUSTON ‐ A man using a false identification in a scheme to obtain a fraudulent government loan for damage sustained from Hurricane Irma is set to appear in federal court, announced U.S. Attorney Ryan K. Patrick.
A grand jury in Houston returned the three-count indictment against Oluseyi Jeremiah Olagoke Adebayo aka Jeremiah Adebayo Oluyesi, 43, a Nigerian man who illegally resided in Houston, on March 8, 2018. He is set to appear before U.S. Magistrate Judge Christina Bryan today at 10:00 a.m.
According to the indictment, from October 2017 to February 2018, Adebayo used the identification of an Orlando, Florida, resident in an attempt to obtain a fraudulent disaster home loan from the Small Business Administration (SBA) in connection to Hurricane Irma.
The SBA provides long-term low-interest loans to businesses and non-profit organizations in the aftermath of a declared disaster. Loan proceeds are to be used solely for the repair or replacement of real estate, inventory, supplies, machinery and equipment damaged during a declared disaster. Hurricane Irma impacted the Gulf Coast region, including the state of Florida, and was declared a disaster in September 2017.
An application was allegedly submitted to the SBA in October 2017 for a $118,900 home disaster loan which contained several potential fraud indicators. Further, an individual in Houston had attempted to collect on the loan for the Florida property, according to the indictment.
Adebayo appeared at a U.S. Post Office in Houston on Feb. 7, 2018, to obtain the fraudulent loan disbursement check, according to the charges. Adebayo allegedly used a counterfeit passport with the identification of the Florida resident to obtain the check. At that time, the indictment alleges he was also found in possession of a counterfeit U.S. visa.
Adebayo is charged with one count of fraud in connection with a major disaster and forgery or false use of a passport for which he faces up to 20 and 10 years in federal prison, respectively. He also faces a mandatory two years upon conviction of aggravated identity theft which must be served consecutively to any other prison term imposed. All counts also carry a potential $250,000 maximum fine.
SBA-Office of Inspector General and U.S. Postal Inspection Service conducted the investigation. Assistant U.S. Attorney Michael Day is prosecuting the case.
An indictment is an accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.New Bedford Man Charged with Federal Drug and Firearms OffensesRead the Press Release
BOSTON – A New Bedford man was indicted today in federal court in Boston on drug and gun charges.
Ryan Holleran, 26, was charged with one count of possession with intent to distribute cocaine, oxycodone, and 28 grams or more of cocaine base; one count of possession of an unregistered firearm; one count of possession of a firearm with an obliterated serial number; and one count of possession of a short-barreled shotgun in furtherance of a drug trafficking crime.
On Nov. 10, 2017, law enforcement arrested Holleran after executing a search warrant at his apartment. Police recovered an unregistered firearm – a 12-gauge Remington model 870 Express Magnum pump action shotgun with a barrel length of less than 18 inches; a firearm with an obliterated serial number – a 5.56mm caliber Stag Arms model Stag-15 semi-automatic rifle; as well as an M-11 pistol and a Smith & Wesson revolver, over 700 rounds of assorted caliber ammunition, and 11 high capacity magazines.
The charge of possession with intent to distribute cocaine and oxycodone provides for a sentence of no greater than 20 years in prison, at least three years and up to a lifetime of supervised release, and a $1 million fine. The charge of possession with intent to distribute 28 grams or more of cocaine base provides for a mandatory minimum sentence of five years and no greater than 40 years in prison, at least four years and up to a lifetime of supervised release, and a fine of up to $5 million. The charge of possession of an unregistered firearm provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a $10,000 fine. The charge of possession of a firearm with an obliterated serial number provides for no greater than five years in prison, three years of supervised release, and a $250,000 fine. The charge of possession of a short barreled shotgun in furtherance of a drug trafficking crime provides for a minimum sentence of 10 years and up to life in prison, up to five years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Nebraska Man to Federal Prison for Iowa Meth ConspiracyRead the Press Release
A man who conspired with others to distribute methamphetamine was sentenced March 13, 2018, to sixteen years in federal prison.
Ryan Wilcox, 30, from Omaha, Nebraska, received the prison term after an October 13, 2017, guilty plea to conspiracy to distribute methamphetamine.
