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Monday 5 March 2018
New Orleans and Houston Men Charged with Heroin ConspiracyRead the Press Release
U.S. Attorney Duane A. Evans announced that JUAN CARLOS MOSQUERA-AMARI, age 46, of New Orleans, ALEXANDER MURIEL-DIAZ, age 52, of Houston, Texas, LUIS RAMOS GRAVEDEPERALTA, age 60, of Kenner, CARLOS ALBERTO GONZALEZ VALENCIA, age 36, of Houston, Texas, STEVEN DUNCAN, age 45, of Metairie, and JOSE ANTONIO VALVERDE-CHACON, age 37, of Houston, Texas, were charged in a one-count indictment with conspiracy to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846.
According to the indictment, the defendants conspired with each other and others between December 11, 2017 and February 27, 2018, to distribute and possess with the intent to distribute more than one kilogram of heroin.
If convicted, the defendants face a mandatory minimum of 10 years imprisonment, a maximum term of imprisonment of life, a fine of up to $10,000,000, at least five years of supervised release after imprisonment, and a mandatory $100 special assessment.
U. S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney Jonathan L. Shih is in charge of the prosecution.
New Baden Man Charged and Pleads Guilty to Asbestos Felony OffenseRead the Press Release
On March 1, 2018, Joseph Michael Kehrer was charged with the felony offense of failure to notify regulatory authorities prior to removing asbestos material, United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today. Mr. Kehrer pled guilty to the charge. The sentencing hearing is scheduled for June 12, 2018, in the federal district court in Benton.
Mr. Kehrer admitted that around February and March of 2015, he was the owner of a building formerly used as the Okawville Elementary School in Okawville, Washington County, Illinois. During this time and during a renovation activity, Kehrer caused the removal of a combined amount of material containing asbestos greater than 160 square feet. Under such circumstances, he was required by law to notify regulatory authorities at least 10 working days prior to removing asbestos material. In this instance, the appropriate regulatory authority to have been notified was the Illinois Environmental Protection Agency (IEPA). Kehrer admitted to knowingly having failed to provide the prior notification to IEPA.
The offense of failure to notify regulatory authorities prior to removing asbestos material carries up to a maximum of five years of imprisonment, to be followed by up to three years of
supervised release and a fine up to $250,000.
The investigation is being conducted by the U.S. Environmental Protection Agency, Criminal Investigation Division and the U.S. Department of Labor, Office of Inspector General. The case is being prosecuted by Assistant United States Attorney William E. Coonan, with the assistance of David P. Mucha, Regional Criminal Enforcement Counsel, U.S. Environmental Protection Agency.
Multiple Defendants Sentenced as Part of United States Department of Justice Project Safe Childhood InitiativeRead the Press Release
DES MOINES, Iowa – The United States Attorney’s Office for the Southern District of Iowa recently obtained several convictions against defendants committing offenses against minor children, as part of the United States Department of Justice Project Safe Childhood Initiative, announced United States Attorney Marc Krickbaum.
On March 1, 2018, United States District Court Judge Stephanie M. Rose sentenced Gabriel Espinoza, age 23, of Marshalltown, to 25 years in prison for sexual exploitation of a minor. Upon his release from imprisonment, Espinoza will serve 25 years of supervised release.
The investigation into Espinoza’s crime started in March 2017, when law enforcement in Bucks County, Pennsylvania learned a 10-year-old female had been sexually exploited via social media by Espinoza, a registered sex offender. Within days, Espinoza was located and arrested by the Iowa ICAC Task Force. After additional investigation, law enforcement learned Espinoza had also victimized a minor female in Minnesota. This matter was investigated by the Iowa Internet Crimes Against Children Task Force (ICAC), Bucks County (PA) District Attorney’s Office, Minnesota Bureau of Criminal Apprehension, Iowa Division of Narcotics Enforcement, Iowa State Patrol, Marshalltown Police Department, Ankeny Police Department, and Iowa Division of Intelligence.
On December 8, 2017, United States District Court Judge Rebecca Goodgame Ebinger sentenced Gaspar Jose Francisco, age 27, of Osceola, to 14 years imprisonment for enticement and attempted enticement of a minor to engage in illicit sexual activities. Upon his release from imprisonment, Francisco will serve five years of supervised release.
This investigation was initiated by a report to the Osceola Police Department that alleged possible sexual abuse of a minor child by an adult who lived nearby. Further investigation revealed Francisco used social media to entice a 13-year-old female to engage in illegal sexual activity with him. This matter was investigated by the Iowa ICAC, Osceola Police Department, United States Department of Homeland Security – Homeland Security Investigations, and Iowa Attorney General’s Office.
On November 17, 2017, United States District Court Judge Rebecca Goodgame Ebinger sentenced Jordan Adolfo Turner, age 25, of Muscatine, to 20 years imprisonment for receipt of child pornography. Upon his release from imprisonment, Turner will serve 10 years of supervised release. This investigation was initiated by a tip from an Iowa man to the Federal Bureau of Investigation (FBI), which alleged a 13-year-old boy was being sexually exploited via social media by an adult male. Further investigation by Iowa ICAC revealed Turner solicited and received nude images and/or videos from seven other minors that resided in Iowa. This matter was investigated by the Iowa ICAC, FBI (Minneapolis Field Office and Omaha Field Office), and Muscatine Police Department.
These cases were prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U.S. Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nation-wide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children.
Any persons having knowledge of a child being sexually abused are encouraged to call the 24-hour Iowa Sexual Abuse Hotline at 1-800-284-7821. The National Center for Missing and Exploited Children (NCMEC) also operates a Cyber Tip line at www.cybertipline.com that allows parents and children to report child pornography and other incidents of sexual exploitation of children by submitting an online form.
Mt. Sterling Man Sentenced to 15 Years for Carjacking and Use of a Firearm During a Violent OffenseRead the Press Release
LEXINGTON, Ky. — Gary L. Thomas, 31, of Mt. Sterling, Ky., was sentenced today, to 15 years in prison by United States Senior District Court Judge Joseph M. Hood, for carjacking and use of a firearm during a violent offense. Judge Hood also ordered Thomas to pay a restitution in the amount of $11,000 to the victim.
Thomas previously admitted that on March 18, 2017, he stole a Ford pickup truck near Morehead, Ky. The stolen vehicle contained a firearm, a.380 caliber pistol. The Defendant traveled westbound on I-64 and state law enforcement officers gave pursuit. Thomas passed several vehicles on the left and right shoulders and forced others off the roadway. Speeds near 120 miles per hour were reached during the pursuit. Thomas was pursued into Clark County where he wrecked the vehicle. After the wreck, Thomas attempted to stop several other vehicles, while armed with the stolen firearm. A good Samaritan had observed the wreck and had stopped to offer assistance. Thomas pointed the firearm at the good Samaritan and robbed him of his 2005 Ford F250. Thomas then drove off in the second stolen truck and later wrecked it as well. Thomas ultimately fled on foot and was captured by local law enforcement. Thomas pleaded guilty to the charges in November of 2017.
Thomas was on state parole at the time of the commission of these offenses. His parole was subsequently revoked for a term of 15 years. The federal sentence imposed today was ordered to run consecutively to his revoked parole.
Under federal law, Thomas must serve 85 percent of his prison sentence; and, upon release, he will be under the supervision of the United States Probation Office for five years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart Lowery, Special Agent in Charge ATF; Chief David Charles, Mt. Sterling Police Department; Sheriff Fred Shortridge, Montgomery County Sheriff’s Department; and Sheriff Berl Purdue, Clark County Sheriff’s Department, jointly made the announcement.
The investigation was conducted by the ATF, the Mt. Sterling Police Department, the Montgomery County Sheriff’s Department, and the Clark County Sheriff’s Department. The United States was represented by Assistant United States Attorney Roger W. West.
This case were prosecuted 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.
Mobile County Man Receives 33 Month Sentence for Possession of a Firearm After Felony ConvictionRead the Press Release
The United States Attorney, Richard W. Moore, announces that David Tyler Nelson, a 23 year old, resident of Mobile, Alabama was sentenced to 33 months incarceration followed by three years of supervised release for possessing a firearm after being convicted of a felony, namely, Unlawful Possession or Receipt of a Controlled Substance.
The charge arose from a traffic stop, on May 13, 2017, during which the arresting officer witnessed Nelson, the passenger in the vehicle, sleeping with a firearm in his waistband. After retrieving the firearm, the officer woke Nelson and asked him his name and date of birth. Nelson provided a false name and date of birth to the officer. During an inventory of the vehicle, officers retrieved Nelson’s work identification, revealing his true identity. When questioned about his possession of the firearm on the scene, Nelson replied, “I just bought it for a couple bills. I took it to a party across the bay.” A few weeks later, on June 6, 2017, federal agents questioned Nelson about possession of the firearm and he stated that he “did not remember” why he had the firearm and that he “might have been worried about getting robbed”. Several months later, on September 9, 2017, during his post-arrest interview Nelson stated, he “did not know why he would have” a firearm. On November 14, 2017, Nelson went to trial and was found guilty of possession of a firearm after being previously convicted of a felony in violation of 18 U.S.C. § 922(g).
Mobile County Sheriff’s Office, Mobile Police Department, and special agents of the Federal Bureau of Investigation investigated the case and presented it to the United States Attorney’s Office for prosecution. The prosecutors assigned to the case were Assistant United States Attorneys Gina Vann, Erica Hilliard, and Lawrence Bullard.
Memphis Rapper Pleads Guilty to Illegally Possessing a Firearm in ArkansasRead the Press Release
LITTLE ROCK—Ricky Hampton, the rapper who goes by the stage name “Finese2Tymes” and has been performing at concerts when violence has broken out multiple times, pleaded guilty in federal court today to a gun possession charge stemming from an incident following a concert in Forrest City.
Cody Hiland, United States Attorney for the Eastern District of Arkansas, and Jeff Reed, Resident Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, & Explosives (ATF), announced Hampton’s plea, which took place before United States District Court Judge J. Leon Holmes. Hampton pleaded guilty to one count of being a felon in possession of a firearm. The plea agreement called for enhancements because the firearm in question was capable of accepting a high-capacity magazine, and Hampton possessed the firearm in connection with another felony offense.
Hampton was originally arrested on a federal complaint on July 3, 2017. A grand jury then indicted him on July 6, 2017. Kentrell Gwynn, Hampton’s bodyguard, was added as a co-defendant in a superseding indictment on August 3, 2017. Hampton pleaded guilty to the superseding indictment on Monday and will be sentenced by Judge Holmes at a later date.
“Violence has followed this individual, and it is time for that to end,” Hiland said. “The message is clear—if you are a felon in possession a firearm, and especially if you use that firearm to commit other crimes, you will be arrested and prosecuted to the fullest extent of the law.”
The investigation into Hampton showed that on June 24, into the early morning hours of June 25, 2017, Hampton performed at Club Envy in Forrest City. After the concert, a woman in the parking lot stated that she drove to the front of Club Envy at about 2:45 a.m. on June 25 and found her route blocked. She then saw Hampton entering the passenger side of a car as he began to scream at her to move her car. As the woman moved her car in reverse, Hampton aimed a large gun at her and yelled. The gun was still aimed at the woman when she turned her car around. As the woman sped off, her back window was shattered and she was grazed by a bullet on the side of her neck.
Witnesses in the Club Envy parking lot took photographs and videos of this incident and posted them to Facebook. In these photographs Hampton can be seen holding and pointing an “AK-style” pistol, which had a AK-47 rifle barrel, with a pistol grip and no shoulder stock. This type of firearm is commonly referred to as a “Draco.”
On July 1, 2017, Hampton performed at Power Ultra Lounge in Little Rock when a mass shooting occurred and 25 people were injured. The next day, ATF and United States Marshals arrested Hampton at the Side Affects Club in Birmingham, Alabama, following a concert. After the arrest, agents recovered a Century Arms “AK-style” pistol from the vehicle in which Hampton was traveling. This pistol was purchased by Gwynn on May 26, 2017. ATF agents interviewed Hampton, who told them that he “upped the Draco,” referring to raising and pointing the “AK-style” pistol in Forrest City.
The maximum punishment Hampton faces for being a felon in possession of a firearm is not more than 10 years’ imprisonment, a fine not to exceed $250,000, and not more than three years of supervised release.
The primary investigation was conducted by the ATF, with assistance from the U.S. Marshal Service and the Forrest City Police Department. Assistant United States Attorneys Stephanie Mazzanti and Chris Givens are prosecuting the case.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available on-line athttp://www.justice.gov/edar
Twitter:
@EDARNEWSMartinsburg man sentenced for drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Fenel Baptiste, of Martinsburg, West Virginia, was sentenced today to 18 months incarceration for distributing cocaine, United States Attorney Bill Powell announced.
