Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Tuesday 6 March 2018
Nebraska Man Sentenced to Prison for Viewing Child PornographyRead the Press Release
A Nebraska man was sentenced yesterday to six years in prison for accessing with an intent to view child pornography, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Joseph P. Kelly of the District of Nebraska.
Dick Wollman, 60, of Omaha, Nebraska, pleaded guilty on Oct. 16, 2017 to accessing with the intent to view child pornography. U.S. District Court Judge Laurie Smith Camp of the District of Nebraska sentenced Wollman and also ordered him to serve 10 years of supervised release.
According to facts admitted by Wollman during the guilty plea, law enforcement identified Wollman as a user of an Internet-based video conferencing platform used to stream images and videos of child pornography during group video chats. Wollman was observed by law enforcement viewing videos and images of prepubescent child pornography being streamed on the platform. The defendant further admitted that he accessed the video conferencing platform more than a hundred times between November 2015 and February 2017 to view child pornography.
The charges are the result of an investigation by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The matter is being prosecuted by Trial Attorney Kaylynn N. Shoop of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Michael P. Norris of the District of Nebraska.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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 www.justice.gov/psc.
Nebraska Man Sentenced to Prison for Viewing Child PornographyRead the Press Release
A Nebraska man was sentenced yesterday to six years in prison for accessing with an intent to view child pornography, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Joseph P. Kelly of the District of Nebraska.
Dick Wollman, 60, of Omaha, Nebraska, pleaded guilty on Oct. 16, 2017 to accessing with the intent to view child pornography. U.S. District Court Judge Laurie Smith Camp of the District of Nebraska sentenced Wollman and also ordered him to serve 10 years of supervised release.
According to facts admitted by Wollman during the guilty plea, law enforcement identified Wollman as a user of an Internet-based video conferencing platform used to stream images and videos of child pornography during group video chats. Wollman was observed by law enforcement viewing videos and images of prepubescent child pornography being streamed on the platform. The defendant further admitted that he accessed the video conferencing platform more than a hundred times between November 2015 and February 2017 to view child pornography.
The charges are the result of an investigation by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The matter is being prosecuted by Trial Attorney Kaylynn N. Shoop of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Michael P. Norris of the District of Nebraska.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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 www.justice.gov/psc.
Monterey Park Woman Sentenced to Two Years in Prison for Injecting Foreign Substance into Woman for Buttocks EnhancementRead the Press Release
LOS ANGELES – A Monterey Park woman has been sentenced to 24 months in federal prison for injecting a woman with a foreign substance for the purpose of buttock enhancement.
Ana Bertha Diaz Hernandez, 47, was sentenced Monday by United States District Judge Philip S. Gutierrez. In addition to the prison term, Diaz was ordered to pay a $95,000 fine and $30,000 in restitution to the victim.
Diaz pleaded guilty last July to receiving and delivering an adulterated and misbranded medical device. According to a plea agreement filed in the case, the victim – who is identified as “I.T.” – filed a complaint with the California Medical Board after seeking treatments from Diaz to enhance her buttocks. I.T. stated that the product Diaz injected into her buttocks migrated to her “back, hips and legs.”
During a series of treatments that cost thousands of dollars, Diaz explained to I.T. that she was injecting a “natural product,” at points claiming the injections were “lamb’s fat.” However, after a series of treatments, I.T. began to suffer pain and experience serious medical complications, which led her to seek the assistance of a doctor in Colombia who specializes in reversing cosmetic procedures.
During Monday’s sentencing hearing, I.T. explained that she has experienced a great deal of pain, suffered from infections and complications, and was hospitalized for more than three weeks due to the injections administered by Diaz. I.T. underwent a major surgery to remove the substance injected into her buttocks and received skin grafts to repair the damage. The victim will need further reconstructive medical procedures. I.T. told the court that Diaz had lied to her and that she believed Diaz when Diaz said that the product was safe and would never move.
Diaz never told I.T. or her other customers that the product she was injecting into their buttocks had been illegally smuggled into the United States from Mexico, that the product was a medical device that was not approved for use in the United States for the purpose of enhancing buttocks or body contouring, and that she was not licensed in the United States to perform any such medical procedure.
Diaz intentionally defrauded and misled her customers regarding the safety of the substance and the nature of her qualifications to use the illegally smuggled medical device for body contouring purposes. Diaz injected the liquid substance into at least 10 customers – earning at least $40,000 from her illegal conduct. Despite the risk of death or serious bodily injury to her customers, and notwithstanding complaints from customers that they had suffered injuries from the procedure, Diaz recklessly continued to inject her customers with the smuggled and illegal substance.
This case was investigated by the United States Food and Drug Administration – Office of Criminal Investigations and the California Medical Board.
This case was prosecuted by Assistant United States Attorney Joseph O. Johns, Chief of the Environmental and Community Safety Crimes Section, and Assistant United States Attorney Amanda M. Bettinelli of the Environmental and Community Safety Crimes Section.
Mexican National Sentenced to Seven Years for Federal Heroin Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Gonzalo Montenegro-Coronel, 27, a Mexican national, was sentenced today in federal court in Albuquerque, N.M., to 84 months in prison for his conviction on heroin trafficking charges. Montenegro-Coronel will be deported after completing his prison sentence.
Montenegro-Coronel and his four co-defendants, Esther Ordonez, 48, Miguel Ordonez, 24, and Reydecel Lopez-Ordonez, 24, all of Albuquerque, and Fernando Gomez-Campos, 22, of El Paso, Texas, were charged in a 13-count indictment that was filed on Dec. 2, 2015. The indictment charged the defendants with participating in a heroin trafficking conspiracy between Nov. 2014 and Sept. 2015, with distributing heroin on eight occasions between Nov. 2014 and Sept. 2015, and with using telephones to facilitate drug trafficking crimes. It also charged Esther Ordonez, Miguel Ordonez and Montenegro-Coronel with maintaining a residence for the purpose of manufacturing and distributing heroin between Nov. 2014 and Sept. 2015. According to the indictment, the defendants committed the crimes in Bernalillo County, N.M.
On Nov. 8, 2017, Montenegro-Coronel pled guilty to distributing heroin, three counts of using a communication device in furtherance of a drug trafficking crime and maintaining a drug-involved premises. In entering the guilty plea, Montenegro-Coronel admitted that from Nov. 10, 2014 through Sept. 23, 2015, he participated in a heroin trafficking conspiracy by ordering bulk quantities of heroin from Mexico, which was then prepared and distributed to buyers in the Albuquerque area by his co-defendants. Specifically, Montenegro-Coronel admitted that on March 19, 2015 and March 27, 2015, he supplied quantities of heroin to his co-defendants for distribution to buyers. Montenegro-Coronel further admitted that on April 28, 2015 and May 18, 2015, he ordered and obtained bulk shipments of heroin from Mexico. Montenegro-Coronel admitted that throughout the conspiracy, he stored, cut and packaged heroin at a residence in Albuquerque.
All of Montenegro-Coronel’s co-defendants have entered guilty pleas and three have been sentenced. Lopez-Ordonez pled guilty on Oct. 19, 2016, and was sentenced to 60 months of imprisonment followed by four years of supervised release on March 30, 2017. Miguel Ordonez pled guilty on April 24, 2017, and was sentenced on Aug. 15, 2017, to 70 months in prison followed by four years of supervised release. Gomez-Campos pled guilty on March 10, 2017, and was sentenced on Nov. 2, 2017, to 18 months in prison followed by five years of supervised release. Esther Ordonez pled guilty on April 12, 2017, and has yet to be sentenced.
This case was investigated by the Albuquerque office of the DEA and the HIDTA Region I Drug Task Force as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The HIDTA Region I Drug Task Force is comprised of officers from the Albuquerque Police Department, Rio Rancho Police Department, Valencia County Sheriff’s Office, Pueblo of Pojoaque Tribal Police Department and DEA. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Assistant U.S. Attorneys Shaheen P. Torgoley, Stephen R. Kotz and Peter Eicker are prosecuting this case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Maryland woman admits to selling cocaineRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Westernport, Maryland woman has admitted to distributing cocaine, United States Attorney Bill Powell announced.
Shelley Kay Snyder-Windle, age 53, pled guilty to one count of “Distribution of Cocaine.” Snyder-Windle admitted to selling cocaine in October 2016 in Mineral County.
Snyder-Windle faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Special Assistant U.S. Attorney Elizabeth Grant, also with the West Virginia Attorney General’s Office, is prosecuting the case on behalf of the government. The case was investigated by the Potomac Highlands Drug & Violent Crimes Task Force and the West Virginia State Police Bureau of Criminal Investigations.
U.S. Magistrate Judge Robert W. Trumble presided.
Manhattan Man Arrested for Attempting to Hire Hitman to Murder Three Intended VictimsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced that JOEL ROSQUETTE, a/k/a “Rick,” was arrested today for attempting to hire a hitman to murder three intended victims. ROSQUETTE was presented today in Manhattan federal court before U.S. Magistrate Judge Katharine H. Parker.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, Joel Rosquette attempted to hire a hitman to murder two of his neighbors in Manhattan and the owner of a gas station in Staten Island. Now, thanks to the dedicated work of our partners at the FBI, Rosquette’s plan has been foiled, he is in federal custody, and his intended victims are safe.”
FBI Assistant Director William F. Sweeney Jr. said: “As alleged, Rosquette commissioned a hitman to carry out three murders on his behalf. In the end, he was fooled by the merits of his own plan. Today, we foiled this murder-for-hire scheme, sparing three innocent lives a most unfortunate fate.”
According to the allegations in the Complaint filed today in Manhattan federal court[1]:
ROSQUETTE hired an individual he thought was a hitman to murder two of his neighbors in Manhattan. Because ROSQUETTE was short on cash, he arranged for the hitman to murder another person first – the owner of a gas station in Staten Island – and rob the gas station’s safe. ROSQUETTE’s plan was to have the proceeds of the gas station robbery pay for the murder of his two neighbors. What ROSQUETTE did not know was that the person he thought was a hitman was actually an undercover FBI agent. This morning, ROSQUETTE was arrested and his plan to commission three murders was foiled.
* * *
ROSQUETTE, 50, of Manhattan, New York, is charged with three counts of murder-for-hire, each of which carries a maximum sentence of 10 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
U.S. Attorney Berman praised the outstanding work of the FBI.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorney Adam S. Hobson is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Man Pleads Guilty to Threatening to Murder African-Americans at Howard UniversityRead the Press Release
ALEXANDRIA, Va. – An Alexandria man pleaded guilty today to threatening to murder African-Americans at Howard University, a historically black university in Washington, D.C.
According to court documents, on the night of Nov. 11, 2015, John Edgar Rust, 26, entered a restaurant in Alexandria, connected his computer and laptop to the store’s wireless Internet connection, and posted a threat online to murder African-Americans at Howard University the next day. He posted a statement on another Internet bulletin board several minutes later, under the user name “watchouthoward,” that linked to his first post. He was on probation at the time for committing another crime.
