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Wednesday 7 March 2018
Former CEO of Tennessee-based Telemarketing Company Pleads Guilty to Misrepresenting Health Insurance PlansRead the Press Release
The former owner and chief executive officer of a Nashville, Tennessee-based telemarketing company pleaded guilty this morning to overseeing a fraudulent scheme in which limited-benefit health plans were sold to consumers as traditional health insurance, and to violating a federal court order that in 2010 froze his assets and shut down the company, announced U.S. Attorney Don Cochran of the Middle District of Tennessee and Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division.
Timothy Thomas, 55, of Brentwood, Tennessee, pleaded guilty to one count of mail fraud and one count of contempt before U.S. District Judge David Lawson, sitting by designation in the Middle District of Tennessee. He is scheduled to be sentenced by Judge Lawson on June 25, 2018. Thomas was charged in a 15-count indictment filed in October 2014.
According to admissions made as part of his plea, Thomas operated and controlled United Benefits of America (UBA) LLC, which was known at various times as United States Benefits (USB) and Health Care America. From at least 2007 to 2010, Thomas hired salespeople to sell over the phone so-called “association memberships” created by third-party companies such as International Association of Benefits and Consumer Driven Benefits of America. These memberships included bundled benefits, such as limited benefit health plans, prescription drug discount cards, accidental death and dismemberment benefits and lifestyle benefits, such as rental car discounts. Thomas targeted his sales to customers who had been denied traditional health insurance because of preexisting conditions, he admitted. The sales script used by Thomas attempted to portray the memberships as equal in quality to traditional health insurance, omitting the fact that limited benefit health plans left customers with the vast majority of the financial risk.
Thomas admitted that salespeople working for him made even more flagrant misrepresentations and omissions and used terms such as “deductibles” and “copays” to make customers believe they were buying traditional health insurance. Customer service employees and the Better Business Bureau routinely notified Thomas about customers complaining that they had been deceived into believing the plans were similar to traditional health insurance. Thomas oversaw a lax compliance program that was understaffed, with usually one employee monitoring up to 60 or 70 salespeople, and levied only occasional fines to salespersons who misrepresented or omitted key details of the plans. Despite knowing of the rampant misrepresentations and omissions, Thomas rarely fired salespeople for lying to customers, but routinely fired salespeople for low sales numbers, he admitted. When in 2009 a local news station, WSMV, ran a critical story on UBA featuring undercover footage of salespeople discussing misleading sales tactics, Thomas did not institute any meaningful changes in business practices. He merely changed the name of his company from UBA to USB and instructed a subordinate to sign a letter to the Better Business Bureau falsely claiming that the companies had nothing to do with each other.
When the Federal Trade Commission (FTC) filed a lawsuit against Thomas and his company in August 2010, a federal judge in the Middle District of Tennessee issued an order freezing Thomas’s assets and placing his company into receivership. Immediately after being informed of the court’s order, Thomas violated it by withdrawing more than $100,000 from a brokerage account and convincing a friend to deposit checks totaling $528,647, constituting proceeds of the scheme, into the friend’s bank account, he admitted.
As part of his plea agreement, Thomas agreed to forfeit $1.5 million, representing the amount he personally gained through the fraudulent scheme.
The case was investigated by the FBI, the U.S. Postal Inspection Service, the Department of Labor’s Office of Inspector General and the Department of Labor’s Employee Benefits Security Administration. The FTC and Tennessee Division of Insurance provided substantial assistance. Assistant U.S. Attorney Cecil VanDevender of the Middle District of Tennessee and Trial Attorney William E. Johnston of the Criminal Division’s Fraud Section are prosecuting the case.
Former CEO of Tennessee-Based Telemarketing Company Pleads Guilty to Misrepresenting Health Insurance PlansRead the Press Release
The former owner and chief executive officer of a Nashville, Tennessee-based telemarketing company pleaded guilty this morning to overseeing a fraudulent scheme in which limited-benefit health plans were sold to consumers as traditional health insurance, and to violating a federal court order that in 2010 froze his assets and shut down the company, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Don Cochran of the Middle District of Tennessee.
Timothy Thomas, 55, of Brentwood, Tennessee, pleaded guilty to one count of mail fraud and one count of contempt before U.S. District Judge David Lawson, sitting by designation in the Middle District of Tennessee. He is scheduled to be sentenced by Judge Lawson on June 25. Thomas was charged in a 15-count indictment filed in October 2014.
According to admissions made as part of his plea, Thomas operated and controlled United Benefits of America (UBA) LLC, which was known at various times as United States Benefits (USB) and Health Care America. From at least 2007 to 2010, Thomas hired salespeople to sell over the phone so-called “association memberships” created by third-party companies such as International Association of Benefits and Consumer Driven Benefits of America. These memberships included bundled benefits, such as limited benefit health plans, prescription drug discount cards, accidental death and dismemberment benefits and lifestyle benefits, such as rental car discounts. Thomas targeted his sales to customers who had been denied traditional health insurance because of preexisting conditions, he admitted. The sales script used by Thomas attempted to portray the memberships as equal in quality to traditional health insurance, omitting the fact that limited benefit health plans left customers with the vast majority of the financial risk.
Thomas admitted that salespeople working for him made even more flagrant misrepresentations and omissions and used terms such as “deductibles” and “copays” to make customers believe they were buying traditional health insurance. Customer service employees and the Better Business Bureau routinely notified Thomas about customers complaining that they had been deceived into believing the plans were similar to traditional health insurance. Thomas oversaw a lax compliance program that was understaffed, with usually one employee monitoring up to 60 or 70 salespeople, and levied only occasional fines to salespersons who misrepresented or omitted key details of the plans. Despite knowing of the rampant misrepresentations and omissions, Thomas rarely fired salespeople for lying to customers, but routinely fired salespeople for low sales numbers, he admitted. When in 2009 a local news station, WSMV, ran a critical story on UBA featuring undercover footage of salespeople discussing misleading sales tactics, Thomas did not institute any meaningful changes in business practices. He merely changed the name of his company from UBA to USB and instructed a subordinate to sign a letter to the Better Business Bureau falsely claiming that the companies had nothing to do with each other.
When the Federal Trade Commission (FTC) filed a lawsuit against Thomas and his company in August 2010, a federal judge in the Middle District of Tennessee issued an order freezing Thomas’s assets and placing his company into receivership. Immediately after being informed of the court’s order, Thomas violated it by withdrawing more than $100,000 from a brokerage account and convincing a friend to deposit checks totaling $528,647, constituting proceeds of the scheme, into the friend’s bank account, he admitted.
As part of his plea agreement, Thomas agreed to forfeit $1.5 million, representing the amount he personally gained through the fraudulent scheme.
The case was investigated by the FBI, the U.S. Postal Inspection Service, the Department of Labor’s Office of Inspector General and the Department of Labor’s Employee Benefits Security Administration. The FTC and Tennessee Division of Insurance provided substantial assistance. Trial Attorney William E. Johnston of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Cecil VanDevender of the Middle District of Tennessee are prosecuting the case.
Florida Dermatologist Agrees to Pay $2.5 Million to Resolve Allegations of Billing FraudRead the Press Release
Tim Ioannides, M.D., a dermatologist and owner of Treasure Coast Dermatology in Vero Beach and Port St. Lucie, Florida has agreed to pay $2.5 million to resolve allegations that he violated the False Claims Act by billing Medicare and TRICARE for procedures he did not perform, the United States Attorney’s Office announced today. Dr. Ioannides also agreed to operate under an integrity agreement with the Department of Health & Humans Services, Office of Inspector General for 3 years.
“Physicians who bill for procedures they do not perform put personal monetary gain over their duty to their patients, and they raise the cost of health care for all of us as patients and taxpayers,” said Benjamin G. Greenberg, United States Attorney for the Southern District of Florida. “We will relentlessly pursue this type of fraud and abuse that plagues federal health care programs and threatens their financial stability.”
As set forth in the settlement agreement between the parties, the United States alleged that from 2010 to 2016, Dr. Ioannides billed for muscle flaps, complex surgeries involving the dissection and transposition of muscle to reconstruct extensive defects, even though he had not, in fact, performed them. This practice made Dr. Ioannides the highest paid physician in the nation for the muscle flap procedure in 2011, 2012, and 2013. In addition, the United States alleged that during this time period, Dr. Ioannides would upcode claims for cryotherapy, which involves removing skin growths through the use of liquid nitrogen, by claiming to treat more areas than had actually been treated.
“Physicians who prioritize their personal greed over patient care violate their Hippocratic oath in a particularly deplorable manner,” said Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services, Office of Inspector General. “The OIG and our partners will not rest in our fight to ensure accountability in every corner of the health care industry as we work to protect the American public.”
“This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of TRICARE, the Department of Defense health care program that serves our war fighters, their family members, and military retirees,” said Special Agent in Charge John F. Khin, Southeast Field Office. “With DoD’s limited resources and budgets, DCIS must continue to aggressively investigate fraud, waste, and abuse to preserve and recover precious taxpayer dollars for our most vulnerable programs.”
The lawsuit was filed by Patricia Cleary, a former patient of Dr. Ioannides. She filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government and receive a share of any recovery. The act also authorizes the government to intervene in and assume primary responsibility for litigating the lawsuit, as the government has done in this case. Cleary will receive $475,000.
The investigation of this case was the result of a coordinated effort by the United States Attorney’s Office for the Southern District of Florida, HHS-OIG, and the DCIS. The case was investigated and the settlement negotiated by Assistant U.S. Attorney Susan Torres. The integrity agreement was negotiated by OIG Senior Counsel Kenneth D. Kraft.
The case is captioned Patricia Cleary v. Tim Ioannides, MD & Tim Ioannides, MD, LLC d/b/a Treasure Coast Dermatology, No. 15-14306-Civ-Rosenberg (S.D. Fla.). The claims asserted against Dr. Ioannides and Treasure Coast Dermatology are allegations only, and there has been no determination of liability.
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.
Felon with Multiple Convictions Indicted on Drug and Gun Charges, Companion Charged with Renting Stash HouseRead the Press Release
PITTSBURGH – Two residents of Allegheny County, Pennsylvania, have been indicted by a federal grand jury in Pittsburgh on charges of violating federal drug and firearms laws, United States Attorney Scott W. Brady announced today.
The four-count indictment, returned on March 6, named Sonnie Ali Watts, 44, and Jessica Lea Wainwright, 38, both of Pittsburgh, Pennsylvania, as the defendants.
According to the indictment, in September of 2016, Watts conspired with others to distribute and to possess with intent to distribute fentanyl and 100 grams or more of heroin. The indictment also alleges that on September 16, 2016, Watts possessed with intent to distribute Fentanyl and 100 grams or more of heroin. In addition, during the same time period, Watts possessed a 9 mm caliber semi-automatic firearm and ammunition, after having been convicted of multiple crimes punishable by more than one year in prison, including eight separate drug cases and one charge of escape. The indictment further alleges that Wainwright leased, rented, used and maintained a drug premises at 1917 Tours Street in Pittsburgh.
Defendants, like Watts, who have three prior convictions for violent felonies or serious drug offenses, face a minimum of 15 years and a maximum of life in prison, under the federal Armed Career Criminal Act. For Wainwright, the law provides for a term of imprisonment up to 20 years, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and any prior criminal history of the defendant.
Assistant United States Attorney Ross E. Lenhardt of the Violent Crimes Section is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the Indictment in this case with valuable assistance from the Pittsburgh Bureau of Police. This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Federal Charges Filed Against Topeka Man in Two Armed RobberiesRead the Press Release
TOPEKA, KAN. – A federal grand jury returned an indictment Wednesday against a Topeka man who is accused of driving a getaway car in two armed robberies, U.S. Attorney Stephen McAllister said.
Justin Alexander McClelland, 30, Topeka, Kan., is charged with two counts of aiding and abetting robbery and two counts of aiding and abetting the use of a firearm during a robbery. The first robbery count alleges McClelland took part in a robbery on Jan. 6, 2017, at Plato’s Closet, 1580 S.W. Wanamaker Road in Topeka. The second robbery count alleges he took part in a robbery on Jan. 20, 2017, at Kentucky Fried Chicken, 1812 N.W. Topeka Boulevard in Topeka.
Joshua Alexander Musgraves, 24, Topeka, was charged in the same robberies. He pleaded guilty and he is set for sentencing May 14. The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
OTHER INDICTMENTS
Dominic M. Bosworth, 24, who is in custody, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Nov. 16, 2017, in Shawnee County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
Gwyndell B. Declerck, Jr., 31, who is in custody, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Sept. 27, 2017, in Shawnee County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
Kenneth Lee Wade, 29, Topeka, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Jan. 28, 2018, in Shawnee County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Fayetteville Man Deemed “Priority Number One” Sentenced to 35 Years in Federal Prison for Drug Trafficking Crimes and Possession of a Firearm in Furtherance of a Drug Trafficking CrimeRead the Press Release
GREENVILLE – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that yesterday in federal court, Senior United States District Judge Malcolm J. Howard sentenced GENESIS LEE WHITTED, JR., 28, of Fayetteville to 420 months of imprisonment followed by 5 years of supervised release.
