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Thursday 1 March 2018
Paris Man Sentenced for Drug Trafficking and Firearm OffenseRead the Press Release
LEXINGTON, Ky. — Bryant A. Holman, 25, of Paris, Ky., was sentenced by Chief United States District Judge Karen K. Caldwell, for conspiring to distribute cocaine base (crack cocaine) and for being a felon in possession of a firearm. Holman was sentenced to 60 months’ imprisonment for each offense, to run concurrently. Holman’s sentencing occurred on February 28, 2018.
Holman previously admitted to conspiring with others to distribute crack cocaine in Harrison and Bourbon Counties, beginning in March 2015 and continuing through September 2016. During the investigation, officers found Holman in possession of a Jimenez .380 caliber semiautomatic pistol and a Hi-Point 9 mm semiautomatic pistol. Holman is a convicted felon and prohibited from possessing a firearm. Holman pleaded guilty to the charges on November 9, 2017.
Under federal law, Holman must serve 85 percent of his prison sentence, and, upon release, will be under the supervision of the United States Probation Office for a period of 5 years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart J. Lowery, Special Agent in Charge, ATF; and Richard Sanders, Commissioner of the Kentucky State Police, and Shain Stephens, Sheriff, Harrison County, Kentucky, jointly announced the sentence.
ATF and Kentucky State Police conducted the investigation. Assistant United States Attorney Lauren Tanner Bradley represented the United States in the case.
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.
Olean Man Pleads Guilty to Bank FraudRead 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 Joseph Stevens, 53, of Olean, NY, pleaded guilty, before U.S. District Judge Elizabeth A. Wolford, to bank fraud and tax evasion. The charge carries a maximum penalty of 30 years in prison and a $1,000,000.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that in August 2012, the defendant, a Certified Public Accountant (CPA), was hired by a business owner to handle all of the bookkeeping responsibilities for his business. Responsibilities included paying vendors, employee payroll, and personal and business tax return preparation. In order to perform the accounting duties, Stevens was given access to the business’ bank account information for the business owner’s two business accounts at a Five Star Bank branch in Warsaw, NY.
Beginning in early 2016, the defendant began to notify the business owner that the business was not doing well financially. For instance, a $30,000.00 line of credit at Five Star Bank was maxed out without authorization. When questioned about the line of credit, Stevens told the business owner that the business was not generating enough revenue. Also, sometime in 2016, the business owner received a letter from the Internal Revenue Service stating that his 2015 taxes had not been paid. When the business owner questioned the defendant, Stevens again stated that the business was not generating enough revenue.
In September 2016, the business owner realized that monthly statements for the Five Star Bank accounts were no longer being received at the business owner’s office. On March 24, 2017, the business owner went to the bank branch to review the business accounts activity.
Between August 2012 and April 2017, Stevens made approximately $342,700.00 in unauthorized electronic withdrawals from the business owner’s accounts to his personal accounts and forged approximately 39 checks, made payable to himself, in the amount of $87,800.
In addition, the defendant failed to file an income tax return for 2015 result in a loss of $53,296.00 to the IRS and also failed to file an income tax return for 2014 resulting in a tax loss of $29,186.00.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski of the Boston Division.
Sentencing is scheduled for June 7, 2018 at 2:00 p.m. before Judge Wolford.
Okmulgee Man Sentenced to 210 Months for Possession of Firearm, AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Michael Leon Johnson, age 64, of Okmulgee, Oklahoma, was sentenced to 210 months imprisonment, and 5 years supervised release for Felon In Possession Of Firearm & Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e)(1). The charges arose from an investigation by the Okmulgee Police Department, the Sallisaw Police Department, the Cherokee Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment alleged that from on or about June 30, 2017, within the Eastern District of Oklahoma, the defendant, Michael Leon Johnson, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce.
United States Attorney Brian J. Kuester said, “This office is committed to using its resources to protect the public from violent criminals. One way that we do that is by enforcing the federal firearms statutes that prohibit felons from possessing firearms. Reference to 924(e)(1) in the indictment filed against Mr. Johnson means that he had three previous convictions for a violent felony or a serious drug offense, or both. The law therefore required that his minimum sentence be 15 years in the Bureau of Prisons. This investigation and prosecution will protect the public from future harm from the defendant. This multi-agency, multi-jurisdictional investigation was a great demonstration of professional teamwork and cooperation that resulted in a safer community.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Dean Burris represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
Ohio Man Pleads Guilty to Distributing Child Pornography over TwitterRead the Press Release
LAS VEGAS, Nev. – A former Henderson resident pleaded guilty today to distributing images of child pornography, some of which were tweeted to his followers, announced U.S. Attorney Dayle Elieson of the District of Nevada.
Mark Alan Stoneking, 40, previously of Henderson, Nevada, now a resident of Elyria, Ohio, pleaded guilty to one count of distribution of child pornography. United States District Judge Richard Boulware II accepted the guilty plea and scheduled sentencing for May 31, 2018.
According to the plea agreement, Stoneking admitted that, on December 20, 2014, and January 6, 2015, he distributed using a Twitter account sexually explicit photos of children. On January 12, 2016, the Henderson Police Department and members of the Internet Crimes Against Children Task Force executed a search warrant at his residence in Henderson and seized electronic devices containing more than 600 videos and more than 200,000 images of child pornography.
The minimum statutory penalty is five years in prison and the maximum statutory penalty is 20 years in prison and a $250,000 fine. Stoneking will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.
The case was investigated by the FBI and the Henderson Police Department. Assistant U.S. Attorney Tony Lopez is prosecuting 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 U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood and for information about internet safety education, please visit www.justice.gov/psc.
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Nine people indicted for ordering fentanyl and carfentanil from China and selling it in Akron and Lorain, as well as firearms and money laundering violationsRead the Press Release
Nine people were indicted in federal court for their roles in a conspiracy to bring large amounts of fentanyl and carfentanil into the United States from China and then sell the drugs in Akron and Lorain, as well as firearms and money laundering violations.
Named in the 17-count indictment are: Donte L. Gibson, 39; Audrey J. Gibson, 34; Dontaysha S. Gibson, 21; Derrick A. Adams II, 22; Lisa A. Richardson, 54, all of Akron; Lori E. Martin, 57, of Barberton; Ajarae C. Hisle, 27, of Lorain; Jamar J. Jackson, 28, of Lorain, and Garrett R. Frantz, 20, of North Canton.
All nine defendants are indicted on charges of conspiracy to possess with intent to distribute more than 400 grams of fentanyl and at least 9.65 grams of carfentanil. This took place between May 2016 and February 2018, according to the indictment.
The indictment also alleges members of the conspiracy illegally used or possessed firearms, body armor and ammunition. The leaders of the conspiracy are also charged with creating companies, and buying automobiles, jewelry, handbags, furs, shoes and other items, as a way to launder their drug profits.
Donte and Audrey Gibson purchased fentanyl and carfentanil from China over the internet, and had the drugs shipped to locations in the Akron-Canton area through the U.S. Postal Service. They directed Richardson to open post office boxes throughout the area, and Richardson directed others to do the same. Audrey Gibson retained control of all the post office box keys, according to the indictment.
Richardson, Frantz and others picked up the packages containing fentanyl and carfentanil at the P.O. boxes and brought the packages to the Gibsons’ home on Popham Street. Donte Gibson cut the drugs with other white powder, turning 70 or 80 grams of pure fentanyl or carfentanil into seven kilograms of saleable product, according to the indictment.
The Gibsons then distributed the drugs to Dontaysha Gibson (who is the daughter of Donte Gibson and stepdaughter to Audrey Gibson), Adams and Jackson for sale in Akron and Lorain, according to the indictment.
The Gibsons used various residences and storage units to store the drugs and cash. They stored the drugs at their home on Popham Street until their young daughter overdosed on fentanyl she found at home, according to the indictment.
Donte Gibson, Audrey Gibson, Dontaysha Gibson, Richardson and Martin (Audrey Gibson’s mother), are also charged with conspiracy to launder money, beginning around November 2015.
Audrey Gibson in 2015 formed JayT AllServices LLC, which purported to be in the business of remodeling, painting homes and cleaning out homes. Donte Gibson later stated that he was an employee of the his wife’s company and that he helps do home improvement work, according to the indictment.
In 2016, Audrey Gibson formed Pound Cake Entertainment LLC, which used the web site IAmPoundCake.com. The web site purported to sell clothing and “one of a kind items” as well as offering access to a members-only Snapchat account featuring Audrey Gibson “being flirty or nasty depending on the day,” according to the indictment.
In 2017, Dontaysha Gibson formed G’s Car Care and Detail LLC, with the stated purpose of the company being car care sales and detailing. Donte Gibson later stated it was his daughter’s company but that he managed it for her, according to the indictment.
The Gibsons opened bank accounts in connection to all three companies, according to the indictment.
Audrey Gibson in 2017 opened a Saks Fifth Avenue Store Card and between April and December 2017 made payments on her card totaling $208,504 by using cash in store in Beachwood. She made purchases from Saks Fifth Avenue totaling $686,850 between July 2016 and February 2018 and paid for them with a combination of cash, credit cards and her Saks card. The purchases included handbags from Burberry, Chanel and Gucci, various Louis Vuitton items, Saint Laurent shoes, as well as cosmetics, fragrances and sunglasses, according to the indictment.
Donte and Audrey Gibson are charged with being felons in possession of ammunition. They were in possession of 41 rounds of ammunition in their home on Popham Street on Feb. 8, despite prior convictions that made it illegal for them to have ammunition. Donte Gibson is also charged will illegally possessing body armor. He was previously convicted in Summit County Common Pleas Court of aggravated assault with a firearms specification and trafficking in heroin. Audrey Gibson was previously convicted in Summit County Common Pleas Court of aggravated robbery and heroin trafficking, according to the indictment.
Dontaysha Gibson and Adams are charged with possession of firearms in furtherance of drug trafficking. They were in possession of a Smith & Wesson 9 mm pistol and Rossi .38 revolver at the apartment they shared on Shadybrook Drive on Feb. 8 as part of their drug trafficking activities, according to the indictment.
Prosecutors are seeking to forfeit more than $280,000 in cash, two firearms and ammunition seized as part of the investigation, as well as the home at 2946 Popham Street in Akron.
“These defendants brought huge quantities of deadly fentanyl and carfentanil into Akron, threatening the lives of so many of our neighbors, friends, and family,” U.S. Attorney Justin Herdman said. “They used firearms and body armor to protect their drug trafficking, and set up fake companies to launder their dirty drug money.”
“This case demonstrates the lengths drug dealers will go to in order to obtain deadly drugs to feed the addiction of their customers,” said FBI Special Agent in Charge Stephen D. Anthony. “This group flaunted their lucrative drug trafficking organization proceeds by purchasing homes, cars and other items in an attempt to hide their cash. The FBI will continue working with our law enforcement partners to help rid our communities of the individuals that bring poison to our streets.”
“The harm inflicted by opioids is matched only by the profit potential for those who sell them,” said Ryan L. Korner, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. "This is an important victory for the citizens of Northern Ohio. These defendants not only fueled the opioid drug problem in Northern Ohio, but they supported addiction in several parts of the country. IRS-CI worked with the U.S. Attorney’s Office and its law enforcement partners to disrupt the flow of money -- the lifeblood that allows these organizations to proliferate. The laundering of illegal drug profits is as important and essential to drug traffickers as the very distribution of their illegal drugs. Without these ill-gotten gains, the traffickers could not finance their organizations.”
“Fentanyl and carfentanil are by far the deadliest illegal drugs that we are up against in the law enforcement community,” said HSI Special Agent in Charge Francis. “As this indictment clearly demonstrates, HSI is fully committed to bringing to justice all of the criminal groups and individuals who distribute this lethal poison in our community”
Akron Police Chief Kenneth Ball said: “I feel a strong sense of relief knowing that a group of criminals that had a major role in the city's battle against drugs, and the companion, devastating effects of addiction, will be held accountable. I am proud of the work of Akron's team and our partners with the Safe Streets Task Force. Gibson and his conspirators have been justly charged, they now need to be justly tried and sentenced.”
This case was investigated by the FBI’s Safe Streets Task Force -- which is comprised of agents and officers from the Federal Bureau of Investigation, Homeland Security Investigations, U.S. Postal Inspection Service, Internal Revenue Service and the Akron Police Department. It is being prosecuted by Assistant U.S. Attorney Mark S. Bennett.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Nine Defendants Sentenced to over 35 Years Combined for Methamphetamine Trafficking in Harrison, Arkansas AreaRead the Press Release
Fort Smith, Arkansas – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas; L. Diane Upchurch, Special Agent in Charge of the FBI; and David Etheredge, Prosecuting Attorney for the Fourteenth Judicial District Drug Task Force announced that on February 27, 2018 and March 1, 2018, ten individuals were sentenced by the United States District Court for their roles in a methamphetamine trafficking ring which operated in Boone, Baxter, Searcy, Newton, Carroll, and Washington Counties in Arkansas. The Honorable Chief Judge P.K. Holmes, III presided over the sentencing hearings in the United States District Court in Fort Smith.
According to court records, on July 26, 2017, a federal grand jury returned a twenty (20) count Indictment against ten (10) individuals in the Harrison, Arkansas and Central Arkansas areas for activities in a large-scale drug trafficking conspiracy. This drug trafficking ring was responsible for the distribution of multiple kilograms of methamphetamine dating back as far as early 2016. Arrests of the individuals sentenced on February 27, 2018 and March 1, 2018 were conducted in a multi-agency operation in Harrison on August 17, 2017.
Defendants in this conspiracy received the following sentences:
Ricky Dwayne Moles, age 57, of Harrison, Arkansas was sentenced February 27, 2018 to 70 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute Methamphetamine. Moles was indicted in the Western District of Arkansas in July 2017 and plead guilty in October 2017.
Vance Lynn Parnin, Jr., age 49, of Berryville, Arkansas was sentenced February 27, 2018 to 78 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute Methamphetamine. Parnin was indicted in the Western District of Arkansas in July 2017 and plead guilty in October 2017.