Rust pleaded guilty to transmission in interstate commerce of a communication containing threats to injure the person of another and faces a maximum penalty of five years in prison when sentenced on July 20. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after U.S. District Judge Liam O’Grady accepted the plea. Assistant U.S. Attorneys Nicholas U. Murphy and Maya D. Song are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-290.
Man Pleads Guilty to $1.1 Million Email Phishing ScamRead the Press Release
ALEXANDRIA, Va. – A New York man pleaded guilty today to defrauding a national trade association out of more than $1.1 million in an email phishing scam.
According to court documents, Olajide Abraham Eyitayo, 46, of Hempstead, opened three banking accounts in January 2016 using a company that he formed in New York. From January through April 2016, the accounts were essentially dormant, and as of April 25, 2016, the combined balances of the three accounts were less than five dollars. On that day, a Virginia-based trade association approved a payment of more than $280,000 intended for a travel vendor, but the payment went to one of Eyitayo’s accounts. The association had changed the payment information for the vendor the month before, when a “spoof” email impersonating that vendor requested the payment information be changed to the account number that belonged to Eyitayo.
Over the next several months, Eyitayo received two more payments into his account that were intended for the association’s travel vendor. In total, Eyitayo received more than $1.1 million in fraudulent proceeds. Eyitayo spent and laundered the money in a variety of ways designed to conceal the scheme and the recipients of the crime’s proceeds. For example, Eyitayo purchased cars that he sent to his brother in Nigeria, wired money to and from various bank accounts and third parties, and spent other proceeds on personal expenses.
When the victim and bank caught on, Eyitayo told a variety of false and misleading stories to bank officials and law enforcement, and claimed that he worked in the lingerie business and falsely claimed that the first fraudulent deposit was for that business.
Eyitayo pleaded guilty to wire fraud and faces a maximum penalty of 20 years in prison when sentenced on June 15. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after U.S. District Judge Claude M. Hilton accepted the plea. Assistant U.S. Attorneys Jamar K. Walker and Ryan S. Faulconer are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-269.
Lawrence Man Sentenced to 54 Months in Prison for Drug TraffickingRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced that Wilkin Andre Beltre Arias, 39, of Lawrence, Massachusetts, was sentenced on Monday to serve 54 months in federal prison for participating in a drug trafficking conspiracy that distributed substantial quantities of heroin.
Documents filed with the court established that the defendant participated in a drug trafficking organization between June 2016 and October 2016. He received drugs from this organization and delivered drugs to his customers from Massachusetts and New Hampshire. The defendant worked at a barbershop in Lawrence and used the shop as a delivery point for his customers.
The defendant pleaded guilty on September 21, 2017, to conspiracy to distribute, and to possess with the intent to distribute, heroin. Court records show that he faces likely deportation to the Dominican Republic following his prison sentence.
The investigation and prosecution of this defendant were part of a Drug Enforcement Administration (DEA) effort to address heroin distribution in New Hampshire. In addition to this prosecution, Alberto Guerrero Marte, 38, was sentenced to 15 years; Toribio Guerrero Marte, 34, was sentenced to 10 years; Maria Miguelina Lara, 33, was sentenced to 36 months; Allan Raymond Pimentel, 22, was sentenced to 57 months; Jose De La Altagracia Pimentel Lara, 26, was sentenced to 63 months; Allison DeJesus, age 19, was sentenced to five years of probation; and Jonaly DeJesus, 22, was sentenced to time served and five years of supervised release. In a related case, Mark Gagnon, 54, of Candia, was sentenced to 48 months. Michell DeJesus, 34, Santo Rodolfo Garcia Mendez, 33, and Edward Garcia, 31, are awaiting sentencing.
This matter was investigated by the DEA; Homeland Security Investigations; the Massachusetts State Police; the Haverhill Police Department; the United States Marshals Service; the New Hampshire State Police; the Manchester Police Department; the Lawrence Police Department; the Lowell Police Department, the Methuen Police Department, and the Hillsborough County Drug Task Force.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The case is being prosecuted by Assistant U.S. Attorney Donald Feith.
###
Las Vegas Man Sentenced on Marijuana and Money Laundering ChargesRead the Press Release
SYRACUSE, NEW YORK – Anthony Wills, age 37, of Las Vegas, Nevada, was sentenced yesterday to serve 70 months in prison for his role in marijuana and money laundering conspiracies, announced United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Anthony Wills pled guilty on April 15, 2016 and admitted that between January 2011 and August 2015, he conspired with a Utica resident and others to possess with intent to distribute and distribute 100 kilograms or more of marijuana. As part of the conspiracy, Wills and other co-conspirators frequently obtained marijuana from different sources of supply in California and shipped or caused the marijuana to be shipped to various parts of the United States, including the Utica, New York area. In pleading guilty, Wills admitted that through his participation in the marijuana conspiracy he was personally responsible for more than 100 but less than 400 kilograms of marijuana.
To pay for the marijuana that was shipped to them in Utica, co-conspirators made cash deposits into various bank accounts, some held in the names of third party nominees, which were then withdrawn immediately in Las Vegas by Wills or by others members of the conspiracy acting at his direction. The co-conspirators in Utica, New York, also mailed or caused to be delivered, cash or blank money orders to Wills as payment for the marijuana. Wills then purchased additional marijuana from sources of supply in Northern California.
Wills knew these financial transactions involved proceeds from the marijuana distribution conspiracy and were done to conceal the true nature, source, and control of the funds. As part of his guilty plea Wills admitted that by his participation conspiracy he was responsible for laundering $1,274,310.00, in drug proceeds.
In addition to his term of imprisonment, Wills was also sentenced to four years of supervised release and ordered to pay a money judgement in the amount of $1,274,310.
This case was investigated by the Syracuse Office of the Federal Bureau of Investigation (FBI), the Oneida County District Attorney’s Office, the New York State Police (NYSP), the United States Internal Revenue Service (IRS), the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF), and was prosecuted by Assistant U.S. Attorney Carl Eurenius and Oneida County Assistant District Attorney Grant Garramone.
Justice Department Files Lawsuit Against Ozaukee County, Wisconsin, for Religious DiscriminationRead the Press Release
The Justice Department today announced the filing of a lawsuit against Ozaukee County, Wisconsin, alleging that the County discriminated against Ms. Barnell Williams, a former nursing assistant at the Lasata Care Center, on the basis of religion, in violation of Title VII of the Civil Rights Act of 1964. Lasata Care Center is a County-owned nursing home.
According to the complaint, filed in the U.S. District Court for the Eastern District of Wisconsin, Lasata discriminated against Ms. Williams by failing to accommodate her religious beliefs when she sought an exemption to Lasata’s requirement of a flu vaccine. The complaint alleges that Lasata’s policy at the time required a flu vaccine but provided a religious exemption for employees who could produce a written statement from their clergy leader supporting the request. Ms. Williams requested a religious exemption from the flu shot requirement because of her sincerely held religious belief that Bible-based scriptures prohibited flu shots. Ms. Williams could not provide the requested clergy letter, however, because she did not belong to a church or an organized religion. When Lasata denied Ms. Williams’ request for a religious exemption, she submitted to the flu shot, despite her religious objections, because she was told that her refusal would result in her termination.
The suit alleges that Lasata’s policy permitting only employees who could obtain a letter from a clergy member to receive a religious accommodation violated Title VII. The policy on its face denied religious accommodations to employees, like Ms. Williams, who do not belong to churches with clergy leaders. The United States’ complaint also alleges that Lasata unlawfully denied Williams a reasonable accommodation of her religious objection to the flu shot by denying her a request for an exemption without the requisite showing that doing so would cause an undue hardship. Through this lawsuit, the United States is seeking compensatory damages for Ms. Williams, in addition to injunctive and other appropriate relief.
“When employees’ religious principles conflict with work rules, they should not have to choose between practicing their religion and keeping their jobs if a reasonable accommodation can be made without undue hardship to the employer,” said Acting Assistant Attorney General John Gore for the Civil Rights Division. “Employers should take care not to craft policies that disfavor individuals because of their sincerely held religious beliefs or practices in violation of Title VII.”
The Chicago District Office of the Equal Employment Opportunity Commission (EEOC) investigated and attempted to resolve Williams’ charge of discrimination before referring it to the Department of Justice for litigation. More information about the EEOC is available on its website at www.eeoc.gov.
Title VII is a federal statute that prohibits employment discrimination on the basis of race, color, national origin, sex and religion. The enforcement of Title VII is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt/.
Jury Convicts Russian Woman of Marriage FraudRead the Press Release
ALBANY, NEW YORK - A jury today voted to convict Yana Potapova, age 29, and a Russian citizen residing in Schenectady, New York, of conspiracy to commit marriage fraud following a 5-day trial.
The announcement was made by the United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
Potapova faces up to 5 years in prison when she is sentenced on July 10, 2018 by Senior United States District Judge Thomas J. McAvoy. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The evidence at trial demonstrated that in April 2014, Potapova and U.S. citizen Brett Thompson agreed to marry in order to obtain lawful immigration status for Potapova. Potapova was illegally present in the United States, having overstayed on a visitor visa. In return for agreeing to marry – and stay married to – Potapova, Thompson received approximately $3,500 over the course of the marriage. In May 2015, in connection with her application to obtain permanent residency, Potapova falsely represented to United States Citizenship and Immigrations Services that she and Thompson lived together at an address in Albany.
Thompson previously pled guilty to conspiracy to commit marriage fraud, and is awaiting sentencing.
This case was investigated by HSI and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Indictment Charges Pennsylvania Man with Falsely Certifying Bridge Inspection VehiclesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that that a federal grand jury in Hartford returned an indictment today charging KENNETH MIX, 59, of Ebensburg, Pennsylvania, with one count of making a false statement.
According to the indictment, Under Bridge Inspection (“UBI”) vehicles are vehicles that contain a moveable boom with a platform. The vehicles are used to conduct inspections of bridges by positioning the vehicle on top of the bridge and, using the boom, lifting a platform carrying inspectors alongside or beneath a bridge deck. “Company A” rents or leases bridge access equipment, including UBI vehicles, to engineering companies and government agencies for use on bridge inspection and bridge maintenance projects. Company A’s UBI vehicles travel on interstate highways to job locations throughout the U.S. Company A has several locations, including one in Connecticut.
MIX was the Equipment Supervisor for Company A. The indictment alleges that, between approximately January 2012 and January 2015, MIX participated in the creation of false or fictitious Certificates of Unit Test/Examination of Material Handling Device for the UBI vehicles in Company A’s fleet. The Certificates represented that a UBI vehicle was examined and that the examination met federal requirements when MIX knew that, in fact, an examination was not conducted as set forth on the Certificates.
