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2 April 2018
U. S. Steel Corporation Agrees to Improve Environmental Compliance at Indiana Facility, Pay Civil Penalty, and Reimburse U.S. for Response Costs and Damages for Toxic Chromium SpillRead the Press Release
The United States, together with the State of Indiana, announced today that U. S. Steel Corporation (U. S. Steel) has agreed to resolve alleged violations of the Clean Water Act and Indiana law by undertaking substantial measures to improve its wastewater processing monitoring system at its steel manufacturing and finishing facility, known as the Midwest Plant, in Portage, Indiana.
The settlement agreement, which is memorialized in a consent decree lodged today in federal district court in the Northern District of Indiana, requires U. S. Steel to pay more than $600,000 as a civil penalty and to reimburse the U.S. Environmental Protection Agency (EPA) and the National Park Service (NPS) for response costs incurred as a result of an April 2017 spill of wastewater containing hexavalent chromium that entered a waterway that flows into Lake Michigan. U. S. Steel will also pay costs to the National Oceanic and Atmospheric Administration (NOAA) for assessing natural resource damages due to the April 2017 spill. In addition, U. S. Steel will pay damages to NPS resulting from the closure of several beaches along the Indiana Dunes National Lakeshore due to the spill.
U. S. Steel will also resolve allegations under the Emergency Planning and Community Right-to-Know Act (EPCRA) by implementing a detailed protocol to notify relevant state and local authorities about any future spills from its Portage facility to the ground or water.
“Lake Michigan and the surrounding waterways are treasured resources worthy of protection from harmful pollution. Today’s settlement with U. S. Steel appropriately penalizes the company for last year’s wastewater spill, recoups the government’s response costs and other losses, and requires significant actions by the company to prevent toxic spills like this from occurring again,” said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division. This settlement is a prime example of how federal and state counterparts can work hand-in-hand to enforce environmental laws to protect the health of our citizens and the environment.”
“We are pleased that U. S. Steel has agreed to take the appropriate measures to protect and restore the waterways that were harmed by its spill that occurred in April 2017,” said U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana. “This settlement is a win for the people of Indiana, and we are happy to have worked with our state and federal partners to achieve this result.”
“EPA is committed to fostering strong partnerships to achieve water quality goals,” said Assistant Administrator Susan Bodine for EPA’s Office of Enforcement and Compliance Assurance. “I am pleased that through the coordinated effort of federal and state agencies, and with the cooperation of U. S. Steel, this settlement will help protect Lake Michigan and Indiana waterways.”
“One of NOAA’s roles is to assess and restore natural resources after oil spills, ship groundings and releases of hazardous chemicals,” said Assistant NOAA Administrator for the W. Russell Callender National Ocean Service. “This settlement allows NOAA and its federal and state partners to protect natural resources and recreational opportunities important to the people and economy of Indiana and the Great Lakes.”
“The Indiana Dunes National Lakeshore is pleased that all of the parties involved in the matter have come to this agreement,” said Superintendent Paul Labovitz for the NPS. “Several of our beaches were closed for nearly a week during the week of Easter last spring. We are thankful that the spill didn’t occur during our busy summer beach season. It is our hope that our neighbors in industry learned some valuable lessons from the USS chromium spill, and will be more vigilant to prevent such occurrences that negatively impact the quality of life in NW Indiana.”
“This is a major victory for Hoosiers in Northwest Indiana,” said Indiana Attorney General Curtis Hill. “Through our partnership with the U.S. Department of Justice, we were able not only to collect fines, but, perhaps more importantly, to ensure that U. S. Steel will make improvements and changes in order to prevent future incidents that negatively impact the environment.”
“I am pleased to see this situation resolved,” said Commissioner Bruno Pigott of the Indiana Department of Environmental Management. “Hoosiers can know we take seriously our responsibility to protect the waters of the State and Lake Michigan. This consent decree is a notable example of state and federal partners effectively working together to address, with a future goal to deter, noncompliance and its collective consequence on the environment.”
On April 11, 2017, U. S. Steel experienced a rupture in an expansion joint on one of its process wastewater pipes, discharging untreated wastewater containing hexavalent chromium – a toxic chemical produced as part of its manufacturing process – into the Burns Waterway that flows into Lake Michigan. The quantity of hexavalent chromium discharged from the April 2017 spill significantly exceeded the limits of the facility’s National Pollutant Discharge Elimination System (NPDES) permits.
Though U. S. Steel provided immediate, oral notice of the April 2017 spill to appropriate state and local emergency personnel, it failed to follow-up with the required written notification under EPCRA, given the quantity of material released.