Eric Lynn Friend, age 40, of Harrison, Arkansas was sentenced February 27, 2018 to 70 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute Methamphetamine. Friend was indicted in the Western District of Arkansas in July 2017 and plead guilty in October 2017.
Ricky William Akins a/k/a “Big Rick”, age 60, of Lead Hill, Arkansas was sentenced February 27, 2018 to 37 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute Methamphetamine. Akins was indicted in the Western District of Arkansas in July 2017 and plead guilty in October 2017.
Brittnee Nicole Perkins, age 27, of Harrison, Arkansas was sentenced February 27, 2018 to 46 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute Methamphetamine. Perkins was indicted in the Western District of Arkansas in July 2017 and plead guilty in October 2017.
Julia Nicole Holley, age 32, of Little Rock, Arkansas was sentenced March 1, 2018 to 18 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute Methamphetamine. Holley was indicted in the Western District of Arkansas in July 2017 and plead guilty in October 2017.
Amy Leann Friend-Hagler, age 37, of Greenbrier, Arkansas was sentenced March 1, 2018 to three years of supervised release and ordered to pay a $5,000.00 fine on one count of Conspiracy to Distribute Methamphetamine. Friend-Hagler was indicted in the Western District of Arkansas in July 2017 and plead guilty in October 2017.
Bobby Gene Ellis, Jr., age 44, of Harrison, Arkansas was sentenced March 1, 2018 to 70 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute Methamphetamine. Ellis was indicted in the Western District of Arkansas in July 2017 and plead guilty in October 2017.
Melissa Haley Childs, age 31, of Harrison, Arkansas was sentenced March 1, 2018 to 40 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute Methamphetamine. Childs was indicted in the Western District of Arkansas in July 2017 and plead guilty in October 2017.
A tenth co-defendant on the same Indictment, Corky Ray Anglin, entered a plea of guilty to one (1) count of distribution of a mixture or substance containing methamphetamine on December 14, 2017 and is scheduled for sentencing on April 19, 2018.
This case was investigated by the Federal Bureau of Investigation, the 14th Judicial Drug Task Force, the Drug Enforcement Administration, the Arkansas State Police, the Boone County Sheriff, the Newton County Sheriff, the Searcy County Sheriff, the Baxter County Sheriff, the Harrison Police Department, and the Arkansas National Guard Counter Drug. Assistant United States Attorney Brandon Carter is prosecuting the case for the Western District of Arkansas.
New Port Richey Man Pleads Guilty to Attempted Production and Possession of Child PornographyRead the Press Release
Tampa, Florida – Brian Scott Ellis (50, New Port Richey) has pleaded guilty to possessing and attempting to produce child pornography. He faces a minimum mandatory penalty of 15 years’ imprisonment, up to 30 years, for the attempted production charge and up to 20 years in federal prison for the possession charge.
According to the plea agreement, Ellis attempted to create an explicit video of a young teenage girl as she slept in his house. Ellis also admitted to possessing 2,597 images and 1,807 videos depicting child pornography, including materials involving a toddler,
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Frank Murray.
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 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 locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
New Mexico man charged for defrauding investors out of $4.4 millionRead the Press Release
A New Mexico man was charged in federal court for his role in defrauding investors out of at least $4.4 million, said U.S. Attorney Justin E. Herdman and FBI Special Agent in Charge Stephen D. Anthony.
Eugene Turner, 64, of Animas, New Mexico, was charged via criminal information with one count of wire fraud.
Turner and Timothy E. McShane established several companies between 2006 and 2012, including McShane Construct All International LLC, Rancho Hidalgo LLC, Lordsburg Land Development LLC, Hidalgo Alfalfa Company LLC, New Mexico Natural Beef & Pork, LLC, Firewater Hydrogen Fuel LLC, Granite Gap Development LLC and New Horizons West, Inc.
Turner and McShane solicited investments in the companies by giving investors promissory notes and/or founder’s shares in the companies, which where not registered with the Securities and Exchange Commission nor traded on any public stock exchange.
They collateralized investments in the companies with assets, such as land pledges, crop pledges, real property and other items, purportedly belonging to the companies when, in reality, Turner and McShane knew they did not own those assets.
They used personal, social and business relationships of current investors to establish relationships of trust with prospective investors. They made false statements to investors about the progress of the companies. They also misused funds from new investors to make small payments to other investors who complained about lack of return on their investments, according to the information.
Because of Turner and McShane’s scheme to defraud, investors in the companies had a combined out of pocket loss of approximately $4.4 million between 2008 and 2015. Additionally, they did not receive the interest payments the defendants guaranteed or the investment gains the defendants falsely promised during the scheme, according to the information.
McShane, of Stow, has pleaded guilty to his role in the scheme and is scheduled to be sentenced March 6.
“These defendants stole millions of dollars from investors through years of lies, deception and false promises,” Herdman said. “This case serves as a reminder that there is no such thing as a sure thing and people need to exercise caution when deciding how to invest their savings.”
“This defendant, along with his cohort, defrauded numerous investors out of millions of dollars all under a ruse that they would receive financial benefit from their investments,” Anthony said. “Until now, the only people that benefited were the defendant, Eugene Turner, and his partner, Timothy McShane, but their time has come and both will be held accountable for their fraudulent scams.”
This case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Chelsea Rice.
If convicted, the Court will determine the defendant's sentence after a review of factors unique to this case, including the defendant's prior criminal record, if any, the defendant's role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
New Haven Woman Sentenced to 30 Months in Federal Prison for Marijuana Trafficking, Money LaunderingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that SHANICE GOFFE, 32, of New Haven, was sentenced yesterday by U.S. District Judge Alvin W. Thompson in Hartford to 30 months of imprisonment, followed by three years of supervised release, for her role in a marijuana trafficking and money laundering conspiracy.
According to court documents and statements made in court, in 2013, Homeland Security Investigations (HSI), U.S. Postal Inspection Service and Connecticut State Police began an investigation into individuals who were moving large amounts of marijuana from the Southwestern United States to Connecticut. During the investigation, investigators intercepted four packages, each containing approximately eight kilograms of marijuana, from the U.S. Mail, and made multiple controlled purchases of the drug from a member of the trafficking ring.
On February 1, 2017, investigators conducted a court-authorized search of a Hamden apartment that GOFFE shared with her boyfriend, and a storage unit in West Haven that was rented in her name. A search of the residence revealed more than one pound of marijuana, a loaded 9mm handgun, boxes of .45 caliber ammunition, $62,409 in cash, and numerous false identifications, including a U.S. passport, all of which contained a photo of her boyfriend. A search of the storage unit revealed approximately 33 kilograms of marijuana, ammunition and firearm magazines, additional false identifications, and $350,100 in cash.
Investigators also seized a 2014 BMW X6, a 2016 Honda Accord, and a 2008 Honda Odyssey, all of which were registered to GOFFE and had been purchased with proceeds of the marijuana trafficking enterprise.
GOFFE was arrested on March 9, 2017. On November 20, 2017, she pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 50 kilograms or more of marijuana, and one count of conspiracy to commit money laundering.
Judge Thompson ordered GOFFE to forfeit her interest in the seized cash and the three vehicles.
GOFFE, who is released on bond, was ordered to report to prison on March 28.
GOFFE’s boyfriend has been indicted on marijuana trafficking, firearm possession and money laundering offenses, and is awaiting trial. U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This is being prosecuted by Assistant U.S. Attorney Rahul Kale.
New Hampshire Man Sentenced for Fentanyl TraffickingRead the Press Release
BOSTON – A New Hampshire man was sentenced yesterday in federal court in Boston for his role in a widespread heroin and fentanyl trafficking conspiracy operating in Lawrence.
Carlos Hernandez, 34, of Manchester, N.H., was sentenced by U.S. District Court Judge Denise J. Casper to 30 months in prison and three years of supervised release. In October 2017, Hernandez pleaded guilty to one count of conspiracy to possess with intent to distribute heroin, cocaine and fentanyl.
On May 30, 2017, a large scale law enforcement operation was conducted in an effort to dismantle two Lawrence-based drug trafficking organizations, one allegedly run by Juan Anibal Patrone, and another allegedly led by Ramon Gonzalez-Nival, who was also a source of supply for Patrone. Hernandez was arrested and charged along with Patrone, Gonzalez-Nival, and approximately 30 co-conspirators.
Hernandez was a redistributor in New Hampshire for the Gonzalez-Nival organization. He was arrested on Feb. 25, 2017, after picking up twelve 10-gram units from Gonzalez-Nival’s courier. During a traffic stop shortly thereafter, approximately 120 grams of suspected fentanyl was seized from Hernandez and his passenger, co-defendant Rory Connolly.
Patrone and Gonzalez-Nival have pleaded not guilty and are awaiting trial. Connolly pleaded guilty in November 2017 and was accepted into the Court’s RISE program.
The conspiracy charge provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michal J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Essex County District Attorney Jonathan W. Blodgett; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Lawrence Police Chief Roy P. Vasque made the announcement. Assistant U.S. Attorney Susan Winkler of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
This case is the result of a joint investigation conducted by the DEA Cross Border Initiative - comprised of the DEA, the Massachusetts State Police, and the Andover, Haverhill, Lawrence, Lowell, and Wilmington Police Departments - and the ongoing effort of the Organized Crime Drug Enforcement Task Forces (OCDETF), a partnership between federal, state and local law enforcement agencies. 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.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Navy Sailor Sentenced for Series of Bomb ThreatsRead the Press Release
NORFOLK, Va. – A Virginia Beach-based Sailor was sentenced today to 15 months in prison for making a series of bomb threats directed at Navy assets aboard Joint Expeditionary Base Little Creek.
According to court documents, Allante Martanaze Arrington, 24, made upwards of 12 threatening communications by phone to U.S. Navy ships and installation facilities aboard Joint Expeditionary Base Little Creek in August 2017. Special Agents with NCIS quickly identified Arrington’s cell phone as the source of the calls through cell tower data and call records. Arrington was also assigned to one of the ships he threatened. Arrington’s calls were short and vague, but involved bombs poised to explode at base gyms, various ships, and a health clinic. The calls prompted a significant response from Navy and FBI explosive ordinance disposal and military working dog units, and caused Navy units to shelter in place for hours on the days the threats were made.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Cliff Everton, Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Special Assistant U.S. Attorney David A. Layne prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:17-cr-135.
Natchitoches man sentenced to 34 months in prison for illegal possession of firearmRead the Press Release
SHREVEPORT, La. – United States Attorney Alexander C. Van Hook announced that a Natchitoches man was sentenced Wednesday to two years and 10 months in prison for illegal possession of a pistol and ammunition.
Mazarious D. Coleman, 28, of Natchitoches, La., previously of Many, La., was sentenced by U.S. District Judge S. Maurice Hicks Jr. on one count of possession of a firearm by a convicted felon. He was also sentenced to three years of supervised release. According to the October 17, 2017 guilty plea, Coleman was arrested on January 26, 2017 after someone reported that he fired shots at another person. Police searched his apartment in Many and found a .40 caliber Glock pistol that had been shoved through a drywall portion of the roof by an air conditioning duct. A box of ammunition was found in the kitchen. Coleman was previously convicted of a felony in 2013 in Sabine Parish and is prohibited from possessing a firearm.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safe for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The ATF and Many Police Department conducted the investigation. Assistant U.S. Attorney James G. Cowles Jr. is prosecuting the case.
Myrtle Beach Man Pleads Guilty to Child Pornography ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that James Robert Fix, age 46, of Myrtle Beach, South Carolina, pled guilty in federal court in Florence, to Possession of Child Pornography, a violation of Title 18, United States Code, Section 2252A(a)(5)(B). United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
The evidence presented at the guilty plea hearing established that federal agents executed a search warrant at Fix’s Myrtle Beach residence on November 24, 2015, based on information that he was receiving child pornography via email. On that same day agents also interviewed Fix who admitted to possessing child pornography and surrendered his laptop computer and cellphone to the agents. During forensic analyses of the computer, cellphone and a thumb drive seized during the search, agents located numerous videos and images containing child pornography.
Ms. Drake stated the maximum penalty Fix can receive is imprisonment for 10 years and a fine of $250,000.
The case was investigated by agents with ICE- Homeland Security Investigations. Assistant United States Attorney A. Bradley Parham of the Florence office is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Office, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
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Mississippi Man Sentenced to Prison for Federal Drug Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Charterious Laquess Moore, 25, of Westpoint, Miss., was sentenced today in federal court in Albuquerque, N.M., to 36 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.
The DEA arrested Moore in Jan. 2017, after seizing approximately 464.4 grams (1.02 pounds) of methamphetamine from him during an interdiction investigation in Albuquerque.
Moore subsequently was indicted on Feb. 7, 2017, and was charged with possession of methamphetamine with intent to distribute on Jan. 11, 2017, in Bernalillo County, N.M.
On Sept. 19, 2017, Moore pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Moore admitted that on Jan. 11, 2017, he transported methamphetamine to Albuquerque on a bus from Victorville, Calif., with the intention of delivering the methamphetamine to another individual in Tupelo, Miss. Moore admitted that the methamphetamine was concealed in a heat-sealed bundle inside a pillow.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.
Michigan City Man SentencedRead the Press Release
SOUTH BEND – Jason Anderson, 39, of Michigan City, Indiana was sentenced before South Bend District Court Senior Judge Robert L. Miller, Jr. for being a felon in possession of a firearm, announced Thomas L. Kirsch II.
Anderson was sentenced to 180 months imprisonment and 2 years supervised release.