A joint investigation conducted by the Fayetteville Police Department (FPD) and the Federal Bureau of Investigation (FBI) revealed that WHITTED was the leader of a violent, Fayetteville-based Bloods gang called “Addicted to Money” or “A.T.M.” WHITTED and other members of the gang have been linked to serious crimes in the Fayetteville community, including home invasion robberies, carjackings, shootings, financial fraud, and drug trafficking. WHITTED and other members of “A.T.M.” regularly possessed firearms in furtherance of their crimes.
WHITTED was responsible for manufacturing and distributing large amounts of narcotics, primarily cocaine and cocaine base (crack), over almost ten years. Because he was so adept at manufacturing cocaine base, WHITTED obtained tattoos on his chest of a Pyrex measuring cup and a box of baking soda--key implements in the cocaine base manufacturing process.
In late 2015, WHITTED opened a purported car wash called LLB Auto Spa, located at 1124A Pamalee Drive, Fayetteville. Using covert surveillance techniques, the FBI and FPD recorded WHITTED’s and his accomplices’ activities. The recordings showed that over the course of several months, many cars pulled in and out of the car wash, but very few cars were actually washed. It appeared that the “car wash” was primarily a place for drug transactions to occur.
In addition to drug dealing, WHITTED and other “A.T.M” members were feared due to their propensity for violent home invasion robberies of other drug dealers. Girlfriends of drug dealers were also frequently harmed during these invasions. On two occasions, WHITTED and his accomplices poured boiling water on the victims until they disclosed the locations of the drugs and/or currency. During one of these invasions, a Taser was deployed on a woman’s genital area.
Because of the threat posed by WHITTED, the Fayetteville Police Department deemed him “Priority Number One.”
As a result of this investigation, several associates of WHITTED have also been charged, convicted, and sentenced in federal court over the last two years:
- Wayne Whitted a/k/a “Weezy” (5:15-CR-372-H-2) (drug conspiracy) 28 months imprisonment followed by 3 years supervised release;
- Joel McLaurin a/k/a “Knowledge” (5:15-CR-372-H-3) (drug conspiracy) 25 months imprisonment followed by 3 years supervised release;
- Perry Sykes a/k/a “P-Funk”(5:13-CR-094-BO) (revocation of federal Supervised Release) 30 months imprisonment followed by 3 years supervised release;
- Kenneth McMillian a/k/a “K-Black” (5:16-CR-323-BO) (drug distribution) 72 months imprisonment followed by 3 years supervised release;
- Bobby Bailey (4:16-CR-0037-H-1; 7:16-CR-0098-H) (armed carjacking and bank fraud) 144 months imprisonment followed by 5 years supervised release; and
- Ericka Johnson (4:16-CR-0037-H-2) (bank fraud) 14 months imprisonment followed by 5 years supervised release.
The Fayetteville Police Department and the Federal Bureau of Investigation (FBI) conducted the criminal investigation of this case. Assistant United States Attorneys Scott Lemmon and Boz Zellinger handled the prosecution of this case for the government.
Drug Rehab Counselor and Two Others Charged in Heroin Trafficking ConspiracyRead the Press Release
PITTSBURGH - A drug rehab counselor from McKees Rocks, Pennsylvania, has been charged by a federal grand jury in a superseding indictment with conspiracy to possess with intent to distribute heroin; distribution of heroin and fentanyl resulting in serious bodily injury; distribution of fentanyl; and possession with intent to distribute heroin and fentanyl. Also charged in the conspiracy count are two residents of New York, NY.
The six-count superseding indictment, returned under seal on February 28, named David Francis, 66, described in a previously filed criminal complaint as the operator of Next Step Recovery Housing in McKees Rocks. The superseding indictment also named William Rosario, 23, and Jose Ortega, 31, both of New York City.
According to the superseding indictment, from in and around November 2016 through in and around February 2017, Francis, Rosario, and Ortega conspired to possess with intent to distribute and distribute 100 grams or more of heroin. The superseding indictment further alleges that on or about June 23, 2017, Francis distributed heroin which caused serious bodily injury to a user of the heroin. On or about September 18, 2017, Francis also distributed fentanyl which caused serious bodily injury to users of the fentanyl. The superseding indictment also alleges that on or about September 21, 2017, Francis distributed a quantity of fentanyl, and on or about October 6, 2017, Francis possessed with intent to distribute quantities of heroin and fentanyl.
With respect to the charges against David Francis, the law provides for a maximum total sentence of not less than 20 years in prison and up to life, a fine of $5,000,000, or both. For William Rosario and Jose Ortega, the law provides for a maximum total sentence of not less than five years and up to 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Tonya Sulia Goodman is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, Monroeville Police Department, Stowe Township Police Department, Ingram Borough Police Department, Pennsylvania State Police, and Monaca Police Department conducted the investigation leading to the superseding indictment in this case.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Drug Offense Lands California Man in Federal PrisonRead the Press Release
BILLINGS—Ronald Andrew Smith, a 36-year old resident of Selma, California, was sentenced today to 240 months in prison and 5 years of supervised release after pleading guilty to possession with intent to distribute methamphetamine. United States District Judge Susan P. Watters handed down the sentence.
On February 19, 2017, Smith was pulled over by a Montana Highway Patrol trooper outside of Big Timber, Montana. While speaking to Smith during the course of the traffic stop, the trooper suspected that Smith was engaged in criminal activity. When the trooper informed Smith that he would be impounding his vehicle and applying for a search warrant, Smith attempted to start his car and flee. In the process, he punched and kicked an officer assisting with the stop and four Tasers had no effect on Smith as he was able to get the car in gear and flee.
During his flight on Interstate 90, Smith drove at upwards of 100 miles per hour, forced a number of cars off the road, and tried to wreck a semi-truck in an attempt to stop the pursuit. Eventually, Smith’s car got stuck in the snow on a side road, and he fled on foot into the mountains where he avoided arrest until the following day. While searching for Smith, law enforcement officers came upon two plastic-wrapped packages containing approximately 937 grams of methamphetamine. Smith confessed to trafficking methamphetamine after his arrest and drew a map for investigators to a location where he hid an additional 1188 grams of methamphetamine the night before while avoiding capture. Smith was held responsible for just shy of two kilograms of pure methamphetamine, which converts to nearly 16,000 individual dosage units of the drug that would have reached drug users in Montana absent the timely efforts of law enforcement.
The case was investigated by the Drug Enforcement Administration in conjunction with the Montana Highway Patrol and the Sweetgrass County Sheriff’s Office. The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
Drug Dealer Sentenced to Life ImprisonmentRead the Press Release
DENVER -- The United States Attorney’s Office for the District of Colorado today announces that Jorge Loya-Ramirez was sentenced to life imprisonment for his role in a conspiracy to distribute methamphetamine throughout northern Colorado and southwestern Kansas. The sentence was pronounced by United States District Judge, Robert E. Blackburn, in United States v. Amaya, et al, 15-cr-272-REB, on March 6, 2018. Loya-Ramirez was indicted by a grand jury on June 23, 2015, as part of a 28 person drug conspiracy operating in Colorado, California, and Kansas. He was the last remaining defendant in the case to be tried before a jury, and he was convicted on August 23, 2017, for distribution and possession with the intent to distribute methamphetamine, as well as the drug conspiracy.
At trial, the evidence showed Loya-Ramirez was the leader of a methamphetamine syndicate and used a team of employees to distribute hundreds of pounds of methamphetamine. To facilitate drug distribution, Loya-Ramirez used violence, intimidation and deadly weapons. When he was stopped near Lamar, Colorado, in May, 2015, he had over a kilogram of cocaine and just under a half-pound of methamphetamine in his possession.
“Poison and pain are what this defendant cultivated in Colorado,” said U.S. Attorney, Bob Troyer. “Thanks to the FBI, Colorado State Patrol, many other law enforcement partners, and our tireless prosecution team, this dope dealer’s day is done.”
“This investigation illustrates the FBI’s commitment to work with its partners to address violent crime,” said FBI Denver Special Agent in Charge Calvin Shivers. “We extend our gratitude to our law enforcement partners and prosecutors for dismantling this drug trafficking organization and bringing charges forward.”
Loya-Ramirez is the last of the defendants to be sentenced in the case, closing out a multi-year investigation and the prosecution of a large-scale drug trafficking operation in the Denver metropolitan area and beyond. The United States Attorney’s Office Organized Crime Drug Enforcement Task Force prosecuted this case. Agents from the Federal Bureau of Investigation led the investigation, with assistance from other agencies working at the Metro Gang Task Force and the Colorado State Patrol.
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District Man Found Guilty of Eight Armed Robberies Committed over Two-Day Period Last YearRead the Press Release
WASHINGTON – Tyrone Hunter, 25, of Washington, D.C., was found guilty by a jury today of a series of armed robberies that took place within a two-day period last year in Northwest and Northeast Washington, U.S. Attorney Jessie K. Liu announced.
Hunter was found guilty of eight counts of armed robbery, one count of conspiracy to commit robbery, fleeing and eluding police, reckless driving, and related weapons offenses and other charges. The verdict followed a five-week trial, with testimony from more than 50 witnesses, in the Superior Court of the District of Columbia. Hunter is to be sentenced on May 2, 2018, by the Honorable Robert A. Salerno.
According to the government’s evidence, on Jan. 15, 2017, at approximately 1:30 a.m., a 2016 grey Audi sedan was stolen from a parking garage in the 400 block of K Street NW. Over the next two days, the stolen Audi was used as the getaway vehicle in eight armed robberies in Northwest and Northeast Washington. In each instance, Hunter exited the front passenger seat and robbed the victims at gunpoint of their personal belongings before fleeing in the stolen car. According to the evidence at trial, the first robbery took place before dawn on Jan. 15, 2017, and the crimes continued into the night of Jan. 16, 2017.
On Feb. 8, 2017, law enforcement observed Hunter driving the stolen Audi. Following a brief chase that resulted in the stolen Audi crashing into numerous vehicles, Hunter exited the vehicle and fled from the police. Law enforcement soon located and arrested Hunter. Following his arrest, several victims identified him as the gunman who robbed them. Hunter has been in custody since his arrest.
In announcing the verdict, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department (MPD). She also expressed appreciation for the assistance provided by the FBI’s Cellular Analysis Survey Team and the District of Columbia Department of Forensic Sciences. She acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Forensic Operation/Program Specialist Benjamin Kagan-Guthrie; Criminal Investigators Durand Odom and John Marsh; Paralegal Specialists Zoe Antwi and Antoinette Sakamsa; Victim/Witness Advocates Diana Lim and Jennifer Clark; Victim/Witness Services Coordinator Katina Adams-Washington, and Litigation Technology Specialists Leif Hickling, Anisha Bhatia, William Henderson, and Ron Royal. Finally, she commended the work of Assistant U.S. Attorneys Vivien Cockburn and Ellen D’Angelo, who investigated and prosecuted the case.
Department of Justice Enters into Conditional Settlement Agreement to Produce Fast and Furious Documents to House Committee on Oversight and Government ReformRead the Press Release
Today, the Department of Justice entered into a conditional settlement agreement with the House Committee on Oversight and Government Reform and will begin to produce additional documents related to Operation Fast and Furious. The conditional settlement agreement, filed in federal court in Washington D.C., would end six years of litigation arising out of the previous administration’s refusal to produce documents requested by the Committee.
In announcing the settlement, Attorney General Sessions said:
“The Department of Justice under my watch is committed to transparency and the rule of law. This settlement agreement is an important step to make sure that the public finally receives all the facts related to Operation Fast and Furious.”Denver Jury Convicts International Arms ExporterRead the Press Release
DENVER - The United States Attorney’s Office for the District of Colorado today announces that Katherine O’Neal, a former member of the United States Army stationed at Fort Carson, was convicted in the United States District Court for smuggling goods from the United States, specifically exporting firearms to the Dominican Republic. A Colorado jury returned the verdict in federal court, convicting O’Neal of this felony offense on March 6, 2018. O’Neal was acquitted on other counts alleging false information on firearm purchase forms and money laundering.
At trial, before United States District Court Judge William J. Martinez, the Government introduced evidence showing that O’Neal made multiple trips to the Dominican Republic shortly after purchasing firearms in Denver and Colorado Springs, including one trip where she flew from Denver to the Dominican Republic with 11 firearms in her luggage in early June 2015. She declared the firearms to the airline, but did not obtain the required State Department export license. Her bags had been misdirected by the airline and were not on her flight. When the bags arrived later, Dominican Republic officials noticed the handguns during an examination of the baggage. When she arrived at the airport to claim her luggage, she was arrested. The Dominican Republic has a ban on all imported firearms. A Denver jury found her guilty of violating 18 U.S.C. § 554(a), which prohibits smuggling goods from the United States.
Defendant O’Neal will be sentenced in August 2018. The case is captioned, United States of America v. Katherine O’Neal, Case No. 15-cr-0353-WJM.
The case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Bureau of Alcohol, Tobacco and Firearms, as well as the Dominican Republic, where charges are pending her extradition to that country.
Assistant United States Attorneys Robert Brown and Kurt Bohn are prosecuting this matter for the United States.