If convicted of the offense, MIX faces a maximum term of imprisonment of five years and a fine of up to $250,000.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the U.S. Department of Transportation – Office of Inspector General and the U.S. Department of Labor – Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
Illegal Alien Enters Guilty Plea in Federal CourtRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Jesus Patino-Lopez, age 31, of Murrells Inlet, SC, pled guilty in federal court in Florence, to Illegal Re-Entry into the United States, a violation of Title 8, United States Code, Section 1326(a). United States Magistrate Judge Thomas E. Rogers, III, of Florence, accepted the plea, and United States District Judge Donald C. Coggins, Jr., of Spartanburg, will impose sentence after review of the presentence report which will be prepared by the U.S. Probation Office.
The evidence presented at the guilty plea hearing established that on June 23, 2017, ICE–Enforcement and Removal Operations Officers in Charleston, SC, encountered Patino-Lopez at the J. Reuben Long Detention Center where he was detained for local charges.
A records check revealed that Patino-Lopez is a native and citizen of Mexico and had two prior removals in 2009. On both occasions, he was removed from the United States back to Mexico. A records check also revealed that Patino-Lopez had not received permission to enter, re-enter, or remain in the United States.
The maximum penalty the Defendant can receive for this charge is 2 years imprisonment.
This case was investigated by officers of the ICE–Enforcement and Removal Operations and the Horry County Sheriff’s Office. Assistant United States Attorney Lauren Hummel of the Florence office handled the case.
#####
Hotevilla Man Sentenced to 21 Months in Prison for Assaulting a Federal Officer While on Supervised ReleaseRead the Press Release
PHOENIX – Yesterday, Edgar Louis Rogers, 43, of Hotevilla, Ariz., was sentenced by U.S. District Judge G. Murray Snow to a total of 21 months in prison for assaulting a federal officer while on supervised release. Rogers had previously pleaded guilty to assault on a federal officer and admitted to violating the terms of his supervised release in a separate case. Judge Snow sentenced Rogers to 18 months in prison for the assault and an additional three months in prison for violating his supervised release.
The incident occurred when the victim, a law enforcement officer with the Bureau of Indian Affairs, approached Rogers while he was present on the Hopi Reservation. Rogers resisted the contact and a scuffle ensued, which resulted in an injury to the officer’s finger. At the time of the incident, Rogers was on supervised release for a violent domestic assault he committed on the Hopi Reservation in 2013.
The investigation in this case was conducted by the Bureau of Indian Affairs. The prosecution was handled by Christine Ducat Keller, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-17-08161-PCT-GMS and CR-14-08007-PCT-GMS
RELEASE NUMBER: 2018-021_Rogers
# # #
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.
Gun Found in Home Sends Iowa Falls Man to Federal PrisonRead the Press Release
A man whose criminal history includes attempted first degree murder, attempted armed robbery, and being an accessory after the fact to armed robbery, was sentenced today to more than 3 years in federal prison.
Edward Whitney, age 39, from Iowa Falls, Iowa, received the prison term after an October 17, 2017, guilty plea to possession of a firearm by a felon.
At the guilty plea, Whitney admitted he possessed a Remington Arms .22 caliber rifle in June 2017, at his home in Iowa Falls. Information disclosed at the sentencing hearing showed that police went to Whitney’s residence after receiving a report of a domestic assault. During the investigation, officers located the .22 caliber rifle hidden under the couch cushions.
Whitney was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Whitney was sentenced to 41 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Whitney is being held in the United States Marshal’s custody until he can be transported to a federal prison.
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. The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by the Iowa Falls Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-61.
Follow us on Twitter @USAO_NDIA.
Grand Jury Indicts 8 in Online Romance Money Laundering ScamRead the Press Release
COLUMBUS, Ohio – Eight Central Ohio defendants charged on Valentine’s Day have now been indicted by a grand jury for conspiring to launder and for laundering the proceeds of online romance scams.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Ryan L. Korner, Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation, Cincinnati Field Office, Tommy D. Coke, Inspector in Charge, U.S. Postal Inspection Service, Pittsburgh Division, and Steve Francis, Special Agent in Charge, Homeland Security Investigations (HSI) announced the indictment, which was unsealed yesterday.
Those charged include: Kwabena M. Bonsu, Kwasi A. Oppong, Kwame Ansah, John Y. Amoah, Samuel Antwi, King Faisal Hamidu, Nkosiyoxoxo Msuthu and Cynthia Appiagyei.
According to the indictment, individuals committing fraud created several profiles on online dating sites. They then contacted men and women throughout the United States with whom they cultivated a sense of affection, and often, romance.
After establishing relationships, perpetrators of the romance scams allegedly requested money, typically for investment or need-based reasons, and provided account information and directions for where money should be sent. In part, these accounts were controlled by the defendants. Typical wire amounts ranged from $10,000 to more than $100,000 per wire.
The funds were not used for the purposes claimed by the perpetrators of the romance scams. Instead, the defendants conducted transactions designed to conceal, such as withdrawing cash, transferring funds to other accounts and purchasing assets and sending the assets overseas.
“According to the indictment, the defendants laundered the funds from a scheme to seduce victims throughout the United States using dating websites like Match.com and then defrauding them of millions of dollars,” U.S. Attorney Glassman said.
It is alleged that the individuals commonly used some the fraud proceeds to purchase salvaged vehicles sold online. The cars were commonly exported to Ghana.
Fictitious reasons for investment requests included gold, diamond, oil and gas pipeline opportunities in Africa. Websites used involve Match.com, ChristianMingle.com, BabyBoomerPeopleMeet.com, PlentyofFish.com, OurTime.com, EHarmony.com and Facebook. At least 26 victims have been identified thus far.
In one example, a victim believed she was in a serious relationship with a person named “Frank Wilberg” whom she met on Match.com. She believed they planned to marry and paid $3,000 to reserve a wedding site, and had purchased a wedding gown and shoes.
“Wilberg” told the victim he owned a consulting firm that tested gold for purity and needed money to buy gold and gold contracts. He said he expected to profit $6 million and would repay her with the profits. The victim wired money to accounts controlled by Amoah, Bonsu, Msuthu, and Appiagyei, and did not receive any money back.
In furtherance of the scheme, the co-conspirators allegedly created several companies, some of which were shell companies, to help attempt to hide the true nature of their proceeds.
“The defendants attempted to launder millions of dollars in proceeds earned from an online romance scam through a series of financial transactions intended to conceal their illegal activities,” said Ryan L. Korner, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
U.S. Attorney Glassman commended the investigation of this case by the IRS Criminal Investigation, U.S. Postal Inspection Service and HSI, as well as Assistant United States Attorney Peter K. Glenn-Applegate, who is prosecuting the case.
An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.
# # #
Former KC Man Pleads Guilty to Marijuana ConspiracyRead the Press Release
KANSAS CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced that a former Kansas City, Mo., area man pleaded guilty in federal court today to his role in a conspiracy to distribute marijuana.
Coty D. Hollaman, 23, formerly of Kansas City, waived his right to a grand jury and pleaded guilty in federal court today to a federal information that charges him with one count of participating in a conspiracy to distribute marijuana.
By pleading guilty today, Hollaman admitted that the conspiracy, which lasted from May 1 to Sept. 12, 2016, was responsible for transporting at least 120 pounds of marijuana from Colorado for distribution in the Kansas City, Mo., area.
According to today’s plea agreement, conspirators began purchasing marijuana from a source in Colorado. A co-conspirator invested $10,000 into the operation so Hollaman and others could purchase greater quantities of marijuana per trip. They agreed that in return, the investor would receive $1,000 per week as interest and free marijuana until the entire principal investment was repaid in full.
Conspirators, who had started by transporting two or three pounds of marijuana on each trip, began transporting larger amounts. On each of his last two trips, Hollaman transported 20 pounds of marijuana.
Under federal statutes, Hollaman is subject to a sentence of up to five years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Brad K. Kavanaugh. It was investigated by the Independence, Mo., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Benton County, Mo., Sheriff’s Department, the Missouri State Highway Patrol and the FBI.
Former Bureau of Prisons Correctional Officer Pleads Guilty to Participating in Prison-based Fraud SchemeRead the Press Release
Former Bureau of Prisons (BOP) correctional officer Michael Mazar, 39, of Hollywood, pled guilty in connection with a mail and wire fraud scheme orchestrated from a Miami federal prison.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Robert A. Bourbon, Special Agent in Charge, United States Department of Justice, Office of the Inspector General (DOJ-OIG), Miami Field Office, made the announcement.
According to information disclosed in court, Mazar was employed as a BOP correctional officer at the Federal Detention Center in Miami, Florida, from July 2009 through April 2017. In February 2017, Mazar provided co-conspirator James Sabatino, an inmate, with several cellular telephones and other items. Using the contraband cellular telephones provided by Mazar, Sabatino contacted several retail and jewelry store employees and brand representatives via telephone calls, e-mails, and text messages. Sabatino pretended to be an employee of various film and music companies and convinced the victims to send retail items such as handbags, wristwatches, apparel, and jewelry to various locations in South Florida and elsewhere.
According to the Indictment, the victim companies shipped the retail items and jewelry to Sabatino’s co-conspirators, who then sold the fraudulently obtained items at pawnshops and jewelry stores in South Florida and elsewhere. Mazar received the ill-gotten proceeds, including retail items, jewelry, and U.S. currency, from these co-conspirators and stored them at his residence.
According to information disclosed in court, Sabatino, while in prison, directed Mazar and other co-conspirators to travel to Atlanta, Georgia, from South Florida, in order to transport and sell several pieces of fraudulently obtained jewelry valued at over $3 million. Mazar transported a portion of the proceeds from the sale of the stolen jewelry from Atlanta, Georgia, to South Florida.
Sabatino previously pled guilty to a related racketeering charge in Southern District of Florida case number 16-20519-CR-Lenard. On November 13, 2017, Sabatino was sentenced to a term of 20 years imprisonment.
Mazar pled guilty to one count of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349. At sentencing, Mazar faces a maximum possible sentence of 20 years imprisonment. Sentencing is scheduled before U.S. District Judge Marcia G. Cooke, on May 30, 2018.
Mr. Greenberg commended the investigative efforts of the FBI and DOJ-OIG. This case is being prosecuted by Assistant United States Attorneys Christopher Browne and Nalina Sombuntham.
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.
Former Brockport Kindergarten Teacher Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Roland Yockel, II, 31, of Hilton, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to receipt of child pornography. The charge carries a mandatory minimum sentence of five years and a maximum of 20 in prison, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in July 2017, the defendant was identified by Homeland Security Investigation (HSI) Special Agents in Phoenix involved in an ongoing child pornography probe with investigators from New Zealand. That investigation identified individuals who utilized the Internet based application “Chatstep.com” to receive and distribute child pornography.
On May 22, 2017, and July 24, 2017, a New Zealand investigator, acting in an undercover capacity, observed multiple individuals accessing Chatstep chat rooms, including an individual with the user name “Ryancba,” who posted links to image files depicting suspected child pornography. The IP address traced back to the defendant, Roland Yockel, a former kindergarten teacher in the Brockport Central School District. The sexually explicit images, posted by the defendant, included pre-pubescent children.