According to documents in this case, in or around March of 2017, Anderson possessed one or more firearms after having been convicted of serious drug offenses in both Indiana and Illinois. The court sentenced Anderson under the Armed Career Criminal Act due to his prior convictions.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the LaPorte County Drug Task Force and the Michigan City Police Department. The case is being handled by Assistant United States Attorney Molly E. Donnelly.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Michigan and Georgia Women Sentenced for Defrauding the IRSRead the Press Release
The Defendants Pled Guilty to Conspiring to Defraud the United States Resulting in Nearly $200,000 in Fraudulent Federal Tax Refunds
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that Sara Dechaune Harper (formerly, Sara Dechaune Chatmon), a 42-year-old resident of Lawrenceville, Georgia, was sentenced to 18 months in federal prison, and Amika Diane Gordon, a 41-year-old resident of Lansing, Michigan, was sentenced to 18 months in prison, for their roles in a conspiracy to defraud the Internal Revenue Service ("IRS"). The defendants also were ordered to pay back $199,263 that was fraudulently obtained from the U.S. Treasury during the course of the conspiracy. Chief United States District Judge Robert J. Jonker imposed the sentences.
A federal grand jury indicted Harper and Gordon in 2017 and charged both defendants with Conspiracy to Defraud the United States, a five-year felony offense. The indictment alleged that Harper and Gordon, along with other co-conspirators, agreed to file fraudulent corporate tax returns with the IRS between 2010 and 2014. The defendants were accused of creating sham business entities that sought fraudulent tax credits for fuel that was never purchased or used by those businesses.
At their sentencing hearings this week, the government proved that the members of the conspiracy filed 35 false corporate tax returns on behalf of 10 different companies that fraudulently sought more than $360,000 in federal tax refunds. The IRS successfully detected 13 of the fraudulent returns before issuing refunds to the businesses, but the fraud resulted in $199,263 in refunds being issued by the U.S. Treasury. Both defendants, in addition to serving their prison sentences and three years of supervised release, will be responsible for repaying the entire loss suffered by the U.S. Treasury as a result of the conspiracy.
U.S. Attorney Birge warned, "As businesses and individuals prepare their federal tax returns this year, they should think long and hard before attempting to falsely claim tax credits and refunds they know they are not entitled to receive. This case demonstrates that those who file false or fraudulent tax returns face prison sentences and potentially a lifetime of debt to the United States."
"Although tax cheats are planning and scheming the entire year, taxpayers need to be especially vigilant during the tax filing season, which is in full swing," stated Special Agent in Charge Manny J. Muriel, IRS Criminal Investigation. "The scheme committed by Harper and Gordon is just one example of how criminals attempt to steal from the nation’s taxpayers, but they should know IRS Criminal Investigation Special Agents are on their heels. The sentences handed down in this case should serve as notice to others of the consequences should they want to press their luck and commit, or attempt to commit, any variation of tax fraud."
This matter was investigated by IRS Criminal Investigation and prosecuted by Assistant U.S. Attorney Christopher O’Connor.
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Mexican National Charged in Fake Kidnapping Ransom Extortion SchemeRead the Press Release
HOUSTON – A federal grand jury in Houston has returned a 13-count indictment against a Mexican National for allegedly running a fake kidnapping ransom extortion scheme that covered several states and nearly 40 victims, announced U.S. Attorney Ryan J. Patrick.
Ismael Brito Ramirez aka Mike Ramirez, 38, is currently incarcerated in Mexico on unrelated charges.
According to the indictment returned yesterday, Ramirez used Mexican telephone numbers to call numerous victims throughout the United States in Texas, California and Idaho, during which he would falsely represent he had kidnapped a victim’s child. Ramirez then allegedly demanded money for the safe release of the victim’s child. The indictment further alleges that to prevent victims from contacting their loved one or law enforcement, Ramirez threatened to cause bodily harm to the family member or child if the victim disconnected from the line or did not comply with his demands.
“It is important for people to be aware of these types of schemes and report them even if they know they are fake,” said Patrick. “Extortionists count on victims’ fear during the calls and embarrassment afterwards to not notify authorities and it is imperative they do so, whether falling victim or not. If you get a call like this, hang up and contact your loved one and law enforcement immediately.”
The indictment alleges victims were typically instructed to wire money to individuals in Mexico. However, two victims were allegedly directed to make money drops at specified locations in Houston on Sept. 17, 2015, and Sept. 30, 2015, respectively. Both were told their daughters had been kidnapped because they had witnessed a crime, according to the allegations. The victims were also allegedly told that if they failed to comply with the caller’s instructions, their daughters’ fingers would be cut off.
The indictment alleges the victims paid a total of approximately $28,000.
Ramirez is charged with conspiracy to commit extortion, interstate transmission of extortionate communications, conspiracy to commit wire fraud, wire fraud and conspiracy to launder money. All of the charges carry a possible 20-year-maximum prison term upon conviction.
The FBI - Los Angeles Field Office, IRS - Criminal Investigation conducted the investigation along with police departments in Los Angeles and Beverly Hills, Montgomery County Sheriff’s Office and Immigration and Customs Enforcement’s Homeland Security Investigations in Los Angeles. Assistant U.S. Attorney Kate Suh is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Mexican National Admits Impersonating American Citizen and Stealing Government BenefitsRead the Press Release
Special Assistant U.S. Attorney Jeffrey D. Hill (619) 546-7924 and Assistant U.S. Attorney Anne Perry (619) 546-7964
NEWS RELEASE SUMMARY – March 1, 2018
SAN DIEGO – Andres Avelino Anduaga of Tijuana, Mexico, pleaded guilty to theft charges in federal court today, admitting that he assumed the identity of an American citizen for 37 years to illegally enter the country and steal hundreds of thousands of dollars in federal, state and local government benefits.
During a hearing before U.S. Magistrate Judge Andrew G. Schopler, Anduaga acknowledged that he took the identity of an American citizen in 1980, using the victim’s birth certificate to apply for a Social Security number and later, for disability benefits in his victim’s name. From 1989 until 2016, Anduaga admitted that he received almost a quarter-million dollars in Supplemental Security Income benefits, and over a hundred thousand dollars in health benefits, in the name of his victim. Anduaga also admitted that during an interview with federal agents in 2015, he falsely claimed to be living in the United States, as required for an individual receiving Supplemental Security Income benefits, when in fact he was living in Tijuana, Mexico. Anduaga also admitted to illegally seeking CalFresh / Supplemental Nutrition Assistance (SNAP) benefits from San Diego County by impersonating the same victim, and thereafter fraudulently taking more than $12,000 in additional government benefits.
As a part of his plea, Anduaga admitted that he is not an American citizen, and that he had in fact been deported from the United States on at least two prior occasions under yet another name. Anduaga admitted that despite his deportations, he was able to travel freely between the United States and Mexico using the United States passport that he had applied for in the name of his victim, using the same birth certificate and fraudulently-obtained Social Security number he used to defraud the government for decades.
“The programs that this defendant stole from – for decades – provide benefits to America’s most needy,” said U.S. Attorney Adam Braverman. “This prosecution demonstrates the commitment of the United States Attorney’s Office to protecting the integrity of our welfare programs and punishing those who prey on the goodwill of our nation and its taxpayers.”
“The Social Security Administration’s Office of the Inspector General is committed to pursuing those individuals who violate the public trust wherever they may be found,” said Robb Stickley, the Special Agent in Charge of the San Francisco Field Division, which is responsible for Southern California. “We will continue to uphold the integrity of the Supplemental Security Income program and other federal and state needs-based assistance programs that are a lifeline for so many Americans and their families."
U.S. Border Patrol Spokesman Michael Scappechio said: “Criminal cases in the border region oftentimes have an immigration nexus. In the spirit of law enforcement collaboration, the U.S. Border Patrol supports local, state and other federal partners in the prosecution of people who violate our nation’s immigration laws.”
As a part of his plea agreement, Anduaga agreed to pay full restitution to the Social Security Administration, the California Department of Health Care Services, and the County of San Diego for the $360,908.85 in government benefits that he fraudulently obtained by his crimes. Anduaga faces up to 12 years in federal prison and a fine of up to $971,817.70 at his sentencing before U.S. District Judge. John A. Houston on May 29, 2018.
DEFENDANT Case Number 17-cr-4461-JAH
Andres Avelino Anduaga Age 66 Tijuana, Mx.
SUMMARY OF CHARGES
Theft of Public Property – Title 18, U.S.C., Section 641
Maximum penalty: 10 years’ imprisonment, $721,817.70 fine, restitution
Removed Alien Found in United States – Title 8, U.S.C. Section 1326(a)
Maximum penalty: 2 years’ imprisonment, $250,000 fine
AGENCIES
Social Security Administration’s Office of the Inspector General
United States Border Patrol
United States Customs and Border Protection
California Department of Health Care Services
California Department of Motor Vehicles Investigations Division
Bureau of Public Assistance Investigations, County of San Diego
Mexican Man Sentenced to Prison for Illegally Returning to the United States Following Prior DeportationRead the Press Release
A Mexican man who illegally returned to the United States was sentenced March 1, 2018, to almost 3 months in federal prison.
Luis Godinez-Urbizo, age 35, a citizen of Mexico illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a January 11, 2018, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Godinez-Urbizo admitted he had previously been deported from the United States on October 17, 2017, and that he illegally reentered the United States without the permission of the United States government. On November 20, 2017, Godinez-Urbizo illegally returned to the United States and was found by immigration officers during a traffic stop in Cedar Rapids, Iowa on November 28, 2017.
Godinez-Urbizo was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Godinez-Urbizo was sentenced to 80 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Godinez-Urbizo is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-95.
Follow us on Twitter @USAO_NDIA.
Massachusetts Man Arrested for Mailing Threatening Letters Containing Suspicious White PowderRead the Press Release
BOSTON – A Beverly, Mass., man was arrested today in connection with mailing five threatening letters containing suspicious white powder to high-profile individuals around the country.
Daniel Frisiello, 24, was charged in a criminal complaint with five counts of mailing a threat to injure the person of another and five counts of false information and hoaxes. Frisiello was arrested this morning and will appear in federal court in Worcester later this afternoon.
As alleged in court documents, law enforcement has connected Frisiello to at least five incidents of high-profile individuals around the country who received an envelope that bore a Boston postmark, containing suspicious white powder and a note indicating or implying that the powder was dangerous or intended to cause harm.
“This investigation should remind people that law enforcement will prioritize finding and charging those who try to cause panic by sending threatening letters containing what looks like dangerous substances,” said United States Attorney for the District of Massachusetts Andrew E. Lelling. “Beyond terrifying the victims, these incidents caused law enforcement agencies around the country to spend time and money deploying emergency response units. Thankfully, the white powder in these letters was inert and no one was harmed. This does not change the fact that the defendant allegedly used the internet, the U.S. Mail, and popular fears of biological weapons to threaten and frighten people who did not share his views, and that is something we will prosecuted accordingly.”
“This investigation by the Boston Joint Terrorism Task Force sends a strong message to those who seek to terrorize the public by sending powder letters through the mail. Whether real or a hoax, don’t do it. There are plenty of appropriate, lawful ways, to express your opinion and voice your displeasure, but inducing panic and sending what is believed to be a weapon of mass destruction through the mail is certainly not one of them. As alleged, Mr. Frisiello sent letters from the Boston area containing white powder that required emergency responses all over the country,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “While we determined that the mailings did not contain toxins or poison, each of these incidents required a significant law enforcement response, a field screening of the letter’s contents, and a methodical analysis by FBI weapons of mass destruction and laboratory experts. All this comes at a cost to taxpayers’ money and diverted first responders and other limited resources away from actual emergencies.”
“The U.S. Postal Inspection Service is committed to keeping the U.S. Mail, its employees, and customers safe,” said Raymond Moss, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division. “When the U.S. Mail is used to transport dangerous or potentially dangerous items or substances, it is taken very seriously. The arrest of this individual is a result of a coordinated investigation with the Federal Bureau of Investigation, the United States Secret Service, and other federal, state and local partners. The U.S. Postal Inspection Service will continue to investigate and bring criminals to justice to ensure the public’s trust in the U.S. Mail.”
“This case demonstrates the commitment of the U.S. Secret Service to fully investigate any type of threatening behavior directed towards our Protectees. It also highlights the ongoing collaborative efforts with our law enforcement partners, specifically the U.S. Attorney’s Office for the District of Massachusetts, the Federal Bureau of Investigation, the U.S. Postal Inspection Service and all of our state and local partners involved in the Joint Terrorism Task Force,” said Stephen Marks, Special Agent in Charge of the U.S. Secret Service Boston Field Office.
It is alleged that the first envelope was addressed to “DonalD trump Jr,” the son of President Trump, and was postmarked in Boston on Feb. 7, 2018. The addressee’s wife opened the envelope, which contained an unknown suspicious white powder, and the following printed message:
You are an awful, awful person, I
am surprised that your father lets
you speak on TV. You make the
family idiot, Eric, look smart. This is
the reason why people hate you,
so you are getting what you
deserve. So shut the **** UP!
The second envelope was addressed to Nicola T. Hanna, the Interim United States Attorney for the Central District of California. Also postmarked in Boston on Feb. 7, 2018, the envelope contained an unknown suspicious white powder, which spilled out when it was opened. The letter inside the envelope bore the following printed message:
That’s for murdering Mark Salling! I
Hope you end up the same place as Salling.
As alleged in court documents, Mark Salling, who committed suicide in January 2018, was a defendant in a child pornography case being prosecuted by Hanna’s office.
Subsequent envelopes containing threatening letters were mailed to Michele Dauber, a Professor of Law at Stanford University; U.S. Senator Deborah Stabenow of Michigan; and Antonio Sabato Jr., who is running for a congressional seat in California.
After each envelope was opened, a hazardous material response was required by law enforcement.
It was determined that there were notable commonalities among the envelopes, including that all five envelopes contained an unknown powdered substance, which has since been determined to be nonhazardous. Further investigation revealed that Professor Dauber was also sent a “glitter bomb.” A glitter bomb is a letter containing glitter sent to an unsuspecting individual that, when opened, spills out onto the recipient. Law enforcement traced financial records to Frisiello who ordered and paid for the glitter bomb to be delivered to Professor Dauber. Furthermore, on Feb. 21, 2018, agents recovered trash from Frisiello’s residence that appeared to contain remnants of the cut-out messages that Frisiello allegedly sent to the victims.