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Court of Appeals Reverses Decision Suppressing Evidence in Fentanyl Case Involving an Overdose DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. — The United States Attorney’s Office announced today that the United States Court of Appeals for the Second Circuit has reversed an order suppressing statements made by a suspect charged in a federal indictment with possessing with intent to distribute and distributing fentanyl that resulted in death. As part of an investigation into the February 28, 2015, overdose death of a Hamburg man at his home, a Drug Enforcement Administration Task Force Agent, on March 4, 2015, conducted an interview of defendant John Haak at the Hamburg Police Station. During that interview, Haak made incriminating statements. The District Court concluded that Haak’s statements were coerced and therefore subject to suppression on the ground that they had been obtained in violation of defendant’s Fifth Amendment rights.
The government appealed the district court’s order suppressing the statements to the United States Court of Appeals for the Second Circuit. On October 4, 2017, United States Attorney James P. Kennedy, Jr. personally argued the government’s appeal before a three-judge panel of the Second Circuit. In a lengthy written opinion issued today, the Circuit Judges of the Court of Appeals unanimously agreed with the government’s argument that Haak’s statements had been both constitutionally and voluntarily obtained. In so doing, the Court of Appeals reversed the district court’s order suppressing Haak’s statements and remanded the case back to the district court for further proceedings consistent with its opinion.
Convicted Sex Offender Heads to Prison AgainRead the Press Release
CORPUS CHRISTI, Texas - A 31-year-old Corpus Christi man has been ordered to prison for his admission of possessing child pornography, announced U.S. Attorney Ryan K. Patrick. Adam Thomas Simington pleaded guilty Nov 9., 2017.
Today, U.S. District Judge Nelva Gonzales Ramos sentenced Simington to 120 months in prison. handing down the sentence, the court noted that “the children’s souls are destroyed because of you Mr. Simington. Simington was further ordered to pay a $5,000 fine and will serve the rest of his life on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the Internet. He will also be ordered to register as a sex offender.
At the time of his plea, the court heard Simington was previously convicted in the state of Oklahoma for possessing child pornography and was required to register as a sex offender. Law enforcement learned he was in possession of child pornography and seized several digital devices from Simington’s residence which resulted in the discovery of more than 900 images of child pornography.
Previously released on bond, Simington was taken into custody following the sentencing today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the Corpus Christi Police Department - Internet Crimes Against Children Task Force.
Assistant U.S. Attorney Hugo R. Martinez is prosecuting the case, which 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 individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Cleveland man indicted for selling fentanyl and crack cocaine and using a firearm as part of his drug traffickingRead the Press Release
A Cleveland man was indicted for selling fentanyl and crack cocaine and using a firearm as part of his drug trafficking, said U.S. Attorney Justin E. Herdman.
Steven Riddle, 26, was indicted on one count each of distribution of fentanyl, distribution of crack cocaine, using a firearm in relation to drug trafficking and being a felon in possession of a firearm.
Riddle possessed fentanyl and crack cocaine on Dec. 5, 2017, as well as a FNH 9 mm pistol. Riddle is prohibited from having a firearm because of previous convictions for drug trafficking, attempted drug trafficking, burglary and drug trafficking, according to the indictment.
The investigation was conducted by the ATF, U.S. Marshal Service and Cleveland Division of Police. The case is being prosecuted by Assistant U.S. States Attorneys Kelly Galvin and Scott Zarzycki.
If convicted, the defendants sentences 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 violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Clarksville Man Sentenced to 7 Years in Federal Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
Fort Smith, Arkansas – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that, Miguel Angel Galicia-Canseco, age 33, of Clarksville, Tennessee was sentenced today to 84 months in federal prison followed by two years of supervised release on one count possession with intent to distribute methamphetamine. The Honorable P.K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith.
According to court records, in June of 2017, Arkansas State Police observed a truck suddenly slow down and cross over the white fog line on Interstate 40 in Crawford County, Arkansas. An officer with the Arkansas State Police initiated a traffic stop and identified the driver as Galicia-Canseco. The officer discovered that Galicia-Canseco had a felony arrest warrant out of Tennessee for a drug offense. During the course of the stop, the State Police utilized a K-9 to sniff around the exterior of the truck. The dog alerted the officer to the odor of narcotics near the back of the truck. Officers then searched the truck, and found approximately 19 pounds of methamphetamine. The drugs were sent to the Drug Enforcement Administration laboratory for analysis and the results indicated the substances totaled 8.5 kilograms of a mixture of methamphetamine at 98% purity or 8.3 kilograms of actual methamphetamine.
Galicia-Canseco pled guilty to possession with intent to distribute methamphetamine in November 2017.
This case was investigated by the Arkansas State Police, and the Drug Enforcement Administration. Assistant United States Attorney Amy M. Driver prosecuted the case for the United States.
Cedar Rapids Couple Charged with Selling HeroinRead the Press Release
Dino Harrington, age 31, and Tiffany Youngblood, age 39, both from Cedar Rapids, Iowa, have been charged with distributing and helping to distribute heroin in the Cedar Rapids area. The charge is contained in a Complaint filed on March 5, 2018, in the United States District Court in Cedar Rapids.
The Complaint alleges that, on or about March 5, 2018, Harrington and Youngblood distributed and aided and abetted the distribution of heroin.
If convicted, Harrington and Youngblood each face a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and at least 3 years and up to a lifetime term of supervised release following any imprisonment.
Harrington and Youngblood both appeared yesterday in federal court in Cedar Rapids, and are being held without bond pending a detention hearing scheduled for 10:30 a.m. on March 9, 2018.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-MJ-68.
Follow us on Twitter @USAO_NDIA.
California Man Pleads Guilty to Sexually Exploiting a 12-Year-Old Montana GirlRead the Press Release
GREAT FALLS – On Monday, Jaycob Tyler Kutzera, 24, from Redlands, California, was scheduled to appear for a jury trial in U.S. District Court. Kutzera was charged with 35 counts of sexual exploitation of a child in violation of federal law. Shortly before the trial was set to commence, Kutzera pleaded guilty to three counts of sexual exploitation of a child and the United States agreed to dismiss the remaining counts. In court filings, Assistant U.S. Attorney Cyndee Peterson stated that in April 2016, the mother of a 12-year old girl contacted the Great Falls Police Department. The mother, formerly of Great Falls, stated that she had looked through her daughter’s cell phone and saw sexually explicit communications between her 12-year old daughter and a male. The mother also saw sexually explicit images. During its investigation, the Great Falls Police Department determined the 12-year old girl engaged in sexually explicit communications with Kutzera via Facebook and other online applications. Kutzera requested sexually explicit images of the girl during their online chats. Great Falls Police Detective Jesse Slaughter traveled to California, seized Kutzera’s cellular phone and computer pursuant to a search warrant, and interviewed Kutzera. During the interview, Kutzera admitted that he knew the girl was 12 years old, yet he continued to engage in the sexually explicit communications with her. He also continued to receive images and videos of the child engaged in sexual conduct. He also sent the child images of himself masturbating. Kutzera’s conduct continued from April through October 2016.
Sentencing is set on June 13, 2018. Kutzera faces a mandatory minimum of 15 years and up to 30 years in prison, a $250,000 fine, and not less than 5 years of supervised release on each count. U.S. District Court Judge Brian Morris ordered Kutzera released pending sentencing.
This case was investigated by members of the Montana Internet Crimes Against Children Task Force, the Great Falls Police Department, Homeland Security Investigations and FBI Regional Computer Forensic Laboratory.
Businessman Pleads Guilty to Misappropriating Funds from Professional AthletesRead the Press Release
GREENSBORO, N.C. B A Florida businessman who provided financial services to professional athletes pleaded guilty today to conspiracy to commit wire fraud and money laundering, announced United States Attorney Matthew G.T. Martin of the Middle District of North Carolina.
Jason Christopher JERNIGAN, age 43, a resident of Miramar, Florida, pleaded guilty to one count of conspiracy to commit wire fraud and money laundering.
According to court documents, JERNIGAN, along with his business partner Michael Rowan, operated Capital Management Wealth Advisors, Inc. (“CMG”) and APS Management, LLC (“APS”) in High Point, North Carolina. Through CMG and APS, JERNIGAN and Rowan provided financial and investment services to professional athletes, including players in the National Football League. From 2008 through 2014, JERNIGAN used his access to his clients’ bank accounts to convert and misappropriate approximately $1.48 million.
JERNIGAN’s business partner, Michael Rowan, was sentenced in April 2017 to 65 months in prison for wire fraud and filing a false 2011 tax return.
Sentencing is scheduled for June 1, 2018, at 2 p.m. in Greensboro. JERNIGAN faces a statutory maximum sentence of 5 years in prison. He also faces monetary penalties, supervised release, and restitution.
U.S. Attorney Martin commended special agents of IRS-Criminal Investigation and US Postal Inspection Service, who investigated the case, and Assistant United States Attorney Frank Chut and Trial Attorney Mara Strier of the Tax Division, who prosecuted this case.
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Braddock Man Pleads Guilty to Escaping from Renewal CenterRead the Press Release
PITTSBURGH – An Allegheny County resident pleaded guilty in federal court to a charge of escape from an institution, United States Attorney Scott W. Brady announced today.
Devon Johnson, age 29, of Braddock, Pa., pleaded guilty on March 6 to one count before United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that on August 31, 2016, Johnson escaped from the Renewal, Inc. Residential Reentry Center, where he had been confined pursuant to a judgment and commitment order of the United States District Court for the Northern District of West Virginia.
Judge Hornak scheduled sentencing for July 19, 2018 at 1:30 p.m. The law provides for a total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Pending sentencing, the court continued the defendant’s detention.
Assistant United States Attorney Tonya Sulia Goodman is prosecuting this case on behalf of the government.
The United States Marshals Service conducted the investigation that led to the prosecution of Johnson.
Beaver Falls Man Pleads Guilty to Conspiring to Deal FentanylRead the Press Release
PITTSBURGH – A Beaver County resident pleaded guilty in federal court to a charge of violating the federal drug laws, United States Attorney Scott W. Brady announced today.
Justin Clark, 34, of Beaver Falls, Pa., pleaded guilty on March 6 to one count before United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that from in and around September 2016, and continuing until in and around July 2017, Clark conspired with others to distribute and possess with the intent to distribute 40 grams or more of fentanyl, a Schedule II controlled substance. Clark has a prior felony drug-trafficking conviction and therefore is subject to enhanced penalties under federal law.
Judge Hornak scheduled sentencing for July 18, 2018, at 11 a.m. The law provides for a maximum total sentence of not less than 10 years and up to life in prison, a fine of $8,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney Caitlin A. Loughran is prosecuting this case on behalf of the government.
This prosecution is part of a long-term investigation by the FBI Greater Pittsburgh Safe Streets Task Force (GPSSTF), which targeted a large scale Drug Trafficking Organization operating in Butler, Beaver and Allegheny Counties. The GPSSTF is comprised of dedicated law enforcement professionals from the Wilkinsburg Police Department, Pennsylvania Attorney General’s Bureau of Narcotics Investigations, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pittsburgh Bureau of Police and the FBI. The GPSSTF and the United Sates Attorney’s Office, Western District of Pennsylvania, would like to recognize the significant contributions made to this investigation by the Pennsylvania State Police, United Sates Postal Inspection Service, Cranberry Township Police Department and the New Brighton Police Department.
Beaver Falls Bank Employee Charged with Embezzling FundsRead the Press Release
PITTSBURGH – A resident of Beaver Falls, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of embezzlement by a bank employee United States Attorney Scott W. Brady announced today.
The one-count indictment, returned on March 6, named Robin Chiappetta, age 63, as the sole defendant.
According to the indictment, from approximately February 2014 until approximately December 2016, Chiappetta, who was employed as an Assistant Branch Manager at First National Bank at 1703 Seventh Avenue in Beaver Falls, embezzled funds belonging to and entrusted to the custody and care of the bank, resulting in a loss of $20,513.80.
The law provides for a maximum total sentence of 30 years in prison, a fine of $1,000,000 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 Lee J. Karl is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation 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.
Arrests Made in Heroin Distribution Case in WilmingtonRead the Press Release
WILMINGTON – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces the arrests of three defendants and their transfers into federal custody pursuant to a 15-count federal indictment for drug related charges.
An indictment was returned by a federal grand jury on February 28, 2018, against DEANDRE SWEET, 27, of Wilmington, KYERIC SWEET, 24, of Wilmington, and DIQUELLE SWEET, 21, of Wilmington. The indictment charges the three defendants with conspiracy to distribute and possess with intent to distribute a quantity of heroin, in the Eastern District of North Carolina beginning on or about April 2015 and continuing up to at least October, 2017. DIQUELLE SWEET is also charged with felon in possession of a firearm.
DIQUELLE SWEET was arrested October 11, 2017 by the Wilmington Police Department. KYERIC SWEET was arrested on October 12, 2017 by the FBI and Wilmington Police Department. DEANDRE SWEET was arrested by the New Hanover County Sheriff’s Office on September 19, 2016. DEANDRE SWEET and DIQUELLE SWEET are currently being held in the New Hanover County Detention Center and KYERIC SWEET is in the Columbus County Detention Center.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The investigation of this case was conducted by the FBI Safe Streets Task Force, Wilmington Police Department and the New Hanover County Sheriff’s Office.