Baptiste, age 32, pled guilty to one count of “Possession With the Intent to Distribute a Controlled Substance” in November 2017. Baptiste admitted to selling crack cocaine in Berkeley County in August 2015.
Assistant U.S. Attorneys Anna Z. Krasinski and Lara K. Omps-Botteicher prosecuted the case on behalf of the government. The Eastern Panhandle Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Chief U. S. District Gina M. Groh presided.
Man Pleads to Conspiracy to Distribute and Possess with the Intent to Distribute HeroinRead the Press Release
U.S. Attorney Duane A. Evans announced that MICHAEL PENN, age 41, of Tickfaw, pled guilty today to an Indictment charging him with conspiracy to distribute and possession with the intent to distribute heroin.
According to court documents, PENN was the target of a narcotics investigation that was investigated by members of the Drug Enforcement Administration and the Hammond Police Department. On five separate occasions, PENN unknowingly sold heroin to an undercover officer with the Hammond Police Department at various locations within the Hammond area. Each transaction was audio and video recorded.
Judge Susie Morgan will sentence PENN on June 13, 2018. PENN faces a maximum sentence of 20 years imprisonment for his participation in the drug conspiracy.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration and the Hammond Police Department in investigating this matter. Assistant United States Attorney Brittany L. Reed is in charge of the prosecution.
Man Pleads Guilty to Conspiracy to Commit Hobbs Act Robbery of the Gems and Gold Corner Jewelry StoreRead the Press Release
St. Thomas, USVI – Devon Davis, 27, of St. Thomas, pleaded guilty today in District Court to one count of conspiracy to commit Hobbs Act robbery, United States Attorney Gretchen C.F. Shappert, announced. Davis was the last of seven men charged with the Hobbs Act robbery of the Gems and Gold Corner jewelry store on St. Thomas.
Davis faces up to 20 years in prison on the conspiracy count. Judge Curtis V. Gomez remanded Davis into the custody of the U.S. Marshals Service pending his sentencing on July 5, 2018.
On November 16, 2017, a federal grand jury returned a three-count indictment, resulting from an investigation into the Hobbs Act robbery of Gems and Gold Corner jewelry store on St. Thomas on September 16, 2013. According to the indictment, Davis was a member of the robbery crew that conspired to rob the store. Davis’ co-conspirators entered the store and brandished a handgun to threaten the storeowner before fleeing with merchandise. Davis drove the getaway vehicle.
Other members of the conspiracy, Ron Delano Kuntz, 42, KeonWilson, 22, Shawn McIntosh, 24, Shaquille Correa, 22, Jarmaine Ayala, 36, and Wahilli James, 21, have all been convicted and remain in the custody of the U.S. Marshals Service pending their sentencings in May 2018.
This case is a result of an investigation by the Federal Bureau of Investigation and the Virgin Islands Police Department and was prosecuted by Assistant United States Attorneys Anna A. Vlasova and Kim L. Chisholm.
Man Charged in Fentanyl Overdose Death of MarineRead the Press Release
Assistant U. S. Attorney Timothy Coughlin (619) 546-6768, Special Assistant U.S. Attorney Thomas Endicott, Captain, U.S. Marine Corps (619) 546-8664
NEWS RELEASE SUMMARY – March 2, 2018
SAN DIEGO – A 25-year-old Marine Corporal was found unresponsive on the floor in his Camp Pendleton barracks on Sunday, January 29, 2017. He was lying next to his computer chair, still wearing headphones. He appeared to have been playing video games. Paramedics were unable to revive him.
What followed was an autopsy report that determined the cause of death to be fentanyl toxicity, and a death investigation that has resulted in federal charges against the alleged dealer, 25-year-old Kyle Anthony Shephard of San Marcos.
In a complaint unsealed today, Shephard is charged with Distribution of Fentanyl Resulting in the Death of the Marine, identified in court documents only as Corporal M.C., 1st Marine Division. Shephard was arraigned before U.S. Magistrate Judge, Mitchell D. Dembin today at 2:00 p.m. He is scheduled to appear for a detention hearing on Tuesday, March 6, 2018 at 1:30 p.m., also before Judge Dembin.
The last known contacts with Corporal M.C. occurred late Friday night, January 26, 2017, two days before his death, and shortly after midnight on Saturday morning. A forensic examination of Corporal M.C.’s computer showed his last computer activity taking place at 1:44 a.m. on January 28, 2017.
On February 1, 2017, an autopsy was conducted at the Naval Medical Center San Diego. The toxicology screen was positive for fentanyl. Colonel Ladd Tremaine, M.D., Medical Corps, U.S. Army, Armed Forces Medical Examiner, determined that Corporal M.C. died of opioid toxicity caused by a fentanyl overdose.
On April 28, 2017 a forensic chemist with the Defense Forensic Science Center, reported that a blue pill seized from Corporal M.C.’s barracks room tested positive for fentanyl. The pill was discovered on the headboard next to a powdery substance and a rolled up dollar bill.
A complaint alleges that Shephard distributed the fentanyl pills to Corporal M.C. which caused his death. Text messages obtained from Corporal M.C.’s phone revealed he was first introduced to Shephard in November 2016. During the next three months – November – December 2016 and January 2017 – they arranged numerous sales of fentanyl and other drugs. Their conversations included Shephard acknowledging that the pills could lead to an overdose.
Their drug-based relationship culminated on Friday January 27, 2017, when Shephard sold four fentanyl pills to Corporal M.C. for one hundred dollars. The contents of that text message are included below:
Corporal M.C. – 6:14 PM – Yo whats good bro.
Shephard – 6:15 PM – What’s good?
Corporal M.C. – 6:17 PM – Can u meet up in a lil bit?
Shephard – 6:20 PM – Yes come to esco
Corporal M.C. – 6:21 PM – Do u have the fetanyl ones or the other ones
Shephard – 6:22 PM – I have both but new fet prices are 25 the others are 20 I lost a Plug and had my prices raised significantly with the fet ones
Corporal M.C. – 6:34 PM – Any deals
Corporal M.C. – 6:41 PM – And where do u wanna meet
Shephard – 6:41 PM – If you get quite a bit
Corporal M.C. – 6:44 PM – Kk ill take 4 for a hundo
Corporal M.C. – 6:53 PM – Im omw
Shephard – 6:57 PM - Fasho
Corporal M.C. – 7:25 PM – Where we meeting
Shephard – 7:28 PM – My housr
Corporal M.C. – 7:34 PM – Im in here
Shephard – 7:36 PM – Me too
Corporal M.C. – 7:36 PM – Im near the address 336
An investigation of Shephard’s ongoing criminal activity found that on December 12, 2017, Shephard and a female associate were arrested and charged by the San Diego District Attorney’s Office with distribution of a controlled substance. Law enforcement officers involved in the arrest of Shephard said the controlled substance Shephard was charged with possessing for distribution was approximately 2,000 fentanyl-laced pills.
“What a senseless tragedy that another young life has been lost because of fentanyl,” said U.S. Attorney Adam Braverman. “This Marine was serving his country and had his whole life ahead of him. We are going to hold dealers accountable for the deaths that result from their reckless disregard for human life.”
“NCIS and other law enforcement agencies must do whatever we can to address the nation's ongoing opioid crisis by going after those who are dealing death. Busting a dealer tied to the death of a U.S. Marine will hopefully save the lives of other service members,” said NCIS Pendleton Field Office Special Agent in Charge Todd Battaglia.
In another recent case being prosecuted by the U.S. Attorney’s Office, alleged heroin distributor Max Gaffney was arrested in January 2018 and charged with Distribution of Heroin Resulting in Death. According to an October 2017 indictment, Gaffney distributed heroin on February 16, 2017, which resulted in the death of a person identified only as K.R. For further information please see Case Number 17cr3330.
While final numbers have not been released, preliminary estimates reflect that deaths caused by fentanyl analogs doubled in San Diego County in 2017 over 2016.
DEFENDANT Case Number 18-mj-0935-MDD
Kyle Anthony Shephard Age: 25
SUMMARY OF CHARGES
Distribution of Fentanyl Resulting in Death – Title 21, U.S.C., Section 841(b)(1)(C)
Maximum penalty: Mandatory minimum 20 years in prison up to life
AGENCY
United States Naval Criminal Investigative Service Marine Corp
U.S. Army, Armed Forces Medical Examiner
Defense Forensic Science Center
San Diego County Sheriff’s Department
United States Attorney’s Office
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
MS-13 Members Convicted of Kidnapping, Murder, and ExtortionRead the Press Release
ALEXANDRIA, Va. – Six members of the street gang La Mara Salvatrucha, or MS-13, were convicted today by a federal jury for their roles in a kidnapping, murder, and an extortion conspiracy in Northern Virginia.
According to court records and evidence presented at trial, in April and May 2016, MS-13 gang members and associates Dublas Aristides Lazo, Lelis Ezequiel Tremino-Tobar, Carlos Benitez Pereira, Daniel Oswaldo Flores-Maravilla, Andres Alexander Velasquez-Guevara, Manuel Antonio Centeno, Wilmer Viera-Gonzalez, and Miguel Zelaya-Gomez targeted Carlos Otero-Henriquez, an 18-year-old resident of Leesburg, because they believed Otero-Henriquez was a member of the rival 18th Street gang. On the evening of May 21, 2016, the gang members lured Otero-Henriquez into a vehicle occupied by Lazo, Treminio-Tobar, Pereira, Flores-Maravilla, Centeno, Viera-Gonzalez, and Zelaya-Gomez under the pretense that the group was going to a party. Instead, the group drove Otero-Henriquez to an isolated quarry near Harpers Ferry, West Virginia. There, the group severely beat, restrained, and killed Otero-Henriquez, stabbing him more than 50 times with a knife. Afterwards, the gang left the Otero-Henriquez’s body in a nearby ditch, and returned to the home of Shannon Sanchez in Leesburg. Sanchez, another associate of the gang, helped them burn their clothes and destroy other evidence of the crime.
“The hallmark of MS-13 is extreme violence,” said Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia. “This brutal kidnapping and murder is a tragic reminder of the impact MS-13 has on communities here in Northern Virginia. My hope is that our efforts to investigate and prosecute this case will send a clear message: Violence will be aggressively prosecuted. I want to thank our trial team and investigative partners for their terrific work on this case and for bringing these criminals to justice.”
According to court records and evidence presented at trial, from January 2016 through April 2016, Juan Carlos Guadron-Rodriguez, Wilmar Javier Viera-Gonzalez, and Miguel Zelaya-Gomez engaged in a conspiracy to extort an individual victim residing in Leesburg, Virginia. As part of the conspiracy, the defendants threatened violence to the victim and the victim’s family unless the victim made regular extortion payments to the gang. The victim’s family contacted law enforcement, and the victim thereafter wore an FBI body wire to record extortion payments the victim made to Guadron-Rodriguez and Zelaya-Gomez in March and April 2016. The FBI conducted surveillance of these payments both to ensure the victim’s safety, and to collect evidence against the gang. Through these investigative steps, the FBI was able to record and photograph Guadron-Rodriguez and Zelaya-Gomez in the act of taking extortion money from the victim.
“This horrendous kidnapping and murder was a senseless and inhumane act committed by MS-13 members,” said Andrew W. Vale, Assistant Director in Charge of the FBI's Washington Field Office. “Today's verdict sends a clear message that the FBI, along with our local, state and other federal law enforcement agencies, will hold violent gang members and murderers fully accountable for their actions. The FBI, along with our partners, work relentlessly to ensure violent gangs and murderers are brought to justice. I would like to thank the agents, analysts, task force officers, and prosecutors for their unwavering efforts to eliminate gang violence in our communities.”
“This unfortunate and disturbing case serves as another example as to why law enforcement must not relent in pursuing criminal gangs such as MS-13, said Gregory C. Brown, Chief of Leesburg Police. “Through our collaborative partnerships, we will continue to aggressively investigate and work with prosecutors to ensure violent gang members receive the maximum punishment as allowed by the law. It is important for those who choose to engage in criminal gang activity to know that they are not welcome in our communities.”
A total of 10 defendants were charged in this case. Of those, six defendants went to trial, and were convicted of all charges. Four defendants pleaded guilty prior to trial. See the table below for additional information on each defendant.