EPA and NPS conducted response actions in and around the areas of the spill, and NOAA assessed natural resource damages caused by the spill. The spill closed four local beaches along the Indiana Dunes National Lakeshore managed by NPS, as well as the Indiana American Water public drinking water intake, for about a week. Inspections by EPA and Indiana Department of Environmental Management of the facility later that month revealed additional violations of the facility’s NPDES permits. In October 2017, U. S. Steel experienced another wastewater discharge containing a less toxic form of chromium.
Under the consent decree, U. S. Steel will undertake repairs to its treatment plant pipes and containment trench, whose failures contributed to the April 2017 spill. In a more comprehensive manner, U. S. Steel will develop wastewater operations and maintenance plans and preventive maintenance plans, design and implement new wastewater process monitoring, and sample daily for total and hexavalent chromium. These measures are designed to allow for early detection of conditions that may lead to discharges such as the April 2017 spill and other permit violations, furthering compliance with the Clean Water Act and analogous state laws.
In addition, the facility will follow protocols attached to the decree for notifying appropriate entities, including the nearest downstream Indiana users as well as local governments, including the city of Chicago, whenever there is a spill or release of hazardous substances to the ground or water.
As part of the agreement, U. S. Steel will reimburse EPA’s total response costs of $350,000. U. S. Steel will also reimburse NOAA, which shares trusteeship for natural resources in the Great Lakes ecosystem, for its full costs of $27,500 in assessing natural resource damages. In addition, U. S. Steel will pay NPS’s full response costs of approximately $12,500, and damages incurred by NPS in the amount of $240,500 as a result of the week-long beach closures along the Indiana Dunes National Lakeshore. NPS intends to use those damages, representing lost use/compensatory restoration for the public’s inability to access and enjoy the beaches for the week, to fund future projects at or around the National Lakeshore.
Today’s settlement, lodged with the U.S. District Court for the Northern District of Indiana, is subject to a 30-day public comment period following notification in the Federal Register and final approval by the court. To view the consent decree or to submit a comment, visit the department’s website at: www.justice.gov/enrd/Consent_Decrees.html.
U. S. Steel Corporation Agrees to Improve Environmental Compliance at Indiana Facility, Pay Civil Penalty, and Reimburse U.S. for Response Costs and Damages for Toxic Chromium SpillRead the Press Release
WASHINGTON – The United States, together with the State of Indiana, announced today that U. S. Steel Corporation (U. S. Steel) has agreed to resolve alleged violations of the Clean Water Act and Indiana law by undertaking substantial measures to improve its wastewater processing monitoring system at its steel manufacturing and finishing facility, known as the Midwest Plant, in Portage, Indiana.
The settlement agreement, which is memorialized in a consent decree lodged today in federal district court in the Northern District of Indiana, requires U. S. Steel to pay more than $600,000 as a civil penalty and to reimburse the U.S. Environmental Protection Agency (EPA) and the National Park Service (NPS) for response costs incurred as a result of an April 2017 spill of wastewater containing hexavalent chromium that entered a waterway that flows into Lake Michigan. U. S. Steel will also pay costs to the National Oceanic and Atmospheric Administration (NOAA) for assessing natural resource damages due to the April 2017 spill. In addition, U. S. Steel will pay damages to NPS resulting from the closure of several beaches along the Indiana Dunes National Lakeshore due to the spill.
U. S. Steel will also resolve allegations under the Emergency Planning and Community Right-to-Know Act (EPCRA) by implementing a detailed protocol to notify relevant state and local authorities about any future spills from its Portage facility to the ground or water.
“Lake Michigan and the surrounding waterways are treasured resources worthy of protection from harmful pollution. Today’s settlement with U. S. Steel appropriately penalizes the company for last year’s wastewater spill, recoups the government’s response costs and other losses, and requires significant actions by the company to prevent toxic spills like this from occurring again,” said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division. This settlement is a prime example of how federal and state counterparts can work hand-in-hand to enforce environmental laws to protect the health of our citizens and the environment.”
“We are pleased that U. S. Steel has agreed to take the appropriate measures to protect and restore the waterways that were harmed by its spill that occurred in April 2017,” said U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana. “This settlement is a win for the people of Indiana, and we are happy to have worked with our state and federal partners to achieve this result.”
“EPA is committed to fostering strong partnerships to achieve water quality goals,” said Assistant Administrator Susan Bodine for EPA’s Office of Enforcement and Compliance Assurance. “I am pleased that through the coordinated effort of federal and state agencies, and with the cooperation of U. S. Steel, this settlement will help protect Lake Michigan and Indiana waterways.”