Armed Heroin Dealer Sentenced to 110 Months in PrisonRead the Press Release
Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that Andrew Whittington, age 40, of Myrtle Beach, South Carolina, was sentenced to 110 months imprisonment for possession with intent to distribute methamphetamine and possession of a firearm by a convicted felon. The sentence was handed down by Senior United States District Court Judge C. Ashley Royal in Athens, Georgia on March 7, 2018.
There is no parole in the federal system.
In his plea agreement, Mr. Whittington admitted that on December 18, 2016, he was stopped for speeding on Interstate 20 in Morgan County, Georgia by a Georgia State Patrol Trooper. Mr. Whittington gave consent for a search of his person, but when suspected methamphetamine was found, Mr. Whittington began a physical struggle that lasted several minutes before he was ultimately handcuffed. A subsequent search of Mr. Whittington’s car revealed 234.15 grams of methamphetamine, 14.476 grams of heroin, and a stolen .22 pistol. On the date of his arrest, Mr. Whittington had five prior felony convictions.
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.
“A career criminal dealing in the poison of illegal drugs, violently resisting apprehension and carrying a deadly weapon to protect his stash, Andrew Whittington is the exact person Congress had in mind when it passed the law making it illegal for a felon to possess an firearm. He richly deserves the hefty sentence he received today,” said United States Attorney Peeler.
The case was investigated by the Georgia State Patrol and the Morgan County Sheriff’s Office. Assistant United States Attorney Graham A. Thorpe prosecuted the case for the Government.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Another Defendant Sentenced for Conviction Arising Out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the ATF concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 85 of these defendants have been convicted, including 84 who have entered guilty pleas, and 65 of them have been sentenced.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Today, Albuquerque resident Benjamin Marquez, 46, was sentenced in Santa Fe, N.M., federal court to 60 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Marquez and co-defendant Richard Lucero, 38, were arrested in Aug. 2016, on a five-count indictment alleging drug trafficking offenses. Marquez was charged individually with distribution of heroin on May 5, 2016, and Marquez and Lucero were charged with conspiring to distribute methamphetamine from May 6, 2016 through June 1, 2016, and distribution of methamphetamine on May 6, 2016, May 18, 2016, and June 1, 2016. On May 1, 2017, Marquez pled guilty to distributing methamphetamine, and admitted that on June 1, 2016, he sold approximately 60 grams of methamphetamine to an undercover law enforcement agent. Lucero pled guilty on Jan. 5, 2017, and was sentenced on Aug. 10, 2017, to 41 months in prison followed by three years of supervised release.
Fifteen of the defendants charged as the result of the ATF investigation have entered not guilty pleas. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. The charges against two defendants have been dismissed.
These cases were investigated by the Albuquerque office of ATF. This case was prosecuted by Assistant U.S. Attorney Eva Fontanez.
Akron man indicted on charges of making threats and witness tamperingRead the Press Release
A federal grand jury returned a two count indictment charging Raynard Clayton, 34, of Akron, with interstate communications of threats and witness tampering, said U.S. Attorney Justin Herdman and FBI Special Agent in Charge Stephen D. Anthony.
Clayton was arrested on a criminal complaint last month. On Feb. 5, he sent a Facebook live post threatening to injure and kill someone identified in charging documents as B.T., with the intent to prevent communication to a law enforcement officer information about commission of a federal offense, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The matter is being prosecuted by Assistant U.S. Attorney Teresa Riley following an investigation by the FBI.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Akron man indicted for having more than a kilogram of methamphetamineRead the Press Release
An Akron man was indicted for having more than a kilogram of methamphetamine, said U.S. Attorney Justin E. Herdman.
Johnny C. Brown, Jr., 23, was indicted on one count of conspiracy to possess with intent to distribute over 500 grams of methamphetamine and one count of possession with intent to distribute methamphetamine.
Brown possessed approximately 2,465 grams of methamphetamine in January, according to the indictment.
The investigation was conducted by members of the Akron/Summit County HIDTA Initiative, which includes the Drug Enforcement Administration, Akron Police Department, Ohio State Highway Patrol, Summit County Sheriff’s Office, Summit County Drug Unit, Springfield Township Police Department, Copley Township Police Department, New Franklin Township Police Department, Stow Police Department, Barberton Police Department, Tallmadge Police Department, University of Akron Police Department, Reminderville Police Department, Silver Lake Police Department, Cuyahoga Falls Police Department, and Summit County Prosecutor’s Office. The case is being prosecuted by Assistant U.S. States Attorney Teresa Riley.
If convicted, the defendants sentences 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 violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Advisory: Press Conference Thursday afternoonRead the Press Release
FOR PLANNING PURPOSES ONLY
WEDNESDAY, MARCH 7, 2018
*******MEDIA ADVISORY*******
The U.S. Attorney for the Northern District of Alabama, FBI, Madison County District Attorney’s Office and Huntsville Police Department will hold a press conference Thursday afternoon to announce developments in a material support of terrorism case.
WHAT: Press conference
WHEN: Thursday
March 8, 2018
3 p.m.
WHERE: FBI Huntsville Resident Agency
4700 Whitesburg Drive SE
Huntsville, AL 35802
Media should arrive about 30 minutes before the press conference to set up.
NOTE: All media must have photo identification and valid media credentials. For additional information, contact Peggy Sanford at 205-244-2020, or [email protected], or Paul Daymond at 205-533-0600, or [email protected].
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"Spelling Bee Bandit" Sentenced for Multiple Bank RobberiesRead the Press Release
BOSTON – A Chelsea man, dubbed the “Spelling Bee Bandit,” was sentenced today in federal court in Boston for four bank robberies.
Jason S. Englen, 34, was sentenced by U.S. District Court Judge Richard G. Stearns to 84 months in prison and three years of supervised release. In November 2017, Englen pleaded guilty to four counts of bank robbery.
On Oct. 31, 2016, a man, later identified as Englen, entered a branch of TD Bank in Arlington, approached a teller and presented a note written on a deposit slip indicating a robbery and demanding cash. On the note, the word “robbery” was misspelled. The teller handed Englen money from the drawer and Englen fled the bank leaving the demand note behind.
Over the next few weeks, three additional banks were robbed in the same fashion: a branch of TD Bank in Reading on November 5, a branch of Salem Five in Burlington on November 7, and a branch of TD Bank in Peabody on November 13. Based on the similarity of the robberies and the physical description of the robber, law enforcement, seeking help from the public, identified Englen, who was already in state custody on unrelated charges, as the bank robber. On Dec. 12, 2016, Englen was arrested by federal authorities and charged.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Suffolk County Sheriff Steven Tompkins; Arlington Police Chief Frederick Ryan; Reading Police Chief Mark D. Segalla; Burlington Police Chief Michael Kent; and Peabody Police Chief Thomas Griffin made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
Tuesday 6 March 2018
William McFarland Pleads Guilty in Manhattan Federal Court to Defrauding Investors and A Ticket Vendor of over $26 MillionRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that WILLIAM McFARLAND pled guilty today to one count of wire fraud in connection with a scheme to defraud investors in a company controlled by McFARLAND, Fyre Media Inc. (“Fyre Media”), as well as its subsidiary (“Fyre Festival LLC”), which was formed to hold a music festival called the “Fyre Festival” (the “Festival”) over two weekends in the Bahamas. McFarland also pled guilty to a second count of wire fraud in connection with a scheme to defraud a ticket vendor for the Festival. McFARLAND pled guilty before U.S. District Judge Naomi Reice Buchwald.
U.S. Attorney Geoffrey S. Berman said: “As he admitted today, William McFarland tendered fake documents to induce investors and a ticket vendor to put more than $26 million into his company and the disastrous Fyre Festival. He now awaits sentencing for his admitted swindle.”
According to the complaint and Superseding Information to which McFARLAND pled, as well as statements made in court:
McFARLAND was the founder and chief executive officer of Fyre Media. In 2016, McFARLAND started Fyre Media to build a digital application that would allow individuals organizing commercial events, such as concerts, to bid for artist and celebrity bookings at such events. From at least in or about 2016, up to and including in or about May 2017, McFARLAND conducted a scheme to defraud individuals by inducing them to invest millions of dollars in Fyre Media. Through this scheme, McFARLAND caused losses to at least 80 victim-investors, totaling more than $24 million dollars. McFARLAND orchestrated this scheme through several means and methods.
McFARLAND repeatedly made materially false statements to investors about Fyre Media’s revenue and income, and manipulated Fyre Media’s financial statements and supporting documentation to hide Fyre Media’s true financial condition. McFARLAND represented to investors that Fyre Media had earned millions of dollars of revenue solely from talent bookings; a review of Fyre Media’s records shows that those numbers were significantly overstated. McFARLAND also provided falsified income statements to investors that purported to show that from approximately April 2016 to February 2017, Fyre Media had earned millions of dollars in income from talent bookings. In reality, Fyre Media’s income from talent bookings from approximately May 2016 to April 2017 was only $57,443. In addition, McFARLAND provided falsified documents to investors showing over 2,500 confirmed talent bookings in a single month when, in fact, there were only 60 confirmed talent bookings in the entire year.
McFARLAND repeatedly made misrepresentations to investors designed to overstate Fyre Media’s financial condition and stability. For example, McFARLAND told investors that a reputable venture capital firm (the “VC Firm”) had completed its due diligence process and had decided to invest in Fyre Media. To the contrary, a VC Firm employee communicated to McFARLAND that the VC Firm would not invest in Fyre Media without first completing its due diligence, which the VC Firm had not done due to McFARLAND’s failure to provide many of the requested Fyre Media documents.
In late 2016, McFARLAND established a subsidiary, Fyre Festival LLC, to hold a music festival called the “Fyre Festival” over two weekends in the Bahamas. McFARLAND made repeated misrepresentations to investors with respect to their investments in Fyre Festival LLC. McFARLAND overstated the Festival’s receivables that he used as collateral for numerous investments to cover Festival expenses. McFARLAND also secured numerous investments in Fyre Festival LLC by claiming that investors would have the rights to payouts from Festival event cancellation insurance policies when, in reality, no event cancellation insurance policies had been executed for the Festival. Ultimately, the Festival was canceled and widely deemed to have been a failure.
McFARLAND also repeatedly made materially false statements to investors about his own financial condition. For example, in order to induce several investors to make an investment in Fyre Media, McFARLAND provided an altered stock ownership statement to inflate the number of shares he purportedly owned in a publicly traded company, so that it would appear that McFARLAND could personally guarantee the investment. In addition, despite the fact that McFARLAND’s applications to two banks (“Bank-1” and “Bank-2”) for millions in personal loans had not been approved, McFARLAND misrepresented to investors that the monies from those bank loans could serve as collateral for their investments. On one occasion, McFARLAND sent an investor a snapshot of an email purporting to be from a Bank-1 banker (“Banker-1”) to McFARLAND approving a $3 million dollar loan. Not only had Banker-1 not sent that email, Bank-1 had not approved McFARLAND’s loan application.
McFarland also made materially false statements to certain of Fyre Media’s investors about Magnises, a credit card and private club for millennials that was founded and run by McFARLAND as chief executive officer. McFARLAND told certain of Fyre Media’s investors that he had sold Magnises for approximately $40 million and made a profit of several million dollars personally from the sale, when in reality, McFARLAND had not sold Magnises. McFARLAND also falsely stated to certain of Fyre Media’s investors that specific individuals were the acquirers of Magnises, when in fact, they were not. McFarland also falsely stated to certain of Fyre Media’s investors that a group of acquiring partners were forming a new company to purchase Magnises, when in fact, no such group existed.
In addition, in or about April 2017, McFARLAND defrauded a ticket vendor (“Vendor-1”) by inducing Vendor-1 to pay $2 million for a block of advance tickets for future Festivals over the next three years. McFARLAND also provided Vendor-1 with a fraudulent income statement for Fyre Media that grossly inflated the Company’s revenue and income.
* * *
McFARLAND, 26, of New York, New York, pled guilty to two counts of wire fraud, each of which carries a maximum sentence of 20 years in prison, and consented to a forfeiture order in the amount of $26,040,099.48.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation’s New York Field Office, and thanked the Securities and Exchange Commission for its assistance.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Kristy J. Greenberg and Dina McLeod are in charge of the prosecution.
Wilkes-Barre Woman Sentenced to 60 Months’ Imprisonment for Conspiring to Distribute Heroin, Crack, and FentanylRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on March 2, 2018, United States District Judge Malachy E. Mannion sentenced Kassandra Martin, age 36, of Wilkes-Barre, Pennsylvania, to 60 months’ imprisonment, for conspiring to distribute heroin, crack cocaine, and fentanyl.