Name
Age,
Hometown
Convictions
Sentencing Info
Juan Carlos Guadron-Rodriguez
23, Leesburg
Conspiracy to Commit Extortion; Use of Interstate Facilities in Aid of Extortion
Maximum 25 years
Dublas Aristides Lazo
28, Leesburg
Conspiracy to Commit Kidnapping; Conspiracy to Commit Kidnapping and Murder in Aid of Racketeering; Kidnapping Resulting in Death
Mandatory life
Lelis Ezequiel Tremino-Tobar
21, Alexandria
Conspiracy to Commit Kidnapping; Conspiracy to Commit Kidnapping and Murder in Aid of Racketeering; Kidnapping Resulting in Death
Mandatory life
Carlos Jose Benitez Pereira
22, Alexandria
Conspiracy to Commit Kidnapping; Conspiracy to Commit Kidnapping and Murder in Aid of Racketeering; Kidnapping Resulting in Death
Mandatory life
Daniel Oswaldo Flores-Maravilla
20, Alexandria
Conspiracy to Commit Kidnapping; Conspiracy to Commit Kidnapping and Murder in Aid of Racketeering; Kidnapping Resulting in Death
Mandatory life
Andres Alexander Velasquez-Guevara
22, Leesburg
Conspiracy to Commit Kidnapping
Maximum life
Shannon Marie Sanchez
36, Leesburg
Accessory After the Fact
Maximum 15 years on April 27
Miguel Zelaya-Gomez
20, Leesburg
Conspiracy to Commit Extortion; Kidnapping Resulting in Death
Life on Dec. 7, 2016
Wilmar Javier Viera-Gonzalez
24, Leesburg
Conspiracy to Commit Extortion; Kidnapping Resulting in Death
Mandatory life on March 23
Manuel Antonio Centeno
34, Leesburg
Kidnapping Resulting in Death
Mandatory life
Lazo, Treminio-Tobar, Pereira, and Flores-Maravilla face a mandatory sentence of life in prison for kidnapping resulting in death, in addition to the sentences they receive for conspiracy to commit kidnapping, and conspiracy to commit kidnapping and murder in aid of racketeering. Velasquez-Guevara faces a maximum sentence of life in prison for conspiracy to commit kidnapping. Guadron-Rodriguez faces a maximum sentence of five years in prison for each of the five extortion charges for which he was convicted. Sanchez faces a maximum sentence of 15 years in prison for accessory after the fact. The maximum statutory sentence is prescribed by Congress, and is provided here for informational purposes. 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, Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Gregory C. Brown, Chief of Leesburg Police, made the announcement after U.S. District Judge Liam O’Grady accepted the verdict. Assistant U.S. Attorneys Patricia T. Giles, Tobias D. Tobler, and Morris Parker are prosecuting the case.
The Northern Virginia Gang Task Force, Loudoun County Commonwealth’s Attorney’s Office, Loudoun County Sheriff’s Office, U.S. Marshals Service, U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington Field Office, Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Fairfax County Police Department provided significant assistance during the investigation.
The case was part of the Organized Crime Drug Enforcement Task Forces (OCDETF) Operation Raptor Claw. 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 principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
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. 1:16-CR-209.
Lockport Man 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 Sterling Jones, 24, of Lockport, NY, pleaded guilty to possession of child pornography, before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on March 31, 2017, the defendant possessed 295 videos and 11 images of child pornography. These videos and images were on the cellular telephone and were stored by the defendant in his DropBox online storage account. Over 600 images of child pornography were recovered from Jones’ cellular telephone and some of the images included prepubescent minors and depictions of violence.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.
Sentencing is scheduled for June 11, 2018, at 10:00 a.m. before Judge Vilardo.
Lexington Man Pleads Guilty to a Firearms ChargeRead the Press Release
LEXINGTON, Ky. — Louis L. Martin, of Lexington, pleaded guilty today to being a felon in possession of a firearm.
In his plea agreement, Martin admitted that, on June 12, 2017, he possessed a Smith and Wesson .40 caliber semiautomatic pistol. Lexington Police officers found Martin in possession of the firearm after responding to an assault complaint. Martin also admitted that he had previously been convicted the felony offenses of robbery and murder, and that he was not lawfully able to possess a firearm.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart J. Lowery, Special Agent in Charge of the Louisville Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Lawrence Weathers, Chief of the Lexington Police Department, jointly made the announcement.
The ATF and Lexington Police Department conducted the investigation.
Martin is currently scheduled to appear for sentencing before United States District Judge Danny C. Reeves, in Lexington, on June 8, 2018. Martin faces a maximum prison sentence of 10 years. However, any sentence following conviction would be imposed by the court after consideration of the United States Sentencing Guidelines and the federal statute governing the imposition of sentences.
This case was prosecuted 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.
Laguna Pueblo Man Pleads Guilty to Federal Arson ChargeRead the Press Release
ALBUQUERQUE – Brian Dyea, 29, an enrolled member of the Laguna Pueblo who resides in Mesita, N.M., pled guilty today in federal court in Albuquerque, N.M., to an arson charge under a plea agreement with the U.S. Attorney’s Office.
Dyea was arrested in Dec. 2017, on an indictment charging with him arson. According to the indictment, Dyea committed the crime by setting fire to and burning a building on the Laguna Pueblo in Cibola County, N.M., on June 17, 2016.
During today’s proceedings, Dyea pled guilty to the indictment and admitted that on June 17, 2016, he set fire to his father’s trailer located on the Laguna Pueblo, which caused thousands of dollars worth of damage to the trailer. Dyea further admitted that he set the fire while his father was still inside the trailer, and his father suffered minor smoke inhalation.
At sentencing, Dyea faces a maximum penalty of life in federal prison. Dyea remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services and the Pueblo of Laguna Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Elisa Dimas.
Kadoka Woman Sentenced for Wire FraudRead the Press Release
United States Attorney Ron Parsons announced that a Kadoka, South Dakota, woman convicted of Wire Fraud was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Tammy Twiss, a/k/a Tammy Eisenbraun, age 39, was sentenced on March 1, 2018, to 2 months in custody, followed by 3 years of supervised release to include 4 months of home confinement, $12,061.33 in restitution, and a $100 special assessment to the Federal Crime Victims Fund
Twiss was indicted for the charge by a federal grand jury on November 16, 2016. The charge related to Twiss using her ex-husband’s name, along with his parents’ banking information, to conduct fraudulent wire transfers. Twiss electronically withdrew in excess of $20,000 from her ex-in-laws’ bank account in 2016.
This case was investigated by the U.S Postal Service. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Twiss must self-surrender to the custody of the U.S. Marshals Service on March 15, 2018.
Justice Department Settles Pregnancy Discrimination Lawsuit Against the University of BaltimoreRead the Press Release
The Justice Department today announced it has entered into a settlement agreement with the University of Baltimore (University) to resolve allegations that the University discriminated against a female employee, based upon her pregnancy, in violation of Title VII of the Civil Rights Act of 1964.
According to the Department’s complaint, the University discriminated against former employee Sarah Dechowitz on the basis of her sex (pregnancy) by first firing her and then refusing to re-hire her for a similar position. The complaint alleged that shortly after she informed management that she was pregnant, a high-level University official involved in the decisions about Ms. Dechowitz’s employment made comments indicating that her pregnancy was a motivating factor in the University’s decision to terminate her employment by eliminating her position. Approximately one week after the University notified Ms. Dechowitz that her position was being eliminated, the University advertised for a similar, newly created position. According to the complaint, the University’s decision not to re-hire Ms. Dechowitz for the similar position was because of or motivated by her pregnancy.
“The Justice Department is committed to fighting pregnancy discrimination under Title VII,” said Acting Assistant Attorney General John Gore for the Civil Rights Division. “I am pleased with the University of Baltimore’s cooperation in ensuring its compliance with the law.”
Under the terms of the settlement agreement, the University has agreed to pay $115,000 in back pay and compensatory damages to Ms. Dechowitz. In addition, the University has agreed to review and revise, if necessary, its anti-discrimination policies and procedures to ensure that it protects its employees from discrimination on the basis of sex, including pregnancy, and unlawful retaliation. The University also agreed to provide training to both new and current employees on its anti-discrimination policies and procedures.
Ms. Dechowitz initially filed a charge of sex discrimination with the Equal Employment Opportunity Commission’s Baltimore, Maryland Field Office, which investigated the matter, determined there was reasonable cause to believe discrimination had occurred, and referred the matter to the Justice Department.
Title VII is a federal statute that prohibits employment discrimination on the basis of sex (including pregnancy), race, color, national origin and religion. Title VII also prohibits retaliation against an employee who opposes an unlawful employment practice, makes a charge of discrimination or participates in an investigation, proceeding or hearing under the Civil Rights Act.
The United States is represented in this case by Civil Rights Division attorney Richard Sexton.
Additional information about Title VII and other federal employment laws is available on the website of the Employment Litigation Section of the Civil Rights Division at http://www.justice.gov/crt/ and https://www.justice.gov/crt/employment-litigation-section.
Justice Department Resolves Discrimination Claim Against Bolingbrook, Illinois, Meat Processing PlantRead the Press Release
The Justice Department today announced it has signed a settlement agreement with West Liberty Foods L.L.C., an Iowa-based meat processing business that operates a plant in Bolingbrook, Illinois, to resolve the Department’s investigation into whether the company discriminated against work-authorized immigrants when verifying their employment authorization, in violation of the Immigration and Nationality Act (INA).
The Department’s investigation revealed that West Liberty Foods routinely asked non-U.S. citizens hired at its Bolingbrook location to present specific documents, such as permanent resident cards or Employment Authorization Documents, to establish their work authority but did not make similar requests of U.S. citizens. The anti-discrimination provision of the INA prohibits employers from subjecting employees to more or different documentary demands based on employees’ citizenship, immigration status, or national origin.
Under the settlement, West Liberty Foods will pay a civil penalty of $52,100 to the United States, ensure that its human resources staff participate in department-provided training, post notices informing workers about their rights under the INA’s anti-discrimination provision, and be subject to departmental monitoring for two years.
“When verifying an employee’s work authorization, employers must ensure that they do not impose unlawful barriers based on citizenship status,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “We commend West Liberty Foods for its cooperation with the Department’s investigation, and look forward to working with the company to implement this agreement.”
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites.
Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship, immigration status or national origin, or discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee, should contact IER’s worker hotline for assistance.
Jamestown Man Sentenced on Drug 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 Barrett Johnson, 34, of Jamestown, NY, who was convicted of possession with intent to distribute MDA, also known as “Molly,” a Scheduled I controlled substance, was sentenced to 30 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that the defendant sold MDA on multiple occasions, at locations which included Johnson’s barbershop. The defendant would purchase “Molly” from co-defendant Richard Clarke and, in turn, sell the “Molly” to others, including co-defendant Joshua Castro.
Co-defendants Joshua Castro and Richard Clarke have also been convicted.
Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Border Enforcement Security Taskforce which includes the Ontario Provincial Police, Niagara Regional Police, Peel Regional Police, and Toronto Police Services.
Huntington woman pleads guilty to pain pill conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Lorie A. Mayhon, 43, entered her guilty plea to conspiracy to distribute oxycodone. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration and the West Virginia State Police.
“We’re working every day with law enforcement in Huntington to get pain pills off the streets,” said U.S. Attorney Stuart. “Pill pushers need to understand that there’s nothing but hard time waiting for those who try to sell their poison in our communities.”
Mayhon admitted that on September 15, 2017, she assisted in arranging the sale of oxycodone pills to a confidential informant working with the DEA. The drug deal was scheduled to take place at a residence on Collis Avenue in Huntington, where the informant met with Mayhon and codefendants Joseph Melbar and Curtis Holcomb to complete the transaction. After discussing the terms of the deal – 500 oxycodone pills in exchange for $20,000 cash, Mayhon and Holcomb left Melbar’s residence to pick up another codefendant to acquire the pills. After the codefendants picked up the pills, a trooper with the West Virginia State Police conducted a traffic stop on their vehicle on Artisan Avenue in Huntington. During the stop, the trooper seized 454 thirty mg oxycodone pills that Holcomb had concealed in his sock.
Mayhon faces up to 20 years in federal prison when she is sentenced on June 4, 2018. Both Melbar and Holcomb previously pled guilty for their roles in the conspiracy and each faces up to 20 years in prison. Melbar is scheduled to be sentenced on May 29, 2018. Holcomb is scheduled to be sentenced on May 7, 2018.
Assistant United States Attorney Joseph F. Adams is responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Hudson County Man Charged with Cocaine Trafficking Conspiracy Operating in Jersey CityRead the Press Release
NEWARK, N.J. – A Jersey City, New Jersey, man was charged today with conspiracy to distribute cocaine after law enforcement conducted a wiretap of his phone and found 2.5 kilograms of cocaine in his apartment, U.S. Attorney Craig Carpenito announced.