On November 21, 2017, a search warrant was executed at the defendant’s North Avenue residence. Agents recovered DVD’s containing numerous videos and images of child pornography. A forensic examination of the digital media recovered approximately 5,500 images and 247 videos containing child pornography. Yockel resided in the basement of the North Avenue residence with his parents and siblings.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major Richard Allen.
Sentencing is scheduled for June 14, 2018, at 3:00 p.m. before Judge Wolford.
Federal Jury Convicts Two Postal Service Employees for Scheming to Deliver Marijuana Through the MailRead the Press Release
CHICAGO — A federal jury in Chicago has convicted two U.S. Postal Service employees for scheming to deliver marijuana through the mail.
MARVIN JONES and ANGELA WANSLEY worked at the Tinley Park Post Office. Over a five-month period in 2016, the pair intercepted parcels of marijuana and other controlled substances that had been mailed to the post office by a co-defendant, JAYSON SMITH. Jones and Wansley then furnished the intercepted parcels to Smith or a fourth defendant, COURTNEY POINDEXTER, in exchange for cash.
After a four-day trial in federal court in Chicago, the jury on Thursday convicted Jones, 51, of Hazel Crest, and Wansley, 44, of Harvey, of accepting bribes to perform official postal duties, conspiring to commit obstruction of correspondence, and obstruction of correspondence. The bribery charge is punishable by up to 15 years in prison, while the conspiracy and obstruction charges are punishable by up to five years. U.S. District Judge Robert W. Gettleman will set sentencing hearings at a later date.
The conviction was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Scott Caspall, Special Agent-in-Charge of the Chicago Great Lakes Area Field Office of the U.S. Postal Service Office of Inspector General; and Craig Goldberg, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago. The government is represented by Special Assistant U.S. Attorney William Novak and Assistant U.S. Attorney Peter Flanagan.
According to evidence at trial, Jones was a letter carrier and supervisor while Wansley worked as a sales associate. Jones provided Smith with information about unoccupied P.O. boxes and customers who had placed mail-hold requests at the Tinley Park Post Office. Smith then mailed or caused to be mailed the parcels of controlled substances, and he provided Jones with the tracking information so that Jones or Wansley could intercept them.
Smith, 34, of Country Club Hills, and Poindexter, 38, of Country Club Hills, pleaded guilty prior to trial. They are awaiting sentencing before Judge Gettleman.
El Salvador National admits to being in the country illegallyRead the Press Release
MARTINSBURG, WEST VIRGINIA – An El Salvador man has admitted to being in the United States illegally, United States Attorney Bill Powell announced.
Norman Enrique Rodriguez, age 37, pled guilty to one count of “Reentry of a Removed Alien.” Rodriguez, having been removed as an illegal alien from the United States in 2011, admitted to being in Jefferson County, West Virginia on January 12, 2018.
Rodriguez faces up to two years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara K. Omps-Botteicher is prosecuting the case on behalf of the government. The case was investigated by the Department of Homeland Security, Immigration and Customs Enforcement.
U.S. Magistrate Robert W. Trumble presided.East Bay Resident Pleads Guilty to Wire Fraud in Scheme to Defraud Concert PromotersRead the Press Release
OAKLAND – Quincy Krashna pleaded guilty this afternoon to committing wire fraud as part of a scheme to defraud European concert promoters, announced Acting United States Attorney Alex G. Tse and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The plea was accepted by the Honorable Jeffrey S. White, U.S. District Judge.
According to the plea agreement, Krashna, 49, from Berkeley, Calif., admitted that he misrepresented to concert promoters his connections to the Red Hot Chili Peppers. The victims were interested in promoting Red Hot Chili Peppers concerts in Eastern Europe. Krashna further admitted he told the concert promoters that he would hold in an escrow account a $450,000 down payment to secure the band’s services and that the money would be returned to the promoters if Krashna was unable to secure the band’s services. Krashna admitted in the plea agreement that he created a fraudulent “Escrow Agreement” that had the appearance of being an escrow agreement used by Chase Bank, when in fact the alleged escrow account was a personal bank account that he controlled. The concert promoters wired $450,000 into the fake escrow account after receiving Krashna’s assurances.
Krashna admitted in the plea agreement that he continued to inform the concert promoters that their money was in an escrow account controlled by Chase Bank, when in fact he had transferred the money out of his personal account into other accounts that he controlled. Krashna admitted that he continued to misrepresent the whereabouts of the victims’ money until March 2012.
On January 12, 2017, a federal grand jury indicted Krashna, charging him with seven counts of wire fraud, in violation of 18 U.S.C. § 1343. Pursuant to today’s plea agreement, Krashna pleaded guilty to Count One of the indictment. Krashna also agreed to make restitution to the victims for their losses.
Judge White has scheduled Krashna’s sentencing for July 10, 2018. The maximum statutory penalties for wire fraud are 20 years in prison, a $250,000 fine, and 3 years of supervised release. Additional fines, forfeitures, restitution, and special assessments also may be imposed. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Tom Green and Michelle Kane are prosecuting the case with the assistance of Noble Hughes and Katie Turner. The prosecution is the result of an investigation by the FBI.
Dual Israeli/Russian Citizen Sentenced to 18-Month Prison Term on Money Laundering Charge in International SchemeRead the Press Release
WASHINGTON - Stanislav Nazarov, 46, a dual citizen of Israel and Russia, has been sentenced to 18 months in prison after earlier pleading guilty to a federal charge of conspiracy to commit money laundering stemming from his role in an international fraud scheme.
The announcement was made by U.S. Attorney Jessie K. Liu, Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and John L. Phillips, Assistant Inspector General for Investigations for the U.S. Department of Treasury.
Nazarov was among 19 people charged last year in federal indictments outlining various international fraud and money laundering conspiracies. He was indicted in January 2017 and arrested in March 2017 in Israel. Nazarov later waived extradition to the United States and pled guilty on Dec. 12, 2017, in the U.S District Court for the District of Columbia. He has remained in custody since his initial arrest and was sentenced on March 5, 2018.
In addition to the prison term, the Honorable Colleen Kollar-Kotelly ordered Nazarov to pay a forfeiture money judgment of $50,000. Following completion of his prison term, Nazarov will be subject to deportation proceedings.
“Stanislav Nazarov engaged in a multi-layered form of money laundering to hide the proceeds of international fraud schemes,” said U.S. Attorney Liu. “His arrest and extradition from Israel was a result of international cooperation amongst law enforcement targeting global crime networks.”
“This sentencing illustrates a significant disruption to transnational organized crime,” said Assistant Director in Charge Vale. “The FBI works diligently with our partners in the United States and abroad to ensure criminals like Nazarov are brought to justice.”
“Treasury OIG continues to prioritize investigating transnational criminal organizations that exploit financial institutions, money service and other businesses impacting Treasury’s role in the oversight of the nation’s financial infrastructure, said Assistant Inspector General for Investigations Phillips. “Treasury OIG appreciates the support of our law enforcement partners which led to this successful prosecution.”
According to a statement of offense submitted at the plea hearing, in or around 2013, Nazarov agreed to become partners with an unnamed money launderer who worked with individuals and groups engaged in fraudulent schemes in Israel and elsewhere. In return for his assistance, Nazarov was to receive a share of proceeds that his partner made from various fraudulent schemes. In one such scheme, a cyber-phishing scam was carried out in 2015 that tricked a director of a company into wiring $1.4 million to a bank account in the United States.
In December 2016, Nazarov obtained what he believed to be a portion of that $1.4 million by receiving $50,000 at his location in Israel. According to the statement of offense, Nazarov received that money by orchestrating a sophisticated money laundering scheme whereby the $50,000 was first transferred to Russia, and then to Nazarov in Israel.
This case is being investigated by the FBI’s Washington Field Office and the U.S. Department of Treasury, Office of the Inspector General. Assistance has been provided by the U.S. Marshals Service, the Department of Justice’s Office of International Affairs, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Washington, D.C., and the Israeli National Police. The FBI Legal Attaché in Tel Aviv, Israel, also provided assistance.
The case is being prosecuted by Assistant U.S. Attorney Diane Lucas of the Asset Forfeiture and Money Laundering Section and Assistant U.S. Attorneys Michael J. Marando and David Kent of the Fraud and Public Corruption Section of the U.S. Attorney’s Office for the District of Columbia, with assistance from Paralegal Specialists Brittany Phillips, Christopher Toms, C. Rosalind Pressley, and Elizabeth Swienc.
Donora Man Sentenced to 5 Years in Federal Prison for Conspiring to Distribute CocaineRead the Press Release
PITTSBURGH - A resident of Donora, Pennsylvania, has been sentenced in federal court to 60 months imprisonment, followed by four years of supervised release, on a charge of conspiracy to possess with intent to distribute and distribution of over 500 grams of cocaine, United States Attorney Scott W. Brady announced today.
United States District Judge Cathy Bissoon imposed the sentence on George Daube, age 61.
According to information presented to the court, between August and November of 2015, George Daube was intercepted over a Title III court authorized wiretap purchasing approximately five ounces of cocaine at a time from his supplier. Based on the calls and texts intercepted between Daube and his supplier, Daube purchased over 500 grams of cocaine during the timeframe of the conspiracy. Daube’s supplier, William Chaffin, Jr., was sentenced on September 17, 2017, to 15 years in prison followed by five years of supervised release.
Assistant United States Attorney Shanicka L. Kennedy prosecuted this case on behalf of the government. The Federal Bureau of Investigation conducted the investigation leading to the prosecution of Daube.
Dean Alan Treadway Pleads Guilty to Child Pornography ChargesRead the Press Release
KNOXVILLE, Tenn. – On February 28, 2018, Dean Alan Treadway, 69, of Knoxville, Tennessee, pleaded guilty before the Honorable Leon Jordan, Senior U.S. District Judge, to possession of child pornography.
Sentencing is set for 1:30 p.m., on July 23, 2018, in U.S District Court in Knoxville. Treadway faces a minimum of 10 years and up to 20 years in prison, supervision by U.S. Probation for five years up to life, forfeiture of the property used to commit the offense and may be ordered to pay restitution to the victims.
According to documents on file with U.S. District Court, as a result of an investigation by the Knoxville Police Department Internet Crimes Against Children Task Force (ICAC), a federal search warrant was executed at Treadway’s residence. This led to the discovery of multiple computers and electronic devices, which were later determined to contain images and videos of child pornography.
This investigation was conducted by the Knoxville Police Department ICAC. Assistant U.S. Attorney Bart Slabbekorn represented the United States in court proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
###
Colorado Man Sentenced for $3 Million Marijuana ConspiracyRead the Press Release
KANSAS CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced that a Colorado man was sentenced in federal court today for his role in a conspiracy to ship $3 million worth of marijuana through the mail for distribution in the Kansas City, Mo., area.