The charge of mailing a threat to injure the person of another provides for a sentence of no greater than five years in prison, 10 years in prison for threats addressed to a federal official, three years of supervised release and a fine of $250,000. The charge of false information and hoaxes provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling, FBI SAC Shaw, Acting Inspector in Charge Moss, USSS SAC Marks and Beverly Police Chief John G. LeLacheur made the announcement today. This investigation was conducted by the FBI Boston Division’s Joint Terrorism Task Force led by members of the FBI, U.S. Postal Inspection Service, U.S. Secret Service and the Beverly Police Department. The case is being prosecuted by Assistant U.S. Attorney Scott Garland of Lelling’s National Security Unit.
The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Maryland Man Sentenced to 100 Months in Prison for His Role in Scheme That Used Stolen Identities to Fraudulently Seek Tax RefundsRead the Press Release
WASHINGTON – A Mount Rainier, Md. man was sentenced today to 100 months in prison for his involvement in a scheme to fraudulently obtain millions of dollars in income tax refunds, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division; U.S. Attorney Jessie K. Liu for the District of Columbia; Special Agent in Charge Kimberly Lappin of the Internal Revenue Service Criminal Investigation (IRS-CI) Washington D.C. Field Office; Inspector in Charge Robert B. Wemyss of the U.S. Postal Inspection Service, Washington Division and Assistant Inspector General for Investigations John L. Phillips of the U.S. Department of the Treasury.
Brian Bryant, 30, was convicted by a jury on Feb. 17, 2017, for conspiring to commit theft of government funds and defraud the United States, theft of public money, and aggravated identity theft. Two co-defendants also were found guilty at trial. They include Bryant’s father, Tony Bryant, 56, formerly of Clinton, Md., and Tarkara Cooper, 37, of Washington, D.C. Tony Bryant is to be sentenced on March 15, 2018, and Cooper was sentenced in July 2017 to a 63-month prison term.
Bryant was part of a massive sophisticated stolen identity refund fraud scheme that involved a network of more than 130 people, many of whom were receiving public assistance. Conspirators fraudulently claimed refunds for tax years 2005 through 2012, often in the names of people whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts and incarcerated prisoners. Returns were also filed in the names of, and refunds were issued to, willing participants in the scheme. The returns filed listed more than 400 “taxpayer” addresses located in the District of Columbia, Maryland and Virginia. According to court documents, the overall case involved the filing of at least 12,000 fraudulent federal income tax returns that sought at least $42 million in refunds.
Conspirators played various roles in the scheme: stealing identifying information; allowing their personal identifying information to be used; creating and mailing fraudulent federal tax returns; allowing their addresses to be used for receipt of the refund checks; cashing the refund checks; providing bank accounts into which the refund checks were deposited and forging endorsements of identity theft victims on the refund checks. The false returns typically reported inflated or fictitious income from a sole proprietorship and claimed phony dependents to generate an Earned Income Tax Credit, a refundable federal income tax credit for working families with low to moderate incomes. To date, approximately two dozen participants in this scheme have pleaded guilty.
According to the evidence presented at trial, from approximately April 2010 through June 2012, Bryant, his father, Cooper, and others collectively claimed $4,959,310 in fraudulent refunds, of which the IRS paid out approximately $2,285,717. Specifically, Brian Bryant participated in the scheme from January 2011 through May 2013, and assisted in the negotiation of $650,003 worth of fraudulently obtained tax refund checks. Both Bryants deposited refund checks fraudulently obtained by others into accounts that they controlled. Cooper agreed to allow her residence to be used for the delivery of tax refund checks, and was paid by a co-conspirator when she provided the tax refund checks to him.
In addition to the term of prison imposed, U.S. District Judge Rosemary M. Collyer ordered Bryant to serve three years of supervised release and to pay $650,003 in restitution to the IRS. She also ordered a forfeiture money judgment of $176,624.
Principal Deputy Assistant Attorney General Zuckerman, U.S. Attorney Liu, Special Agent in Charge Lappin, Inspector in Charge Wemyss and Assistant Inspector General Phillips commended the special agents who conducted the investigation and acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office of the District of Columbia, including former Assistant U.S. Attorney Sherri L. Schornstein; Assistant U.S. Attorney Chrisellen Kolb; Paralegal Specialists Jessica Mundi, Aisha Keys, and Donna Galindo; former Paralegal Specialist Julie Dailey; Litigation Technology Specialist Ron Royal; Investigative Analysts William Hamann and Zachary McMenamin, and Victim/Witness Advocate Tonya Jones. They also expressed appreciation for the work of Trial Attorneys Jeffrey B. Bender, Thomas F. Koelbl, and Jessica Moran of the Tax Division, who worked on the case.
Finally, they commended the work of Assistant U.S. Attorneys Ellen Chubin Epstein and Michelle Bradford of the District of Columbia’s Fraud and Public Corruption Section and Trial Attorney Kimberly G. Ang of the Tax Division, who prosecuted the case, as well as Assistant U.S. Attorney Diane Lucas, who assisted with forfeiture issues.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Margate, New Jersey, Firefighter Admits $7 Million Health Care Fraud Conspiracy Targeting State Health Benefits ProgramsRead the Press Release
CAMDEN, N.J. – A Northfield, New Jersey, man today admitted defrauding New Jersey state health benefits programs and other insurers out of millions of dollars by submitting fraudulent claims for medically unnecessary prescriptions, U.S. Attorney Craig Carpenito and New Jersey Attorney Gurbir S. Grewal announced.
Michael Sher, 40, pleaded guilty before U.S. District Judge Robert B. Kugler in Camden federal court to an information charging him with conspiracy to commit health care fraud.
“Michael Sher paid kickbacks to patients, gave an envelope of cash to a medical doctor who caused thousands of fraudulent compounded medication prescriptions to be filled, and actively recruited others below him as part of the conspiracy to defraud New Jersey state health benefits programs,” U.S. Attorney Carpenito said. “It is unconscionable for a public servant to defraud the very public he swore to protect, yet that is exactly what Michael Sher did. The defendants convicted in this case include two firefighters, a guidance counselor, a teacher, a medical doctor, and several pharmaceutical employees, which speaks to the extensive network employed by this conspiracy and the efforts of federal and state law enforcement partners to bring this wasteful and brazen scheme to an end.”
“Firemen take an oath to uphold the law. The FBI works to ensure that they are held accountable when they violate that pledge and break the law,” Special Agent in Charge Timothy Gallagher of the Newark FBI Field Office said. “The guilty plea by Michael Sher sends a clear message that the FBI and our law enforcement partners will relentlessly pursue those who defraud the State Health Benefits Program, which ultimately affects the hardworking citizens of New Jersey.”
“Michael Sher acted as a recruiter in this conspiracy by persuading individuals in New Jersey to obtain medically unnecessary and very expensive compounded medications from an out-of-state pharmacy. Sher’s co-conspirators paid him $1.7 million to engage in this criminal conduct. We will continue to work with our law enforcement partners to aggressively investigate illegal prescription drug schemes, particularly when they impact patients of programs administered by the Department of Labor," said Peter Nozka, Acting Special Agent in Charge, New York Region, U.S. Department of Labor Office of Inspector General.
According to documents filed in this case and statements made in court:
From January 2015 through April 2016, Sher and others recruited individuals in New Jersey to obtain very expensive and medically unnecessary compounded medications from an out-of-state pharmacy, identified in the information as the “Compounding Pharmacy.”
The conspirators knew that certain compound medication prescriptions – including pain, scar, antifungal, and libido creams, as well as vitamin combinations – were reimbursed for thousands of dollars for a one-month supply. They also knew that some New Jersey state and local government and education employees, including teachers, firefighters, municipal police officers, and state troopers, had insurance coverage for these particular medications.
An entity referred to in the information as the “Pharmacy Benefits Administrator” provided pharmacy benefit management services for the State Health Benefits Program, which covers qualified state and local government employees, retirees, and eligible dependents, and the School Employees’ Health Benefits Program, which covers qualified local education employees, retirees, and eligible dependents. The Pharmacy Benefits Administrator would pay prescription drug claims and then bill the State of New Jersey for the amounts paid.
Sher and conspirators working under him recruited public employees and other individuals covered by the Pharmacy Benefits Administrator to fraudulently obtain compounded medications. Sher and others often used pre-printed prescription forms in which they selected medications with the highest possible reimbursement, without any consideration for medical necessity. The prescriptions were faxed to the Compounding Pharmacy, which filled the prescriptions and billed the Pharmacy Benefits Administrator.
The pharmacy paid one of Sher’s conspirators a percentage of each prescription filled and paid by the Pharmacy Benefits Administrator, which was then distributed to Sher and other members of the conspiracy. Sher admitted paying one of the doctors to reward the doctor for signing prescriptions. Sher also paid individuals covered by the Pharmacy Benefits Administrator, as well as the other recruiters who worked under him during the conspiracy.
According to the information, the Pharmacy Benefits Administrator paid Compounding Pharmacy more than $50 million for compounded medications mailed to individuals in New Jersey, including $7,065,303.00 for prescriptions submitted by Sher and his cohorts. Sher received approximately $1,728,372.29 for his role in the scheme.
Sher faces a maximum penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. As part of his plea agreement, Sher must forfeit his criminal proceeds and pay restitution in an amount to be determined at sentencing. Sentencing is scheduled for June 8, 2018.
Fifteen other conspirators – Matthew Tedesco, Robert Bessey, Michael Pepper, Thomas Hodnett, Steven Urbanski, John Gaffney, Judd Holt, George Gavras, Richard Zappala, Michael Neopolitan, Andrew Gerstel, Timothy Frazier, Michael Pilate, Shawn Sypherd, and Nicholas Tedesco – pleaded guilty from August through February 2018 and await sentencing.
U.S. Attorney Carpenito credited agents of the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge Timothy Gallagher in Newark, IRS – Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen in Newark, and the U.S. Department of Labor, Office of Inspector General, under the direction of Acting Special Agent in Charge Peter Nozka in New York, with the investigation leading to the guilty plea. He also thanked the Pensions and Financial Transactions Section of the Division of Law, within the Attorney General’s Office, under the direction of Attorney General Gurbir Grewal and Division Chief Eileen Schlindwein Den Bleyker, for its assistance in the investigation.
The government is represented by Assistant U.S. Attorneys Jacqueline M. Carle and R. David Walk Jr. of the U.S. Attorney’s Office in Camden.
Defense counsel: William J. Hughes, Jr., Esquire, Morristown, New Jersey
Lee's Summit Man Sentenced to 51 Years for Illegal Drugs, FirearmsRead the Press Release
KANSAS CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced today that a Lee’s Summit, Mo., man has been sentenced in federal court for drug-trafficking and firearms violations.
Terreall McDaniel, 33, of Lee’s Summit, was sentenced by U.S. District Judge Roseann Ketchmark on Wednesday, Feb. 28, 2018, to 51 years and 10 months in federal prison without parole. McDaniel was sentenced as an armed career criminal due to his prior felony convictions.
On July 26, 2017, McDaniel was found guilty following a bench trial of all six counts contained in a federal indictment. McDaniel was convicted of two counts of possessing cocaine with the intent to distribute, two counts of being a felon in possession of a firearm, and two counts of possessing a firearm in relation to a drug-trafficking crime.
McDaniel was found in possession of marijuana, 22 individually wrapped bags of cocaine, and a loaded firearm hidden under the driver’s seat of the vehicle he was driving during a vehicle stop by a Missouri State Highway Patrol trooper on Dec. 31, 2014. McDaniel was arrested, but was later released.
McDaniel led a Raytown, Mo., police officer on a high-speed pursuit on June 24, 2015. The officer discontinued the pursuit due to the danger created by the vehicle’s flight. The vehicle was found very shortly after the pursuit ended when it crashed in a wooded area. Officers identified McDaniel as the driver and arrested him. During a subsequent search, officers located a large amount of marijuana, 10 individually wrapped bags of cocaine, 11 individually wrapped bags of pills (which contained methamphetamine), a digital scale, a grinder and a loaded firearm on the driver’s seat of the vehicle.
McDaniel has three prior felony convictions for distributing a controlled substance, two prior felony convictions for possession of a controlled substance and prior felony convictions for tampering (in which he led police on a high-speed chase in a stolen vehicle), drug trafficking and carrying a concealed weapon. McDaniel was on parole at the time of the federal offenses.
This case was prosecuted by Assistant U.S. Attorneys Alison D. Dunning and Emily A. Morgan. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Raytown, Mo., Police Department and the Missouri State Highway Patrol.
Lavina Man Sentenced to over Three Years for Possessing a RifleRead the Press Release
BILLINGS - The United States Attorney’s Office announced today that Troy Willoughby was sentenced to 44 months in prison, three years of supervised release, and a $100 special assessment. U.S. District Judge Susan P. Watters presided over the hearing.
Willoughby previously entered a plea of guilty to a single-count indictment charging him being a felon in possession of a firearm. In November 2016, law enforcement in Golden Valley County responded to a domestic assault involving Willoughby. The victim of the assault later told law enforcement that Willoughby had a rifle even though he was prohibited from possessing a firearm. Willoughby was later asked about the rifle. He initially denied possession of the gun, but later admitted he had it and told law enforcement where it was hidden. Law enforcement subsequently found the Savage, Model III, .270 caliber, bolt action rifle and ammunition.
Willoughby is prohibited from possessing a firearm following a previous felony conviction in Golden Valley County.
In a sentencing memorandum filed in federal court, federal prosecutors noted, “Willoughby is 54 years old and has spent numerous years within the criminal justice system.” Willoughby has six previous felony convictions, including, convictions for partner/family member assault and domestic violence. He has assaulted his family members, including his grandmother, his girlfriend and his girlfriend’s son. Prosecutors noted that Willoughby “has a propensity for violence” and “seemingly does not take the criminal justice system seriously.”
The Willoughby case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, in conjunction with Golden Valley County Sheriff’s Office and other federal, state, and local agencies.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
Justice Department Statement on Claims of NIJ Certification of Ballistic BackpacksRead the Press Release
In recent days, multiple media outlets have repeated misleading statements made by companies about "NIJ certification" of their ballistic backpack products.