Rayfeal Roman, 34, is charged by complaint with one count of conspiracy to distribute 500 grams or more of cocaine. He was arrested on state charges last month and remains in custody; he will have his initial appearance on the federal charges later this week before U.S. Magistrate Judge Mark Falk in Newark federal court.
According documents filed in this case and statements made in court:
Since September 2017, law enforcement officers in New Jersey have been investigating a large drug distribution network involving Roman and others. The investigation included lawfully intercepted communications, as well as physical surveillance, a comprehensive review of records, and other investigative methods.
Law enforcement officers obtained a court order to intercept wire and electronic communications occurring over the cellular telephone used by Roman. Law enforcement officers intercepted numerous telephone conversations in which Roman others discussed the distribution of cocaine.
On Feb. 6-7, 2018, law enforcement officers intercepted communications between Roman and a conspirator regarding the sale of one kilogram of cocaine. The conspirator wanted to obtain the cocaine from Roman for $29,500, and that the conspirator would, in turn, be providing the cocaine to another unnamed individual. Roman directed the conspirator to go to Roman’s apartment in Jersey City in order to obtain the cocaine.
Law enforcement officers obtained and executed a search warrant for Roman’s apartment in Jersey City. They found approximately 2.5 kilograms of cocaine, approximately $30,000 in cash, and various other materials commonly used in connection with drug distribution, such as an electronic money-counting machine, a digital scale, and drug-packaging materials.
The cocaine distribution conspiracy charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison, and a $2 million fine.
U.S. Attorney Carpenito credited the Hudson County Prosecutor’s Office under the leadership of Prosecutor Esther Suarez, and special agents of the Drug Enforcement Administration, under the direction of Valerie A. Nickerson, with the investigation leading to the charge.
The government is represented by Assistant U.S. Attorney Jonathan W. Romankow of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
The charge and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Houston Woman Sentenced to Prison for Defrauding the Catholic ChurchRead the Press Release
HOUSTON – A 38-year-old Houston woman has been ordered to prison for submitting falsified fund requests to an investment adviser for the Basilian Father’s Missions of the Catholic Church (BFM), announced U.S. Attorney Ryan Patrick. Rosina K. Blanco pleaded guilty Oct. 24, 2017, to one count of wire fraud.
Today, U.S. District Judge Nancy Atlas ordered her to prison for a total of 41 months. The sentence will be immediately followed by three years of supervised release, during which time she can hold no job that has financial responsibilities or access to sensitive or confidential information. She was further ordered to pay $1,107,425.91 in restitution.
At the hearing, the court found Blanco caused more than $1 million in unauthorized transfers from BFM accounts to accounts in her name. The court also heard about the effect Blanco’s criminal behavior has had on the BFM, who offered a victim impact statement describing the deleterious effect to the relationship of trust between the BFM and its donors and noting they had likely lost donations as a result of Blanco’s scheme.
Blanco accomplished the theft by using a computer to transmit fraudulent and falsified funds transfer requests from the Southern District of Texas to the BFM investment manager in St. Louis who then unwittingly transferred more than $1 million in BFM funds.
“From a position of great trust, this woman placed greater importance on her dog than on the children many parishioners and donors worked hard to support,” said Patrick. “She decided to treat herself to designer handbags and thousands of dollars on doggy spa treatments. Brazen theft of this magnitude is disgraceful.”
The BFM is headquartered in Sugar Land and raises money in North America to support schools in Mexico and Colombia. It reports to the Congregation of St. Basil, an order of Catholic priests headquartered in Toronto, Canada. The BFM receives funding from several sources to include the Congregation of St. Basil in Canada, individual mail solicitations and mission offerings.
On Aug. 31, 2015, Blanco was hired to be the bookkeeper for the BFM. From September 2015 to October 2016, Blanco facilitated the transfer of approximately $1,107,425 from BFM accounts to her personal accounts without authorization. Instead of the funds going for mission and ministry work among disadvantaged people in Colombia and Mexico, Blanco instead used the majority of the money for personal expenses such as jewelry, furniture, luxury cars, real estate, Louis Vuitton handbags, goods and services for her dog and other luxury items.
She will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation. Assistant U.S. Attorney Belinda Beek prosecuted the case.
Houma Man Pleds Guilty to Violating the Federal Controlled Substances ActRead the Press Release
ELBERT MOORE, age 36, of Houma, Louisiana, pleaded guilty today before the Honorable Susie Morgan to a bill of information charging him with violating the Federal Controlled Substances Act, announced U.S. Attorney Duane Evans.
According to the court records, MOORE conspired to possess with the intent to distribute and to distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin, a quantity of a mixture or substance containing a detectable amount of cocaine, and a quantity of a mixture or substance containing a detectable amount of methamphetamine. MOORE admitted to being captured on a Title III wire intercept.
Sentencing is scheduled for June 8, 2018. MOORE faces a mandatory minimum term of imprisonment of at least 10 years because of a prior drug offense, up to a maximum of life, a fine of $8,000,000 and eight years of supervised release following any term of imprisonment.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration (DEA). The prosecution is being handled by Assistant United States Attorney David Haller.
Hearing Set for Thomas Lawton Evans Jr. in Federal CourtRead the Press Release
Columbia, South Carolina-------United States Attorney Beth Drake announced today that a hearing for Thomas Lawton Evans Jr., age 37, of Boiling Springs, South Carolina, has been set for Monday, March 5, 2018, at 1:30 P.M. in the federal courthouse, 85 Broad St., in Charleston, SC,
Evans has been charged in a criminal complaint out of the District of South Carolina with Kidnapping involving a person under the age of eighteen. Evans was arrested in Mississippi, and has been transported back to Charleston, South Carolina, to be arraigned in federal court on the complaint.
The case is being investigated by Special Agents with the Federal Bureau of Investigation and by the Charleston Police Department.
The United States Attorney stated that all charges are merely accusations and that the defendants are presumed innocent until and unless proven guilty.
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Georgia Man Sentenced to Seven Years in Prison for Role in Drug Trafficking ConspiracyRead the Press Release
TRENTON, N.J. – A Norcross, Georgia, man was sentenced today to 84 months in prison for his role in an international drug trafficking organization, U.S. Attorney Craig Carpenito announced.
Wilson Madrid, 32, previously pleaded guilty before U.S. District Judge Peter G. Sheridan to an information charging him with conspiracy to launder money. Judge Sheridan imposed the sentence today in Trenton federal court.
According to documents filed in these and other cases and statements made in court:
From June 2014 through November 2014, Madrid conspired with other members of an international drug trafficking organization, with cells operating in New Jersey, to launder more than $150,000 related to the distribution of heroin. In December 2014, a co-defendant, Dany Francisco-Valerio, 44, of Bronx, New York, conspired with members of the drug trafficking organization to transport and distribute kilogram quantities of heroin; on Dec. 24, 2014, he was arrested while transporting 15 kilograms of heroin contained in a hidden compartment in his vehicle. Francisco-Valerio pleaded guilty before Judge Sheridan to an information charging him with conspiracy to distribute heroin and has been sentenced to 51 months in prison.
One of their conspirators, Henry Zamora, pleaded guilty before Judge Sheridan on Aug. 31, 2017, to conspiring to distribute four kilograms of heroin that were recovered from a hidden compartment in Zamora’s vehicle. Another conspirator, Harry Madrid, pleaded guilty before Judge Sheridan on Sept. 7, 2017, to conspiring to launder more than $150,000 on behalf of the drug trafficking organization.
In addition to the prison term, Judge Sheridan sentenced Madrid to five years of supervised release.
U.S. Attorney Carpenito credited the Drug Enforcement Administration’s (DEA) New Jersey Division, under the direction of Special Agent in Charge Valerie A. Nickerson, officers of the N.J. State Police, under the direction of Superintendent Col. Patrick Callahan, and officers from the DeKalb (Illinois) Police Department, under the direction of Chief Gene Lowrey, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Thomas S. Kearney and Assistant U.S. Attorney Jamari Buxton of the U.S. Attorney’s Office Organized Crime/Gangs Unit in Newark.
Defense counsel: Mark Davis Esq., Hamilton, New Jersey
Gardner Man Pleads Guilty to Gun ChargeRead the Press Release
BOSTON – A Gardner man pleaded guilty today in federal court in Worcester to a federal firearm offense.
Edwin Labaw, 33, pleaded guilty to one count of being a felon in possession of a firearm. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for July 9, 2018. In November 2017, Labaw was arrested after being charged in a criminal complaint.
On Sept. 19, 2017, Labaw and another individual, Travis Miller, met with an undercover federal agent in Gardner and sold the agent a double-barrel 12-gauge shotgun, a 9mm Kel-Tech Sub 2000 rifle, and 11 rounds of 12-gauge shotgun ammunition in exchange for $1,200. Miller and Labaw met again with an undercover federal agent on Sept. 27, 2017, in Fitchburg and sold the agent a 7.62x39mm caliber SKS rifle, along with ammunition and magazines, in exchange for $1,800.
According to court documents, Labaw has prior felony convictions and is therefore prohibited from possessing firearms and ammunition.
Miller was also arrested in November 2018 and charged in federal court in Worcester with being a felon in possession of ammunition and with distributing fentanyl. He has a court hearing scheduled for March 22, 2018.
Labaw faces a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement today. This case was investigated with assistance from the Worcester Police Department, Gardner Police Department, Fitchburg Police Department, and Massachusetts State Police. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Fresno Man Pleads Guilty to Laser Strike on Police HelicopterRead the Press Release
FRESNO, Calif. — Michael Vincent Alvarez, 32, of Fresno, pleaded guilty today to striking Air-1, a Fresno Police Department helicopter, with a green laser beam, U.S. Attorney McGregor W. Scott announced.
According to court documents, on October 22, 2017, Alvarez struck a Fresno Police helicopter several times with a powerful green laser. The laser caused visual interference of the Tactical Flight Officer and disrupted an air support response to a domestic violence call. Alvarez was driving a vehicle on Highway 99 when he allegedly pointed the laser at the helicopter and tracked and struck it. When ground units were called to apprehend Alvarez, he drove through the streets of Fresno at a high rate of speed, eluding officers for several miles until he crashed into the center divider at First Street and Floradora Avenue. Following the crash, Alvarez ran into a residential area, jumping several fences until he was arrested in a backyard. A green laser pointer that officers found inside the driver side door pocket of Alvarez’s vehicle had a danger warning on it.
Alvarez is scheduled for sentencing on May 21, 2018, before U.S. District Judge Dale A. Drozd. Alvarez is facing a five-year sentence and a fine of $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the Federal Bureau of Investigation and Fresno Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Former Therapist Sentenced to 25 Years in Prison for Possession and Receipt of Child Pornography and Enticement of A ChildRead the Press Release
LAS VEGAS, Nev. – A former marriage and family therapist who was convicted by a jury of possession and receipt of child pornography and for soliciting a child to have sex with him was sentenced today to 300 months in prison and lifetime supervised release, announced U.S. Attorney Dayle Elieson for the District of Nevada and Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division.
Ian Alexander Pincombe, 49, of Las Vegas, was found guilty by a jury last year of one count of coercion and enticement, one count of possession of child pornography, and one count of receipt of child pornography. In addition to the prison term, he is required to register as a sex offender under the Sex Offender Registration Notification Act. United States District Judge Jennifer A. Dorsey presided over the jury trial and sentencing hearing.
“The defendant sent sexually explicit messages to someone he believed to be a 13-year-old girl and he kept a collection of violent child pornography," said U.S. Attorney Elieson. "Children deserve to be protected from child predators. The U.S. Attorney’s Office and our law enforcement partners are committed to the protection of the most vulnerable community members—our children.”
“I want to recognize the excellent work of the FBI Child Exploitation Task Force; a combined effort that exhibits the FBI’s commitment to our community and our partners,” said SAC Rouse. “Their actions removed this individual from the community where our children live.”
According to court documents, Pincombe posted an advertisement on Craigslist seeking an underage girl for sex. An undercover detective, posting as a 13-year-old girl, began communicating with Pincombe. Over the next two days, Pincombe exchanged sexually explicit emails and text messages with the girl. On May 2, 2014, law enforcement arrested Pincombe at a shopping center parking lot in Henderson, Nevada where he had agreed to meet the girl for a sexual encounter. During the execution of a search warrant at Pincombe’s residence, law enforcement recovered digital devices, including his personal cell phone, that contained more than 450 depictions of child pornography.