James Mack, 38, of Westminster, Colorado, was sentenced by U.S. District Judge Howard F. Sachs to five years in federal prison without parole. The court also ordered Mack to forfeit to the government $1.5 million, which represents the proceeds of his illegal drug trafficking.
On Aug. 18, 2017, Mack pleaded guilty to participating in a conspiracy to distribute marijuana and to participating in a money-laundering conspiracy.
Mack admitted that he sent multiple pounds of high grade marijuana in five-gallon plastic buckets through the mail to co-defendant Justin Polson, 29, of Overland Park, Kan. Mack was sending anywhere from two to six buckets a week from September 2012 through May 2014. The buckets usually contained three pounds of marijuana per bucket. Between June 2014 and May 2015, Mack would send 40 pounds of marijuana per month to Polson.
Over the course of this conspiracy, Polson deposited approximately $3 million into Mack’s bank account as payment, in structured amounts below $10,000 to avoid reporting requirements.
Polson pleaded guilty to the same charges on Sept. 19, 2017, and awaits sentencing. Polson has already forfeited to the government a 2007 Chevrolet Corvette and a 2011 Chevrolet Camaro LT in a related civil case.
This case is being prosecuted by Assistant U.S. Attorney Joseph M. Marquez. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), IRS-Criminal Investigation and the Kansas City, Mo., Police Department.
Casper, Wyoming, Man and Woman Sentenced for Drug Trafficking, Gun Crimes, and Car JackingRead the Press Release
Christopher Eads, 35, and Santana Keener, 26, of Casper, Wyoming, were sentenced on February 22, 2018, and March 1, 2018, respectively, to serve sentences related to a June 3, 2017, drug trafficking investigation initiated by the Wyoming Division of Criminal Investigation (DCI) and the Wyoming Highway Patrol, announced United States Attorney Mark A. Klaassen. The court ordered Eads to serve a sentence of 40 years in prison for drug trafficking, using and discharging firearms during drug trafficking, carjacking, assaulting a federal officer, and discharging a firearm during the assault of the officer. The court sentenced Keener to a term of 20 years for drug trafficking, aiding and abetting the discharge of a firearm during a drug trafficking offense, and carjacking. The court further ordered Keener to pay 7, 278.35 in restitution. It ordered Eads to pay $92,463.09 in restitution.
Eads and Keener had previously pled guilty to their offenses under agreements with the United States. As part of their pleas they admitted that on June 3, 2017, they were returning to Casper from Denver, Colorado with methamphetamine and heroin to distribute in the Casper area. When a DCI agent, assisted by highway patrol troopers, attempted to stop Eads and Keener, Eads opened fire on law enforcement. Eads and Keener then led law enforcement on a high speed chase south on I-25, into Glenrock, and eventually back to Casper where law enforcement apprehended Eads. Officers had earlier found and arrested Keener in Glenrock after she and Eads wrecked a car that they carjacked from a Glenrock resident.
United States District Court Judge Scott Skavdahl imposed the sentences. The case was investigated by DCI, the Wyoming Highway Patrol, the Natrona County Sheriff’s Office, the Converse County Sheriff’s Office, the Casper Police Department, the Douglas Police Department,the Glenrock Police Department, and, in part, by ATF and DEA. The case was prosecuted by United States Attorney Mark A. Klaassen and Assistant United States Attorney Stuart S. Healy III.
Border Patrol Agent Charged with Making False Statements about his Relationships with Drug TraffickersRead the Press Release
Assistant U. S. Attorney Michael J. Heyman
NEWS RELEASE SUMMARY – March 5, 2018
SAN DIEGO – U.S. Border Patrol Agent Ramon Delgado was indicted by a federal grand jury for making false statements during a pre-employment interview and in his application about his associations with known members of a drug trafficking organization.
According to the indictment unsealed today, federal officials began investigating allegations that Delgado associated with and aided a drug trafficking organization that smuggled methamphetamine, heroin and cocaine into the United States. That drug trafficking organization included United States citizens and Mexican nationals, including two Mexican nationals with whom Delgado maintained a close and extensive relationship. The indictment alleges that Delgado lied about his relationships to these individuals in both his background investigation for federal employment and during an interview with federal agents.
Delgado made his first appearance in federal court today before U.S. Magistrate Judge Nita L. Stormes, who ordered Delgado to appear for a detention hearing on March 8, 2018.
“Any connections to drug traffickers is an obvious red flag, and concealing that connection is even more troubling,” said U.S. Attorney Adam Braverman. “U.S. Border Patrol Agents are trusted guardians of public safety and national security. We will go after any who fall short of this high standard, rare though it may be.”
“I was very disappointed to learn about these allegations when they surfaced,” said Chief Patrol Agent Rodney S. Scott. “As with any allegation of misconduct, U.S. Border Patrol has supported the investigators throughout the investigative process and will continue to do so as this case now moves into the prosecution phase. Integrity is a core value of all U.S. Border Patrol agents. You simply cannot be an agent without it. It is imperative to point out that while this is extremely disappointing, it is an anomaly. The vast majority of U.S. Border Patrol agents carry out their duties every single day with integrity, vigilance, and honor.”
FBI Special Agent in Charge John A. Brown commented, “Keeping our border safe is a serious and complex task. As part of this mission, the San Diego FBI Border Corruption Task Force, along with the Department of Homeland Security – Office of Inspector General, are determined to uphold the public’s confidence in our border security by ensuring the highest standard of those employees charged with protecting the American people at our nation's borders.”
According to the indictment, on October 23, 2015, Delgado submitted his responses to the standard background investigation questions required for federal agents. One of those questions asked whether, in the prior seven years, Delgado had a close and continuing contact with any foreign nationals with whom he was bound by affection, influence, common interests and obligation. Delgado stated that he had no such relationships when, in truth, he had a close and continuing relationship with two Mexican nationals who were members of a drug trafficking organization.
The indictment also alleges that on July 27, 2016, federal agents asked Delgado during an interview whether he knew the members of the drug trafficking organization and Delgado falsely claimed that he did not.
DEFENDANT Case Number 18CR1005-LAB
Ramon Delgado Age: 44 San Diego, CA
SUMMARY OF CHARGES
False Statements – 18 U.S.C. § 1001
Penalty: 5 years’ maximum imprisonment per count
AGENCIES
Federal Bureau of Investigation
Department of Homeland Security, Office of Inspector General
*The charges and allegations contained in an indictment are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Arizona Men Sentenced for Organizing and Leading Telemarketing Fraud that Victimized St. Louis ResidentsRead the Press Release
St. Louis, MO – Michael McNeill was sentenced to 120 months in prison and Joshua Flynn was sentenced to 84 months in prison in connection with a multi-count indictment arising from a fraudulent telemarketing enterprise that often targeted elderly victims. Both defendants were also ordered to pay restitution to the victims and to forfeit assets. Ninety-one Missouri residents are among the approximately 4,000 victims, including residents of Chesterfield, University City, St. Louis, Hannibal, Arnold, Potosi, Ballwin, Valley Park, Florissant, O’Fallon, St. Clair, and Farmington.
On November 20, 2017, Michael McNeill a/k/a Mr. White, a/k/a Todd Lockwood, 48, of Phoenix, Arizona, pled guilty to one count of wire fraud in connection with telemarketing and one count of conspiracy to commit money laundering before United States District Judge John Ross. Also on November 20, 2017, Joshua Flynn a/k/a Mr. Pink, a/k/a Jeff Thomas, 36, of Chandler, Arizona, pled guilty to one count of wire fraud in connection with telemarketing and one count of conspiracy to commit money laundering.
As organized and led by Defendant McNeill and Defendant Flynn, and others, the telemarketing enterprise sold false and fictitious business opportunities as part of a scheme that reached across the United States and Canada and generated in excess of $20,000,000 in fraudulent sales. Missouri victims of the scheme suffered combined total losses of approximately $1,000,000. The Phoenix, Arizona based telemarketing enterprise operated under multiple business names and utilized multiple business entities over the course of the scheme, including Smart Business Pros LLC of Warson Woods, Missouri. The sophisticated money laundering activity of the telemarketing enterprise and the conspiracy included transfers of criminal proceeds to the purchase gold and silver coins ultimately distributed to McNeill and Flynn as the owners of the enterprise.
This case was investigated by the United States Postal Inspection Service, IRS Criminal Investigation, the Federal Bureau of Investigation, and the Office of the Arizona Attorney General. Assistant United States Attorneys Charles Birmingham and Gwendolyn Carroll are handling the case for the U.S. Attorney's Office.
Albany Man Pleads Guilty to Producing Child PornographyRead the Press Release
ALBANY, NEW YORK – Brennan McNeil, age 26, of Albany, New York, pled guilty yesterday to sexually exploiting a child for the purpose of producing child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
As part of his guilty plea, McNeil admitted that, in early 2017, he produced a video of a 10-year-old child being subjected to sexually explicit conduct. McNeil produced the video in North Carolina, where he lived at the time, and saved it on a thumb drive that he brought with him when he moved, in May 2017, from North Carolina to New York
McNeil, who has been in custody since his arrest on June 21, 2017, is scheduled to be sentenced on June 5, 2018, by Senior United States District Judge Thomas J. McAvoy. He faces at least 15 years and up to 30 years in prison, at least 5 years and up to lifetime post-imprisonment supervised release, and a maximum $250,000 fine. 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. McNeil will also have to register as a sex offender when he is released from prison.
This case was investigated by the FBI, the Colonie Police Department, and the New York State Police, and is being prosecuted by Assistant U.S. Attorneys Joseph A. Giovannetti and Katherine Kopita.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
23 Ghostface Gangsters Federally Indicted on Racketeering Conspiracy and Other ChargesRead the Press Release
Federal and state agents arrested 23 leaders, members and associates of the Ghostface Gangsters prison gang pursuant to a 21-count indictment returned on Feb. 8 and unsealed today. The crimes alleged in the indictment include conspiracy to commit racketeering, conspiracy to commit drug trafficking, carjacking, four counts of attempted murder, kidnapping, maiming, assault, possession with intent to distribute methamphetamine, and firearms offenses.
Attorney General Jeff Sessions; U.S. Attorney Byung J. “BJay” Pak for the Northern District of Georgia; Assistant Special Agent in Charge John Schmidt of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Chief Michael J. Register of the Cobb County Police Department and Commissioner Gregory C. Dozier of the Georgia Department of Corrections made the announcement.
“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 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 eliminated a dangerous and pervasive threat to the local community,” said Assistant Special Agent in Charge 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 Register.
“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 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 the indictment, the Ghostface Gangsters is a whites-only prison gang formed in the year 2000 in the Cobb County, Georgia jail system. The gang has since expanded outside the prison system, and its membership is now estimated to include thousands of members throughout Georgia. The gang is highly organized into different positions of leadership, including, for example, the founding “Pillars” of the gang, those having a “seat at the table,” “First Lady” and numerous state-wide positions of governance. Members follow written gang literature, use violence to enforce gang rules, and facilitated the gang’s criminal activities from within prisons using contraband cell phones.