At the guilty plea, Wilcox admitted his involvement in a conspiracy that distributed more than 500 grams of methamphetamine in the Sioux City area from January 2017 through about April 29, 2017. During a search of a hotel registered to Wilcox, law enforcement seized a digital scale, approximately 25 grams of methamphetamine, and a bag of syringes in the safe within the room and a large quantity of plastic baggies on top of the safe. During a post-Miranda interview, Wilcox admitted ownership of the methamphetamine and supplies in the hotel room.
Wilcox was sentenced in Sioux City by United States District Court Chief Leonard T. Strand. Wilcox was sentenced to 192 months’ imprisonment. A special assessment of $100 was imposed. He must also serve an 8-year term of supervised release after the prison term. There is no parole in the federal system. Wilcox is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Mikala M. Steenholdt and investigated by the Tri-State Drug Task Force consisting of officers from the Sioux City Police Department, South Sioux City Police Department, Woodbury County Sheriff’s Office, Iowa Division of Narcotics Enforcement, Drug Enforcement Administration, Iowa Criminalistics, and Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4044. Follow us on Twitter @USAO_NDIA.
More Than Ten Defendants Charged in Federal Investigation of Drug Trafficking on Chicago’s South SideRead the Press Release
CHICAGO — More than ten defendants are facing federal drug charges for allegedly trafficking fentanyl, heroin and cocaine on Chicago’s South Side.
The investigation, dubbed “Operation Box Car Willie,” centered on drug sales in the city’s Woodlawn neighborhood and resulted in the seizure of distribution quantities of fentanyl, heroin and crack cocaine. The probe was conducted under the umbrella of the Organized Crime Drug Enforcement Task Force, a partnership between federal, state and local law enforcement agencies. The principal mission of OCDETF is to identify, disrupt and dismantle the most serious drug trafficking organizations.
A criminal complaint and affidavit filed Tuesday in federal court in Chicago charges ten defendants with conspiracy to possess controlled substances with intent to deliver. One other defendant is charged individually with possessing controlled substances with intent to deliver, bringing the total number of defendants to eleven.
Several of the defendants were arrested Wednesday. Detention hearings will be held next week before U.S. Magistrate Judge Maria Valdez.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; James M. Gibbons, Special Agent-in-Charge of the Chicago office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Eddie Johnson, Superintendent of the Chicago Police Department; Leo P. Schmitz, Director of the Illinois State Police; and Gabriel L. Grchan, Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago. Substantial assistance was provided by the Illinois Secretary of State Police Department and the Illinois Department of Corrections.
According to the charges, JONATHAN MASON, 42, of Chicago, operated a drug trafficking organization in the 6400 block of South Champlain Avenue in Chicago. Mason conspired with DEON PUGH, 37, of Chicago, and KEVIN TWYMAN, 35, of Chicago, as well as others, to obtain wholesale quantities of cocaine, fentanyl, heroin and marijuana for distribution in the Chicago area, the complaint states. The other charged conspirators who allegedly distributed the narcotics include DERRICK WILTZ, 44; EDUARDO ANDERSON, 51; DENNIS MYERS, 59; RYAN PEARSON, 40; ALVIN WILLIAMS, 48; PARIS OBRYANT, 37; and MARTELL WHITE, 31; all of Chicago.
The conspirators allegedly sold drugs inside two stores in the Woodlawn neighborhood – one on East 63rd Street and the other on East 67th Street. On two occasions last month, undercover law enforcement officers purchased cocaine and heroin from Pearson and Obryant inside the 63rd Street store, the complaint states.
The defendant charged individually with possession is WILLIAM RUTLEDGE, 34, of Cedar Rapids, Iowa. Rutledge is identified in the complaint as a customer of Mason and Pugh who allegedly purchased more than 100 grams of crack cocaine from the pair last month.
The public is reminded that a complaint contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The conspiracy charge carries a maximum sentence of life in prison, while the possession charge against Rutledge is punishable by up to 20 years. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory United States Sentencing Guidelines.
Assistant U.S. Attorneys Matthew Kutcher and Kristen Viglione are representing the government.