According to United States Attorney David J. Freed, Martin pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately November 2016 through February 2017. Martin admitted to transporting controlled substances from New York to Pennsylvania, where she and other members of the conspiracy redistributed them. On February 8, 2017, Martin and two other individuals were arrested after a traffic stop that recovered 18 grams of heroin and 56 grams of crack cocaine from the vehicle’s occupants. Martin admitted that she trafficked in excess of 28 grams of crack cocaine and in excess of 100 grams of heroin (which is the equivalent of 4,000 potentially fatal doses of heroin).
Martin was charged in June 2017, with 14 other individuals. She is the first of the defendants to be sentenced.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kingston Police Department, and by the Luzerne County Drug Task Force. Assistant U.S. Attorney Phillip J. Caraballo 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.
This case also was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Waterbury Tax Preparer Pleads GuiltyRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Joel P. Garland, Special Agent in Charge of IRS Criminal Investigation in New England, announced that MICHAEL D. MIR, 41, of Waterbury, waived his right to be indicted and pleaded guilty today before U.S. District Judge Michael P. Shea in Hartford to a federal tax offense.
According to court documents and statements made in court, MIR prepared more than 3300 federal tax returns for the 2012 through 2015 tax years through a tax return preparation practice he operated in Waterbury. MIR falsified information on numerous returns that he prepared for clients by fabricating business expenses, or by inflating deductible medical and dental expenses. For the 2012 through 2014 tax years, MIR deposited more than $400,000 in income generated by his tax preparation business into his personal bank account. However, MIR did not report any income from his tax preparation business on his 2013 personal income tax return, and he reported only $18,500 in income from his tax preparation business on his 2014 return. MIR did not file a personal income tax return for 2015.
Through MIR’s preparation of false tax returns, and the underpayment of his own taxes, the government lost a total of $406,679.
MIR pleaded guilty to one count of aiding and assisting the filing of a false tax return, an offense that carries a maximum term of imprisonment of three years, a fine of up to approximately $800,000, and restitution. Judge Shea scheduled sentencing for June 1, 2018.
MIR’s clients are required to resolve their own tax liability with the Internal Revenue Service.
This matter is being investigated by the Internal Revenue Service – Criminal Investigation Division, with the assistance of the Connecticut Department of Revenue Services. The case is being prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.
Violent Crime Federal Prosecution UpdateRead the Press Release
St. Louis, MO – The United States Attorney’s Office will prosecute aggressively violent criminals and drug dealers. Federal prosecution is a powerful tool in the fight to reduce violent crime. Below is a list of defendants prosecuted federally in February:
Jamarco Cousins, 29, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Darrell Gordon, 25, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Squacar Gray, 39, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Ishmael Hargrove, 22, Florissant, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Joseph Hope, 22, was indicted by a federal grand jury on one felony count of conspiracy to commit money laundering; one felony count of possession of a firearm in furtherance of crime of violence during a drug trafficking crime; and interference with commerce by threat or violence.
Deven R. Huck, 20, was indicted by a federal grand jury on one felony count of conspiracy to commit money laundering and one felony count of possession of a firearm in furtherance of crime of violence during a drug trafficking crime.
Dallas M. Richardson, 23, was indicted by a federal grand jury on one felony count of possession of a firearm in furtherance of crime of violence during a drug trafficking crime and interference with commerce by threat or violence.
Darion Johnson, 25, St. Louis, was indicted by a federal grand jury on one felony count of armed robbery and one felony count of brandishing a firearm in furtherance of a crime of violence.
Clinton Murphy, 40, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Brandin Parott, 31, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Glenn Reynolds, 26, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Neavechie Patterson, 26, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm; possession with intent to distribute a controlled substance; possession of a firearm in furtherance of a drug trafficking crime; and possession of a firearm in furtherance of a drug trafficking crime.
James Richards, II, was indicted by a federal grand jury on one felony count of conspiracy to distribute and possess with the intent to distribute 100g or more of heroin and one felony count of possession of a firearm in furtherance of a drug trafficking crime.
Curstan Stiff, 34, was indicted by a federal grand jury on one felony count of conspiracy to possess with the intent to distribute in excess of 500g of cocaine and felon in possession of firearms.
Shagretta Turner, 34, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm and possession with the intent to distribute cocaine base.
Parron Walker, 46, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Sammie Wilborn, 37, East St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm; possession with intent to distribute a controlled substance; and possession of a firearm in furtherance of a drug-trafficking crime.
Larry Benford, 38, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Thomas Bolden, 33, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Demetris A. Bradley, 40, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Charles Cherry, Jr., 28, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Michael Guest, 61, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Jamare Ash, 32, Jennings, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Mary Brown, 36, St. Louis, was indicted by a federal grand jury on one felony count of possession with intent to distribute cocaine base; one felony count of possession of a firearm in furtherance of a drug trafficking crime; and one felony count of felon in possession of a firearm.
Markquis Bryant, 28, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Steven Conner, 33, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Jorion Garrett, 19, Hazelwood, was indicted by a federal grand jury on one felony count of armed carjacking and one felony count of brandishing a firearm in furtherance of a crime.
Anthony Horton, 28, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Damon Johnson, 27, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Nicholas Johnson, 28, St. Louis, was indicted by a federal grand jury on one felony count of possession with the intent to distribute fentanyl; and one felony count of possession of a firearm in furtherance of a drug trafficking crime; and one felony count of felon in possession of a firearm.
Nicholas Luedemann, 31, Jefferson County, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Robert Moore, 28, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Tyrell Reed, 31, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Charlie Robinson, Jr., 45, was indicted by a federal grand jury on one felony count of felon in possession of a firearm; one felony count of possession with intent to distribute a controlled substance; and one felony count of possession of a firearm in furtherance of a drug trafficking crime.
Maurice Scott, 28, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm; one felony count of possession with intent to distribute marijuana; and one felony count of possession of a firearm in furtherance of a drug trafficking crime.
Donald Shaw, 31, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Terry Stubblefield, 47, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Austin Thater, 28, Union, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Deandrea Thompson, 45, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
William Wilson, 32, Florissant, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Larry Belcarist, 32, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Rondell Billups, 27, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Darrion Branscomb, 24, was indicted by a federal grand jury on one felony count of felon in possession of a firearm; one felony count of possession with intent to distribute fentanyl; and one felony count of possession of a firearm in furtherance of a drug trafficking crime.
James Coleman, 31, Dellwood, was indicted by a federal grand jury on one felony count of felon in possession of a firearm; one felony count of possession with intent to distribute a mixture or substance containing a detectable amount of heroin and fentanyl; and possession of a firearm in furtherance of a drug trafficking crime.
Darnell Duff, 23, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Jerome Green, 36, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm; one felony count of possession with intent to distribute a mixture or substance containing a detectable amount of fentanyl; and one felony count of possession of a firearm in furtherance of a drug trafficking crime.
Armon Harris, 38, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm; one felony count of possession with the intent to distribute cocaine base (crack); and one felony count of possession of a firearm in furtherance of a drug trafficking crime.
Derrick Hudson, 37, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
James Jackson, 37, Jefferson County, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Kyle Miller, 27, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm; one felony count of possession with the intent to distribute heroin; and one felony count of possession of a firearm in furtherance of a drug trafficking crime.
Taylor Sanborn, 25, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm.
Anthoney Tucker, 25, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a firearm; one felony count of possession with intent to distribute a controlled substance; and possession of a firearm in furtherance of a drug trafficking crime.
Gregory Williams, 28, St. Louis, was indicted by a federal grand jury on one felony count of possession with intent to distribute marijuana; possession of a firearm in a federal facility; and possession of a firearm in furtherance of a drug trafficking crime.
Taylor Wilson, 26, St. Louis, was indicted by a federal grand jury on one felony count of felon in possession of a machine gun; one felony count of possession of a firearm with obliterated serial number; and one felony count of receiving and possessing a firearm not registered under the National Firearms Registration and Transfer Record.
Terrell Raney, 39, St. Louis, pled guilty to felon in possession of a firearm.
Raynard Davison, 44, St. Louis, pled guilty to felon in possession of a firearm.
Eric Thompson, 48, St. Louis, pled guilty to felon in possession of a firearm.
Derrick Terry, 39, pled guilty to conspiracy to distribute and possess with intent to distribute cocaine; conspiracy to distribute and possess with intent to distribute heroin; possess, brandish and discharge a firearm in furtherance of a drug trafficking crime resulting in death; obstruction of justice; and unlawful flight to avoid prosecution; conspiracy to commit money laundering.
Odell A. Pickett, Jr., 20, St. Louis, pled guilty to armed carjacking; brandishing a firearm in furtherance of a crime of violence; and possession with intent to distribute heroin.
Darryl Easley, 47, St. Louis, pled guilty to possession with intent to distribute marijuana and possession of a firearm in furtherance of a drug trafficking crime.
Maurice Thomas, 42, St. Louis, pled guilty to felon in possession of a firearm.
Marlon Williams, 46, St. Louis, pled guilty to felon in possession of a firearm.
Robert Jackson, 26, pled guilty to possessing with intent to distribute fentanyl; knowingly possess one or more firearms in furtherance of the drug trafficking crime; and felon in possession of a firearm.
Alonzo Morris, 24, St. Louis, pled guilty to felon in possession of a firearm.
Kevin Boyer, 24, St. Louis, pled guilty to felon in possession of a firearm.
Nicholas Baldwin, 36, pled guilty to conspiracy to possess with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.
Marquis Seddens, 36, St. Louis, pled guilty to felon in possession of a firearm and possession with intent to distribute marijuana.
Randell M. Davis, 30, St. Louis, pled guilty to possession with intent to distribute heroin and possession of a firearm in furtherance of a drug trafficking crime.
Demario White, 25, St. Louis, pled guilty to felon in possession of a firearm.
Michael Nunley, 41, St. Louis, pled guilty to felon in possession of a firearm.
Damarlyn Stewart, 37, Shreveport, LA, pled guilty to felon in possession of a firearm.
Lawrence Lee, 23, Florissant, pled guilty to conspiracy to distribute fentanyl; possession of a firearm in furtherance of a drug trafficking crime; and felon in possession of a firearm.
Rodrick Brown, 29, St. Louis, pled guilty to possession with intent to distribute heroin and possession of a firearm in furtherance of a drug trafficking crime.
Sylvester Ivory, 40, St. Louis, pled guilty to felon in possession of a firearm.
Carl E. Thomas, Jr., 27, St. Louis, pled guilty to felon in possession of a firearm.
Bradley A. Simon, 32, Crestwood, pled guilty to felon in possession of a firearm; possession with intent to distribute methamphetamine; and possession of a firearm in furtherance of a drug trafficking crime.
Kevin Bishop, 44, St. Louis, was sentenced to 105 months in prison for felon in possession of firearm.
Alonzo Finger, 34, St. Louis, was sentenced to 37 months in prison for felon in possession of a firearm.
Marquis Black, 30, St. Louis, was sentenced to 51 months in prison for felon in possession of a firearm.
Terrance Long, 27, St. Louis, was sentenced to 20 months in prison for felon in possession of a firearm.
Marcus Townley, 37, St. Louis, was sentenced to 50 months in prison for conspiracy to distribute heroin; possession of a firearm in furtherance of a drug trafficking crime; and felon in possession of a firearm.
Michael Jackson, 33, St. Louis, was sentenced to 57 months in prison for felon in possession of a firearm.
Kelvin Williams, St. Louis, was sentenced to 192 months in prison for felon in possession of a firearm; possession with intent to distribute methamphetamine; possession with intent to distribute heroin; possession with intent to distribute cocaine; possession with intent to distribute marijuana; maintaining a drug involved premises; and possession of a firearm in furtherance of a drug trafficking crime.
Kerry L. Chau, 22, St. Louis, was sentenced to 30 months in prison for felon in possession of a firearm.
Douglas Druger, 40, was sentenced to 480 months in prison for conspiracy to distribute methamphetamine; possession of a firearm in furtherance of a drug trafficking crime; possession with intent to distribute methamphetamine; possessing of methamphetamine; and possession of a firearm in furtherance of a drug trafficking crime.
Tommie Anderson, 30, St. Louis, was sentenced to 27 months in prison for felon in possession of a firearm.
Dakari Coles, 31, St. Louis, was sentenced to 30 months in prison for felon in possession of a firearm.
Devon Guice, 27, St. Louis, was sentenced to 120 months in prison for felon in possession of a firearm.
Guy S. Long, 45, St. Louis, was sentenced to 13 months in prison for felon in possession of a firearm.
Joseph L. Miles, 31, St. Louis, was sentenced to 12 months and a day in prison for felon in possession of a firearm.
Donta Vines, 32, St. Louis, was sentenced to 27 months in prison for felon in possession of a firearm.
Unlawful Gun Possessor Sentenced to 58 Months in PrisonRead the Press Release
BOISE - Michael Jeffrey Sanders, 27, of Boise, Idaho, was sentenced today in United States District Court to 58 months in prison, followed by three years of supervised release, for the crime of unlawful possession of a firearm, U.S. Attorney Bart M. Davis announced. U.S. District Judge David C. Nye also ordered Sanders to forfeit the firearms involved in the offense. On November 7, 2017, Sanders pleaded guilty to one count of unlawful possession of a firearm.