United States Justice Department spokesperson Devin O'Malley issued the following statement regarding claims of NIJ Certification of Ballistic Backpacks. "The National Institute of Justice—the research, development, and evaluation agency of the Department of Justice—has never tested nor certified ballistic items, such as backpacks, blankets, or briefcases, other than body armor for law enforcement. Marketing that claims NIJ testing or certification for such products is false."
The only ballistic-resistant product that NIJ certifies is law enforcement body armor that meet the requirements of NIJ’s Compliance Testing Program (CTP), which are then listed on NIJ’s Compliant Products List. Testing body armor involves a technically rigorous test campaign that must be carried out by one of four laboratories that are accredited by the National Voluntary Laboratory Accreditation Program and approved by NIJ to participate in the CTP. The protocols and procedures are described in the current NIJ performance standard NIJ Standard 0101.06, Ballistic Resistance of Body Armor.
Justice Department Files Federal Lawsuit Against WiFi Alliance to Enforce Employment Rights of United States Army Reserve OfficerRead the Press Release
The Civil Rights Division and the United States Attorney’s Office for the Western District of Texas jointly announced today the filing of a complaint in federal district court against WiFi Alliance, a non-profit organization headquartered in Austin. The complaint alleges that WiFi Alliance violated the employment rights of Lieutenant Colonel (LTC) Charles O’Donnell, an Army Reservist, under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
According to the complaint, O’Donnell’s military service was a motivating factor in WiFi Alliance’s decision to terminate his employment in 2016. WiFi Alliance implemented a reduction in force that resulted in its laying off O’Donnell concurrent with his military duty supporting West Point Admissions at the United States Military Academy. O’Donnell, a program manager, was selected for termination despite positive performance evaluations, seniority, and unique job responsibilities as compared to employees who were not laid off. O’Donnell served more than 22 years in the Armed Forces, and was a program manager with WiFi Alliance for three years before he was terminated. He was notified of his termination less than a month after he returned from military service.
“Through this lawsuit, the Department of Justice reaffirms its commitment to protecting the employment rights of the members of our Armed Forces,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The men and women of our armed services expect and are entitled to the peace of mind of knowing that their civilian employment will not be jeopardized because they serve our country.”
“Members of our armed forces make many sacrifices, including spending months or years away from their jobs and families,” said U.S. Attorney John F. Bash of the Western District of Texas. “When our service members are away from their homes, jobs, and families in the service of our country, they are entitled to retain their civilian employment and to the protections of federal law that prevent them from being subject to discrimination based upon their military obligations. We are filing suit today, as representatives of Lieutenant Colonel O’Donnell, a member of the United States Army Reserve, to ensure that he does not lose his rights while he was protecting ours.”
The lawsuit filed by the United States seeks damages equal to the amount of LTC O’Donnell’s lost wages and benefits. It also seeks an order requiring WiFi Alliance’s compliance with all provisions of USERRA.
LTC O’Donnell initially filed a complaint with the Department of Labor’s Veterans’ Employment and Training Service (VETS), which investigated this matter and attempted to reach a resolution between the parties. After resolution failed, VETS referred the complaint to the Justice Department’s Civil Rights Division, Employment Litigation Section. This lawsuit followed as a collaborative initiative between the Civil Rights Division and the U.S. Attorney’s Office for the Western District of Texas.
Congress enacted USERRA to reduce employment disadvantages faced by non-career service members; to provide prompt reemployment for returning service members; to minimize disruption to the lives of those performing military service, their employers and others; and to prohibit discrimination and retaliation against those who serve in the uniformed services.
The Justice Department’s Civil Rights Division has given high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.usdoj.gov/crt/emp and www.servicemembers.gov, as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm.
Jury Convicts KC Man of Meth ConspiracyRead the Press Release
KANSAS CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was convicted by a federal trial jury today of his role in a meth-trafficking conspiracy.
Marcell Shavers, 27, of Kansas City, was found guilty of one count of participating in a conspiracy to possess methamphetamine with the intent to distribute.
On Jan. 1, 2014, Kansas City, Mo., police officers responded to a reported shooting. Upon arrival, they discovered the body of Jose Medellin, who had been fatally shot. They also found several shell casings at the scene as well as two plastic bags containing more than 55 grams of methamphetamine in Medellin’s possession.
The person who reported the shooting had gone to Discount Smokes on Independence Avenue to obtain some cigarettes. While at the store, he was approached by James P. Roberts, 26, of Kansas City, Mo., who asked about obtaining methamphetamine. He replied that he knew a source and would set up a meeting.
The witness contacted Medellin, then picked up Roberts at Discount Smokes and they drove to Medellin’s apartment building. He told Medellin that Roberts wanted to buy $1,000 of methamphetamine, and Medellin told him to bring Roberts inside the apartment building. The three men met in the laundry room on the ground floor, but when a car alarm went off, the witness went out to shut it off. He could not re-enter the laundry because it locked automatically and could only be opened from the inside.
Although he could not reenter the building, the witness could see through the windows and saw Roberts with an unknown man, later identified as Shavers. He witnessed Medellin being shot. Medellin tried to run from the shooter but was unable to escape. Medellin was shot in the abdomen, turned to run, was shot in the right buttock, fell to the ground and was shot in the back while on the ground. After Medellin fell, ran to a nearby Quik Trip and called the police.
Shavers later told another person that he and Roberts had met with Medellin to conduct a drug deal.
Roberts admitted that, while he possessed a handgun during the drug transaction, he never fired at Medellin. Roberts pleaded guilty on Feb. 1, 2018, to conspiracy to distribute methamphetamine, which resulted in the killing of Medellin. Under the terms of his plea agreement, Roberts will be sentenced to between 20 and 30 years in federal prison without parole.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for approximately seven hours over two days before returning the guilty verdict to U.S. Chief District Judge Greg Kays.
Under federal statutes, Shavers is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 40 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Jeffrey Valenti and Joseph M. Marquez. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Judge Sends Two to Prison for Similar Drug Smuggling SchemesRead the Press Release
LAREDO, Texas – A Laredo man and a Houston woman are headed to federal prison in separate, but similar cases involving drug smuggling via their vehicles, announced Ryan K. Patrick.
Celeste Esperanza Muñoz, 27, and Ismael Gonzalez, 34, pleaded guilty in December and September 2017, respectively.
Today, Visiting U.S. District Judge Keith P. Ellison ordered Muñoz to serve a 70-month term of imprisonment for her conviction of conspiracy to import methamphetamine. Gonzalez entered a guilty plea to conspiracy to possess with intent to distribute more than 100 kilograms of marijuana and received a sentence today of 80 months in prison. Muñoz and Gonzalez were further ordered to serve five and four years of supervised release, respectively.
On Sept. 7, 2017, Muñoz arrived at the International Bridge II in Laredo for inspection. Soon after, law enforcement discovered 56 kilograms of methamphetamine in a false compartment inside the gas tank of the Ford Explorer she was driving.
In the second case, Gonzalez admitted he took part in a conspiracy to smuggle 171.2 kilograms of marijuana. On July 1, 2017, he attempted to smuggle the drugs in the rear compartment of the 2005 Hummer he was driving. Authorities uncovered the marijuana after he arrived at the IH-35 checkpoint for inspection.
Muñoz was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future. Gonzalez has been and will remain in custody.
Immigration and Customs Enforcement’s Homeland Security Investigations and Customs and Border Protection conducted the investigation involving Muñoz, while the Drug Enforcement Administration and Border Patrol worked the Gonzalez matter. Assistant U.S. Attorney José Angel Flores Jr. prosecuted both cases.
Jesse Denver Hanes Sentenced to Life Imprisonment for Conviction on Federal Firearms and Carjacking Charges Arising Out of Shooting of Hatch Police OfficerRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division and Chief James Gimler of the Hatch Police Department announced that Jesse Denver Hanes, who shot and killed Hatch Police Officer Jose Chavez on Aug. 12, 2016, was sentenced today to a lifetime of imprisonment for his conviction on federal firearms and carjacking charges arising out of his efforts to evade arrest following the shooting. Hanes was also ordered to pay a total of $38,553.02 in restitution to the victims of his crimes. Hanes, 40, of Columbus, Ohio, was sentenced this morning on his federal conviction by U.S. District Judge Robert C. Brack in federal court in Las Cruces, N.M.
Third Judicial District Attorney Mark D’Antonio, Chief Pete N. Kassetas of the New Mexico State Police, and Doña Ana County Sheriff Enrique Vigil joined U.S. Attorney Anderson, FBI Special Agent in Charge Wade and Hatch Police Chief Gimler in announcing the sentence.
“Today, the law enforcement community made good on its pledge to hold Jesse Denver Hanes fully accountable for his day-long violent crime spree that included the murder of Hatch Police Officer Jose Chavez and the carjacking of three victims, and broke the hearts of Officer Chavez’s family, the Hatch Police Department and the Village of Hatch,” said U.S. Attorney Anderson. “The U.S. Attorney’s Office has made a commitment to the courageous officers who put their lives on the line to protect us and safeguard our communities – violence at any level against officers will not be tolerated. We will pursue federal charges against those who seek to harm officers whenever we have jurisdiction and the evidence to do so.”
“We hope today’s sentencing gives Officer Jose Chavez’s loved ones some measure of justice,” said FBI Special Agent in Charge Wade. “His memory will inspire all of us in law enforcement to continue to do our jobs the way he did his, with dedication and perseverance.”
“I am grateful to all of the law enforcement officers, the prosecutors, and the community who worked so hard to bring Mr. Haynes to justice in this case. The loss of Officer Chavez was a tragedy, but I am inspired by the way that our community came together to support him and his family,” said Chief Gimler of the Hatch Police Department. “Knowing that Mr. Hanes will spend the rest of his life in prison cannot bring Officer Chavez back, but I hope that his family will find some solace in knowing that his killer will never again walk the streets a free man and that he will never again be able to take an innocent person’s life.”
Hanes was sentenced as the result of the guilty plea he entered on May 30, 2017, to a five-count superseding indictment charging him with attempted carjacking; brandishing a firearm during a crime of violence; carjacking resulting in serious bodily injury; discharging a firearm during a crime of violence; and being a felon in possession of a firearm. Hanes admitted committing the five offenses on Aug. 12, 2016, in Doña Ana County, N.M. At the time, Hanes was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Hanes was arrested on federal charges on Aug. 16, 2016. According to court filings, on Aug. 12, 2016, Officer Chavez executed a traffic stop in Hatch, N.M., on a vehicle driven by Hanes and in which two other men were passengers. During the traffic stop, Hanes shot Officer Chavez in the upper torso, and Officer Chavez later died as the result of the gunshot wound. After fleeing from the scene of the shooting, Hanes and his passengers parted company and Hanes traveled to a rest area near Radium Springs, N.M., where he attempted to carjack two individuals by brandishing a firearm at them. Shortly thereafter, Hanes carjacked a man at the same rest area by shooting him in the leg and drove away in the injured man’s vehicle. When deputies of the Doña Ana County Sheriff’s Office arrested Hanes later that day, they found the handgun Hanes used to shot Officer Chavez and the carjack victim.
Hanes was charged with and pled guilty to the first-degree murder of Officer Chavez and related crimes in the Third Judicial District Court for the State of New Mexico in Doña Ana County. Hanes was sentenced to a term of life in prison without parole in the state murder case in Sept. 2017. Under the terms of plea agreement entered into by Hanes and the U.S. Attorney’s Office, Hanes’ federal sentence of life imprisonment will run concurrent with his life sentence in the New Mexico state murder case.
“This case is a shining example of how law enforcement agencies can work together to protect the safety of the public,” said Doña Ana County District Attorney D’Antonio. “Not only was Mr. Hanes sentenced to life in prison without the possibility of parole on his state charges, he will now serve the same sentence for his federal offenses. I am grateful to our federal counterparts in the U.S. Attorney’s Office for their diligent work and cooperation on this case.”
“The law enforcement community has felt the deep loss of one of our own in the death of Officer Jose Chavez,” said New Mexico State Police Chief Kassetas. “However, the New Mexico State Police has worked diligently with our partners to bring justice in this case. We are determined to honor the life of Officer Jose Chavez, and his service will never be forgotten.”
“Our department is pleased with the proceedings of today’s sentence,” said Dona Ana County Sheriff Vigil. “Over the past 18 months, a family and a community have grieved the loss of a good man and a good police officer. The impact of Mr. Hanes’s heinous actions will be felt forever, but today we move on.”
Hanes is still facing an unrelated state murder charge in Ohio, on which he has yet to be arraigned. Criminal charges are merely accusations, and defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The federal case was investigated by the Las Cruces office of the FBI, Hatch Police Department, Doña Ana County Sheriff’s Office and New Mexico State Police, with assistance from the 3rd Judicial District Attorney’s Office. The following law enforcement agencies assisted in the investigation: the Albuquerque and El Paso offices of the FBI, Bureau of Alcohol, Tobacco, Firearms and Explosive, DEA, U.S. Marshals Service, Homeland Security Investigations, U.S. Border Patrol, Las Cruces Police Department, the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force, El Paso (Texas) County Sheriff’s Office and El Paso (Texas) Police Department.
Assistant U.S. Attorneys Marisa A. Ong and Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office prosecuted the federal case against Hanes as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their felony conviction records for federal prosecution with the goal of removing violent, repeat offenders from communities in New Mexico for as long as possible.
Jefferson County man admits to firearm chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Adam Joseph Plauche, of Harpers Ferry, West Virginia, has admitted to selling a stolen firearm, United States Attorney Bill Powell announced.
Plauche, age 37, pled guilty to one count of “Possession and Sale of Stolen Firearm.” Plauche admitted to having a stolen firearm and shipping it across state lines in September 2015 in Jefferson County, West Virginia.