Mexican National Facing Federal Charge Based on 40-Pound Cocaine Seizure at Port of Entry in New MexicoRead the Press Release
ALBUQUERQUE – This morning, a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Edgardo Torres-Ruvalcaba, 32, a Mexican national, with a cocaine trafficking offense arising out of the seizure of more than 40 pounds of cocaine at the Santa Teresa, N.M., Port of Entry on March 10, 2018. Torres-Ruvalcaba was remanded into custody pending trial, which has yet to be scheduled.
U.S. Customs and Border Protection officers arrested Torres-Ruvalcaba on March 10, 2018, after seizing approximately 18.4 kilograms (40.4 pounds) of cocaine allegedly concealed in Torres-Ruvalcaba’s vehicle. According to the criminal complaint, the agents found the cocaine while inspecting the vehicle at the Santa Teresa, N.M., Port of Entry.
If convicted of the charges in the criminal complaint, Torres-Ruvalcaba faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of Homeland Security Investigations. Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Men from Chardon and Cleveland charged with child pornography crimesRead the Press Release
Two people – one from Chardon, the other from Cleveland – were indicted for unrelated child pornography crimes.
Joshua A. O’Brian, 28, of Chardon, was charged with receiving visual depictions of minors engaged in sexually explicit conduct and transferring obscene materials to minors.
O’Brian knowingly received numerous computer files which contained visual depictions of real minors engaged in sexually explicit conduct. This took place between March and November 2017. O’Brian also knowingly transferred obscene matter to a minor female in Pennsylvania during the same time period, according to the indictment.
David M. Richards, 61, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct.
Richards in October 2017 knowingly received and distributed numerous computer files which contained visual depictions of real minors engaged in sexually explicit conduct. On Feb. 21, 2018, Richards possessed an HP Pavilion laptop computer that contained child pornography, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
Both cases are being prosecuted by Assistant U.S. Attorney Carol M. Skutnik. The O’Brian case was investigated by the FBI while the Richards case was investigated by the Department of Homeland Security, Homeland Security Investigations.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum. This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik.
A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Mechanicsburg Man Charged with Possession of A Firearm as A Convicted FelonRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John Fishel Jr., age 44, of Mechanicsburg, Pennsylvania, was indicted yesterday by a federal grand jury on firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that on February 5, 2018, Fishel Jr., unlawfully possessed a Bauer, 25 caliber firearm, in Newberry Township, York County, after previously being convicted of a felony.
The case was investigated by the Newberry Township Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Chelsea Schinnour is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The minimum mandatory penalty is 15 years imprisonment and the maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Massachusetts Man Sentenced to 30 Months in Prison for Distributing Fentanyl in NorwichRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that ELIAS ESCARRAMAN 35, formerly of Springfield and Worcester, Massachusetts, was sentenced yesterday by U.S. District Judge Vanessa L. Bryant in Hartford to 30 months of imprisonment, followed by three years of supervised release, for trafficking fentanyl.
According to court documents and statements made in court, an investigation revealed that ESCARRAMAN was traveling from Massachusetts to the Norwich, Connecticut, area approximately twice a week to distribute what he called “china white,” a mixture of heroin and fentanyl. In April and May, investigators made multiple controlled purchases of “china white” from ESCARRAMAN, including on May 4, 2017, when investigators purchased 1,000 bags of the drug for $2,500. Investigators then arranged to purchase 2,000 bags of “china white” from ESCARRAMAN in exchange for $5,000. On May 15, ESCARRAMAN was arrested after he arrived at the meeting location in Norwich in possession of approximately 2,000 bags of the drug.
Lab analysis determined that ESCARRAMAN possessed and distributed more than 66 grams of fentanyl during the investigation.
ESCARRAMAN has been detained since his arrest. On November 15, he pleaded guilty to one count of possession with intent to distribute fentanyl.
As part of the sentence, Judge Bryant ordered ESCARRAMAN to forfeit a 2008 Mercedes-Benz ML350 that ESCARRAMAN drove to the meet location on May 15 and was seized at the time of his arrest.