According to the plea agreement, on January 19, 2017, Boise Police pulled over a car Sanders was driving for a traffic violation. In the back seat of the car, wrapped in a shirt, Sanders possessed a short-barreled shotgun under the driver’s seat. Sanders admitted to having handled the shotgun and placing it under the seat. The barrel of the shotgun measured less than 18 inches.
According to the plea agreement, on June 24, 2016, Boise Police pulled over a car in which Sanders was a passenger for speeding. Underneath the passenger seat of the car, Sanders possessed a loaded Sig Sauer P232 9mm handgun, with an obliterated serial number. Inside the car, in a backpack, Sanders possessed used and unused syringes, Q-tips, baggies, a digital scale, and a box of hollow point ammunition.
According to the plea agreement, Sanders was convicted on May 16, 2014 of possession of a controlled substance, a crime punishable by imprisonment for a term exceeding one year, and thus, could not legally possess firearms.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Boise Police Department.
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.
United States Attorney and Federal, State, and Local Law Enforcement Partners Announce Charges in Largest Narcotics Prosecution in District HistoryRead the Press Release
United States Attorney Brandon J. Fremin announced today that a lengthy federal investigation into an extensive drug trafficking network based in Baton Rouge, Louisiana has resulted in the return of three grand jury indictments charging forty-one (41) separate individuals in more than 80 counts with narcotics and firearms-related offenses. As discussed in more detail below, the defendants are charged with conspiring to possess and distribute methamphetamine, heroin, cocaine, and cocaine base, and several of the defendants are charged with possessing firearms in furtherance of their drug trafficking activities. If convicted, the defendants face significant terms of imprisonment, significant fines, restitution, and forfeiture.
The indictments are the product of a long-term investigation led by the U.S. Attorney’s Office and the Drug Enforcement Administration (DEA), as part of the Middle District Organized Crime and Drug Trafficking Task Force (OCDETF). The investigation has received invaluable assistance from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the East Baton Rouge Parish Sheriff’s Office, the Baton Rouge City Police Department, and the Louisiana State Police. Other agencies also assisted in apprehending the defendants, including the U.S. Marshal’s Service, and the Sheriffs’ Offices in Ascension, Iberville, and West Baton Rouge Parishes.
United States v. Travis R. James et al., Criminal No. 18-21-SDD-RLB
In the first case, the grand jury has charged fifteen (15) defendants, including TRAVIS R. JAMES, TROY L. JAMES, HARRIS HAMPTON, III, JOSHUA J. MANSION, SIDNEY L. JARVIS, D’MARI D. HARDING, KIM K. MURPHY, YASCIA N. LAFRANCE, CARL W. RICHARD, JR., MELVIN A. JACOBS, MICHAEL D. NELSON, ANTHONY DUPARD, CORNELIUS J. CARTER, COREY L. KING, and BRIAN W. HOLLINGSWORTH. All of the defendants are residents of Louisiana, with most residing in the Baton Rouge area, with the exception of KING and HOLLINGSWORTH, who are residents of Hattiesburg, Mississippi.
The defendants face twenty-eight (28) counts, including conspiracy to distribute and possess with the intent to distribute cocaine, cocaine base, and heroin; possession with the intent to distribute cocaine and cocaine base; distribution of cocaine and cocaine base; possession of firearms in furtherance of a drug trafficking crime; possession of a firearm by a convicted felon; and the unlawful use of communication facilities in facilitating the commission of the drug trafficking crimes referenced above.
United States v. James C. Hull et al., Criminal No. 18-22-JWD-EWD
In the second case, the grand jury has charged five defendants, including JAMES C. HULL, BYRON A. LAWSON, HENRY J. HAYES, DARIUSS SPRIVEY, and BRIAN HERNANDEZ, all Baton Rouge residents. The defendants face twenty-one (21) counts, including conspiracy to distribute and possess with the intent to distribute heroin, methamphetamine, and cocaine base; possession with the intent to distribute methamphetamine and cocaine base; distribution of heroin, methamphetamine, and cocaine base; possession of a firearm in furtherance of a drug trafficking crime; possession of a firearm by a convicted felon; and the unlawful use of communication facilities in facilitating the commission of the drug trafficking crimes referenced above.
United States v. Cody Stafford et al., Criminal No. 18-23-BAJ-EWD
In the third case, the grand jury has charged twenty-one (21) defendants, including CODY STAFFORD, DUSTIN HENDERSON, BEN HAMMET, SAM E. 0KINAMORE, BRITTANY P. YOUNG, WILLIAM W. LIPSCOMB, FRANK W. LIPSCOMB, ASHLEY L. IMPSON, SHANNON E. JOHNSON, SAMUEL RICHARDSON, BRIAN N. DANNA, HEATHER R. WEBBER, DALE ODOM, GREGORY A. LOLLIS, BRANDON S. KINAMORE, ROBERT T. SANDERS, JENNIFER LEVITE, JOBY V. LETARD, STACY TAYLOR, JOHNNY MASON, and SHAYLA T. PAYNE, all of Baton Rouge.
The Indictment includes thirty-four (34) counts, including conspiracy to distribute and possess with the intent to distribute heroin, methamphetamine, and cocaine base; possession with the intent to distribute methamphetamine; distribution of methamphetamine; possession of a firearm in furtherance of a drug trafficking crime; possession of a firearm by a convicted felon; and the unlawful use of communication facilities in facilitating the commission of the drug trafficking crimes referenced above.
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U.S. Attorney Fremin stated, “This office, along with our federal, state and local partners, will continue to aggressively pursue those who engage in the illegal trafficking of drugs in our district. This type of behavior destroys our communities and the lives of our people one deal at a time and it will not be tolerated. These indictments send a strong message to those who continue to poison our communities that we will not sit idly by while you conduct business.”
The investigation is yet another effort by the Organized Crime Drug Enforcement Task Force (OCDETF) Program, which was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. The OCDETF Program operates nationwide and combines the resources and unique expertise of numerous federal, state, and local agencies in a coordinated attack against major drug trafficking and money laundering organizations.
These ongoing investigations are being prosecuted by Assistant U.S. Attorneys Robert Piedrahita and Cal Leipold, with valuable assistance from Assistant U.S. Attorneys Kevin Sanchez, Brad Casey, and Elizabeth White.
NOTE: An indictment is an accusation by the Grand Jury. The defendants are presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Union County, New Jersey, Man Gets over Eight Years in Prison for Distributing Sexually Explicit Images and Videos of ChildrenRead the Press Release
TRENTON, N.J. – An Elizabeth, New Jersey, man was sentenced today to 97 months in prison for using his home computer to distribute sexually explicit videos and images of children, U.S. Attorney Craig Carpenito announced.
Thomas J. Leonard, 36, previously pleaded guilty before U.S. District Judge Brian R. Martinotti to an information charging him with one count of distributing child pornography. Judge Martinotti imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court, Leonard admitted that he used the online peer-to-peer file sharing program BitTorrent to obtain and distribute images and videos of children engaged in sexual acts.
In addition to the prison term, Judge Martinotti sentenced Leonard to five years of supervised release and fined him $30,000.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation. He also thanked the Union County Prosecutor’s Office, the N.J. State Police, and the N.J. Regional Computer Forensics Laboratory, for their assistance.
The government is represented by Assistant U.S. Attorney Veronica Allende of the U.S. Attorney’s Office Criminal Division in Trenton.
Anyone with information regarding possible victims of this activity is urged to contact the FBI in Newark at 973-792-3000.
Defense counsel: Rubin M. Sinins Esq., Springfield, New JerseyU.S. Border Patrol Arrests Texas Man Based on 18-Pound Methamphetamine Seizure at Checkpoint 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 Joshua Alexander Jimenez, 23, of El Paso, Texas, with a methamphetamine trafficking offense arising out of the seizure of 18 pounds of methamphetamine at a U.S. Border Patrol checkpoint in southern New Mexico on Feb. 26, 2018. Jimenez was remanded into custody pending trial, which has yet to be scheduled.
U.S. Border Patrol agents arrested Jimenez on Feb. 26, 2018, after seizing approximately 8.25 kilograms (18.2 pounds) of methamphetamine allegedly concealed in Jimenez’s vehicle. According to the criminal complaint, the agents found the methamphetamine while inspecting the vehicle at the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo, N.M., in Otero County, N.M.
If convicted of the charges in the criminal complaint, Jimenez 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 U.S. Border Patrol and the Las Cruces office of the DEA. Special Assistant U.S. Attorney Joni Autrey is prosecuting the case.
Twenty-three Ghost Face Gangsters federally indicted on RICO and other chargesRead the Press Release
ROME, Ga. -- Federal and state agents have arrested 23 members and associates of the Ghostface Gangsters prison gang, which originated in the Cobb County, Georgia jail in 2000, and has since spread through Georgia jails, prisons, and beyond. A federal grand jury returned a 21-count indictment on Feb. 8, 2018, which was recently unsealed. The crimes alleged in the indictment range from wire fraud to murder.
“An attack on our law enforcement officers is an attack on all of us and can never be tolerated,” said Attorney General Sessions. “Law enforcement officers are the thin blue line standing between law abiding people and the violent gangs and criminals who peddle poison to our young people, terrorize our communities, and attempt to impose a false sovereignty over our neighborhoods. President Trump has ordered us to improve the safety of our law enforcement officers, and at the Department of Justice, we are carrying out that order. I want to thank everyone who helped make today’s arrests possible, including ATF and the FBI, as well as more than a dozen state and local law enforcement agencies across Georgia and Alabama. Today’s arrests will help us achieve justice for the officers who have sacrificed so much and to follow President Trump’s order to back the men and women in blue.”
“The Ghostface Gangsters gang is very violent and their members will not hesitate to shoot at anyone,” said U.S. Attorney Byung J. “BJay” Pak. “Members have allegedly committed drug trafficking crimes inside and outside of prisons to make money, while committing violent crimes against each other, innocent citizens, and police officers. We are partnering with local and state law enforcement agencies, including the Georgia Department of Corrections, to stop this criminal enterprise. If convicted, the defendants will be removed to federal facilities all across the United States.”
“As a result of this operation, ATF has disrupted a dangerous and pervasive threat to the local community,” said ATF Acting Special Agent in Charge John Schmidt. “The Ghostface Gangsters gang flourished through recruitment, intimidation, and perpetration of heinous crimes, and it is critical that law enforcement agencies take aggressive actions against these criminals. This investigation is an example of ATF remaining on the frontline of preventing violent crime through excellent cooperation with our law enforcement partners.”
“The recent federal indictments of this dangerous gang demonstrates how effective and important interagency collaboration is between federal, state, and local partners, and also demonstrates the commitment of law enforcement entities at every level to keep the communities across this nation as safe as possible,” said Chief Michael Register, Cobb County Police Department.
“As part of our commitment to ridding our prisons of criminal activity, we maintain a robust plan for identifying and managing those participating in gang activity,” said Corrections Commissioner Gregory C. Dozier. “The use of contraband cell phones by these individuals as a tool to carry out their crimes, is a fight we continue to battle. We appreciate the support and assistance of our law enforcement partners on every level, in our efforts to see that justice is being served on those who pose a threat to the safety of the public and the operations of our facilities.”
According to U.S. Attorney Pak, the charges, and other information presented in court: Beginning in the year 2000, the defendants named in the Racketeering Influenced Corrupt Organization (RICO) conspiracy charge allegedly plotted to commit murders, kidnapping, firearm crimes, drug trafficking, assault, witness tampering, wire fraud and other crimes in furtherance of the Ghostface Gangsters criminal enterprise. Other members and associates are charged in a drug conspiracy, and with separate counts of Violent Crimes in Aid of Racketeering, including carjacking, attempted murder, kidnapping, assault with serious bodily injury and maiming.
Ghostface Gangsters are organized into different positions of leadership, including the founding pillars, those having a “seat at the table,” “First Lady,” state-wide positions consisting of security, violator, structure board, education coordinator, living coordinator, communications coordinator, investigator, enforcement coordinator, recruiter, planning and strategy, treasurer, legal coordinator, meeting coordinator and event coordinator.
Members within the prisons used contraband cell phones to continue their drug sales both within and outside the prison, and used the phones to communicate regularly with other gang members one-on-one and even conducted video conferences with multiple members about decisions to be made by the gang.
Since the early 2000’s, Ghostface Gangsters and their associates have trafficked methamphetamine, marijuana and illegal pills, both inside and outside prisons throughout Georgia. Some of the defendants in this case have committed multiple violent acts to include:
On July 5, 2016, defendant Victor Manuel Dejesus allegedly violently carjacked a citizen using a firearm and threatened to kill her. He took the car, then picked up defendant Christopher Marlow, and together they fled from a Cobb County Deputy Sheriff. Dejesus shot at the deputy from inside the car and later threw the gun out the window. The gun was later turned over to police after a citizen found it lying on the side of the road.
- On December 2, 2016, defendant Cody Ryan Todd, upon receiving an order from defendant David Gene Powell, allegedly joined other GFG members to kidnap one of their own members for violating gang rules. Todd and the other members of the GFG beat the victim badly, including trying to pull out his teeth with pliers. They videotaped the incident, which showed the victim lying down and pleading for help because he could not breathe.