Plauche faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Paul T. Camilletti is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.U.S. Magistrate Judge Robert W. Trumble presided.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Johnston in Great Falls on March 1, 2018 and entering pleas of Not Guilty were:
- JACK RAYMOND TOME, a 63-year-old resident of Stockett, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, TOME faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Russell Country Drug Task Force and Homeland Security Investigations. PACER Case Reference. 18-17
Appearing before U.S. Magistrate Cavan in Billings on March 1, 2018 and entering pleas of Not Guilty were:
- DAWAN DEONTE JONES, a 26-year-old resident of Laurel, appeared on charges of failure to register as a sex offender. If convicted of the charge contained in the indictment, JONES faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the United States Marshals Service. PACER Case Reference. 18-23
- DOUGLAS CAMPBELL RALEIGH, a 42-year-old resident of Billings, appeared on charges of possession with intent to distribute controlled substances, and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious charge contained in the indictment, RALEIGH faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Eastern Montana HIDTA. PACER Case Reference. 18-27
- SAFARA ECHO SHORTMAN, a 30-year-old resident of Billings, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, SHORTMAN faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation, Eastern Montana HIDTA, and Montana Division of Criminal Investigations. PACER Case Reference. 18-28
- SHAWNA MAE SMITH, a 39-year-old resident of Billings, appeared on charges of possession with intent to distribute methamphetamine. If convicted of the charge contained in the indictment, SMITH faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 18-29
Appearing before U.S. Magistrate Cavan in Billings on February 27, 2018 and entering pleas of Not Guilty were:
- CHRISTOPHER ALLEN JONES, a 33-year-old resident of Billings, appeared on charges of conspiracy to possess with intent to distribute and to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, JONES faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 18-10
Appearing before U.S. Magistrate Cavan in Billings on February 26, 2018 and entering pleas of Not Guilty were:
- THOMAS BLAZE HORN, a 30-year-old resident of Lodge Grass, appeared on charges of failure to register as a sex offender. If convicted of the charge contained in the indictment, HORN faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the United States Marshals Service. PACER Case Reference. 18-22
Appearing before U.S. Magistrate Cavan in Billings on February 23, 2018 and entering pleas of Not Guilty were:
- MICHAEL ARNOLD DELACK, a 48-year-old resident of Big Timber, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, DELACK faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 18-17
Appearing before U.S. Magistrate Lynch in Missoula on February 22, 2018 and entering pleas of Not Guilty were:
- PHILLIP DEVON JOHNSON, a 25-year-old resident of Spokane, Washington, appeared on charges of conspiracy to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, JOHNSON faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by Homeland Security Investigations. PACER Case Reference. 17-24
Appearing before U.S. Magistrate Cavan in Billings on February 22, 2018 and entering pleas of Not Guilty were:
- STEVE JOAQUIN COLUNGO, JR., a 56-year-old resident of Boise, Idaho, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, COLUNGO, faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 17-60
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Heroin and Methamphetamine Dealers Sentenced in Wichita FallsRead the Press Release
WICHITA FALLS —Darrell Ellington, 58, and Craig Lain, 56, of Wichita Falls, Texas, were sentenced on February 26, 2018, before U.S. District Judge Reed O’Connor, following their guilty pleas to their roles in a conspiracy to distribute heroin and methamphetamine in the Wichita Falls, Texas, area, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
Ellington and Lain were sentenced to 100 months and 14 months in federal prison, respectively. The following co-defendants previously pleaded guilty to their roles and were sentenced by Judge O’Connor in December 2017:
Eric Lee Portier, 37, 188 months
Michael Brooks, 50, 120 months
Crystal Pond, 34, 107 months
Jon Alan Brooks, 54, 105 months
Mario Daniel Rodriguez, 26, 70 months
David Standridge, 52, 51 months
Bryan Tresenriter, 38, 46 months
Jaci Lea Carter, 28, 24 months
According to plea documents filed in the case, the defendants conspired with each other and others to obtain heroin and/or methamphetamine in the Dallas, Texas, area, and transport it back to Wichita Falls for distribution. Portier also pled guilty and was sentenced for being a felon in possession of a firearm during the time of the conspiracy.
The Wichita County District Attorney’s Office Drug Enforcement Division, the Texas Department of Public Safety Criminal Investigation Division, and the Wichita County Sheriff’s Office investigated the case with assistance from the United States Marshal Service, Decatur Police Department, Bridgeport Police Department, and Wichita Falls Police Department. Assistant U.S. Attorney Myria Boehm prosecuted.
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Henryetta Woman Sentenced to 60 Months Probation, $567,000 Restitution for Credit Union TheftRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Carol Lynn Been, age 60, of Henryetta, Oklahoma, was sentenced to 5 years of probation and ordered to pay restitution in the amount of $567,774.87 for Credit Union Theft, Embezzlement And Misapplication, in violation of Title 18, United States Code, Section 657. The charge arose from an investigation by the Federal Bureau of Investigation.
The Indictment alleged that from in or about 2014, the exact date unknown to the Grand Jury, until on or about June 18, 2017, in the Eastern District of Oklahoma, defendant Carol Lynn Been, being an officer, director, agent, or employee of, or connected in a capacity with, OSU-IT Federal Credit Union of Okmulgee, Oklahoma, a credit union whose deposits are insured by the National Credit Union Administration, with intent to injure and defraud the said OSU-IT Federal Credit Union of Okmulgee, Oklahoma, willfully misapplied, embezzled, abstracted, and purloined more than $1,000.00 of the moneys, funds, assets or securities entrusted to the custody or care of OSU-IT Federal Credit Union of Okmulgee, Oklahoma, in that the defendant withdrew cash from the vault of the credit union and misapplied, embezzled, abstracted and purloined the funds.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. First Assistant United States Attorney Douglas A. Horn represented the United States.
Hattiesburg Man Sentenced for Prescription Drug FraudRead the Press Release
Gulfport, Miss. – Terry O’neal Grant, 30, of Hattiesburg, was sentenced today by U.S. District Judge Sul Ozerden to 16 months in federal prison followed by one year of supervised release for two counts of prescription fraud, announced U.S. Attorney Mike Hurst and Drug Enforcement Administration (DEA) Special Agent in Charge Stephen G. Azzam. Grant was also ordered to pay a $3,000 fine.
On October 18, 2017, Grant pled guilty to providing a fraudulent prescription for 120 dosage units of oxycodone on November 10, 2015, in his mother’s name, to John’s Discount Pharmacy in Lamar County. He brought the prescription to the pharmacy and picked it up. Grant also pled guilty to providing the Target CVS Pharmacy in Lamar County with another fraudulent prescription on November 16, 2015, in his sister’s name, for 120 dosage units of oxycodone. He admitted to asking an employee of Gulf Oaks Mental Health Clinic to write the fraudulent prescriptions. At his request, Grant had numerous other individuals obtain prescriptions for him. Eleven other individuals were indicted with Grant, and ten of them have since pled guilty.
In 2017, Grant was also on federal probation for a previous sentence. He was revoked by Judge Keith Starrett on August 15, 2017, for his arrest involving the prescription fraud case. He was sentenced to 37 months imprisonment and 3 years of supervised release. The sentence imposed by Judge Ozerden will run consecutive to the sentence imposed by Judge Starrett.
The case was investigated by the DEA Tactical Diversion Squad and Mississippi Bureau of Narcotics. It was prosecuted by Assistant U.S. Attorney Kathlyn R. Van Buskirk.
Hamden Man Who Distributed Fentanyl Disguised as Oxycodone Sentenced to PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that AGUSTIN CIRINO, 30, of Hamden, was sentenced today by Chief U.S. District Judge Janet C. Hall in New Haven to 12 months and one day of imprisonment, followed by three years of supervised release, for distributing fentanyl disguised as oxycodone. Chief Judge Hall also ordered CIRINO to perform 200 hours of community service.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, on March 9, 2017, the Hamden Police Department and emergency medical personnel responded to a Hamden residence where a 30-year-old male was found deceased. At the scene, investigators seized drug and non-drug evidence, including three suspected oxycodone tablets and the victim’s cellphone. The investigation revealed that the victim arranged to purchase oxycodone tablets from CIRINO on March 7 and March 8.
The DEA Northeast Laboratory subsequently determined that the seized tablets contained fentanyl, acetaminophen and dipyrone, not oxycodone. The Office of the Chief Medical Examiner also determined that the victim died as a result of “acute fentanyl toxicity, clonazepam, duloxetine use.”
CIRINO was arrested on May 9, 2017. On November 16, he pleaded guilty to one count of possession with intent to distribute, and distribution of fentanyl.
This matter was investigated by the Drug Enforcement Administration’s New Haven Task Force and the Hamden Police Department. The case was prosecuted by Assistant U.S. Attorney Brian P. Leaming.
Gastonia Man Charged in Series of Car Break-Ins at Pisgah National Forest Is Sentenced to Three YearsRead the Press Release
ASHEVILLE, N.C. – U.S. District Judge Martin Reidinger sentenced David Duane Banchetto, 43, of Gastonia, N.C., to 36 months in prison and three years of supervised release for his role in a series of car break-ins at Pisgah National Forest, announced R. Andrew Murray, United States Attorney for the Western District of North Carolina. Banchetto was also ordered to pay restitution to all the victims for the costs of the vehicle repairs and for the value of the property that was stolen.
Greg Wiest, Acting Special Agent in Charge of ICE/Homeland Security Investigations (HSI) in Georgia and the Carolinas and Sheriff David A. Mahoney of the Transylvania County Sheriff’s Office join U.S. Attorney Murray in making today’s announcement.
According to court documents and today’s sentencing hearing, Banchetto and co-defendants, Elija Antwon Hope, Heather Nicole Postell, Montzerrath Tello-Aguilar and Kaleb Alexander Weaver engaged in a scheme to break into cars at Pisgah National Forest, to steal credit cards, debit cards and other items from vehicles parked in the area. Court records show that on June 29, 2017, law enforcement began to receive reports of multiple vehicle break-ins in that area. In the days that followed, at least five vehicle breaking and entering cases had been reported. Over the course of the investigation, law enforcement recovered surveillance videos and pictures from local businesses where the stolen credit/debit cards had been used. On July 16, 2017, law enforcement arrested the five co-conspirators after a suspicious vehicle was reported in an area of Pisgah National Forest. According to court records, law enforcement determined that Banchetto was the person responsible for breaking out the windows of the vehicles from which the items were stolen. On November 22, 2017, Banchetto pleaded guilty to destruction of property on national lands.
Tello-Aquilar was previously sentenced to six months in prison and two years of supervised release. The remaining three co-defendants, Hope, Postell and Weaver, are currently awaiting sentencing.
In announcing today’s sentence Judge Reidinger referred to the national forests and parks of the Western District of North Carolina as “national treasure” and property of all citizens, noting that these types of crimes deter people from coming and enjoying them.
The Transylvania Sheriff’s Office and HSI led the investigation.
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In a separate case, Judge Reidinger also sentenced today Mack Blaine Whittle, 32, of Anderson, S.C., to 33 months in prison and three years of supervised release for a series of car break-ins at Pisgah National Forest and the Blue Ridge Parkway in June 2017. Whittle was also ordered to pay restitution to the victims for the costs of the vehicle repairs and for the value of the property he stole. According to court records, Whittle broke into parked vehicles, stealing cash, debit cards and other items, including a firearm. Over the course of the investigation, law enforcement determined that Whittle had attempted to pawn unsuccessfully some of the stolen items, including the firearm. Law enforcement also determined that Whittle had a prior conviction and was prohibited from possessing a firearm. Whittle’s co-defendant, Lisha Nicole Minor, admitted that she had been with Whittle when the vehicle break-ins occurred, and that she had been using her cell phone to look up the values of some of the stolen items. She was also sentenced today to 14 months in prison and three years of supervised release.
U.S. Attorney Murray thanked the U.S. Forest Service, the Transylvania County Sheriff’s Office and the Brevard Police Department for their investigation of the case.
Assistant United States Attorney Richard Edwards, of the U.S. Attorney’s Office in Asheville, prosecuted both cases.
Garner Man Sentenced to More Than 10 Years for Narcotics and Firearm OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, Senior United States District Judge W. Earl Britt sentenced TRAVEON SHAQUILLE MARTIN, 24, of Garner to 130 months of imprisonment followed by 3 years of supervised release.
MARTIN was named in a four-count Indictment filed on August 2, 2017. On October 30, 2017, MARTIN subsequently pled guilty to Distribution of a Quantity of Cocaine Base and Aiding and Abetting; Distribution of a Quantity of Cocaine Base; Felon in Possession of a Firearm; and Possession of a Stolen Firearm.
On October 25, 2016, Raleigh Police Department (RPD) officers utilized a confidential informant (CI) to make a controlled purchase of cocaine base (crack) at the New Bern Mart on New Bern Avenue in Raleigh. The CI, who was equipped with audio and video recording equipment, parked his/her vehicle in the parking lot and was approached by a male, who asked the CI what he wanted. The CI requested $40 worth of crack, at which time the man walked away and retrieved the crack from a second male, later identified as MARTIN, who was sitting in a vehicle. The man then provided 0.3 gram of crack to the CI. MARTIN subsequently spoke with the CI and identified himself as “Trigger,” provided the CI with his telephone number, and told the CI to call him next time.
On April 18, 2017, RPD officers observed MARTIN walking down New Bern Avenue in Raleigh, and knew him to have outstanding warrants for his arrest (unrelated to this case). When MARTIN observed the officers approaching, he attempted to flee on foot, but was pushed to the ground by an officer. Before that officer was able to make the arrest, MARTIN stood up and took a fighting posture. MARTIN and the officer engaged in a lengthy struggle while a second officer attempted to assist. MARTIN struck the second officer in the neck, causing a laceration and a contusion to the officer’s neck. During the fight, MARTIN attempted to bring his hands to the front of his waistband several times, and officers believed he was attempting to gain access to a weapon based upon the level of resistance and determination MARTIN was displaying. Eventually, the first officer was able to take MARTIN to the ground, at which time the second officer tasered MARTIN. MARTIN was then placed under arrest. Officers recovered a stolen .38 caliber revolver from MARTIN’S front waistband. The firearm was loaded with five .38 caliber bullets. Officers also recovered 10 dosage units (2 grams) of crack and $173 in United States currency from MARTIN’S pants pocket.