Nine Ghostface Gangsters are charged with conspiracy to commit racketeering in furtherance of the gang’s criminal enterprise, including two of the gang’s founding “Pillars.” According to the indictment, these gang members murdered two correctional officers and a Polk County detective and also committed multiple attempted murders, kidnapping, firearm crimes, drug trafficking, assaults, witness tampering, wire fraud and other crimes in furtherance of the gang’s activities. The Racketeer Influenced and Corrupt Organization Act conspiracy charge names the following defendants:
- Jeffrey Alan Bourassa, aka J.B., Babyface and Kid, 35, of Cobb County, Georgia. Bourassa is alleged to be a founding Pillar of the Ghostface Gangsters. He is also charged with aiding and abetting another person by kidnapping and maiming a fellow Ghostface Gangsters member;
- David Gene Powell, aka Davo, 40, of Cobb County, Georgia. Powell is alleged to be a founding Pillar of the Ghostface Gangsters. He is also charged with aiding and abetting another person by kidnapping and assaulting a fellow Ghostface Gangsters member;
- Victor Manuel Dejesus, aka 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, aka Dirty, 42, of Hall County, Georgia. Sosebee is also charged with attempted murder and other firearms charges;
- Jonathan Stubbs, 29, of Hamilton County, Tennessee. Stubbs is also charged with aiding and abetting another by kidnapping and maiming a fellow Ghostface Gangsters member;
- Cody Ryan Todd, 28, of Carroll County, Georgia. Todd is also charged with aiding and abetting another person by kidnapping and assaulting a fellow Ghostface Gangsters member;
- Kevin Scott Sosebee, aka Sosa, 27, of Cobb County, Georgia, is also charged with the attempted murder of a Cobb County Police Officer;
- Toby James Ogletree, 42, of Spalding County, Georgia; and
- Cheri Lea Rau, 59, of Cobb County, Georgia.
Thirteen Ghostface Gangsters members and associates—including three founding “Pillars” and four female gang leaders who held the position of “First Lady”—are charged in a drug conspiracy involving distribution and possession with intent to distribute methamphetamine, cocaine, marijuana and illegal pills. The following defendants are named in the drug conspiracy:
- Joseph M. Propps Jr., aka P, 39, of Cobb County, Georgia;
- Marc Avon Lefevre, aka Ghost, 32, of Cobb County, Georgia;
- Christopher Lasher, aka Retta, 35, of Marietta, Georgia;
- Genevieve Waits, 35, of Cleveland, Ohio;
- Christopher Steven Jones, aka 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;
- Powell;
- Bourassa;
- Rau; and
- Ogletree.
Other gang members are charged with separate counts of violent crimes in aid of racketeering, including carjacking; four attempted murders, including the attempted murders of a Deputy Sheriff and a Cobb County police officer; kidnapping; assault with serious bodily injury; and maiming. Specifically, the indictment alleges:
- On July 5, 2016, Dejesus violently carjacked a citizen using a firearm and threatened to kill her. He took the car, then picked up defendant Christopher Marlow, aka Loko, 28, of Cobb County, Georgia, 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;
- On Oct. 29, 2016, Richard Brian Sosebee shot a victim in the eye during a drug deal, causing the victim serious bodily injury;
- On Dec. 2, 2016, Todd, upon receiving an order from Powell, joined other Ghostface Gangster members to kidnap one of their own members for violating gang rules. Todd and the other members of the Ghostface Gangsters beat the victim badly and tried to pull out his teeth with pliers;
- In December 2016, Stubbs and Christopher Jarman Davis, 27, of Walker County, Georgia, under the orders of Bourassa, allegedly kidnapped another Ghostface Gangsters member, held the victim at gunpoint and cut off his tattoo with a knife, causing serious bodily harm;
- On March 8, 2017, William J. Goodman, aka JBeenlivin’good and JGood, 24, of Paulding County, Georgia, stabbed another Ghostface Gangsters member in the neck and back for violating gang rules, causing serious bodily injury;
- In December 2017, Kevin Scott Sosebee shot at a Cobb County police officer who pulled over a car in which Sosebee was a passenger.
In addition, 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.
Twenty-two indicted gang members are already in custody on state or local charges and will be arraigned in federal court in the next few days before U.S. Magistrate Judge Walter E. Johnson.
An indictment merely contains allegations, and the defendants are presumed innocent unless proven guilty in a court of law.
This case is being investigated by the ATF; the Cobb County Police Department with the assistance of the FBI; the Georgia Department of Corrections; and the following federal, state and local 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, 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 Trial Attorney John Hanley of the Justice Department’s Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Katherine M. Hoffer and Jolee Porter.
Monday 5 March 2018
Williamson County Resident Sentenced for Methamphetamine and Firearm OffensesRead the Press Release
On March 2, 2018, Summer B. Kirby, 28, of Johnston City, Illinois, was sentenced to federal prison for methamphetamine and firearm offenses, United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today.
Kirby, who had previously pled guilty to conspiracy to distribute methamphetamine and using or carrying a firearm during a drug trafficking offense was sentenced to a total sentence of 140 months of imprisonment and four years of supervised release. The offenses occurred between 2015 and April 2017, in Williamson and Franklin Counties. Evidence at the plea and sentencing hearings established that Kirby and co-defendant Clay Kirby were involved with other persons in the distribution of ice in southern Illinois. Ice is methamphetamine, which has a purity level of at least 80 percent. On multiple occasions, the defendants sold ice to a confidential source working for law enforcement. During an April 2017 traffic stop in Johnston City, Summer Kirby was in possession of a loaded firearm. Officers also located methamphetamine, drug scales, and a large amount of U.S. currency in the vehicle. At sentencing, the district court found that Summer Kirby was responsible for the distribution of 735 grams of ice. Co-defendant Clay Kirby was previously sentenced to 188 months of imprisonment for his role in the ice conspiracy.
The ongoing investigation is being conducted by the Southern Illinois Enforcement Group and the Drug Enforcement Administration. The Johnston City Police Department and Marion Police Department also assisted in the investigation.
Virginia man sentenced for role in cigarette smuggling operationRead the Press Release
MARTINSBURG, WEST VIRGINIA –Mohamed Abdo Elbarati, of Winchester, Virginia, was sentenced in federal court today to 36 months incarceration for unlawful cigarette smuggling, United States Attorney Bill Powell announced.
Elbarati, 32, pled guilty to one count of “Conspiracy to Traffic in Contraband Cigarettes” in February 2016. Elbarati collaborated with others to facilitate a trafficking network designed to profit from the unlawful sale of contraband cigarettes. The defendants transported large quantities of cigarettes across state lines for redistribution and sale. The cigarettes were acquired in Virginia, where the tax rate for cigarettes is one of the lowest in the nation, and sold in New York, which has one of the nation’s highest tax rates. The cigarettes were possessed and transported in West Virginia.
Assistant U.S. Attorneys Michael D. Stein and Shawn M. Adkins prosecuted the case on behalf of the government. Homeland Security Investigations, the Frederick County, Virginia Sheriff’s Office, the New York City Sheriff's Office, the Virginia Office of Attorney General, the Alcohol and Tobacco Tax and Trade Bureau, the West Virginia State Police, the New York Department of Taxation and Finance, the Federal Bureau of Investigation, and the Internal Revenue Service - Criminal Investigation led the inquiry.
Chief U.S. District Judge Gina M. Groh presided.
Ultra Electronics Abandons Its Proposed Acquisition of Sparton Corp. After Department of Justice Expresses ConcernsRead the Press Release
The Department of Justice announced today that Ultra Electronics Holdings plc and Sparton Corporation have abandoned their merger, originally valued at more than $234 million. The transaction threatened to permanently combine the only two qualified suppliers of sonobuoys to the U.S. Navy. Sonobuoys are used in support of multiple underwater missions for detection, classification, and localization of adversary submarines during peacetime and combat operations. Ultra Electronics and Sparton Corporation have in recent years supplied this critical equipment to the U.S. Navy through their joint venture, ERAPSCO.
Ultra Electronics Holdings Inc. is a British company headquartered in London, England, that is comprised of 19 separate businesses. Ultra Electronics’ core markets are in North America and the United Kingdom. In 2016, Ultra reported annual worldwide revenues of £785.8 million. Ultra Electronics provides a wide range of products to the defense, aerospace, security, transport and energy industries.
Sparton Corporation is a publicly-held company incorporated in Ohio and headquartered in Schaumberg, Illinois; it reported $397.6 million in net sales for the fiscal year 2017. Sparton primarily designs and builds electromechanical devices for medical, military, aerospace and industrial applications. Sparton currently has thirteen manufacturing locations and engineering design centers worldwide.
Two South Florida Men Sentenced for Conspiring to Distribute Hundreds of Pounds of High-Grade MarijuanaRead the Press Release
Orlando, Florida– U.S. District Judge Carlos E. Mendoza has sentenced Juan Almeida (59) and Andrew Cassara (38), both of Boca Raton, to six and seven years in federal prison, respectively, for conspiring to possess with the intent to distribute 100 kilograms or more of marijuana. They pleaded guilty on November 6, 2017.
A third co-conspirator, Wade Jones, Jr., previously pleaded guilty and was sentenced on February 7, 2018, to 13 months’ imprisonment.
According to court documents, in January 2015, the Drug Enforcement Administration began investigating the conspirators’ drug trafficking activities, which involved the distribution of large amounts of high-grade marijuana to individuals and groups. In August 2014, another group of drug traffickers had stolen approximately $250,000 of marijuana from the conspirators. In February 2015, during a recorded meeting, the conspirators discussed recouping their debt from the drug traffickers and continuing their drug distribution activities. A few days later, law enforcement seized more than 1,300 pounds of high-grade marijuana from a storage facility in Orlando and a house linked to Cassara.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
Topeka man Sentenced for Distributing Child PornRead the Press Release
TOPEKA, KAN. – A Topeka man was sentenced Monday to 105 months in federal prison for distributing child pornography, U.S. Attorney Stephen McAllister said.
Jeremy M. Schwerdt, 41, Topeka, Kan., pleaded guilty to one count of distributing child pornography. In his plea, he admitted using the internet to send child pornography to another user. Investigators found 350 images and eight videos containing sexually explicit images of children on Schwerdt’s electronic devices.
This case was prosecuted under the Justice Department’s Project Safe Childhood initiative. McAllister commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
Serial robber sentenced for role as organizer in commercial armed robbery spree spanning five countiesRead the Press Release
ATLANTA - Kesia Quinette Jackson has been sentenced for her role as an organizer in an armed robbery spree that spanned five counties, and target seven Wal-Mart Stores.
“Jackson led a robbery crew that terrorized business employees, shoppers, and citizens during a crime spree,” said U.S. Attorney Byung J. “BJay” Pak. “Jackson and her crew calculated their robberies and helped drive violence and fear in multiple counties. The defendant’s conviction and lengthy sentence resulted from the collaboration of multiple federal and local law enforcement agencies determined to apprehend and aggressively prosecute every member of this robbery crew.”