The case was investigated by the FBI, the Henderson Police Department, and the Internet Crimes Against Children Task Force. Assistant U.S. Attorneys Frank Coumou and Elham Roohani prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals, federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood and for information about internet safety education, visit www.usdoj.gov/psc.
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Former Newark Police Officer Indicted for Conspiracy to Defraud Newark Conservation and Development CorporationRead the Press Release
NEWARK, N.J. – A former Newark police officer was indicted by a federal grand jury today for allegedly conspiring to defraud the Newark Watershed Conservation and Development Corporation (NWCDC) and giving kickbacks to its former executive director, U.S. Attorney Craig Carpenito announced.
Janell Robinson, 42, of Newark, is charged with one count of conspiracy to defraud the NWCDC facilitated by use of mails and wire transmissions, two counts of mail fraud, and one count of conspiracy to commit extortion under color of official right affecting interstate commerce.
According to documents filed in this case:
Between March 2010 and May 2013, while Robinson was a Newark police officer, she controlled Protected and Secured Services LLC (P&S), a company that purported to provide security-consulting services to its only client, the NWCDC.
Between March 2010 and May 2013, Robinson allegedly conspired with Brashear to pay Brashear a stream of concealed and undisclosed kickbacks from the proceeds that P&S received from the NWCDC. In exchange for Brashear’s assistance with securing P&S a contract with the NWCDC and approving fraudulent and inflated invoices that Robinson submitted, Robinson paid Brashear approximately $3,000 each time P&S received payment from the NWCDC.
In total, the NWCDC paid P&S approximately $289,000 during the scheme, some of which Robinson used to pay Brashear as kickbacks.
The wire and mail fraud conspiracy, mail fraud, and conspiracy to commit extortion under color of official right charges each carry a maximum potential penalty of 20 years in prison and a $250,000 fine. The indictment also seeks forfeiture of the approximately $289,000 in ill-gotten gains obtained from the scheme.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, and IRS – Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen, with the investigation.
The government is represented by Assistant U.S. Attorneys Leslie F. Schwartz and Jacques S. Pierre of the U.S. Attorney’s Office Special Prosecutions Division.
The charges and allegations in the indictment are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Defense counsel: Cynthia H. Hardaway Esq.
Former Employee of U.S. Government Contractor in Afghanistan Pleads Guilty to Accepting Kickbacks from SubcontractorRead the Press Release
A former employee of a U.S. government contractor in Afghanistan pleaded guilty today to accepting illegal kickbacks from an Afghan subcontractor in return for his assistance in obtaining subcontracts on U.S. government contracts.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division; U.S. Attorney Byung J. Pak of the Northern District of Georgia; Special Agent in Charge John Khin of the Defense Criminal Investigative Service’s (DCIS) Southeast Field Office, Atlanta Resident Agency; Special Inspector General for Afghanistan Reconstruction (SIGAR) John F. Sopko; Director Frank Robey of the U.S. Army Criminal Investigation Command’s (CID) Major Procurement Fraud Unit (MPFU); Special Agent in Charge David J. LeValley of the FBI Atlanta Resident Agency and Special Agent in Charge Wendell W. Palmer of Air Force Office of Special Investigations (OSI), made the announcement.
Christopher McCray, 55, of Jonesboro, Georgia and Chattanooga, Tennessee, pleaded guilty to one count of accepting illegal kickbacks before U.S. District Judge Mark H. Cohen of the Northern District of Georgia. He is scheduled to be sentenced by Judge Cohen on June 14 at 10:00 a.m. EST. McCray was charged in an indictment filed on April 25, 2017 in the Northern District of Georgia with one count of conspiracy to accept kickbacks and 14 counts of accepting illegal kickbacks.
As part of his plea, McCray admitted that he was employed as the country manager for a subcontractor of an American company that was moving cargo for the Army and Air Force Exchange Service from Bagram Airfield to military bases through Afghanistan. When the prime contractor needed McCray’s employer to take a much bigger role in the distribution, McCray had the chance to influence the choice of the necessary Afghan trucking company as a subcontractor to his employer. McCray’s employer entered into a subcontract with an Afghan company but before the choice of the subcontractor was made, the Afghan trucking company secretly agreed to kick back to McCray 15 percent of the revenues it would receive on the contract, he admitted. McCray thereafter remained as the only representative of his employer in Afghanistan for the duration of the subcontract and was responsible for checking the accuracy of the invoices submitted to McCray’s employer and the quality of the Afghan company’s work, all while secretly receiving the kickbacks, he admitted.
McCray received the secret payments from December 2012 to May 2014. He and the Afghan trucking company also maintained a separate set of invoices, which showed the amounts charged to McCray’s employer and the amounts kept by the Afghan company and the amounts sent to McCray. McCray was first paid in cash, then by wires sent to his bank in Atlanta and then by Western Union payments sent to his mother, who would deposit the funds, mostly in cash, into McCray’s bank accounts, he admitted.
DCIS, SIGAR, Army CID-MPFU, the FBI and Air Force OSI investigated this matter. Trial Attorney James Gelber of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Brian Pearce of the Northern District of Georgia are prosecuting the case.
Former Defense Contractor Convicted of Unlawfully Retaining Classified InformationRead the Press Release
Weldon Marshall, 43, of the Dallas, Texas area, entered a plea today of guilty to one count of unlawfully retaining national defense information.
Assistant Attorney General for National Security John C. Demers and U.S. Attorney Ryan K. Patrick of the Southern District of Texas made the announcement.
From the early 2000s, Weldon Marshall unlawfully retained classified items while he served in the U.S. Navy and while working for a military contractor.
Marshall served in the U.S. Navy from approximately January 1999 to January 2004, during which time he had access to highly sensitive classified material, including documents describing U.S. nuclear command, control and communications. Those classified documents, including other highly sensitive documents classified at the secret level, were downloaded onto a compact disc labeled “My Secret TACAMO Stuff.” He later unlawfully stored the compact disc in a house he owned in Liverpool.
After he left the Navy, Marshall worked for various companies that had contracts with the U.S. Department of Defense. He worked for such a contractor until his arrest in January 2017. While employed with these companies, Marshall provided information technology services on military bases in Afghanistan, where he also had access to classified material. During his employment overseas, and particularly while he was located in Afghanistan, Marshall shipped hard drives to his Liverpool, Texas, home. The hard drives contained documents and writings classified at the secret level about ground operations in Afghanistan.
Marshall has held a top secret security clearance since approximately 2003 and a secret security clearance since approximately 2002.
U.S. District Judge George Hanks accepted Marshall’s plea today and set sentencing for May 21. Marshall faces up to 10 years in prison and a maximum $250,000 fine. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The actual sentence will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors. Marshall was permitted to remain on bond pending the sentencing hearing.
The Army’s 902d Military Intelligence Group and the FBI conducted the investigation. Trial Attorney Matthew Walczewski of the National Security Division’s Counterintelligence and Export Control Section, and Assistant U.S. Attorneys Andrew Leuchtmann and Alamdar Hamdani of the Southern District of Texas are prosecuting the case.
Former Defense Contractor Convicted of Unlawfully Retaining Classified InformationRead the Press Release
HOUSTON – A 43-year-old man residing in Sherman area has entered a plea of guilty to one count of unlawfully retaining national defense information, announced U.S. Attorney Ryan K. Patrick and Assistant Attorney General for National Security John C. Demers.
From the early 2000s, Weldon Marshall unlawfully retained classified items while he served in the U.S. Navy and while working for a military contractor.
Marshall served in the U.S. Navy from approximately January 1999 to January 2004, during which time he had access to highly sensitive classified material, including documents describing U.S. nuclear command, control and communications. Those classified documents, including other highly sensitive documents classified at the secret level, were downloaded onto a compact disc labeled “My Secret TACAMO Stuff.” He later unlawfully stored the compact disc in a house he owned in Liverpool.
After he left the Navy, Marshall worked for various companies that had contracts with the U.S. Department of Defense. He worked for such a contractor until his arrest in January 2017. While employed with these companies, Marshall provided information technology services on military bases in Afghanistan, where he also had access to classified material. During his employment overseas, and particularly while he was located in Afghanistan, Marshall shipped hard drives to his Liverpool home. The hard drives contained documents and writings classified at the secret level about ground operations in Afghanistan.
Marshall has held a top secret security clearance since approximately 2003 and a secret security clearance since approximately 2002.
U.S. District Judge George Hanks accepted Marshall’s plea today and set sentencing for May 21, 2018. At that time, he faces up to 10 years imprisonment and a maximum $250,000 fine. He was permitted to remain on bond pending that hearing.
The Army’s 902d Military Intelligence Group and the FBI conducted the investigation. Assistant U.S. Attorneys Andrew Leuchtmann and Alamdar Hamdani are prosecuting the case along with Trial Attorney Matthew Walczewski of the National Security Division’s Counterintelligence and Export Control Section.
Five Who Purchased and Sold Children for Sex in Oklahoma City Ordered to Serve Combined 38 Years in Prison and Pay over $635,000 in Restitution to VictimsRead the Press Release
OKLAHOMA CITY – Five defendants convicted of child sex trafficking were ordered to serve a combined 38 years in federal prison and pay over $635,000 in restitution to victims, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
According to court records, in October 2014, Maurice M. Johnson engaged in sex trafficking of two girls (aged 14 and 15) and an adult female. As soon as the 14-year-old girl was recruited, Johnson instructed her to start calling phone numbers from the escort section of the Yellow Pages to find Tonya Gay Gum, whom he knew as "Carmen." At the time, Gum operated at least twenty phone numbers listed in the escort section of the Oklahoma City Yellow Pages. The 14-year-old victim made contact with Gum and sent her photographs of herself and the adult female. After that, Gum began arranging commercial sex transactions between her established customer base (or new customers who called her phone lines) and the females under Johnson’s control. Johnson drove the girls to hotels, residences, and commercial spaces, where the customers paid in cash for sex. After each commercial sex transaction, Gum met the girls at different locations in the Oklahoma City metropolitan area to receive the proceeds, which Gum and Johnson split. They did not give any money to the victims they trafficked.
A federal grand jury indicted Johnson on December 3, 2014. He pleaded guilty to child sex trafficking on January 30, 2015, before U.S. District Judge Robin J. Cauthron. In August 2017, he was sentenced to 240 months in prison and five years of supervised release.
Gum and three customers who purchased sex with the children were indicted by a federal grand jury on June 16, 2015. On November 19, 2015, Gum pleaded guilty to conspiracy to commit child sex trafficking, also before Judge Cauthron. In August 2017, she was sentenced to 48 months in federal prison and three years of supervised release.
The three customers—William M. Baker, Trung N. Duong, and Curtis A. Anthony—purchased sex with the children in October 2014. Before their convictions, their cases went before the Tenth Circuit Court of Appeals, which held in February 2017 that they could be convicted of child sex trafficking even if they did not know or recklessly disregard a child victim’s age, so long as they had a "reasonable opportunity to view" the child victim.
On May 9, 2017, Duong pleaded guilty to conspiracy to commit child sex trafficking. On November 2, 2017, Baker also pleaded guilty to conspiracy to commit child sex trafficking. In August 2017, Judge Cauthron sentenced each of them to 24 months in federal prison, followed by five years of supervised release.
Anthony went to trial and was convicted by a federal jury on June 19, 2017, of both conspiracy to commit child sex trafficking and child sex trafficking. He was sentenced in October 2017 to 120 months in federal prison, to be followed by five years of supervised release.
All of these defendants will be required to register as sex offenders for 25 years after released from custody.
At the time of the sentencings, the court deferred a determination of restitution. Today Judge Cauthron amended the judgments and ordered all five defendants to pay $635,247 in restitution to victims, with each defendant jointly and severally liable for the full amount immediately. "Although the innocence of these children cannot be restored, we are pleased that the Court is holding the defendants responsible for paying for the future care and treatment caused by their crimes," said Acting U.S. Attorney Troester.
This case is the result of an investigation by United States Department of Homeland Security and the Oklahoma Bureau of Narcotics and Dangerous Drugs. Assistant U.S. Attorneys McKenzie Anderson and David Petermann prosecuted the case.
Five Members of “Central Divisadero Players” Gang Convicted of Various Racketeering Crimes Including MurderRead the Press Release
SAN FRANCISCO - A federal jury convicted Adrian Gordon (aka “Tit”), Charles Heard (aka “Cheese”), Esau Ferdinand (aka “Sauce”), Monzell Harding, Jr., and Jaquain Young (aka “Loc”) today of racketeering, murder, and conspiracy charges, announced Acting United States Attorney Alex Tse and FBI Special Agent in Charge John F. Bennett. The verdict follows a 14-week trial in which the jury heard evidence about the San Francisco gang referred to as Central Divisadero Players, aka Central Divis Playas, aka CDP.