The following information was introduced in the hearing by the government to request an enhancement of MARTIN’S sentence. On November 27, 2017, while awaiting sentencing for this case at the Brunswick County Jail, MARTIN was charged with felony Assault Inflicting Physical Injury of a Law Enforcement, Probation, or Parole Officer and misdemeanor Assault on a Government Official or Employee, and Simple Assault. On November 21, 2017, an officer at the Brunswick County Jail was passing out food trays to inmates when MARTIN slapped a tray out of the officer's hands. A verbal altercation between the officer and MARTIN ensued, at which time MARTIN struck the officer several times with a closed fist about the face and head, knocking him to the floor. MARTIN continued to attack the officer while the officer was on the ground and attempting to escape. Another inmate attempted to help the officer when a third inmate intervened and assaulted the inmate who was attempting to help, which allowed MARTIN to continue his attack on the officer. Several inmates then engaged in physical altercations while additional officers responded and eventually separated the inmates. The officer reported that he lost consciousness during the attack. The officer was transported to the hospital for treatment. The officer suffered cuts and abrasions about his face, neck, and mouth, and a gash on his head which required stitches. The incident was captured on video which was shown during the sentencing hearing.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The Raleigh Police Department and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) conducted the criminal investigation of this case. Assistant United States Attorney Jane J. Jackson handled the prosecution of this case for the government.
Fugitive in Bank Fraud Scheme ApprehendedRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – Loren Park, a/k/a “Loren Yong Park,” age 50, formerly of Falls Church, Virginia was arrested on February 22, 2018 in South Korea and extradited to Maryland to face charges relating to bank fraud.
In 2011, a federal grand jury indicted Park and his brother Yong Park, of Falls Church, Virginia and Nick Park, of McLean, Virginia on charges of conspiring to commit bank fraud in connection with a scheme to fraudulently obtain business loans guaranteed by the Small Business Administration, with resulting losses of over $100 million.
The arrest was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation; U.S. Marshal for the District of Maryland Johnny Hughes; and Small Business Administration Acting Inspector General Hannibal “Mike” Ware.
According to the 2011 superseding indictment, the Park brothers owned Jade Capital & Investments, LLC. Jade Capital was a loan brokerage company operated by Joon and Loren Park and specializing in securing loans for individuals interested in purchasing or refinancing small businesses in the Mid-Atlantic area. According to the 2011 indictment, Joon, Loren and Nick Park encouraged prospective borrowers using the services of Jade Capital to apply for business loans through the SBA’s Section 7(a) program, which guaranteed 75% - 90% of qualified loans made by banks and other commercial lending institutions. Under this program, the principals of the small business seeking the loan were required to invest a certain amount of their own money, called an equity injection, before they qualified for a loan. The banks and other lending institutions making the loan bore the risk of payment default only up to the percentage of the loan not guaranteed by the SBA.
The indictment alleges that from February 2005 until October 2011, Joon, Loren, and Nick Park submitted SBA loan applications and supporting documentation to loan originators and underwriters on behalf of their clients. The indictment alleges that the packages contained fraudulent personal financial statements and/or monthly bank statements which overstated the net worth and equity injection of the borrowers and falsely enhanced the creditworthiness of the borrowers and their businesses.
The indictment alleges that Joon and Loren Park altered copies of the borrowers’ monthly bank statements to fraudulently reflect more money than was actually in the accounts; created false bank statements for accounts that did not exist; and provided some of the financial institutions with misleading summaries of the borrowers’ business experience in order to falsely enhance the borrowers’ ability to manage the business and make the required loan payment.
The indictment further alleges that Joon, Loren and Nick Park and Jade Capital supplied some financial institutions with fraudulent gift letters falsely representing the source of the borrowers’ down payments and equity injections. Also according to the indictment, Joon Park, Loren Park and Jade Capital submitted financial documentation to lenders that misrepresented the equity injection of the principal owners of 51 businesses that had applied for SBA-guaranteed loans. In addition, the defendants charged a loan brokerage fee to both the financial institutions and the borrowers for assembling and submitting loan application packages that resulted in the issuance of SBA-guaranteed loans.
The indictment alleges that Joon Park submitted fraudulent documentation, including a personal financial statement and monthly bank statements in connection with an SBA loan application for a car wash business in which he was the principal owner.
Parks co-conspirators all pleaded guilty and were sentenced to the following:
Joon Park was sentenced to 188 months in prison; Nick Park was sentenced to 33 months in prison; Joo Hyuk “John” Lee was sentenced to three years in prison; Sang Hyun Kim was sentenced to three years in prison; In Jung Ham was sentenced to a year and a day in prison; and Seung E. Oh, a/k/a Sandy Oh was sentenced to 51 months in prison.
Park faces a maximum sentence of 30 years in prison for the conspiracy. Park remains detained.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
Acting United States Attorney Stephen M. Schenning commended the FBI, U.S. Marshals and SBA for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Marty Clarke and Leo Wise, who are prosecuting the case.
Four from Toledo area indicted for creating false IDs; prosecutors seek to forfeit $5.4 million in illegal profitsRead the Press Release
A federal grand jury returned four-count indictment charging four people from the Toledo area with production of false identification document, transfer of false identification documents, and possession of document-making implements and authentication features, said U.S Attorney Justin E. Herdman.
Charged in the indictment are: Mark Alex Simon, 34; Sarah Alberts, 34; Aaron Kuns, 33, and Benjamin Stalets, 28. Alberts is from Perrysburg, the others are from Toledo.
The defendants created and transferred documents which appeared to drivers’ licenses and personal identification cards issued by the states of Ohio, Michigan and Utah. This took place between June 2013 and February 2018, according to the indictment.
Prosecutors are seeking to forfeit more than 500 bitcoins with an estimated value of $5.1 million, approximately $8,603 in cash and gold and silver coins and bars with an estimated value of $265,299 that were seized as part of the investigation, according to the indictment.
This case is the result of partnership between the Lucas County Prosecutor’s Office and United States Attorney’s Office. Assistant United States Attorneys Noah P. Hood and Robert W. Kern are prosecuting the case following an investigation by the Ohio Department of Public Safety-Ohio Investigative Unit, United States Secret Service, and Wood County Prosecutor's Office.
If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ role in the offenses, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Four People Indicted for Defrauding Social Security Benefit ProgramsRead the Press Release
LEXINGTON, Ky. – A federal grand jury returned three indictments today charging four individuals with defrauding the Social Security Administration (SSA).
The grand jury returned an indictment charging 47-year-old David Kuenstner and 46-year-old Roxanne Russ with one count of conspiring to defraud the United States, one count of theft of public funds, and three counts of making false statements to the SSA. The indictment alleges that Kuenstner and Russ repeatedly lied to the SSA about the living arrangements of Kuenstner’s son, in order to collect Supplemental Security Income (SSI) on the son’s behalf. Kuenstner and Russ used the SSI benefits to fund their own lifestyles.
The grand jury also returned an indictment charging 53-year-old Robert Olin with one count of theft of public funds, one count of SSA Fraud, and one count of falsifying and concealing a material fact in connection with a health care benefit program. The indictment alleges that Olin intentionally concealed that he was receiving payments from his deceased mother’s estate in order to continue to receive Supplemental Security Disability Income benefits. As a result of concealing this information, the indictment also alleges, Olin received Kentucky Medicaid benefits to which he was not entitled.
The grand jury returned an indictment charging 35-year-old Tabitha Chapman with one count of theft of public funds and one count of SSA Fraud. The indictment alleges that Chapman lied to the SSA about the custody and support arrangements regarding her minor child, in order to collect SSA Survivor’s Representative Payments on the child’s behalf.
Robert M. Duncan, Jr., U.S. Attorney for the Eastern District of Kentucky, and Margaret Moore-Jackson, Special Agent in Charge, Social Security Administration, Office of Inspector General, Atlanta Field Division, jointly announced the indictments. The Office of Inspector General conducted the investigation preceding each indictment.
Dates for each of the defendants to appear in court have not yet been set. If convicted, the defendants face up to five years in prison for each of the conspiracy, SSA fraud, and false statement charges, and up to ten years in prison for the theft of public funds. However, any sentence following a conviction would be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statutes.
An indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial, at which the government must prove guilt beyond a reasonable doubt.
Fort Wayne Man ChargedRead the Press Release
FORT WAYNE – Steven Gagnon, 55, of Fort Wayne, Indiana was indicted for being a felon in possession of a firearm.
According to documents in this case, Gagnon was arrested after allegedly selling a weapon and discussing the sale of other weapons to a confidential informant (CI). He allegedly sold the CI a shotgun, ammunition and accessories for $600. During the transaction, he discussed the sale of other firearms and ammunition, which were subsequently seized by law enforcement during the execution of a search warrant. The weapons seized included a model 770, .300 caliber rifle; a model FNAR, .308 rifle; a model 20, .22 caliber rifle; and model M70A, 9mm handgun. The FNAR was listed in the complaint as an AR-10 military style rifle which had 10 boxes of ammunition, 3 high capacity magazines and 1 10-round magazine which were all loaded. There were also over 36 boxes of various ammunition and various reloading equipment found during the search. Gagnon was convicted of a felony offense in December of 2015 in Allen County Superior Court.
U.S. Attorney Kirsch, “My office will continue to aggressively prosecute violations of federal firearms laws. Felons cannot possess firearms. This law is simple and straightforward. When felons do possess firearms, they will be prosecuted to fullest extent permitted by law.”
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the Bureau of Alcohol Tobacco Firearms and Explosives, the Indiana State Police and the Auburn Police Department and is being handled by Assistant U.S. Attorney Anthony W. Geller.
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Former Utah CEO Sentenced to Prison for Tax EvasionRead the Press Release
SALT LAKE CITY – A former CEO of a Salt Lake City, Utah, company was sentenced Wednesday afternoon to 12 months and 1 day in prison for tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney John W. Huber for the District of Utah.
Peter Nordberg, 62, of Alameda, California, pleaded guilty in September 2017 to tax evasion. According to court documents, Nordberg was the Chief Executive Officer of Max International, a company that produces and markets nutritional supplements directly and through independent associates and distributors. As an employee of Max International, Nordberg earned a salary and commissions equal to a percentage of sales. Nordberg caused Max International to pay his bonus income to a nominee entity he established, and used a bank account in the name of the nominee entity to pay personal expenses. Nordberg concealed the bonus income and nominee entity from his return preparer and filed false tax returns with the Internal Revenue Service (IRS) that underreported his income. Nordberg’s conduct caused a tax loss of approximately $275,000.
In addition to the term of prison imposed, U.S. District Court Judge Dee Benson ordered Nordberg to serve 1 year of supervised release and to pay $354,770 in restitution to the United States Treasury.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Huber thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorney Matthew Hoffman and Assistant U.S. Attorney Ruth Hackford-Peer, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Former Palmyra Man Pleads Guilty and is Sentenced to Time Served and 30 days for Failing to Register as a Sex OffenderRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Bradley Flowers, 40, formerly of Palmyra, Maine, pleaded guilty today in U.S. District Court for failing to register as a sex offender and was sentenced by Judge John A. Woodcock, Jr. to time served (about 28 months) plus 30 days, and 5 years of supervised release, the first six months of which will be in community confinement.
According to court records, the defendant was required to register as a sex offender for life following a 2006 Maine conviction for unlawful sexual contact. Between July 2007 and June 2014, the defendant registered with the Maine Sex Offender Registry, as required. In about September 2014, the defendant moved to Colorado, but did not register in Colorado. Thereafter, he lived in Ohio and Arizona, but did not register there, or in any other state. On October 20, 2015, the defendant was arrested in Arizona and has been in custody since that time.
In imposing sentence, Judge Woodcock noted that some of the defendant’s criminal history was “disturbing” and that, at times in the past, the defendant had been a “violent and dangerous” individual.
The investigation was conducted by the U.S. Marshals Service and the Maine Violent Offender Task Force and brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Child Exploitation and Obscenity Section of the Department of Justice, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Former NYPD Deputy Chief Pleads Guilty to Illegally Diverting Police ResourcesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today the guilty plea of MICHAEL HARRINGTON for misapplying police resources while serving in the New York City Police Department (“NYPD”) as, among other things, a Deputy Chief and former Executive Officer for the Chief of Department’s Office. Specifically, HARRINGTON diverted those resources – including dispatching police officers and diverting land, sea, and air vehicles intended for the NYPD’s public service usage – for the personal benefit of Jeremy Reichberg, a private citizen, his friends, and their associates. HARRINGTON pled guilty before U.S. District Judge Gregory H. Woods to misapplication and conversion of property belonging to a program or organization receiving federal funds.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Michael Harrington, a former high-ranking officer in the NYPD, occupied powerful positions within the department, from which he controlled officers and resources meant to keep New York safe. But as he admitted today, Harrington allowed those resources to be used for the benefit of well-connected private citizens. We will continue to work with our law enforcement partners to fight this type of corruption.”
Reichberg and an additional co-defendant, former NYPD Deputy Inspector James Grant, continue to face honest services fraud, bribery, and conspiracy charges related to an alleged scheme in which Reichberg and another individual provided luxurious benefits to high-ranking members of the NYPD, including Grant, so as to be able to call upon those members for police-related assistance for themselves and their associates as opportunities arose. Reichberg and Grant are scheduled to go to trial before Judge Woods on April 30, 2018.
According to the Superseding Information, Indictment, and Complaint filed in this case, and statements made during the plea proceeding:
HARRINGTON was previously an Inspector in Brooklyn North and, beginning around November 2013, the Executive Officer in the NYPD’s Chief of Department’s Office, which is responsible for overseeing all of the Department’s uniformed operations. After November 2014, HARRINGTON was a Deputy Chief assigned to the NYPD’s Housing Bureau. Between 2011 and June 2016, HARRINGTON diverted police resources for the benefit of Reichberg and his associates, including another individual, Jona Rechnitz, who has pled guilty and is now cooperating with the Government. Among other things, HARRINGTON helped Reichberg and his associates get police escorts for non-police purposes, use a helicopter for a flyover at a private event, sent officers to resolve private, civil disputes, and secured the use of a police boat for private boat rides at another private event.