This matter was investigated by the Federal Bureau of Investigation, the Norwich Police Department and the Springfield Police Department. The case was prosecuted by Assistant U.S. Attorney Dave Vatti.
Maryland Man Sentenced to 12 Years in Prison for His Role in Scheme That Used Stolen Identities to Fraudulently Seek Tax RefundsRead the Press Release
WASHINGTON – A Clinton, Md. man was sentenced today to 12 years in prison for his involvement in a scheme to fraudulently obtain millions of dollars in income tax refunds, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division; U.S. Attorney Jessie K. Liu for the District of Columbia; Special Agent in Charge Kimberly Lappin of the Internal Revenue Service Criminal Investigation (IRS-CI) Washington D.C. Field Office; Inspector in Charge Robert B. Wemyss of the U.S. Postal Inspection Service, Washington Division and Assistant Inspector General for Investigations John L. Phillips of the U.S. Department of the Treasury.
Tony Bryant, 56, was convicted by a jury on Feb. 17, 2017, of one count of conspiracy to commit theft of government funds and to defraud the United States and five counts each of theft of public money and aggravated identity theft. Two co-defendants also were found guilty at trial. They include Bryant’s son, Brian Bryant, 30, formerly of Mount Rainier, Md., and Tarkara Cooper, 37, of Washington, D.C. The verdicts followed a trial in the U.S. District Court for the District of Columbia. Brian Bryant was sentenced earlier this month to a 100-month prison term, and Cooper was sentenced in July 2017 to a 63-month prison term.
Bryant was part of a massive sophisticated stolen identity refund fraud scheme that involved a network of more than 130 people, many of whom were receiving public assistance. Conspirators fraudulently claimed refunds for tax years 2005 through 2012, often in the names of people whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts and incarcerated prisoners. Returns were also filed in the names of, and refunds were issued to, willing participants in the scheme. The returns filed listed more than 400 “taxpayer” addresses located in the District of Columbia, Maryland and Virginia. According to court documents, the overall case involved the filing of at least 12,000 fraudulent federal income tax returns that sought at least $42 million in refunds.
Conspirators played various roles in the scheme: stealing identifying information; allowing their personal identifying information to be used; creating and mailing fraudulent federal tax returns; allowing their addresses to be used for receipt of the refund checks; cashing the refund checks; providing bank accounts into which the refund checks were deposited and forging endorsements of identity theft victims on the refund checks. The false returns typically reported inflated or fictitious income from a sole proprietorship and claimed phony dependents to generate an Earned Income Tax Credit, a refundable federal income tax credit for working families with low to moderate incomes. To date, approximately two dozen participants in this scheme have pleaded guilty.
According to the evidence presented at trial, from approximately April 2010 through June 2012, Bryant, his son, Cooper, and others collectively claimed $4,959,310 in fraudulent refunds, of which the IRS paid out approximately $2,285,717. Specifically, Tony Bryant used bank accounts under his control to negotiate federal income tax refund checks, often with assistance from bank employees who were compensated for their services. The proceeds were usually transferred within a day or two to other bank accounts.
In addition to the term of prison imposed, U.S. District Judge Rosemary M. Collyer ordered Bryant to serve three years of supervised release and to pay $2,118,139 in restitution to the IRS. She also ordered a forfeiture money judgment of $244,262.
Principal Deputy Assistant Attorney General Zuckerman, U.S. Attorney Liu, Special Agent in Charge Lappin, Inspector in Charge Wemyss and Assistant Inspector General Phillips commended the special agents who conducted the investigation and acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office of the District of Columbia, including former Assistant U.S. Attorney Sherri L. Schornstein; Assistant U.S. Attorney Chrisellen Kolb; Paralegal Specialists Aisha Keys and Donna Galindo; former Paralegal Specialists Jessica Mundi and Julie Dailey; Litigation Technology Specialist Ron Royal; Investigative Analysts William Hamann and Zachary McMenamin, and Victim/Witness Advocate Tonya Jones. They also expressed appreciation for the work of Trial Attorneys Jeffrey B. Bender, Thomas F. Koelbl, and Jessica Moran of the Tax Division, who worked on the case.