"For nearly two years Jackson led a robbing crew that rained terror on innocent victims, who just by chance, were in the wrong place at the wrong time,” said David J. LeValley, Special Agent in Charge, FBI Atlanta. “The FBI, working together with several local law enforcement agencies and the US Attorney’s Office have put an end to their reign of terror so that the victims can take solace in the fact they won’t be able to traumatize any more innocent people.”
According to U.S. Attorney Pak, the charges and other information presented in court: Between February 3, 2014, and October 26, 2015, Kesia Quinette Jackson, along with others committed 11 armed robberies throughout the metro-Atlanta area. Jackson was the organizer of the robberies. Seven of the robberies targeted Wal-Mart Stores.
Jackson and her co-defendants researched store locations in DeKalb, Gwinnett, Cobb, Clayton and Forsyth Counties, and then surveilled the businesses before and during the robberies, usually between 10:00 pm and midnight. Jackson was captured on surveillance video prior to the robberies while she talked on her cell phone and cased the locations. During each robbery, co-defendant Deanthony Foster was also captured on video surveillance entering the stores wearing a surgical mask, brandishing a firearm, and proceeded to force store employees to empty their cash registers. During the final robbery, Foster fired a shot near store employees when they failed to immediately give him cash.
In addition to the Wal-Mart store robberies, Jackson also targeted gas stations and convenience stores. On February 3, 2014, Jackson and her crew robbed a gas station in Gwinnett County. Jackson was inside the business casing the establishment immediately prior to the armed robbery. Within 24 hours after the robbery, proceeds from the robbery were deposited into Jackson’s personal bank account. On June 2, 2014, Jackson and her crew robbed another gas station in DeKalb County, during which a co-defendant shot an employee in the leg. Like the other robberies, Jackson entered the business and cased the business immediately before the robbery.
Jackson’s sentence also involves conduct related to her role in three gas station armed robberies, one on August 27, 2015, one on September 21, 2015, and the third on October 26, 2015, in Cobb and DeKalb counties. During one of the robberies a co-defendant shot a victim employee.
Kesia Quinette Jackson, 46, of Atlanta, Georgia, has been sentenced to 21 years, three months in prison to be followed by five years of supervised release, and ordered to pay restitution in the amount of $62,315.95. Jackson pleaded guilty on November 10, 2016.
Co-defendants Deanthony Foster and Eric Lamar Ross were previously sentenced for their respective roles in the robberies. Foster, a gunman, received a sentence of 32 years in prison. Ross, who acted as a lookout during two of the robberies, received a sentence of five years in prison.
This case was investigated by the FBI, with assistance from the following law enforcement agencies: Cobb County Police Department, DeKalb County Police Department, Gwinnett County Police Department, Hapeville Police Department, Roswell Police Department, Riverdale Police Department, Dunwoody Police Department, and the Forsyth County Sherriff’s Office.
Assistant U.S. Attorneys Katherine M. Hoffer and Jessica C. Morris prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Security Guard at the 9/11 Memorial Pleads Guilty in Manhattan Federal Court to Firearms TraffickingRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York announced that MAQUAN MOORE, a 9/11 Memorial security guard, pled guilty to firearms trafficking in connection with his trafficking of more than 25 firearms from locations outside of New York into Manhattan. MOORE pled guilty today to an Information in Manhattan federal court before U.S. Magistrate Judge Katharine H. Parker.
U.S. Attorney Geoffrey S. Berman said: “Maquan Moore was in the business of peddling illegal firearms in busy downtown New York. When individuals attempt to bypass the critically important system of licensing for lawful ownership, the result is a less safe society for all of us. One shudders to think the harm these weapons could have caused in the wrong hands.”
According to the Complaint, Information, and other statements made in open court:
Beginning in December 2017, a joint task force of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) and the New York City Police Department (“NYPD”) made multiple undercover purchases of firearms from MOORE, who at the time was working as a security guard at the 9/11 Memorial. These firearms included several assault-style weapons, such as a MAC-10 machine pistol, and various other handguns and rifles. On the evening of February 1, 2018, an undercover officer purchased from MOORE additional firearms, many of which had been brought by MOORE’s co-conspirator, Morris Wilson, from Florida to New York. In connection with MOORE and Wilson’s arrest, the ATF/NYPD Task Force seized 21 additional firearms.
* * *
MOORE, 29, of Manhattan, pled guilty to one count of firearms trafficking, which carries a maximum sentence of five years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Wilson is charged in a Criminal Complaint with conspiracy to traffic in firearms, firearms trafficking, and interstate transportation and receipt of firearms. The allegations contained in the Criminal Complaint as to Wilson are merely accusations, and he is presumed innocent unless and until proven guilty.
Mr. Berman praised the efforts of the ATF and NYPD in this case.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Jacob Warren and Dominic Gentile are in charge of the prosecution.
Scott W. Murray Sworn in as United States Attorney for the District of New HampshireRead the Press Release
CONCORD – The United States Attorney’s Office for the District of New Hampshire announced that the Honorable Scott W. Murray was sworn in today as the United States Attorney for the District of New Hampshire. Chief U.S. District Judge Joseph Laplante administered the oath of office at the federal courthouse in Concord.
U.S. Attorney Murray is the 57th U.S. Attorney for the District. He was nominated by the President on December 1, 2017, and confirmed by the U.S. Senate on February 15, 2018. As the U.S. Attorney, Mr. Murray is the chief federal law enforcement officer in New Hampshire.
U.S. Attorney Murray has been a prosecutor throughout his legal career. He was elected County Attorney for Merrimack County in 2010. He began serving as County Attorney in 2011 and was serving his fourth consecutive two-year term in that position. Prior to becoming County Attorney, he served as the Chief Prosecuting Attorney for the City of Concord from 1983 to 2011.
U.S. Attorney Murray received his B.A. and M.P.A. from the University of New Hampshire and his J.D. from Franklin Pierce Law Center (now known as the University of New Hampshire School of Law).
“I am honored to have the opportunity to serve as the United States Attorney,” U.S. Attorney Murray said. “As a career prosecutor, I look forward to working with my federal, state, and local law enforcement partners to combat drug trafficking, violence, and other threats to the safety of the residents of the Granite State. Close cooperation is absolutely critical if we are to effectively address crime associated with the current opioid crisis.”
###
San Antonio Man Sentenced to 12 Years in Federal Prison for Distribution of Child PornographyRead the Press Release
In San Antonio today, a federal judge sentenced 24–year-old Paul Martinez to 12 years in federal prison for distributing child pornography, announced United States Attorney John F. Bash and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
Senior United States District Judge David A. Ezra also ordered that Martinez pay $5,000 restitution to any identified victim and be placed under supervised release for a period of five years after completing his prison term.
Martinez pleaded guilty to the charge in October of last year. By pleading guilty, Martinez admitted he exchanged child pornography using the Internet in January 2016.
In September 2016, federal authorities executed a search warrant at the location where Martinez was residing and seized his desktop and laptop computers as well as his cellular telephone. A forensic examination of the computers and phone revealed numerous video and image files depicting prepubescent children engaged in sexually explicit conduct.
The FBI investigated this case. Assistant United States Attorney Tracy Thompson prosecuted this case on behalf of the Government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Riverside County Man Sentenced for Marijuana Cultivation Operations in Sequoia National Forest in Kern CountyRead the Press Release
FRESNO, Calif. — Sair Maldonado-Soto (Maldonado), 22, of Perris, was sentenced today to three years and four months in prison for conspiring to manufacture, distribute and possess with intent to distribute marijuana in connection with two separate large-scale marijuana cultivation operations in Kern County in the Sequoia National Forest, U.S. Attorney McGregor W. Scott announced. Maldonado was also ordered to pay $10,756.02 to the U.S. Forest Service for the damage to public land and natural resources caused by the marijuana cultivation activities.
In September, Maldonado pleaded guilty to the conspiracy after he and his girlfriend and co-defendant, Coral Herrera, 21, also of Perris, were linked to grow sites in the Lucas Creek drainage and an area known as the Box 6 site following a four-month investigation. The investigation revealed that they were supplying material, equipment, and personnel to the two grow sites, which consisted of 10,396 marijuana plants. They were also responsible for transporting co-defendants Abel Toledo-Villa, 34, and Alfredo Cardenas-Suastegui, 56, both of Mexico, away from the Box 6 grow site after it was searched.
The marijuana cultivation operations caused extensive damage to the land and natural resources. Highly toxic pesticides were found at both sites and at Maldonado’s residence in Perris. Many miles of plastic irrigation lines were spread throughout the sites. Native trees and vegetation were also removed to make room for the marijuana plants.
The remaining three defendants have pleaded guilty. Toledo-Villa has been sentenced to five years in prison. Herrera and Cardenas-Suastegui are scheduled for sentencing on January 22 and February 12, 2018. Cardenas-Suastegui faces a statutory mandatory minimum penalty of five years in prison and a maximum penalty of 40 years in prison, and a $5 million fine. Herrera faces a maximum penalty of 20 years in prison and a fine of $1 million. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the U.S. Forest Service, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Southern Tri-County High Intensity Drug Trafficking Area (HIDTA) Task Force, California Department of Justice’s Campaign Against Marijuana Planting (CAMP), California Department of Fish and Wildlife, Kern County Sheriff’s Office, Riverside County Sheriff’s Department, Fontana Police Department, and Victorville Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
River Oaks Man Sentenced to Lengthy Sentence for Child Pornography ChargesRead the Press Release
FORT WORTH, Texas — Timothy Paul Malone, 39, of River Oaks, Texas, was sentenced this morning by U.S. District Judge Reed C. O’Connor to 90 years in federal prison for child pornography offenses, announced Erin Nealy Cox, United States Attorney for the Northern District of Texas.
Malone pleaded guilty in November 2017 to two counts of sexual exploitation of children and one count of attempted sexual exploitation of children. Judge O’Connor sentenced Malone to 360 months for each of the three counts, to run consecutively. Malone has been in custody since the time of indictment in September 2017.
According to documents filed in the case, Malone persuaded and enticed two minor children in Watauga and Haslet, Texas to engage in sexually explicit conduct for the purpose of producing a video. Malone also attempted to use another minor child to create a video of the minor engaged in sexually explicit conduct.
In January 2017, law enforcement conducted a search warrant, according to plea documents, at Malone’s residence and seized a number of electronic devices. An examination of the devices revealed a number of child pornography videos and images including those of the minors previously mentioned.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood leverages federal, state and local resources to better investigate, apprehend and prosecute individuals who sexually exploit children. Project Safe Childhood also prioritizes identifying and rescuing victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
River Oaks Police Department, Tarrant County District Attorney’s Digital Forensics Unit, and U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated the case. Assistant U.S. Attorney A. Saleem prosecuted.