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HARRINGTON, 52, of Staten Island, New York, pled guilty to one count of misapplication concerning a program receiving federal funds. The charge carries a maximum term of 10 years in prison. HARRINGTON is scheduled to be sentenced by Judge Woods on June 11, 2018. The maximum potential penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation and the New York City Police Department, Internal Affairs Division.
This case is being handled by the Office’s Public Corruption Unit. Assistant United States Attorneys Martin S. Bell, Jessica Lonergan, and Kimberly J. Ravener are in charge of the prosecution.
Former Maryland State Delegate and Deputy Majority Whip of the Maryland House of Delegates Convicted of Bribery and ConspiracyRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – A federal jury has convicted former Maryland State Delegate Michael Lynn Vaughn, age 60, of Bowie, Maryland, of bribery and conspiracy in connection with a scheme in which he accepted bribes in exchange for influencing the performance of his official duties.
The conviction was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Acting Special Agent in Charge Kimberly Lappin of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; and Chief Henry P. Stawinski III of the Prince George’s County Police Department.
Vaughn was a Maryland State Delegate from January 2003 until January 2017, representing District 24, which covered portions of Prince George’s County, Maryland, and was the Deputy Majority Whip and a senior member of the Economic Matters Committee.
According to evidence presented at trial, from January 2015 through April 2016, then-Delegate Vaughn conspired with former Prince George’s County Liquor Board Commissioner and later, Chief Liquor Inspector, David Dae Sok Son, liquor store owners Young Jung Paig, Shin Ja Lee, and others to advance and vote for favorable legislation in exchange for cash payments.
According to evidence presented at trial, Vaughn took over $15,000 in cash bribes from Paig, Lee, and others, in exchange for influencing and voting for the 2015 Sunday Sales Bill and the related 2016 Additional Sunday Permits Bill, both of which became Maryland laws. The 2015 Sunday Sales Bill established up to 100 Sunday liquor sales permits in Prince George’s County for certain license holders. The 2016 Additional Sunday Permits Bill raised the limit of Sunday liquor sales permits in Prince George’s County from 100 to 105. On at least six occasions, then-Delegate Vaughn voted in favor of the bills in the Prince George’s County Delegation meetings, in the Economic Matters Committee, and on the floor of the Maryland House of Delegates.
Vaughn faces a maximum sentence of 10 years in prison for each of four counts of bribery and five years in prison for the conspiracy count. No sentencing date has been scheduled.
Acting United States Attorney Stephen M. Schenning commended the FBI, IRS-CI, and Prince George’s County Police Department for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Thomas P. Windom and Phil Selden, who prosecuted the case, and Menaka S. Kalaskar, who assisted in the prosecution.
Former Hodgdon Man Sentenced to 40 Months for Possessing Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Anthonio Dicentes, 38, formerly of Hodgdon, Maine, and recently of Madison, Florida, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 40 months in prison and five years of supervised release for possession of child pornography. Dicentes pled guilty on September 1, 2017.
According to court records, between about June 2009 and September 2015, Dicentes possessed image files depicting child pornography that he purposefully and repeatedly downloaded from the internet, including at least one of which depicted a child under the age of 12.
The investigation was conducted by the FBI, the Maine State Police Computer Crimes Unit, and the Aroostook County Sheriff’s Office and brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Child Exploitation and Obscenity Section of the Department of Justice, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Former Georgia Medical Examiner and seven others federally indicted for opioid distributionRead the Press Release
ATLANTA – Dr. Joseph L. Burton, a former county medical examiner and forensic pathologist, has been indicted along with seven other individuals by a federal grand jury on charges of illegal distribution of opioid painkillers and other drugs as part of Operation SCOPE (Strategically Combatting Opioids through Prosecution and Enforcement). Multiple individuals have also been arrested on charges related to the unlawful distribution of opioids prescribed by Burton.
“Burton traded away his responsibility as a licensed doctor and respected pathologist by allegedly writing unnecessary prescriptions in exchange for sex and romantic companionship,” said U.S. Attorney Byung J. “BJay” Pak. “His associates sought to profit by having those prescriptions filled, and then selling those drugs which included opioid painkillers like oxycodone. The DEA and local law enforcement have halted this unlawful distribution of opioids into our community, and we are committed to prosecuting those who sought to profit.”
“When powerful and addictive opioids are illegally prescribed or distributed, they can become weapons of mass destruction,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. Many of these dangerous substances are the catalyst behind the current opiate crises that this country is now experiencing. DEA, its many law enforcement partners and the U.S. Attorney’s office are firmly committed to extricating such criminals like Dr. Burton from perpetuating the vicious cycle of opioid addiction.”
According to U.S. Attorney Pak, the indictment, and other information presented in court: Joseph Burton, a licensed physician, operated as a consulting pathologist, meaning that he determined the medical causes of diseases and death. Federal agents began investigating him after the Georgia Drug & Narcotics Agency visited Burton in early 2017 and discovered that he was prescribing painkillers to a large number of patients despite not operating a medical clinic or regularly seeing patients. Over a roughly two-year period beginning in July 2015, Dr. Burton allegedly issued over 1,100 opioid prescriptions, which amounted to over 108,000 individuals doses, including over 66,000 30mg oxycodone pills. The indictment alleges that Burton prescribed opioids such as oxycodone, hydrocodone, and methadone, irrespective of any legitimate medical purpose and outside the normal course of professional practice, in exchange for sexual favors and romantic affection.
For example, Burton prescribed opioids to individuals without thoroughly examining them, and on occasion, without ever meeting them at all. Codefendants Jennifer Hunter, Rhonda Haugland, and Tiffany Willis each engaged in a romantic relationship with Burton in exchange for prescriptions in their names as well as the names of others. As part of the conspiracy, Hunter, Haugland, and Willis would fill their prescriptions and sell the pills, and then obtain more prescriptions from Burton for other people, who paid them for getting the prescriptions.
Burton and the seven other individuals are charged in the federal indictment with conspiring to distribute and dispense controlled substances—outside of the normal course of professional practice and without a legitimate medical purpose—from July 2015 to February 2018. Burton is also charged with ten individual counts of illegal drug distribution for specific prescriptions. Six of Burton’s alleged conspirators were also charged in several of these counts. Burton was previously arrested on October 11, 2017, on a federal criminal complaint and indicted on a narrower set of charges.
The following individuals are charged in this superseding indictment:
- Joseph Lawson Burton, 76, of Milton, Georgia,
- Jennifer Hunter, 29, of Acworth, Georgia,
- Tiffany Willis, 26, of Cartersville, Georgia,
- Rhonda Haugland, 59, of Flowery Branch, Georgia,
- Michelle Danner, 45, of Acworth, Georgia,
- Cheryl Truelove, 50, of Hiram, Georgia,
- Jerry Stephens, Jr., 29, of Cartersville, Georgia, and
Rodney Kennedy, 63, of Cartersville, Georgia.
Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the DEA. The case is part of a coordinated effort with the Acworth Police Department, Barrow County Sheriff’s Office, Bartow County District Attorney’s Office, Bartow County Sheriff’s Office, Cartersville Police Department, Cherokee County Sheriff’s Office, Cherokee County District Attorney’s Office, Clayton County Police Department, Cobb County Sheriff’s Office, Cobb County District Attorney’s Office, Cobb County Police Department, Fayette County Sheriff’s Office, Floyd County District Attorney’s Office, Floyd County Sheriff’s Office, Georgia Department of Community Supervision, Georgia Composite Medical Board, Georgia Drugs and Narcotics Agency, Gwinnett County Sheriff’s Office, Hall County Sheriff’s Office, Jonesboro Police Department, Oakwood Police Department, Paulding County Sheriff’s Office, and the Rome Police Department.
Assistant U.S. Attorneys John T. DeGenova and C. Brock Brockington are prosecuting the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov. Citizens can also contact the Georgia Crisis and Access Line at 1-800-715-4225.For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga
Former Connecticut Resident Who Illegally Transported Protected Wildlife is SentencedRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that WILLIAM CARL BARTLETT, 66, of Eastpoint, Florida, formerly of Cheshire, Connecticut, was sentenced today by U.S. Magistrate Judge William I. Garfinkel in Bridgeport to three years of probation for illegally transporting protected wildlife. Judge Garfinkel also ordered BARTLETT to pay a $5,000 fine and perform 300 hours of community service.
According to court documents and statements made in court, BARTLETT is a snake and reptile collector. In July 2012, BARTLETT shipped via overnight mail courier 10 Outer Banks kingsnakes from Connecticut to an individual in Emporium, Pennsylvania. Prior to that date, BARTLETT collected a male and female kingsnake from the Outer Banks in violation of North Carolina law. In North Carolina, the Outer Banks kingsnake is designated as a species of special concern. BARTLETT then bred the snakes in Connecticut.
Between April 29 and May 13, 2015, BARTLETT transported five Coastal Plain milk snakes from the Chesapeake Forest and the Pocomoke River State Forest in Worcester County, Maryland, to his home in Connecticut. The snakes were collected in violation of Maryland law.
In May 2016, BARTLETT illegally collected four protected snakes and four lizards from the Pocomoke River State Forest, but was stopped by law enforcement before he could transport them to Connecticut.
On December 6, 2017, BARTLETT pleaded guilty to two counts of illegally transporting protected wildlife.
This matter was investigated by the U.S. Fish and Wildlife Service’s Office of Law Enforcement and the Maryland Natural Resources Police.
BARTLETT is the fourth person prosecuted as part of “Operation Kingsnake,” a U.S. Fish and Wildlife investigation into individuals who trafficked hundreds of illegally collected snakes from 12 states, including Connecticut, and Canada.
This case was prosecuted by Assistant U.S. Attorney Hal Chen.
Florida Man Pleads Guilty to Federal Conspiracy and Bank Fraud Charges in New Mexico Arising Out of Mail Theft SchemeRead the Press Release
ALBUQUERQUE – Hector Lau, 21, of Miami, Fla., pled guilty today in federal court in Albuquerque, N.M., to conspiracy and bank fraud charges arising out of a scheme to steal mail from U.S. Postal Service (USPS) mail collection boxes at U.S. Post Offices in the Albuquerque area in July and Aug. 2017.
U.S. Postal Inspectors arrested Lau and co-defendants Jorge R. Cabrera, 20, Yarelys Marquez, 19, and Fernando Cairo-Rosell, 29, all of Albuquerque, on Aug. 30, 2017, based on criminal complaints charging them with theft of mail and bank fraud charges. The criminal complaints alleged that in July and Aug. 2017, mail collection boxes at USPS stations in Albuquerque repeatedly were broken into and mail was stolen. The U.S. Postal Inspection Service initiated an investigation into the scheme after receiving complaints that checks deposited in the mail collection boxes had been stolen, altered and deposited into accounts held by the defendants.
The four defendants subsequently were charged with conspiracy and nine counts of bank fraud in a ten-count indictment, which was filed on Sept. 21, 2017. According to the indictment, the four defendants participated in a conspiracy to commit bank fraud that began in July 2017 and continued until Aug. 2017, and operated in Bernalillo County, N.M. The indictment also charges the four defendants with committing bank fraud against four credit unions that maintain branches in Albuquerque. The indictment charged the defendants with conspiracy to commit bank fraud by stealing checks that had been deposited in U.S. mail depositories, altering the checks, and attempting to pass the checks off as legitimate to banking institutions. It alleged that as part of their bank fraud scheme, the defendants deposited checks, which had been altered to make them payable to members of their conspiracy and in amounts ranging from $500 to $4,754, into bank accounts held by members of the conspiracy.
During today’s proceedings, Lau pled guilty to conspiracy and five counts of bank fraud under a plea agreement with the U.S. Attorney’s Office. In entering the guilty plea, Lau admitted that from July 10, 2017 through Aug. 9, 2017, he conspired with others to deposit altered checks, which he knew had been stolen from mailboxes throughout Albuquerque, into checking accounts held by Lau and a co-defendant. Lau further admitted that on July 14, 2017, July 16, 2017, and July 24, 2017, his co-defendants deposited stolen checks with terms re-written into Lau’s checking account without the owner’s permission. Lau also admitted that on July 28, 2017, he deposed a stolen check into a co-defendant’s checking account without the owner’s permission. According to the plea agreement, the stolen checks deposited into Lau’s account totaled $6,932.04.
Lau’s three co-defendants previously have entered guilty pleas. Cairo-Rosell pled guilty on Dec. 4, 2017, and was sentenced on Feb. 21, 2018. Cabrera pled guilty on Feb. 15, 2018, and Marquez pled guilty on Jan. 10, 2018.
At sentencing, Lau, Cabrera, and Marquez each face a maximum penalty of 30 years in federal prison. Sentencing hearings have yet to be scheduled.
This case was investigated by the Albuquerque office of the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Shaheen P. Torgoley.
Final Defendant in Attempted Robbery of Delivery Van Sentenced to 5+ Years in PrisonRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 68 months imprisonment and five years supervised release on his convictions for attempted robbery and brandishing a firearm during a crime of violence, United States Attorney Scott W. Brady announced today.
United States District Judge Mark R. Hornak imposed the sentence Tuesday on David Lipinski, 37.
According to information presented to the court, on April 27, 2016, Lipinski and his codefendants, Raymond Denson and Anthony Bailey, attempted to rob a van making a delivery of pharmaceutical drugs to the Giant Eagle in Gibsonia. A firearm was brandished by Lipinski while he and Bailey tried unsuccessfully to force the driver back into the van. Lipinski and the others then aborted the robbery attempt.
Assistant United States Attorney Stephen R. Kaufman prosecuted this case on behalf of the government.
United States Attorney Brady commended the Bureau of Alcohol, Firearms, Tobacco and Explosives and the Northern Regional Police Department for the investigation leading to the conviction of Lipinski. The case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. The efforts of PSN led to the successful prosecution of Lipinski.