Finally, they commended the work of Assistant U.S. Attorneys Ellen Chubin Epstein and Michelle Bradford of the District of Columbia’s Fraud and Public Corruption Section and Trial Attorney Kimberly G. Ang of the Tax Division, who prosecuted the case, as well as Assistant U.S. Attorney Diane Lucas, who assisted with forfeiture issues.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Man Who Used Fake Identity for 19 Years Pleads Guilty to Making a False Statement on Passport ApplicationRead the Press Release
CINCINNATI – Fred Aundraus Gaston III, 44, of Cincinnati, pleaded guilty in U.S. District Court to a crime related to using a fake identity since 1999.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Ben Sides, Special Agent in Charge, U.S. Department of State, Diplomatic Security Service, Chicago Field Office announced the plea entered into before U.S. District Judge Timothy S. Black.
According to the Statement of Facts, beginning in 1999, Gaston created the identity and assumed the alias “Brandon Jordan Thomas.” Specifically, on May 18, 1999, he applied for a delayed birth certificate in Illinois using the made-up name. In June of that year, the state of Illinois issued the delayed birth certificate.
The next month, Gaston applied for a Social Security card using the name “Brandon Jordan Thomas” and was issued a new Social Security number. He obtained replacement Social Security cards in the fake name in August 1999, April 2007, November 2009 and June 2015.
Gaston also obtained an Ohio driver’s license under the alias and compiled a credit history in that name as well.
In February 2015, Gaston applied for a U.S. Passport at the post office in Milford, Ohio under the false identity and his own photograph. The application was ultimately denied because Gaston failed to respond to a follow-up request from the State Department to submit additional documentation to support the application.
In August 2017, when federal agents visited Gaston’s home, he identified himself as “Shawn Carter.” He was wearing a Rich Snob Entertainment t-shirt, the same company identified as the place of employment on both the “Brandon Jordan Thomas” passport application and a passport application that Gaston submitted under his true identity on a different date.
Gaston pleaded guilty to one count of making a false statement in a passport application. The parties involved in this case have recommended a sentence of one year of probation, and Judge Black will consider that recommendation at a future sentencing hearing. The defendant also agrees to forfeit the Ohio driver’s license, State of Illinois Delayed Record of Birth and Social Security card all in the name of “Brandon Jordan Thomas.”
U.S. Attorney Glassman commended the investigation of this case by the State Department and Special Assistant United States Attorney Timothy Landry, who is representing the United States in this case.
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MS-13 Member Pleads Guilty to RICO Conspiracy and Drug TraffickingRead the Press Release
BOSTON – A member of La Mara Salvatrucha, or MS-13, pleaded guilty yesterday in federal court in Boston to charges of racketeering conspiracy and drug conspiracy.
Rutilio Portillo, a/k/a “Pantera,” 34, a Salvadoran national who resided in Chelsea, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy, as well as conspiracy to distribute marijuana. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for June 7, 2018.
After a three-year investigation, Portillo was one of 61 persons named in a superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. Portillo was a “homeboy,” or full member, of MS-13’s Everett Locos Salvatrucha (ELS) clique. During the investigation, law enforcement officers recorded conversations between Portillo and a cooperating witness in which Portillo discussed ongoing MS-13 activities in Massachusetts and admitted to conspiring with MS-13 members to distribute marijuana.
Portillo is the 34th defendant to be convicted in this case. The charge of RICO conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000. The charge of conspiracy to distribute marijuana provides for a sentence of no greater than five years in prison, a minimum of two years of supervised release, and a fine of no greater than $250,000. Portillo will be subject to deportation upon the completion of their sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.
Low-Income Housing Developer Charged with Fraud for Allegedly Creating a False Pass-Through Company in Scheme to Defraud Lenders and USDARead the Press Release
DES MOINES, Iowa —A longtime developer of low-income housing in Iowa, Jeffrey W. VOORHEES, has been charged with creating a false pass-through company in order to artificially inflate a loan to rehabilitate a housing development located in various towns and cities in Iowa, announced United States Attorney Marc Krickbaum.