- In December of 2016, defendants Christopher Jarman Davis and Jonathan Stubbs, under the orders of defendant Jeffrey Alan Bourassa, allegedly kidnapped another GFG member, held him at gunpoint and cut off his tattoo with a knife.
- On March 8, 2017, defendant William J. Goodman allegedly stabbed another GFG member in the neck and back for violating gang rules, causing severe blood loss, serious bodily injury, and a collapsed lung.
- On October 29, 2016, defendant Richard B. Sosebee shot a man in the eye during a drug deal, causing him to lose his eye.
- On December 11, 2017, defendant Kevin Scott Sosebee was a passenger in a car pulled over in a traffic stop. The Cobb County Police officer who pulled the car over was alone. Before the officer could exit his car, Sosebee allegedly shot at him several times and then fled from the officer.
The RICO conspiracy charge names the following defendants:
- Jeffrey Alan Bourassa, a/k/a “J.B.,” “Babyface,” and “Kid,” 35, of Cobb County, Georgia, is a founding pillar of GFG. Bourassa is also charged with aiding and abetting another person by kidnapping and maiming a fellow GFG member;
- Kevin Scott Sosebee, a/k/a “Sosa,” 27, of Cobb County, Georgia, is also charged with the attempted murder of a Cobb County Police Officer;
- David Gene Powell, a/k/a “Davo,” of Cobb County, Georgia, 40, is a founding pillar of GFG. He is also charged with aiding and abetting another person by kidnapping and assaulting a fellow GFG member;
- Victor Manuel Dejesus, a/k/a “VG Vic,” 36, of Gwinnett County, Georgia. Dejesus is also charged with carjacking, attempted murder of a Cobb County deputy sheriff, and using a firearm during a crime of violence;
- Richard Brian Sosebee, a/k/a “Dirty,” 42, of Hall County, Georgia, is also charged with attempted murder and other firearms charges;
- Jonathan Stubbs, 29, of Hamilton County, Tennessee, is also charged with aiding and abetting one other by kidnapping and maiming a fellow GFG member;
- Cody Ryan Todd, 28, of Carroll County, Georgia. He is also charged with aiding and abetting another person by kidnapping and assaulting a fellow GFG member;
- Toby James Ogletree, 42, of Spalding County, Georgia;
- Cheri Lea Rau, 59, of Cobb County, Georgia.
The following defendants are also named in the drug conspiracy:
- Joseph M. Propps, a/k/a “JP,” 39, of Cobb County, Georgia;
- Marc Avon Lefevre, Jr, a/k/a “Ghost,” 32, of Cobb County, Georgia;
- Christopher Lasher, a/k/a/ “Retta,” 35, of Marietta, Georgia;
- Genevieve Waits, 35, of Cleveland, Ohio;
- Christopher Steven Jones, a/k/a “Red,” 34, of Cherokee County, Georgia;
- Samantha Miller, 26, of Cobb County, Georgia;
- Hailey Danielle Sizemore, 27, of Douglas County, Georgia;
- Kayli Brewer, 26, of Cobb County, Georgia;
- Brittany Nicole Jones, 30, of Rockdale County, Georgia;
- David Gene Powell, a/k/a “Davo;”
- Jeffrey Alan Bourassa, a/k/a “J.B.,” “Babyface;”
- Cheri Lea Rau; and
- Toby James Ogletree.
Additional defendants and their charges are as follows:
- Christopher Marlow a/k/a “Loko,” 28, of Cobb County, Georgia, is charged with attempted murder of the Cobb County deputy sheriff and firearm charge.
- Christopher Jarman Davis, 27, of Walker County, Georgia, along with Jonathan Stubbs and Jeffrey Bourassa, is charged with aiding and abetting one other by kidnapping and maiming a fellow GFG member.
- William J. Goodman, aka “JBeenlivin’good” and “JGood,” 24, of Paulding County, Georgia, is charged with attempted murder of a fellow GFG member.
- Kelly Ray Shiflett, 30, of Floyd County, Georgia, is charged with being a convicted felon in possession of a firearm; and
- Randall Arthur Lee Chumley, 36, of Pickens County, Georgia, is charged with being a convicted felon in possession of a firearm, and other drug and firearm charges.
Several defendants in the indictment were arraigned before U.S. Magistrate Judge Walter E. Johnson. Twenty gang members were already in custody on state or local charges and will be arraigned in the next few days. Members of the public are reminded that the indictment only contains charges, and that the defendants are presumed innocent of the charges. It will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cobb County Police Department with the assistance of the Georgia Department of Corrections and the following agencies: Marietta Cobb Smyrna/Cobb Anti-Gang Enforcement (CAGE), Cobb County Sheriff’s Office, Marietta Police Department, Cobb District Attorney’s Office, Criminal Investigations Division and Criminal Intelligence Unit of the Georgia Department of Corrections, Cherokee County Sheriff’s Office, Ball Ground Police Department, Cherokee County District Attorney’s Office/Blue Ridge Judicial Circuit, Douglas County Sheriff’s Office, Douglasville Police Department, Douglas County District Attorney’s Office, FBI, Floyd County Sheriff’s Office, Floyd County Police Department, Rome/Floyd Metro Task Force, Floyd County District Attorney’s Office, Carrollton Police Department, Carroll County District Attorney’s Office/Coweta Judicial Circuit, Gainesville Police Department, Hall County District Attorney’s Office, Pickens County Sheriff’s Office, Pickens County District Attorney’s Office/Appalachian Judicial Circuit, Jefferson County, Alabama Sheriff’s Office, Metro Area Crime Center, Jefferson County, Alabama District Attorney’s Office/Alabama Tenth Judicial Circuit, Georgia Department of Community Supervision, Walton County Sheriff’s Office, Newton County Sheriff’s Office, Covington Police Department, Walton/Newton County District Attorney’s Office/Alcovy Judicial Circuit, Drug Enforcement Administration – Chattanooga Field Office, Murray County Sheriff’s Office, and the Catoosa County Sheriff’s Office.This case is being prosecuted by Assistant U.S. Attorney Katherine M. Hoffer and Trial Attorney John Hanley of the Department of Justice Criminal Division.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.- On December 2, 2016, defendant Cody Ryan Todd, upon receiving an order from defendant David Gene Powell, allegedly joined other GFG members to kidnap one of their own members for violating gang rules. Todd and the other members of the GFG beat the victim badly, including trying to pull out his teeth with pliers. They videotaped the incident, which showed the victim lying down and pleading for help because he could not breathe.
Tucson Man Sentenced to 14 Years for Abusive Sexual Contact with ChildRead the Press Release
TUCSON, Ariz. – Today, Emmanuel Ahumada Flores, 32, of Tucson, Ariz., was sentenced by U.S. District Judge Jennifer G. Zipps to 14 years’ imprisonment. Flores had previously pleaded guilty to one count of abusive sexual contact with a child.
Flores admitted to engaging in abusive sexual contact with a child under the age of 12 between January 2013 and August 2015. Both Flores and the victim are members of the Pascua Yaqui Nation.
The investigation in this case was conducted by the Federal Bureau of Investigation and Pascua Yaqui Police Department, with assistance provided by the Arizona Department of Public Safety. The prosecution was handled by Matthew C. Cassell and Heather N. Siegele, Assistant U.S. Attorneys, District of Arizona, Tucson.
CASE NUMBER: CR-16-0638-TUC-JGZ-LAB
RELEASE NUMBER: 2018-022_Flores
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Texas Man Facing Federal Drug Trafficking Charge Arising Out of Eleven-Pound Cocaine Seizure at U.S. Border Patrol Checkpoint in New MexicoRead the Press Release
ALBUQUERQUE – Kyle Marshall Hogue, 29, of El Paso, Texas, was ordered detained pending trial after a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging him with a cocaine trafficking offense. The charge against Hogue arises out of the seizure of nearly eleven pounds of cocaine at a U.S. Border Patrol checkpoint in southern New Mexico on Feb. 27, 2018.
U.S. Border Patrol agents arrested Hogue on Feb. 27, 2018, after allegedly seizing approximately 4.85 kilograms (10.7 pounds) of cocaine concealed in Hogue’s vehicle. According to the criminal complaint, the agents allegedly found the cocaine in Hogue’s vehicle during an inspection at the U.S. Border Patrol checkpoint located on Interstate 25 in Dona Ana County, N.M.
If convicted of the charges in the criminal complaint, Hogue faces a statutory mandatory minimum penalty of five years and a maximum of 40 years 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 U.S. Border Patrol and the Las Cruces office of the DEA. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Texas Man Arrested and Charged with Interfering with the Duties of A Flight AttendantRead the Press Release
Tampa, Florida – Colby Isaac Hilleary (24, Greenville, Texas) has been arrested and charged by criminal complaint with interfering with the duties of a flight attendant. He faces a maximum sentence of 20 years in federal prison.
According to the complaint, on March 2, 2018, Hilleary was a passenger on an American Airlines flight from Ft. Lauderdale to Dallas, Texas. Shortly after takeoff, he left his seat and ran to the front of the aircraft; a flight attendant told him that he needed to return to his seat. Hilleary responded, "the plane is going the wrong way," and "there are no pilots on the plane." A flight attendant then told Hilleary that there were pilots flying the plane and that it was currently over the water, but would turn and head towards Dallas shortly. Hilleary eventually returned to his seat.
Once seated, Hilleary continued behaving in a disruptive manner. The flight attendant approached Hilleary in his seat in an attempt to address his concerns and calm him down, but he continued his erratic behavior. Hilleary stated, "The plane has been hijacked," and became increasingly agitated. He then jumped up from his seat and physically attacked the flight attendant. During the altercation, the flight attendant was punched in the face before other passengers could subdue him. The flight attendant notified the captain and the plane was diverted for an emergency landing in Tampa.
A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Shauna S. Hale.
St. Louis Man Pleads Guilty to Sex TraffickingRead the Press Release
KANSAS CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced that a St. Louis, Mo., man pleaded guilty in federal court today to his role in a sex trafficking conspiracy.
Calvin Anthony Miller, also known as “Cerius Blacc,” 35, pleaded guilty before U.S. District Judge Stephen R. Bough to the charges contained in a Nov. 2, 2016, federal indictment. In addition to the conspiracy, Miller pleaded guilty to two counts of transporting an individual across state lines for prostitution.
By pleading guilty today, Miller admitted that he engaged in the conspiracy from approximately March 1, 2015, to Oct. 15, 2016, which victimized two women whom he forced to engage in prostitution.
This case is the result of Operation Cross Country X, an international FBI investigation of sex trafficking in partnership with local law enforcement agencies.
According to court documents, a federal undercover agent assisted the Independence, Mo., Police Department, posing as a customer attempting to hire a prostitute for sex. On Oct. 14, 2016, the undercover agent located an online listing that included provocative and partially nude photos along with a description and some possible acts that she was willing to do. The agent contacted her and she agreed to meet him at a hotel.
This witness provided law enforcement officers with information on Miller, who she said was a violent pimp, and his cousin, co-defendant Henry Dailey, 37, also of St. Louis. Dailey pleaded guilty on June 26, 2017, to transporting an individual across state lines for prostitution.
The witness led law enforcement to a hotel in Independence where they encountered Victim 1 and Victim 2. Victim 1 told law enforcement officers that Miller was violent and abusive. She said she met Miller in March 2015 and had never been allowed to go back home. Victim 1, who said Miller broke her hip during one violent encounter, told officers, “If I tell you anything he will kill me” and started crying. She stated that she did not believe the police could provide enough security to protect her from “these guys.”
Victim 2 told the detective that she wanted away from the group and just wanted to go home.
While at the hotel, agents determined that Miller had rented two rooms on the third floor and a room on the first floor. Agents made contact with Miller on the third floor. Miller was noncompliant with law enforcement requests, was directed to the ground, and cuffed.
Each of the victims told law enforcement officers that Miller required them to work in a prostitution ring based in St. Louis, threatening them with violence and death if they tried to leave, and took all of their money. They also said that Miller forced them to use drugs to keep them addicted and dependent on them.
Under federal statutes, Miller is subject to a sentence of up to life 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 Teresa A. Moore. It was investigated by the FBI, Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Independence, Mo., Police Department.
St. Lawrence County Man Arrested on Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK – Tyler Hargrave, age 19, of Massena, New York, was arrested today in connection with an indictment charging him with the transportation, receipt, and possession of child pornography, announced United States Attorney Grant C. Jaquith, Resident Agent in Charge Russell Linstad, U.S. Department of Homeland Security, Homeland Security Investigations (HSI), Massena, New York, and New York State Police Superintendent George P. Beach II.
Hargrave was arrested by HSI Special Agents and New York State Police at his home in Massena, New York. The defendant appeared in federal court in Syracuse was ordered detained in custody without bail pending a hearing scheduled for March 9, 2018.
If convicted, Tyler Hargrave faces a mandatory minimum term of 5 years and a maximum sentence of 20 years in prison, a fine of up to $250,000.00 and a term of supervised release of at least 5 years and up to life, as well as mandatory registration as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by U.S. Department of Homeland Security, Homeland Security Investigations (HSI), and the New York State Police and is being prosecuted by Assistant United States Attorney Sahar L. Amandolare.