“This office is 100% committed to eradicating violent gang activity from our community, for the safety of all who live and visit the Bay Area,” said Acting U.S. Attorney Tse. “The evidence produced at the trial in this case makes crystal clear why we must not flinch from pursuing this goal with all necessary resources. I want to express my sincere gratitude to the FBI, the police departments of San Francisco and San Pablo, and the San Francisco DA for their partnership, hard work, and commitment to bring these criminals to justice. I also want to acknowledge the brave victims who came forward during trial despite threats against their safety, and the well-being of their loved ones. Combatting gang violence is a dangerous endeavor, and as a community we must work together and stand tall to defeat the gangs.”
“Today marks a victory in our tireless and collective effort to rid our neighborhoods of violent gangs whose brazen activities pervade our community and threaten the safety of our citizens,” said Special Agent in Charge Bennett. “These convictions send a clear message that we are committed to dismantling dangerous criminal enterprises and will hold their members accountable for their actions.”
Gordon, 29; Heard, 33; Ferdinand, 35; Young, 44; and Harding, 26, were the first five defendants to stand trial for crimes alleged in an eleven-defendant, 22-count second superseding indictment filed on August 14, 2014. The indictment described CDP as a racketeering organization that worked collectively with other gangs in the Western Addition of San Francisco to preserve and protect power, territory, reputation, and profits of the enterprise through the use of intimidation, violence, assaults, and murder. During the trial, the jury heard evidence that the five defendants, all from San Francisco, each played a role in the racketeering conspiracy whose crimes ranged from murder to pimping. The jury concluded that the five defendants were guilty of the following specific crimes:
Defendant
Found Guilty of the Following Charges
Maximum Penalties
All Five Defendants
Racketeering conspiracy
in violation of 18 U.S.C. § 1962(d)
Life in prison and a $250,000 fine
Racketeering, including murder,
in violation of 18 U.S.C. § 1962(d)
Life in prison and a $250,000 fine
Gordon
Attempted racketeering murder of Victim 3 on May 20, 2011,
in violation of 18 U.S.C. § 1959(a)(5)
10 years in prison and a $250,000 fine
Racketeering assault with a dangerous weapon May 20, 2011,
on Victim 3, in violation of 18 U.S.C. § 1959(a)(3)
20 years in prison and a $250,000 fine
Use, carry, brandishing, or discharge of a firearm during a crime of
violence during the May 20, 2011, assault with a deadly weapon
of Victim 3, in violation of 18 U.S.C. § 924(c)
Life in prison with a mandatory minimum of 10 years in prison consecutive to every term of imprisonment for other offenses
Heard
Racketeering murder of Andre Helton on August 14, 2008, in violation of 18 U.S.C. § 1959(a)(1)
Mandatory life in prison and a $250,000 fine
Racketeering murder of Isiah Turner on August 14, 2008, in violation of 18 U.S.C. § 1959(a)(1)
Mandatory life in prison and a $250,000 fine
Use of a firearm in aid of the August 14, 2008, racketeering murders of Andre Helton and Isiah Turner, in violation of 18 U.S.C. § 924(j)(1)
Life in prison and a $250,000 fine
Young
Racketeering murder of Jelvon Helton on November 1, 2010, in violation of 18 U.S.C. § 1959(a)(1)
Mandatory life in prison and a $250,000 fine
Use, carry, brandishing, or discharge of a firearm in connection with November 1, 2010, murder in aid of racketeering of Jelvon Helton, in violation of 18 U.S.C. § 924(c)
Life in prison with a mandatory minimum of 10 years in prison consecutive to every term of imprisonment for other offenses
Use of a firearm in aid of the November 1, 2010, racketeering murder of Jelvon Helton, in violation of 18 U.S.C. § 924(j)(1)
Life in prison and a $250,000 fine
Attempting to entice and persuade an individual to travel for prostitution (from August 9, 2012, to March 11, 2013), in violation of 18 U.S.C. § 2422(a)
20 years in prison and fine of $250,000
Attempting to entice and persuade a minor to engage in prostitution (from
August 9, 2012, to March 11, 2013),
in violation of 18 U.S.C. § 2422(b)
Life in prison (10 years mandatory minimum) and fine of $250,000
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.
As described in the chart above, the jury concluded that Charles Heard murdered Andre Helton and Isiah Turner, that Jaquain Young murdered Jelvon Helton, and that Adrian Gordon attempted to murder another victim. The evidence at trial also demonstrated that the gang intimidated victims, potential victims, and community members through violence and threats of violence.
The defendants all are in custody pending sentencing. Judge Orrick has not yet scheduled a date for sentencing.
The prosecution is the result of joint investigation by the Federal Bureau of Investigation; San Francisco Police Department’s Gang Task Force, Homicide Detail, Robbery Detail, Special Victims Unit, and the Northern, Park, Southern, Central, Taraval, and Bayview Stations; San Francisco District Attorney’s Office; and the San Pablo Police Department.
Felon in Possession of a Gun Sentenced in Federal CourtRead the Press Release
United States Attorney Richard Moore of the Southern District of Alabama announced that Sylvester Horn, 46, of Mobile, was sentenced in federal court on the charge of being a felon in possession of a firearm. At the time the gun was discovered in Horn’s possession, he was on federal supervision for a previous federal conviction for attempt to possess with intent to distribute cocaine. He was convicted on that charge in 2009, and served a sentence of 96 months in prison. When Horn was released from prison, he was placed on supervision by the United States Probation office in Mobile, Alabama. He had served two years of a five-year term of supervision when his possession of the gun was discovered. Horn pled guilty to the felon in possession charge in November of 2017. He was also charged with a violation of the terms of his supervised release.
United States District Court Judge Kristi Dubose sentenced Horn to 24 months’ imprisonment, to be followed by another three-year term of supervised release. The judge ordered that sentences on the revocation and on the new case will be served concurrently. Horn will undergo treatment for drug abuse and receive mental health counseling while in prison and as a condition of his supervised release. No fine was imposed, however the judge ordered that Horn pay the $100 special mandatory assessment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Epsom Man Sentenced to 78 Months for Firearm and drug Trafficking ChargesRead the Press Release
CONCORD - Eric Collins, 44, of Epsom, was sentenced to serve 78 months in prison for firearms and drug trafficking offenses, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, in February of 2017, Concord police officers executed a search warrant for the defendant’s vehicle and recovered two firearms, over $7,500 in cash and various controlled substances, including fentanyl and methamphetamine. As part of the defendant’s plea agreement, he agreed to forfeit his interest in the cash and firearms.
Collins previously pleaded guilty on November 21, 2017, to using and carrying a firearm during and in relation to a drug trafficking crime and possession of controlled substances with intent to distribute.
This matter was investigated by the Concord Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case was prosecuted by Assistant U.S. Attorney Georgiana L. Konesky.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Detroit man sentenced to federal prison for heroin crimeRead the Press Release
HUNTINGTON, W.Va. – A Detroit man who was part of a group selling heroin in Huntington in 2015 was sentenced today to three years and 10 months in federal prison, announced United States Attorney Mike Stuart. Marquis Tamal Quinton Evans, 26, previously pleaded guilty to possession with intent to distribute 100 grams or more of heroin. U.S. Attorney Stuart commended the investigative efforts of the Huntington FBI Drug Task Force.
“These Detroit drug thugs only learn the hard way,” said U.S. Attorney Stuart. “We will work with law enforcement until drug criminals figure out that selling heroin in Huntington gets you a one way ticket behind bars.”
Between July and October of 2015, Evans and others distributed heroin that was transported from Michigan to the Huntington area. On October 5, 2015, the Huntington FBI Drug Task Force conducted a search at 1826 Old 16th Street Road in Huntington. Agents located Evans inside the residence, as well as two other individuals. During the search, agents seized approximately 300 grams of heroin and over $51,000 in cash. Evans admitted that he and the other individuals intended to sell the heroin.
Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by United States District Judge Robert C. Chambers.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Department of Justice’s Antitrust Division Announces New Roundtable Series on Competition and DeregulationRead the Press Release
The Department of Justice’s Antitrust Division will hold a series of three public roundtable discussions to explore the relationship between competition and regulation, and its implications for antitrust enforcement policy. The first roundtable will occur on Wednesday, March 14, 2018 in the Great Hall of the Robert F. Kennedy Department of Justice Building, 950 Pennsylvania Avenue, NW, Washington, D.C. from 10:00 a.m. to 1:00 p.m. EST. The tentative agenda of the first roundtable can be found below.
The series of roundtable discussions will help the Department pursue effective and appropriate competition policy and identify related regulatory burdens on the American economy. The first roundtable will examine exemptions and immunities from the antitrust laws, and their impact on the free market and consumers. It will also include a discussion of the appropriate role of the state action doctrine in light of the broader federal policy favoring competition in interstate commerce.
“Our nation’s antitrust laws contribute to a well-functioning free market economy, and appropriate enforcement minimizes the need for burdensome regulatory intervention in the free markets,” said Assistant Attorney General Makan Delrahim. “Broad, bipartisan agreement for over half a century recognizes that the unrestrained interaction of competitive forces yields the best allocation of economic resources, the lowest prices, the highest quality, and the most innovation. I look forward to a robust exchange of ideas on these important topics.”
The roundtables will provide a forum for industry participants, academics, think tanks, and other interested parties to discuss the economic and legal analyses of competition and deregulation. The Antitrust Division plans to invite panelists from a variety of organizations, including American Antitrust Institute, American Bar Association Section of Antitrust Law, American Enterprise Institute, Association of Corporate Counsel, Business Roundtable, Cato Institute, Consumers Union, Federalist Society, Heritage Foundation, National Association of Attorneys General, Open Markets Institute, Public Knowledge, and the U.S. Chamber of Commerce.
The Department of Justice welcomes comments in advance of each of the roundtables. The Department will accept public comments (not to exceed 20 pages) regarding the first roundtable until March 13, 2018. Interested parties may submit comments to: [email protected]. Submitted comments will be made publicly available on the Department of Justice website.
The second roundtable, which will focus on antitrust consent decrees, will be held on April 26, 2018. The third roundtable will be held on May 31, 2018, and will assess the consumer costs of anticompetitive regulations. Agendas for upcoming roundtables will be posted on the Department of Justice website, along with instructions for submitting public comments for those roundtables.
The roundtables will be open to the public. Individuals wishing to attend must register for each roundtable on the Department’s website, at http://www.justice.gov/atr/CompReg/.
Reasonable accommodations for people with disabilities are available upon request. Requests should be submitted via email to Jeremy Edwards in the Office of Public Affairs at [email protected] or by calling 202-307-2016. Requests should be made in advance. Please include a detailed description of the accommodation needed and provide contact information.
Decatur Man Sentenced to 60 Years in Prison for Hobbs Act Robbery, Conspiracy, and Firearms ChargesRead the Press Release
URBANA, Ill. – Matthew J. Higgins-Vogt, 25, of Decatur, Ill., was sentenced today to 60 years in prison for his role in an armed robbery of a Decatur Circle K convenience store and the murder of a 19-year-old Decatur woman, in April 2015. A jury convicted Higgins-Vogt’s co-conspirator Kelton Snyder in April 2016. On Oct. 24, 2016, Snyder was sentenced to life in federal prison.
On Oct. 30, 2017, Higgins-Vogt admitted that on April 3, 2015, he and Kelton Snyder robbed the Circle K convenience store at 1685 S. Baltimore in Decatur, and took money, including the contents of the cash register, and alcohol, while Snyder brandished a 12-gauge shotgun. Related to the conspiracy to commit the armed robbery, Higgins-Vogt admitted that he shot and killed Paige Mars on April 5, 2015, because he and Snyder did not want Mars to alert law enforcement about the robbery. Mars had driven the two men to the convenience store, waited in the car while they committed the robbery, and then drove them away.
According to evidence presented by the government, after the robbery, Mars learned of past violence by Snyder, and questioned him about it. Snyder and Higgins-Vogt became concerned that Mars would tell law enforcement that they had committed the robbery. The two men determined that Higgins-Vogt would kill Mars because Snyder and Mars had a brief personal relationship and they believed that law enforcement would suspect Snyder.
Assistant U.S. Attorney Jason Bohm prosecuted the case. The Decatur Police Department and FBI conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Macon County Sheriff’s Office.