According to the indictment, VOORHEES, acting through his own consulting company and a not-for-profit entity, purchased and rehabilitated seven properties which together formed what was referred to as Candleridge VII. The properties were purchased with a United States Department of Agriculture direct loan, and were rehabilitated with a private bank loan that was guaranteed by USDA in the event of default. Brian L. PITTMAN, the general contractor on the development, is also charged in the scheme with VOORHEES. Together, PITTMAN and VOORHEES are alleged to have artificially inflated construction costs and created a pass-through company, Rural Construction Services, in order to obtain approximately $359,000 in artificially inflated loan proceeds. VOORHEES is also alleged to have artificially inflated other costs in the loan to obtain an additional approximately $318,000 in loan proceeds. The loan proceeds were to be repaid using USDA-subsidized tenant rents.
The purpose of these USDA loan programs is to support the development of rental units for low- and moderate-income individuals and families in rural areas and towns. USDA regulates how the loan proceeds can be spent, and also imposes requirements on the borrowers to disclose any identity of interest relationships. The indictment alleges that VOORHEES knew these regulations but did not follow them in order to unlawfully profit from the USDA loan programs.
VOORHEES and PITTMAN are together charged with five counts of wire fraud affecting a financial institution. Each of those counts is punishable by up to 30 years in prison. The indictment also charges VOORHEES with three felony counts relating to allegedly moving the profits of RCS into bank accounts in his wife’s name, each count of which is punishable by up to 10 years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.This investigation was conducted by the USDA-Office of Inspector General, and the case is being prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Long Island Man Charged with Possession with Intent to Distribute over Two Kilograms of HeroinRead the Press Release
A complaint was filed earlier today, in federal court in Central Islip, New York, charging Juan Jimenez, also known as “Jason,” with possession with intent to distribute over two kilograms of heroin in Brentwood. Jiminez was arrested Wednesday night and ordered detained after his initial appearance this afternoon before United States Magistrate Judge Gary R. Brown.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, James J. Hunt, Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division, Errol D. Toulon, Jr., Suffolk County Sheriff, and Michael McGowan, Chief, Hempstead Village Police Department, announced the charges.
“As alleged in the complaint, Jiminez was involved in the wholesale trafficking of heroin, contributing to the opioid plague that has caused great suffering on Long Island,” stated United States Attorney Donoghue. “This arrest demonstrates this Office’s commitment to marshalling all available resources necessary to find and prosecute those who peddle these highly addictive narcotics in our communities.”
“DEA worldwide is working together to target opioid traffickers at all levels,” stated DEA Special Agent-in-Charge Hunt. “This investigation demonstrates our commitment to arrest dealers who push heroin onto our local streets and into the hands of users.”
“This case highlights the importance of our investigators partnering with federal authorities to disrupt the international flow of heroin into the local illicit drug market,” stated Suffolk County Sheriff Toulon.
“Hempstead Police Department is proud to be part of a highly motivated and professional task force that has made a substantial impact on the war on drugs in our community,” stated Hempstead Village Police Department Chief McGowan.
According to court papers, DEA agents uncovered a wholesale heroin distribution ring involving Jimenez, involving plans to ship multiple kilograms of heroin from Colombia for distribution on Long Island. As part of those negotiations, Jimenez delivered 2.3 kilograms of Mexican “black tar” heroin.
The arrest was the result of a continuing long-term investigation by the U.S. Drug Enforcement Administration’s Long Island District Office, with the assistance of members of the Suffolk County Sheriffs’ Office and Hempstead Village Police.
The charge in the complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty. If convicted of the crime charged, the defendant faces a mandatory minimum sentence of 10 years’ imprisonment, and up to life imprisonment.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Burton T. Ryan, Jr., is in charge of the prosecution.
The Defendant:
JUAN JIMENEZ (also known as “Jason”)
Age: 37
North Babylon, New YorkE.D.N.Y. Docket No. 18-MJ-225
Leader of Redding-Based Methamphetamine Distribution Operation Sentenced to 21 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — Rafael Pahua Martinez, 41, a Mexican national residing in Orland, was sentenced Thursday by U.S. District Judge Morrison C. England Jr. to 21 years in prison for conspiring to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, during a year-long investigation, Martinez, the principal target of that investigation, imported large quantities of methamphetamine from Southern California and then distributed them throughout the Eastern District of California and to other states.