This multi-agency approach is a hallmark of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Six People Charged in Takedown of Newark Drug Trafficking OrganizationRead the Press Release
NEWARK, N.J. – Federal and local law enforcement authorities arrested six people today for their alleged roles in a drug trafficking organization that distributed heroin in Newark, U.S. Attorney Craig Carpenito announced.
Tyrone Brown, 34, Lamarr Burwell, 22, and Miles McCloud, 37, all of Newark, and Martin Pettiford, 23, of Irvington, New Jersey, are each charged by complaint with one count of conspiracy to distribute heroin and one or more counts of possession with intent to distribute heroin. Tyrone Brown is also charged with one count of possession with intent to distribute a fentanyl analogue. Omar Wyche, 29, of Newark, and Keyeen Scott, 37, of Myrtle Beach, South Carolina, were each charged with one or more counts of possession with intent to distribute heroin.
Five of the defendants are scheduled to appear before U.S. Magistrate Judge Mark Falk in Newark federal court today; Keyeen Scott is scheduled to appear before U.S. Magistrate Judge Kaymani D. West in Florence, South Carolina.
“The activities described in the criminal complaints unsealed today describe an active marketplace where heroin and crack cocaine are sold openly on the streets of Newark and surrounding areas,” U.S. Attorney Carpenito said. “The wiretaps and surveillance provide a glimpse into the violent and dangerous world these defendants have created in one neighborhood. Our office, working together with our federal and local law enforcement partners, is focusing on ridding neighborhoods of just this type of activity, one gang at a time. Today’s arrests signal an important new beginning in our fight to retake our streets from dangerous gangs and drug dealers.”
“Gangs are the mechanism by which drugs are transmitted to the ‘bad seeds’ in our cities, and are at the root of the violent crime problem,” FBI Special Agent in Charge Timothy Gallagher said. “The FBI Newark Field Office is committed to making Newark, and its surrounding communities, a safe place to be. The most effective way to combat this epidemic of violence is through cooperation; the efforts of all law enforcement agencies with the support and understanding of the citizens whom we protect and serve.”
“We appreciate our partnership with U.S. Attorney Craig Carpentino and Special Agent in Charge, Timothy Gallagher of the F.B.I. in Newark for lending their invaluable law enforcement expertise and resources in the apprehension of these suspects,” Newark Department of Public Safety Director Anthony Ambrose said. “These arrests represent our commitment to ensuring that the neighborhood in and around New Community Corporation complex is free from individuals who blatantly commit crimes and jeopardize the safety and quality of life of our residents. We will continue working tirelessly with our federal and local law enforcement partners to keep Newark safe.”
According to documents filed in this case and statements made in court:
The defendants are allegedly members of a drug trafficking organization that dealt heroin in and around Newark, specifically the area of Hayes Street and 14th Avenue near the New Community Corp. community development (NCC). The organization also supplied drugs to customers and other distributors elsewhere.
The organization is composed of members of the Brick City Brims set of the Bloods street gang. The investigation revealed that in addition to selling narcotics in and around NCC – primarily in a courtyard area they refer to as “the desert” – the members of the drug trafficking organization alerted each other to the presence of police, rival gang members or drug dealers within NCC; pooled narcotics; shared narcotics proceeds and customers; and raised bail money for each other following an arrest. Members of the organization have also engaged in violence and been the subject of violence in connection with their narcotics trafficking activities.
An investigation led by the FBI used physical and video surveillance, confidential informants, cooperating witnesses, dozens of controlled narcotics purchases, record checks, narcotics seizures, including of heroin, and multiple telephone wiretaps to uncover the operations of the drug trafficking organization.
The count of drug trafficking conspiracy carries a mandatory minimum penalty of five years in prison, a maximum potential penalty of 40 years in prison, and a $5 million fine. The drug possession counts carry a maximum potential penalty of 20 years in prison and a $1 million fine.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gallagher in Newark, and members of the Newark Department of Public Safety, under the direction of Director Anthony F. Ambrose, with the investigation leading to the charges.
He also thanked the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, the New Jersey Department of Corrections, New Jersey State Parole, the East Orange Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the U.S. Marshals for their assistance.
The drug trafficking organization operating out of the NCC was an original focus of the Violent Crime Initiative (VCI). The VCI was formed in August 2017 by the U.S. Attorney’s Office for the District of New Jersey, the Essex County Prosecutor’s Office, and the City of Newark’s Department of Public Safety for the sole purpose of combatting violent crime in and around the Newark. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI includes the U.S. Attorney’s Office, the FBI, the ATF, the Drug Enforcement Administration’s (DEA) New Jersey Division, the U.S. Marshals, the Newark Department of Public Safety, the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, New Jersey State Parole Board, Union County Jail, New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center, New Jersey Department of Corrections, the East Orange Police Department, and the Irvington Police Department.
The government is represented by Assistant U.S. Attorney Elaine K. Lou of the U.S. Attorney’s Office’s Organized Crime/Gangs Unit Division in Newark.
The charges and allegations contained in the complaints are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Schenectady Man Pleads Guilty to Possession of a Firearm as a FelonRead the Press Release
ALBANY, NEW YORK – Shaiquan Wright, age 21, of Schenectady, New York, pled guilty today to unlawfully possessing a firearm as a felon, announced United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
As part of his guilty plea, Wright admitted that on September 28, 2017, he possessed a Raven Arms, Model MP 25, .25 caliber pistol, while walking in Schenectady.
Wright faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Sentencing is scheduled for August 1, 2018 before Senior United States District Judge Frederick J. Scullin, Jr.
This case was investigated by the ATF and Schenectady Police Department, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.
Rochester Man Arrested on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy Jr. announced today that Michael Krepp, 58, of Rochester, NY, was arrested and charged by criminal complaint with receipt and distribution of child pornography. The charges carry a maximum penalty of 40 years in prison.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, between September 9, 2017, and January 22, 2018, an FBI Special Agent, working undercover, discovered multiple files containing videos and images of child pornography. Some of the videos and images depicted prepubescent children in sexual situations. Investigators determined that the IP address connected to the files resolved to one utilized by the defendant. Digital media recovered from Krepp in February 2018 contained child pornography.
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being detained.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.
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.
Previously Convicted Felon from Hudson County, New Jersey, Charged with Illegally Possessing Firearm Found During Witness Tampering InvestigationRead the Press Release
NEWARK, N.J. – A Jersey City, New Jersey, woman was charged today with possessing a weapon as a previously convicted felon, U.S. Attorney Craig Carpenito announced.
Shahouna Dutton, 24, is charged by complaint with one count of being a felon in possession of a firearm. Dutton was arrested at her home by special agents of the FBI. She made her initial appearance before U.S. Magistrate Judge Mark Falk in Newark federal court and was detained.
According to documents filed in this case and statements made in court:
On Feb. 22, 2018, investigators from the Hudson County Prosecutor’s Office executed a search warrant at Dutton’s home to look for further evidence of Dutton’s witness tampering related to a homicide case pending in Hudson County, which was scheduled to begin on Feb. 27, 2018. Investigators found a loaded .22 caliber handgun in Dutton’s bedroom. Dutton has two prior felony convictions in the State of New Jersey and is prohibited from possessing a firearm under federal law.
The felon in possession of a firearm charge carries a maximum potential penalty of 10 years in prison and a $250,000 fine.
U.S. Attorney Carpenito credited FBI special agents, under the direction of Special Agent in Charge Timothy Gallagher, with the investigation leading to the arrest. He also thanked the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez, and the Jersey City Police Department, under the direction of Department of Public Safety Director James Shea, for their assistance.
The government is represented by Senior Litigation Counsel Robert Frazer of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
The charge and allegations contained in the complaint are merely accusations and the defendant is considered innocent unless and until proven guilty.
Owner of North Suburban Home Health Care Company Sentenced to 18 Months in Prison for Cash-for-Patients Kickback SchemeRead the Press Release
CHICAGO — The owner of a north suburban home health care company has been sentenced to 18 months in federal prison for paying illegal kickbacks for patient referrals.
As the owner of Glenview-based TLC Healthcare Services of Illinois Inc., NORMA DE LA CRUZ paid recruiters $500 to $600 for each Medicare patient referred to her company. TLC then billed Medicare for home health services purportedly provided to the patients. De la Cruz attempted to conceal the payments by using sham contracts that claimed the recruiters provided “marketing” services. From 2012 to 2014, TLC fraudulently caused Medicare to pay out more than $390,000.
De la Cruz, 81, of Glenview, pleaded guilty last year to one count of conspiracy to offer and pay unlawful kickbacks. U.S. District Judge Rebecca R. Pallmeyer imposed the 18-month prison sentence Monday in federal court in Chicago.
The sentence was 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; and Lamont Pugh III, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Health and Human Services Office of Inspector General.
The government is represented by Trial Attorney Leslie S. Garthwaite of the Justice Department’s Criminal Division Fraud Section and First Assistant U.S. Attorney Joel R. Levin of the Northern District of Illinois.
De la Cruz, who was also a registered nurse at the time of the scheme, controlled bank accounts in TLC’s name as well as an account she held personally, both of which were used to pay bribes and kickbacks. She admitted in a plea agreement that she sought recruiters who would refer patients to TLC in exchange for a per-patient referral fee. De la Cruz paid one recruiter at least $65,000 in exchange for his patient referrals.
The government argued in its sentencing memorandum that de la Cruz used much of the proceeds from the conspiracy to gamble at a Chicago-area casino. During the approximate period of the conspiracy, de la Cruz incurred gambling losses of $245,000. The government also noted in its sentencing memorandum that de la Cruz had an additional $76,000 in gambling losses in the period from her initial court appearance in this case in June 2016 until her guilty plea in October 2017.
Oelwein Chiropractor and Clinic Agree to Pay Nearly $80,000 to Resolve False Claims Act Allegations Involving Free Electrical StimulationRead the Press Release
Bradley Brown, D.C., from Oelwein, Iowa, and his clinic, Brown Chiropractic, P.C., have agreed to pay $79,919 to resolve allegations Brown violated the False Claims Act by improperly billing Medicare and Medicaid for chiropractic adjustments after providing free electrical stimulation to beneficiaries to influence those beneficiaries to receive chiropractic adjustments from Brown. The government alleged that this conduct violated the Anti-Kickback Statute and, in turn, the False Claims Act. The claims at issue were submitted between January 1, 2012, and September 30, 2016.
The Anti-Kickback Statute’s purpose, in part, is to protect patients and federal healthcare programs from fraud and abuse by limiting the influence of money or improper incentives on healthcare decisions. It is intended to ensure, among other things, that improper financial incentives do not compromise providers’ medical judgments and that inappropriate considerations do not cloud beneficiaries’ decisions when determining which providers to utilize and which services to obtain.
“Our office takes seriously our responsibility to safeguard taxpayer dollars and to ensure a level playing field for healthcare providers,” said Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa. “We appreciate Dr. Brown’s cooperation in the investigation and hope this settlement sends a message to all providers that they must comply with all applicable rules and regulations or face consequences.”
The allegations resolved by the settlement arose from an investigation led by the Department of Health and Human Services and conducted in conjunction with the State of Iowa’s Medicaid Fraud Control Unit and the State of Iowa’s Medicaid Program Integrity Unit. False Claims Act cases also arise under the qui tam or whistleblower provisions of the Act, which permit a private party with knowledge of false claims to bring suit on behalf of the United States and then share in any recovery.
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North Country Man Pleads Guilty to Methamphetamine-Related ChargesRead the Press Release
SYRACUSE, NEW YORK – Loren Redhead, age 40, formerly of Hastings, New York, pled guilty today to possessing pseudoephedrine, knowing it would be used to manufacture methamphetamine, announced United States Attorney Grant C. Jaquith, U.S. Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt of the New York Division, and New York State Police Superintendent George P. Beach II.
As part of his guilty plea, Redhead admitted that on approximately 58 occasions between October 2015 and April 2017, he purchased pseudoephedrine pills from different drug stores in and around Onondaga County, New York, with an aggregate weight of approximately 112 grams. On approximately 47 other occasions, Redhead tried to purchase pseudoephedrine but was unable to do so because his attempts were blocked by the pharmacy computers since he had exceeded store purchase limits. The defendant knew there were restrictions on the sale of pseudoephedrine, and to avoid scrutiny he often rotated the stores where he bought the pills. Redhead further admitted that he purchased the approximately 112 grams of pseudoephedrine knowing and intending it to be used in the manufacture of methamphetamine, and he personally manufactured methamphetamine himself with the pseudoephedrine he had purchased.
Redhead’s sentencing is scheduled for July 6, 2018, in Syracuse. The charge to which Loren Redhead pled guilty carries a maximum term of imprisonment of 20 years, and a term of supervised release of up to 3 years. Redhead was remanded to custody following his plea of guilty.
This case was investigated by the New York State Police, including the NYSP Contaminated Crime Scene Emergency Response Team (CCERT), the New York State Intelligence Center (NYSIC), and the DEA, and is being prosecuted by Assistant U.S. Attorney Carl Eurenius.