Higgins-Vogt has been in the custody of the U.S. Marshals Service since his initial appearance in federal court on Feb. 17, 2017. Higgins-Vogt was previously in the custody of the Macon County Sheriff’s Office since his arrest on state charges on April 8, 2015.
Connecticut Business Owners Admit to Profiting from Unlawful Exports to PakistanRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MUHAMMAD ISMAIL, 67, of Meriden, and KAMRAN KHAN, 38, of Hamden, pleaded guilty today in Bridgeport federal court to money laundering in connection with funds they received for the unlawful export of goods to Pakistan. A third defendant, Imran Khan, 43, of North Haven, previously pleaded guilty to violating U.S. export laws.
According to court documents and statements made in court, from at least 2012 to December 2016, Ismail, and his two sons, Kamran and Imran Khan, were engaged in a scheme to purchase goods that were controlled under the Export Administration Regulations (“EAR”) and to export those goods without a license to Pakistan, in violation of the EAR. Through companies conducting business as Brush Locker Tools, Kauser Enterprises-USA and Kauser Enterprises-Pakistan, the three defendants received orders from a Pakistani company that procured materials and equipment for the Pakistani military, requesting them to procure specific products that were subject to the EAR. When U.S. manufacturers asked about the end-user for a product, the defendants either informed the manufacturer that the product would remain in the U.S. or completed an end-user certification indicating that the product would not be exported.
After the products were purchased, they were shipped by the manufacturer to the defendants in Connecticut. The products were then shipped to Pakistan on behalf of either the Pakistan Atomic Energy Commission (“PAEC”), the Pakistan Space & Upper Atmosphere Research Commission (“SUPARCO”), or the National Institute of Lasers & Optronics (“NILOP”), all of which were listed on the U.S. Department of Commerce Entity List. The defendants never obtained a license to export any item to the designated entities even though they knew that a license was required prior to export. The defendants received the proceeds for the sale of export controlled items through wire transactions from Value Additions’ Pakistan-based bank account to a U.S. bank account that the defendants controlled.
Ismail and Kamran Khan each pleaded guilty to one count of international money laundering, for causing funds to be transferred from Pakistan to the U.S. in connection with the export control violations. In pleading guilty, Ismail and Kamran Khan specifically admitted that, between January and July 2013, they procured, received and exported to SUPARCO, without a license to do so, certain bagging film that is used for advanced composite fabrication and other high temperature applications where dimensional stability, adherence to sealant tapes and uniform film gage are essential. The proceeds for the sale of the bagging film was wired from Pakistan to the defendants in the U.S.
When they are sentenced, Ismail and Kamran Khan face a maximum term of imprisonment of 20 years. Since the time of their arrests in December 2016, Ismail has been released on a $50,000 bond, and Kamran Khan has been released on a $100,000 bond.
Ismail and Kamran Khan are both citizens of Pakistan and lawful permanent residents of the U.S.
On June 1, 2017, Imran Khan pleaded guilty to one count of violating the International Emergency Economic Powers Act. In pleading guilty, KHAN specifically admitted that, between August 2012 and January 2013, he procured, received and exported to PAEC an Alpha Duo Spectrometer without a license to do so. He is released on a $100,000 bond pending sentencing.
This matter is being investigated by the Defense Criminal Investigative Service, Federal Bureau of Investigation, Homeland Security Investigations, U.S. Postal Inspection Service and the U.S. Department of Commerce’s Office of Export Enforcement. The case is being prosecuted by Assistant U.S. Attorneys Jacabed Rodriguez-Coss and Stephen B. Reynolds, in coordination with Trial Attorney Scott McCulloch of the Justice Department’s Counterintelligence and Export Control Section (CES).
Conference on Mobilizing Law Enforcement to Defeat ISIS ConcludesRead the Press Release
On February 28, 2018, the International Conference on Mobilizing Law Enforcement Efforts to the Defeat Islamic State of Iraq and Syria or Islamic State of Iraq and al-Sham (ISIS) concluded in Washington, D.C. The two-day conference, co-sponsored by the U.S. Department of State, INTERPOL, and the International Institute for Justice and the Rule of Law (IIJ), brought together justice and law enforcement officials and their diplomatic counterparts, responsible for addressing counterterrorism issues from approximately 90 countries and organizations. According to the State Department, the conference would “build on our existing strategy and lay the foundation for the next phase in our effort as we work to confront the evolving ISIS threat.” INTERPOL Washington—the U.S. National Central Bureau—was instrumental in facilitating this event and is leading the sharing of information on Foreign Terrorist Fighters (FTFs) through INTERPOL’s Notice and Diffusion systems.
The first day of the conference featured a speech by the Department of State Coordinator for Counterterrorism, Ambassador Nathan A. Sales, during which he shared an overview of what the United States has been doing to counter ISIS using law enforcement and other civilian capabilities. He announced Secretary of State Rex Tillerson’s decision to give terrorist designations to seven ISIS-affiliated groups and two ISIS-affiliated leaders. Sales called for prosecuting FTFs, collecting and using battlefield evidence, updating laws to more effectively target the threat, implementing tougher border screening and more robust information-sharing within governments and among them, and designating and sanctioning ISIS affiliates and financiers to cut off the flow of money. Read his full remarks here.
Conference breakout sessions addressed subjects such as: Evidence Collection and Prosecutions, Institutional Reform, De-Radicalization and Reintegration, Legal Frameworks, Information Sharing, Tracking Foreign Terrorist Fighters Financial Data, and Preventing Homegrown Terrorism. The conference also sought to identify actions designed to help countries to disrupt potential attacks and to strengthen unity of purpose among the participants.
Ambassador Sales ended of the conference by hosting a teleconference with reporters during which he recapped highlights of the conference and answered questions. A transcript of the teleconference is here.
Columbia Man Sentenced to 51 years on Drug and Gun ChargesRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Emanuel Alexander Cheeseboro, a/k/a “Mandoo” was sentenced in federal court in Columbia, South Carolina, for six (6) counts of possession with the intent to distribute a quantity of crack cocaine, a violation of 21 U.S.C. § 841(a)(1), two (2) counts of felon in possession of a firearm, a violation of 18 U.S.C. § 922(g)(1), two (2) counts of possession of a firearm in furtherance of a drug trafficking crime, a violation of 18 U.S.C. § 924(c), and one (1) count of possession of a quantity of marijuana, a violation of 21 U.S.C. § 844(a). United States District Judge Joseph F. Anderson, Jr., of Columbia, sentenced Cheeseboro to 622 months (51.8 years) incarceration followed by 6 years of supervised release. Cheeseboro was also fined $5,000 and has to pay an $1100 special assessment.
Evidence presented during the trial established that after numerous complaints from citizens, ATF and the Columbia Police Department began investigating drug dealing in the Martin Luther King Park area of Columbia. Law enforcement made multiple undercover purchases of crack cocaine from Cheeseboro in the spring of 2014. These purchases took place at different houses in the MLK Park area. In each case, Cheeseboro was captured on video selling the undercover police officer crack cocaine. During one purchase, Cheeseboro bragged about and displayed a 9mm Taurus firearm with a laser that he kept during nighttime drug purchases.
Pursuant to a search warrant executed during the investigation at a house where Cheeseboro was present, police found crack cocaine, marijuana, and scales. Law enforcement was also able to locate a firearm sometime after the search warrant that they were able to link to Cheeseboro, a convicted felon.
On June 8, 2016, CPD officers detained Cheeseboro and a female who were both located in a vehicle at a residence in Columbia, known as “the Hole.” During their investigation and search of the car, officers found a Smith and Wesson .38 caliber pistol under the driver’s seat, a quantity of crack cocaine on the female driver, and a quantity of marijuana in the trunk of the car. According to the female occupant, Cheeseboro asked her to hide the crack cocaine on her person and shoved the gun under her seat when the police arrived.
The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Columbia Police Department. Assistant United States Attorneys William K. Witherspoon and Alyssa Richardson of the Columbia office prosecuted the case.
This case was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project Ceasefire is South Carolina’s continued application 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.
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Cohoes Man Charged with Producing Child PornographyRead the Press Release
ALBANY, NEW YORK – George Muzio, Jr., age 36, of Cohoes, New York, was arraigned Friday on a superseding indictment charging him with the production of child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
The superseding indictment alleges that in 2014 and 2015, Muzio sexually exploited two child victims, ages 11 and 13, for the purposes of producing child pornography. Muzio also faces charges of distributing and possessing child pornography, for which he was originally indicted in February 2017. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
At a detention hearing on Friday, United States Magistrate Judge Daniel J. Stewart ordered Muzio detained pending trial.
If convicted of producing child pornography, Muzio faces at least 15 years and up to 30 years in prison per count of conviction. If convicted of distributing child pornography, Muzio faces at least 5 years and up to 20 years in prison per count. The Court may also impose a fine of up to $250,000, and must impose a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
If convicted, Muzio would also be required to register as a sex offender.
This case is being investigated by Homeland Security Investigations (HSI) and prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.
This case is prosecuted as a part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Citizen of the Dominican Republic Sentenced to 42 Months in Prison for Role in Heroin Trafficking RingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MODESTO BARETT-MEDINA, 49, a citizen of the Dominican Republic, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 42 months of imprisonment, followed by three years of supervised release, for his role in a heroin trafficking ring.
According to court documents and statements made in court, on October 21, 2016, the Baldwin County Sheriff’s Office in Alabama conducted a motor vehicle stop of a car hauler that was carrying a 2012 Chevrolet Malibu. A search of the Malibu, which was registered to Onel Arana-Gervacio, revealed that it contained a hidden compartment (“trap”), which is commonly used to conceal and transport illegal contraband, including narcotics, firearms and currency. Law enforcement officials obtained court authorization to install tracking devices on the vehicle and, between October 2016 and January 2017, HSI agents observed it at various locations in Connecticut and Rhode Island.
On January 17, 2017, agents located the vehicle at 1091 Maple Avenue in Hartford. On January 20, surveillance officers observed activity on another vehicle located at the Maple Avenue residence consistent with manipulating a mechanical hidden compartment. Officers then observed Arana placing two duffel bags into that second vehicle and then driving off in the vehicle with BARETT. At approximately 8:30 p.m., a Hartford Police cruiser pulled the car over. The vehicle also contained a hidden trap, but a search revealed no contraband.
A subsequent search of 1091 Maple Avenue revealed more than six kilograms of heroin, approximately 500 grams of cocaine and a “finger press,” which is used to process bulk quantities of heroin into 10-gram-bags known as “fingers.” Agents also seized drug distribution materials, including sifters, grinders, scales, vacuum sealers and kilo wrappers, which were coated in heroin residue and field-tested positive for the presence of fentanyl.
Agents then searched the Malibu, which was located in the garage of 1091 Maple Avenue, and recovered approximately $260,000 in cash from inside the trap.
Laboratory testing of the seized heroin revealed that some of it contained fentanyl.
BARETT has been detained since his arrest on January 20, 2017. On September 8, 2017, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, heroin.
BARETT faces immigration proceedings when he completes his prison term.
Arana, who pleaded guilty to related charges, awaits sentencing.
This matter has been investigated by Homeland Security Investigations (HSI), the Hartford Police Department and the Connecticut State Police, with the assistance of the Baldwin County (Ala.) Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorneys Michael J. Gustafson and David T. Huang.
Chicago man sentenced to over four years in federal prison for role in drug conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Chicago man was sentenced today to four years and a month in federal prison for his role in a drug trafficking conspiracy, announced United States Attorney Mike Stuart. Richard Fleming previously pleaded guilty to aiding and abetting the attempted distribution of 100 kilograms or more of marijuana. A total of 15 other individuals were successfully prosecuted as a result of the investigation. Additionally, law enforcement seized over a million dollars in drug proceeds and an airplane belonging to this drug trafficking organization.
U.S. Attorney Stuart commended the cooperative investigative efforts of several agencies, including the Putnam County Sheriff’s Department, the Metropolitan Drug Enforcement Network Team, the Muskingum County Sheriff’s Department in Ohio, the Lawrence County Sheriff’s Department in Ohio, the United States Marshals Service, the Kentucky State Police, the Indiana State Police, the Huntington Police Department, and the Policia Federal Ministerial of Mexico. U.S. Attorney Stuart further commended several Drug Enforcement Administration agents for their investigation this case, including agents from Charleston, Columbus, Phoenix, Tucson, Chicago, Denver, and Hermosillo, Mexico.