# # #
Rapid City Man Sentenced for Attempted Transfer of Obscene Material to a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Attempted Transfer of Obscene Material to a Minor was sentenced on March 2, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Cody Two Lance, age 35, was sentenced to 21 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Two Lance was one of ten men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2016 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls or boys obtained through the Internet. The conviction stemmed from Two Lance communicating with someone he believed to be a minor for the purpose of engaging in sexual acts and sending pornographic images of himself to the minor.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Two Lance was immediately remanded to the custody of the U.S. Marshals Service.
Press Release Regarding Significant Law Enforcement ActionRead the Press Release
United States Attorney Brandon J. Fremin announced today that he will join numerous federal, state, and local law enforcement leaders in announcing a significant law enforcement action on Tuesday, March 6, 2018, at 10:00 a.m. CST in Conference Room C of the United States Attorney’s Office, located at 777 Florida Street, Suite 208, Baton Rouge, Louisiana. Press should plan to arrive at the U.S. Attorney’s Office and be in place by 9:30 a.m.
Parsons Woman Sentenced for Embezzling MillionsRead the Press Release
WICHITA, KAN. – A Parsons woman was sentenced Monday to five years in federal prison for embezzling millions of dollars from a credit union where she worked, U.S. Attorney Stephen McAllister said. She was ordered to pay more than $10 million in restitution.
Nita Rae Nirschl, 66, Parsons, Kan., pleaded guilty to one count of embezzlement, one count of money laundering and one count of attempted tax evasion. In her plea, she admitted the crimes occurred while she was an officer and employee of Parsons Pittsburg Credit Union headquartered in Parsons, Kan. She withdrew money from the assets of the credit union and deposited the money into accounts she controlled. She used the stolen money to buy a car, a house and other items.
McAllister commended the FBI, the Internal Revenue Service and Assistant U.S. Attorney Lanny Welch for their work on the case.
Olathe Man Pleads Guilty to Filing a False Tax ReturnRead the Press Release
KANSAS CITY, KAN. – An Olathe man pleaded guilty Monday to filing a false tax return, U.S. Attorney Stephen McAllister said. The defendant agreed to pay more than $450,000 in restitution.
Daniel Forster, 58, Olathe, Kan., pleaded guilty to causing a false tax return to be submitted to the Internal Revenue Service. In his plea, he admitted the crime occurred while he was one of three shareholders who owned an S corporation located in Olathe. Forster was responsible for the financial operations of the business, including overseeing corporate books and records and submitting tax information to a professional tax preparer.
Forster used funds belonging to the business to pay personal expenses such as credit card payments and then falsely represented those payments as deductible expenses.
Sentencing will be set for a later date. He faces a penalty of up to three years in federal prison and a fine up to $250,000. McAllister commended the Internal Revenue Service and Assistant U.S. Attorney Leon Patton for their work on the case.
Ninth Circuit Upholds Craig A. Morgenstern’s Sentence of Twelve Life TermsRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that the Ninth Circuit Court of Appeals has upheld the convictions of Craig A. Morgenstern, age 49, of Nine Mile Falls, Washington, that resulted in 12 life terms of imprisonment. In 2016, a federal trial jury found Morgenstern guilty of 12 counts of Aggravated Sexual Abuse of a Child; 18 counts of Production and Attempted Production of Child Pornography; two counts of Travel with Intent to Engage in Illicit Sexual Contact with a Minor; and, one count of Receipt of Child Pornography. Senior United States District Judge W. Fremming Nielsen sentenced Morgenstern to 12 life terms in federal prison for the Aggravated Sexual Abuse of a Child convictions; a 30-year term of imprisonment for each of the Production and Attempted Production of Child Pornography convictions; a 20-year term of imprisonment for each conviction for Travel with Intent to Engage in Illicit Sexual Contact with a Minor; and, a 20-year term of imprisonment for the Receipt of Child Pornography conviction.
According to evidence introduced at trial, Morgenstern sexually assaulted six young boys and produced child pornography images of the assaults from 2008 through 2014. The victims ranged in age from 7 to 15 years old at the time of the assaults. Evidence at trial also established that Morgenstern traveled to Idaho, Mississippi, and Tennessee in order to sexually molest the same victims and produce child pornography images for his own sexual gratification. Evidence also established that Morgenstern would incapacitate his victims using drugs so that the victims were unaware of the sexual abuse and so Morgenstern could continue his crimes and avoid detection.
Evidence at trial also established that Morgenstern’s crimes were discovered after one of his victims, then a minor child less than 14 years old, escaped from Morgenstern’s residence in Stevens County on October 18, 2014 after awaking to Morgenstern sexually assaulting him during the early morning hours. Subsequent investigation and evidence led to the discovery of the additional victims.
Following sentencing, Morgenstern appealed his convictions to the Ninth Circuit Court of Appeals. The Ninth Circuit rejected all of Morgenstern’s arguments, noting that “[t]he jury was presented with an overwhelming amount of digital evidence that depicted Morgenstern performing sex acts on the victims.”
Joseph H. Harrington said “Morgenstern is a sexual predator who used his position as a doctor and the trust of unsuspecting families to prey on children for his own selfish sexual gratification. If not for the brave actions of his last victim, the hard work of the Federal Bureau of Investigation and the Stevens County Sheriff’s Office, and the resilience of all of Morgenstern’s victims and the victims’ families at trial, Morgenstern’s crimes would have gone undiscovered and unpunished. Ultimately, Morgenstern received a just and fair trial and a just and fair sentence and he will never again be able to victimize another child or another unsuspecting family.”
The case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States 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. The Project Safe Childhood Initiative (“PSC”) has five major components:
· Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
· Participation of PSC partners in coordinated national initiatives;
· Increased federal enforcement in child pornography and enticement cases;
· Training of federal, state, and local law enforcement agents; and
· Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
This case was investigated by the Federal Bureau of Investigation and the Stevens County Sheriff’s Office. The case was prosecuted by Stephanie J. Lister and James A. Goeke, Assistant U. S. Attorneys for the Eastern District of Washington.
New York City Correction Department Investigator Convicted of Transporting, Receiving and Possessing Child PornographyRead the Press Release
A federal jury in Central Islip, New York, returned a guilty verdict today against Fernando Clarke, an investigator with the New York City Department of Correction, on child pornography trafficking offenses.
Clarke, 63, of East Meadow, New York, was found guilty of two counts of transportation of child pornography, four counts of receipt of child pornography, and one count of possession of child pornography. He is scheduled to be sentenced on April 13, by U.S. District Judge Arthur D. Spatt. Clarke remains in custody following the jury’s verdict.
The verdict was announced by Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Richard P. Donoghue for the Eastern District of New York and Special Agent-in-Charge Angel M. Melendez of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) New York.
“By trafficking in images depicting the sexual abuse and exploitation of numerous children, Fernando Clarke added to the demand that fuels the creation and dissemination of these horrific images,” said Acting Assistant Attorney General Cronan. “The diligent efforts of our investigative partners helped ensure that this former corrections investigator, who violated the public’s trust in law enforcement, was brought to justice.”
“As a sworn law enforcement officer, Clarke had a mandatory obligation to report child abuse,” said U.S. Attorney Donoghue. “Instead, he downloaded images of the rape and abuse of children for his personal use. We will be vigilant in holding accountable law enforcement officers who violate their oaths.”
“Clarke downloaded videos of children being sexually abused,” said Special Agent-in-Charge Melendez. “It is unfathomable that anyone, especially someone working in law enforcement, could be capable of such an act. Clarke will face the consequences of his reprehensible actions, and it is because of individuals like him that HSI will continue to work tirelessly, dedicating extensive resources, to investigating child exploitation cases in New York and around the country.”
According to court filings and evidence introduced at trial, Clarke downloaded video files of the sexual abuse of preteen children, which he kept on computer equipment in his home. During a court-ordered search of his home on July 28, 2015, Clarke initially claimed that he was downloading child pornography in connection with his employment as a Department of Correction investigator. Clarke admitted at the time of the search, however, that he had not been authorized to access or download child pornography for his employment. Clarke was arrested at the time of the search and subsequently suspended from the Corrections Department.
The investigation was conducted by HSI; the New York City Department of Investigation, Inspector General, Board of Correction and the High Technology Investigative Unit (HTIU) of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). The case is being prosecuted by Trial Attorney Lauren Kupersmith of the Criminal Division’s CEOS and Assistant U.S. Attorney Allen L. Bode of the U.S. Attorney’s Office’s Long Island Criminal Division.
New York City Correction Department Investigator Convicted of Transporting, Receiving and Possessing Child PornographyRead the Press Release
A federal jury in Central Islip returned a guilty verdict today against Fernando Clarke, an investigator with the New York City Correction Department, on seven counts of transportation, receipt and possession of child pornography. Clarke faces a minimum penalty of five years in prison and a fine of $250,000, when he is sentenced by United States District Judge Arthur D. Spatt on April 13, 2018. Clarke remains in custody.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, and Angel M. Melendez, Special Agent-in-Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI), New York, announced the verdict.
“As a sworn law enforcement officer, Clarke had a mandatory obligation to report child abuse,” stated United States Attorney Donoghue. “Instead, he downloaded images of the rape and abuse of children for his personal use. We will be vigilant in holding accountable law enforcement officers who violate their oaths.” Mr. Donoghue extended his grateful appreciation to HSI; the New York City Department of Investigation, Inspector General, Board of Correction; the Department of Justice Criminal Division’s Child Exploitation and Obscenity Section (“CEOS”) and High Technology Investigative Unit (“HTIU”), for their assistance in this case.
“By trafficking in images depicting the sexual abuse and exploitation of numerous children, Fernando Clarke added to the demand that fuels the creation and dissemination of these horrific images,” said Acting Assistant Attorney General Cronan. “The diligent efforts of our investigative partners helped ensure that this former corrections investigator, who violated the public’s trust in law enforcement, was brought to justice.”
“Clarke downloaded videos of children being sexually abused,” stated HSI Special Agent-in-Charge Melendez. “It is unfathomable that anyone, especially someone working in law enforcement, could be capable of such an act. Clarke will face the consequences of his reprehensible actions, and it is because of individuals like him that HSI will continue to work tirelessly, dedicating extensive resources, to investigating child exploitation cases in New York and around the country.”
According to court filings and evidence introduced at trial, Clarke downloaded video files of the sexual abuse of preteen children, which he kept on computer equipment in his home. During a court-ordered search of his home on July 28, 2015, Clarke initially claimed that he was downloading child pornography in connection with his employment as a Correction Department investigator. Clarke admitted at the time of the search, however, that he had not been authorized to access or download child pornography for his employment. Clarke was arrested at the time of the search and subsequently suspended from the Corrections Department.
The government’s case is being prosecuted by Assistant United States Attorney Allen L. Bode of the Long Island Criminal Division and Department of Justice Trial Attorney Lauren Kupersmith.
The Defendant:
FERNANDO CLARKE
Age: 64
East Meadow, New YorkE.D.N.Y. Docket No. 15-CR-426(S-1) (ADS)(AKT)