Between September 2014 and July 2015, two undercover agents made four purchases of methamphetamine from Martinez and his couriers. These purchases occurred in Shasta and Tehama counties and totaled less than one pound. In each case, the agent negotiated the price with Martinez, who then sent one of his employees to execute the transaction in a public parking lot.
On two other occasions, Martinez used couriers to take cash to Southern California and return to Tehama County with methamphetamine. The first of these deliveries was completed on June 6, 2015, and brought 14 kilograms of methamphetamine into the Eastern District of California. In the second delivery, completed on about June 14, 2015, Martinez paid $88,200 for 10 kilograms of methamphetamine, which his courier delivered into the district.
Law enforcement officers arrested Martinez on July 7, 2015, in Orland. They seized $49,500 from Martinez and his car. He had intended to use nearly all of this this money to purchase additional methamphetamine.
This case was the product of an investigation by the Drug Enforcement Administration, the California Highway Patrol, the Tehama Interagency Drug Enforcement (TIDE) Task Force, and the Shasta Interagency Narcotic Task Force. Assistant United States Attorneys Paul A. Hemesath and Amanda Beck prosecuted the case.
Leader of Mount Vernon Street Gang Sentenced in White Plains Federal Court to 40 Years in Prison for Racketeering Offenses Including Two Murders of Rival Gang MembersRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JAMEL UPSON, a/k/a “Flynt,” was sentenced today to 40 years in prison for racketeering offenses arising out of his participation in the “Boss Playa Family” or “BPF” street gang based in Mount Vernon, New York, including the murders of two members of a rival gang in 2008. UPSON pled guilty to a Superseding Information on October 5, 2017, before U.S. District Judge Kenneth M. Karas, who imposed today’s sentence.
U.S. Attorney Geoffrey S. Berman said: “Jamel Upson lead a gang that posed a grave threat to the people of Mount Vernon. Upson has admitted to personally slaying two rival gang members in the course of gang activities. Jamel Upson’s disturbing indifference to the lives of others has been met with a fittingly stiff prison sentence that will take him off the streets for 40 years.”
According to the Superseding Information, the Indictment, other documents filed in this case, and statements made during court proceedings:
UPSON was the leader of the BPF street gang, a criminal enterprise that operated in the Mount Vernon area from approximately 2007 to 2014. BPF members sought to increase the gang’s power, protect and expand its territory, and enrich its members through an array of criminal activities, including shootings, assaults, larcenies, arson, and the distribution of cocaine and marijuana. In particular, BPF sought to assert its dominance over rival Mount Vernon street gangs, principally the “Goonies” gang, through acts of violence including numerous shootings.
On two occasions in 2008, UPSON murdered a member of the rival Goonies gang. In the early morning hours of August 13, 2008, UPSON shot and killed 19-year-old Shomari Knox, a Goonies member. UPSON, on foot, ambushed a vehicle driven by Knox near Ninth Avenue and Third Street in Mount Vernon. UPSON fired at the vehicle with a handgun, striking Knox in the neck. When first responders arrived at the scene, Knox was dead.
On December 14, 2008, UPSON shot and killed 21-year-old Cory Cabiness, another member of the Goonies. UPSON, on foot and armed with a handgun, ambushed Cabiness near Seventh Avenue and Third Street in Mount Vernon, as Cabiness was walking home from a nightclub in the early morning hours. UPSON shot Cabiness in the head and leg. Cabiness died from the gunshot wounds about two weeks later.
In addition to the murders of Knox and Cabiness, UPSON committed several other shootings targeting members and associates of the rival Goonies gang between 2008 and 2010. UPSON, along with multiple other BPF members, also carried out a theft of jewelry valued at over $40,000 from a mall in Bergen County, New Jersey in January of 2009.
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In addition to the prison term, UPSON, 33, of Mount Vernon, was sentenced to three of supervised release.