“Drug criminals who think they can avoid prison by fleeing the country are dead wrong. If you run, we will work with our law enforcement partners to hunt you down and bring you to justice,” said U.S. Attorney Stuart. “Public safety is a top priority of my office, and we will take whatever measures are necessary to ensure that drug traffickers get the punishment they deserve.”
Fleming admitted that he traveled to Putnam County on March 12, 2010, to pick up approximately $600,000 of drug proceeds from a March 5, 2010, shipment of over 300 kilograms of marijuana on behalf of a drug trafficking organization operating out of Arizona and Mexico. Unbeknownst to Fleming and the drug trafficking organization, law enforcement intercepted the marijuana before it could be delivered. When Fleming arrived in Putnam County to pick up the cash, he actually met with an undercover officer who provided him with a duffel bag he represented contained approximately $600,000 in drug proceeds. Fleming then left the area and began travelling back to provide the money to other members of the drug trafficking organization. A traffic stop was conducted on Fleming’s vehicle in Kentucky and the duffel bag was recovered.
Fleming was originally charged in July 2010 and released on bond. On September 7, 2011, he failed to appear for his trial and a bench warrant was issued for his arrest. Fleming remained a fugitive until he was arrested in Mexico in August 2017. He admitted that he fled the United States to avoid prosecution in this case.
Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. United States District Judge Robert C. Chambers imposed the sentence.
This case was brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Brazilian National Pleads Guilty to ATM SkimmingRead the Press Release
BOSTON – A Brazilian national pleaded guilty today in federal court in Boston to charges of ATM skimming in the Boston area and North Shore.
Helisson Benazi de Souza, 38, pleaded guilty to one count of using counterfeit access devices (debit cards); one count of possessing 15 or more counterfeit access devices (debit cards); three counts of possessing device-making equipment (ATM skimming devices); one count of illegal transactions with an access device (other persons’ debit cards); and two counts of aggravated identity theft. U.S. District Court Judge William G. Young scheduled sentencing for June 19, 2018.
Benazi de Souza was part of an ATM skimming operation in which he stole the debit card information and personal identification numbers (PIN) of legitimate bank account holders when they used their debit cards at ATMs. Skimming devices made to look like legitimate card access slots were used to record the account information on the magnetic stripes of the debit cards, while secret pinhole cameras recorded the cardholders entering their PINs on the keypads. The stolen account information was then saved on blank plastic cards, including gift cards and hotel key cards, making “clones” of the legitimate debit cards. Benazi de Souza used such cloned cards, and the corresponding PINs, to withdraw $43,000 from ATMs in the Metro Boston area in May 2017.
Benazi de Souza was arrested in May 2017, after law enforcement was alerted by a bank’s fraud investigator. The investigator discovered that someone was making a number of withdrawals that day at three ATMs in Lynn from bank accounts that the investigator knew had been compromised. When police searched Benazi de Souza’s car, they discovered thousands of dollars in cash, all in $20 bills. They also found over 200 gift cards and hotel key cards containing small stickers. Benazi de Souza admitted that the numbers written on the stickers were cardholders’ PINs.
Before the arrest, surveillance video from banks in Malden and Saugus showed an unknown man installing and removing skimming devices and pinhole cameras at the banks’ ATMs. Benazi de Souza admits to being that man.
The charge of aggravated identity theft provides for a mandatory sentence of two years in prison, up to one year of supervised release, and a fine of up to $250,000. The charge of using counterfeit access devices provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. The charge of possessing 15 or more counterfeit access devices provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. The charge of possessing device-making equipment provides for sentence of no greater than 15 years in prison, three years of supervised release, and a fine of $250,000. The charge of illegal transactions with an access device provides for a sentence of no greater than 15 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Stephen A. Marks, Special Agent in Charge of the U.S. Secret Service, Boston Field Office; and Lynn Police Chief Michael A. Mageary made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
Biloxi Physician Convicted for Role in $3 Million Compounding Pharmacy Fraud SchemeRead the Press Release
WASHINGTON – A federal jury found a Biloxi, Mississippi physician guilty Friday for his role in an approximately $3 million compounding pharmacy fraud scheme.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division; U.S. Attorney D. Michael Hurst Jr. of the Southern District of Mississippi; Special Agent in Charge Christopher Freeze of the FBI’s Jackson, Mississippi, Field Division and Acting Special Agent in Charge Ted Magee of Internal Revenue Service Criminal Investigation’s (IRS-CI) New Orleans Field Office made the announcement.
Albert Diaz, M.D., 78, was convicted of one count of conspiracy to commit health care fraud and wire fraud, four counts of wire fraud, one count of conspiracy to distribute and dispense a controlled substance, four counts of distributing and dispensing a controlled substance, one count of conspiracy to falsify records in a federal investigation and five counts of falsification of records in a federal investigation following a five-day trial. Sentencing has been scheduled for May 22, 2018 before U.S. District Judge Keith Starrett of the Southern District of Mississippi, who presided over the trial.
“Communities place extraordinary trust in medical professionals,” said Acting Assistant Attorney General Cronan. “It is therefore particularly egregious when a physician compromises that trust, as Albert Diaz did when he played a pivotal role in causing millions of dollars in loss to our country’s health care programs. The prosecution of Albert Diaz exemplifies the Criminal Division’s commitment to holding those involved in fraud schemes accountable for their actions.”
“When individuals defraud our military’s healthcare system TRICARE, harming the health and welfare of our men and women in uniform, they will be met with swift prosecution, severe punishment and the loss of their illicit gains,” said U.S. Attorney Hurst. “I applaud the tireless and determined work of these investigators and prosecutors in securing justice in this case. Justice prevailed and justice will continue to roll.”
“In the past five years, health care fraud schemes have cost Mississippi taxpayers hundreds of millions of dollars,” said Special Agent in Charge Freeze. “Today’s verdict should send a strong message that the FBI will continue to expose and investigate those who exploit our health care system at the expense of the taxpayer, and especially physicians who contribute to addiction by prescribing unnecessary controlled substances.”
“The jury found Dr. Albert Diaz guilty of conspiracy to commit healthcare fraud, which sent a message to all criminals seeking to defraud insurance companies – we’re on to you and will hold you responsible for your crimes,” said Acting Special Agent in Charge Magee. “Dr. Diaz’s scheme to steal from TRICARE and other insurance companies not only cost the American taxpayers, but put the lives of his patients in danger.”
According to evidence presented at trial, between October 2014 and December 2015, Diaz participated in a scheme to defraud TRICARE and other insurance companies by prescribing medically unnecessary compounded medications, some of which included ketamine, a controlled substance, to individuals he had not examined. The evidence further demonstrated that, based on the prescriptions signed by Diaz, Advantage Pharmacy in Hattiesburg, Mississippi dispensed these medically unnecessary compounded medications and sought and received reimbursement from TRICARE and other insurance companies totaling more than $3 million. The trial evidence further demonstrated that in response to a TRICARE audit, Diaz falsified patient records to make it appear as though he had examined patients before prescribing the medications.
The FBI, IRS-CI, the Defense Criminal Investigative Service, the U.S. Department of Health and Human Services Office of Inspector General, the Mississippi Bureau of Narcotics and other government agencies investigated the case. Trial Attorneys Kate Payerle and Jared Hasten of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Mary Helen Wall of the Southern District of Mississippi are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.
Biloxi Physician Convicted for Role in $3 Million Compounding Pharmacy Fraud SchemeRead the Press Release
A federal jury found a Biloxi, Mississippi physician guilty Friday for his role in an approximately $3 million compounding pharmacy fraud scheme.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division; U.S. Attorney D. Michael Hurst Jr. of the Southern District of Mississippi; Special Agent in Charge Christopher Freeze of the FBI’s Jackson, Mississippi, Field Division and Acting Special Agent in Charge Ted Magee of Internal Revenue Service Criminal Investigation’s (IRS-CI) New Orleans Field Office made the announcement.
Albert Diaz, M.D., 78, was convicted of one count of conspiracy to commit health care fraud and wire fraud, four counts of wire fraud, one count of conspiracy to distribute and dispense a controlled substance, four counts of distributing and dispensing a controlled substance, one count of conspiracy to falsify records in a federal investigation and five counts of falsification of records in a federal investigation following a five-day trial. Sentencing has been scheduled for May 22, 2018 before U.S. District Judge Keith Starrett of the Southern District of Mississippi, who presided over the trial.
“Communities place extraordinary trust in medical professionals,” said Acting Assistant Attorney General Cronan. “It is therefore particularly egregious when a physician compromises that trust, as Albert Diaz did when he played a pivotal role in causing millions of dollars in loss to our country’s health care programs. The prosecution of Albert Diaz exemplifies the Criminal Division’s commitment to holding those involved in fraud schemes accountable for their actions.”
“When individuals defraud our military’s healthcare system TRICARE, harming the health and welfare of our men and women in uniform, they will be met with swift prosecution, severe punishment and the loss of their illicit gains,” said U.S. Attorney Hurst. “I applaud the tireless and determined work of these investigators and prosecutors in securing justice in this case. Justice prevailed and justice will continue to roll.”
“In the past five years, health care fraud schemes have cost Mississippi taxpayers hundreds of millions of dollars,” said Special Agent in Charge Freeze. “Today’s verdict should send a strong message that the FBI will continue to expose and investigate those who exploit our health care system at the expense of the taxpayer, and especially physicians who contribute to addiction by prescribing unnecessary controlled substances.”
“The jury found Dr. Albert Diaz guilty of conspiracy to commit healthcare fraud, which sent a message to all criminals seeking to defraud insurance companies – we’re on to you and will hold you responsible for your crimes,” said Acting Special Agent in Charge Magee. “Dr. Diaz’s scheme to steal from TRICARE and other insurance companies not only cost the American taxpayers, but put the lives of his patients in danger.”
According to evidence presented at trial, between October 2014 and December 2015, Diaz participated in a scheme to defraud TRICARE and other insurance companies by prescribing medically unnecessary compounded medications, some of which included ketamine, a controlled substance, to individuals he had not examined. The evidence further demonstrated that, based on the prescriptions signed by Diaz, Advantage Pharmacy in Hattiesburg, Mississippi dispensed these medically unnecessary compounded medications and sought and received reimbursement from TRICARE and other insurance companies totaling more than $3 million. The trial evidence further demonstrated that in response to a TRICARE audit, Diaz falsified patient records to make it appear as though he had examined patients before prescribing the medications.
The FBI, IRS-CI, the Defense Criminal Investigative Service, the U.S. Department of Health and Human Services Office of Inspector General, the Mississippi Bureau of Narcotics and other government agencies investigated the case. Trial Attorneys Kate Payerle and Jared Hasten of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Mary Helen Wall of the Southern District of Mississippi are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.
Bastrop woman pleads guilty to stealing more than $40,000 in Social Security benefitsRead the Press Release
MONROE, La. – United States Attorney Alexander C. Van Hook announced today that a Bastrop woman pleaded guilty to stealing more than $40,000 in Social Security Administration (SSA) benefits.
Katie Marie Day, 40, of Bastrop, La., pleaded guilty before U.S. Magistrate Judge Karen L. Hayes to one count of theft of government property. The plea will become final when accepted by U.S. District Judge S. Maurice Hicks Jr. According to the guilty plea, Day married her husband in February of 2000. She applied for SSA disability benefits in August of 2009 and claimed that she was separated from her husband. If she had claimed to still be living with her husband, their combined income would have been too high for Day to receive the benefit payments. Day’s husband passed away in September of 2016. During an interview following her husband’s death, Day told SSA district office staff on January 9, 2017 in Monroe that she had in fact been living with her husband off and on since their marriage. This caused SSA to overpay Day $40,569 from October 2009 to September 2016.
Day faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set a sentencing date of June 13, 2018.
The Social Security Administration-Office of Inspector General conducted the investigation. Assistant U.S. Attorney Tennille M. Gilreath is prosecuting the case.
Saturday 3 March 2018
Winner Man Charged with Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Winner, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Michael Lovejoy, Jr., age 35, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum of at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between May 28, 2017, and September 17, 2017, Lovejoy, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under state law, knowingly failed to register and update his registration.
The charge is merely an accusation and Lovejoy is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Lovejoy was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Man Charged with Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Person Incapable of Consent.
Gregory Laroche, Sr., age 52, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 23, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, mandatory minimum of 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 14, 2017, Laroche knowingly engaged in, and attempted to engage in, a sexual act with a female victim, who at the time was incapable of appraising the nature of the conduct and was physically incapable of declining participation in and communicating her unwillingness to engage in the sexual act, and Laroche knew she was incapacitated.
The charge is merely an accusation and Laroche is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Laroche was released on bond pending trial. A trial date has not been set.