To date, five other defendants in this case have been sentenced following guilty pleas to racketeering conspiracy and other offenses arising out of their participation in the BPF gang. Samuel Carlos, 29, of Mount Vernon, was sentenced to three years in prison and three years of supervised release; Tyrone McCallum, 30, of Mount Vernon, was sentenced to 105 months in prison and five years of supervised release; Portland Ramseur, 33, of Mount Vernon, was sentenced to seven years in prison and three years of supervised release; Gorham Valentine, 33, of Mount Vernon, was sentenced to four years in prison and three years of supervised release; and Jason White, 34, of Mount Vernon, was sentenced to 160 months in prison and five years of supervised release.
Mr. Berman praised the outstanding investigative work of the Federal Bureau of Investigation and the Mount Vernon Police Department. He also thanked the Westchester County District Attorney’s Office for its participation and support in this case.
This case is being handled by the Office’s White Plains Division. Assistant U.S. Attorney George D. Turner is in charge of the prosecution.
Las Cruces Man Arrested on Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Steven Vaillancourt, II, 45, of Las Cruces, N.M., made his initial appearance today in federal court on a criminal complaint charging him with distribution of child pornography. Vaillancourt remains in federal custody pending a preliminary hearing and a detention hearing, which are scheduled for March 20, 2018.
The criminal complaint alleges that Vaillancourt distributed child pornography in March 2018, in Dona Ana County, N.M. According to the criminal complaint, Homeland Security Investigations executed a search warrant on an email account, which revealed that Vaillancourt had been communicating with a person with two minor children. Vaillancourt allegedly communicated with the individual about sharing and producing child pornography of the individual’s minor children. The complaint further alleges that Vaillancourt sent the individual three images of child pornography through text message on a cellular phone.
The statutory penalty for a conviction on a distribution of child pornography charge is a mandatory minimum of five years and maximum of 20 years of imprisonment. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Las Cruces office of Homeland Security Investigations and the Las Cruces Police Department. Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For information about Project Safe Childhood, please visit http://www.justice.gov/psc/. Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437, or to contact Homeland Security Investigations at 1-866-DHS-2-ICE.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Knoxville Man Charged in Recent Suntrust Bank RobberyRead the Press Release
KNOXVILLE, Tenn. – On Tuesday, March 13, 2018, Mark A. Stallings, 58, of Strawberry Plains, Tennessee, was arrested for the March 5, 2018, robbery of the Suntrust Bank on Andrew Johnson Highway in Knoxville. Stallings appeared before the Honorable Dennis H. Inman, U.S. Magistrate Judge on March 14, 2018. He will remain in custody pending a preliminary hearing scheduled for March 21, 2018.
Details of the robbery can be found in the criminal complaint and supporting affidavit on file with the U.S. District Court. According to the affidavit, on March 5, 2018, Stallings entered the Suntrust Bank and passed a note to the teller demanding money.
The arrest of Stallings is the result of the joint efforts of the FBI Safe Streets Task Force, comprised of the FBI, Knoxville Police Department, Knox County Sheriff’s Office, and Knox County Major Crimes Unit. Assistant U.S. Attorney Kelly A. Norris will represent the United States in court proceedings.
Members of the public are reminded that an indictment constitutes only charges and that every person is presumed innocent until his or her guilt has been proven beyond a reasonable doubt.
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Kenner Man Pleads Guilty to Arson and Possessing a Destructive DeviceRead the Press Release
U.S. Attorney Duane A. Evans announced that RYAN SCOTT, age 39, of Kenner, has pleaded guilty to federal arson and weapon violations.
According to the indictment, SCOTT committed arson of an apartment building in LaPlace, Louisiana, on August 13, 2017, in violation of Title 18, United States Code, Section 844(i). SCOTT also possessed a destructive device in violation of Title 26, United States Code, Section 5861(d) on the same date.
The Court set sentencing in this matter for June 14, 2018. SCOTT faces, as to count one, a minimum of 5 years and a maximum of 20 years of imprisonment, 3 years supervised release after imprisonment, a fine of $250,000, and a $100 special assessment. As to count two, SCOTT faces a maximum term of imprisonment of 10 years, a fine of $10,000, three years supervised release after imprisonment, and a $100 special assessment.
U. S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives in investigating this matter. The case is being prosecuted by Assistant United States Attorney Maria M. Carboni.