“One of NOAA’s roles is to assess and restore natural resources after oil spills, ship groundings and releases of hazardous chemicals,” said Assistant NOAA Administrator for the W. Russell Callender National Ocean Service. “This settlement allows NOAA and its federal and state partners to protect natural resources and recreational opportunities important to the people and economy of Indiana and the Great Lakes.”
“The Indiana Dunes National Lakeshore is pleased that all of the parties involved in the matter have come to this agreement,” said Superintendent Paul Labovitz for the NPS. “Several of our beaches were closed for nearly a week during the week of Easter last spring. We are thankful that the spill didn’t occur during our busy summer beach season. It is our hope that our neighbors in industry learned some valuable lessons from the USS chromium spill, and will be more vigilant to prevent such occurrences that negatively impact the quality of life in NW Indiana.”
“This is a major victory for Hoosiers in Northwest Indiana,” said Indiana Attorney General Curtis Hill. “Through our partnership with the U.S. Department of Justice, we were able not only to collect fines, but, perhaps more importantly, to ensure that U. S. Steel will make improvements and changes in order to prevent future incidents that negatively impact the environment.”
“I am pleased to see this situation resolved,” said Commissioner Bruno Pigott of the Indiana Department of Environmental Management. “Hoosiers can know we take seriously our responsibility to protect the waters of the State and Lake Michigan. This consent decree is a notable example of state and federal partners effectively working together to address, with a future goal to deter, noncompliance and its collective consequence on the environment.”
On April 11, 2017, U. S. Steel experienced a rupture in an expansion joint on one of its process wastewater pipes, discharging untreated wastewater containing hexavalent chromium – a toxic chemical produced as part of its manufacturing process – into the Burns Waterway that flows into Lake Michigan. The quantity of hexavalent chromium discharged from the April 2017 spill significantly exceeded the limits of the facility’s National Pollutant Discharge Elimination System (NPDES) permits.
Though U. S. Steel provided immediate, oral notice of the April 2017 spill to appropriate state and local emergency personnel, it failed to follow-up with the required written notification under EPCRA, given the quantity of material released.
EPA and NPS conducted response actions in and around the areas of the spill, and NOAA assessed natural resource damages caused by the spill. The spill closed four local beaches along the Indiana Dunes National Lakeshore managed by NPS, as well as the Indiana American Water public drinking water intake, for about a week. Inspections by EPA and Indiana Department of Environmental Management of the facility later that month revealed additional violations of the facility’s NPDES permits. In October 2017, U. S. Steel experienced another wastewater discharge containing a less toxic form of chromium.
Under the consent decree, U. S. Steel will undertake repairs to its treatment plant pipes and containment trench, whose failures contributed to the April 2017 spill. In a more comprehensive manner, U. S. Steel will develop wastewater operations and maintenance plans and preventive maintenance plans, design and implement new wastewater process monitoring, and sample daily for total and hexavalent chromium. These measures are designed to allow for early detection of conditions that may lead to discharges such as the April 2017 spill and other permit violations, furthering compliance with the Clean Water Act and analogous state laws.
In addition, the facility will follow protocols attached to the decree for notifying appropriate entities, including the nearest downstream Indiana users as well as local governments, including the city of Chicago, whenever there is a spill or release of hazardous substances to the ground or water.
As part of the agreement, U. S. Steel will reimburse EPA’s total response costs of $350,000. U. S. Steel will also reimburse NOAA, which shares trusteeship for natural resources in the Great Lakes ecosystem, for its full costs of $27,500 in assessing natural resource damages. In addition, U. S. Steel will pay NPS’s full response costs of approximately $12,500, and damages incurred by NPS in the amount of $240,500 as a result of the week-long beach closures along the Indiana Dunes National Lakeshore. NPS intends to use those damages, representing lost use/compensatory restoration for the public’s inability to access and enjoy the beaches for the week, to fund future projects at or around the National Lakeshore.
Today’s settlement, lodged with the U.S. District Court for the Northern District of Indiana, is subject to a 30-day public comment period following notification in the Federal Register and final approval by the court. To view the consent decree or to submit a comment, visit the department’s website at: www.justice.gov/enrd/Consent_Decrees.html.
Two Methamphetamine Traffickers Handed Down Lengthy Prison TermsRead the Press Release
STATESVILLE, N.C. – U.S. District Judge Richard L. Voorhees handed down lengthy prison terms to two drug traffickers today involved in separate methamphetamine trafficking conspiracies, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina.
Chuck Allen Church, Jr., 41, of Morganton, was sentenced to 240 months, followed by five years of supervised release. In September 2017, Church pleaded guilty to methamphetamine trafficking conspiracy, possession with intent to distribute methamphetamine, and possession of a firearm by a felon. According to court records, from 2016 to 2017, Church was part a methamphetamine trafficking ring operating in and around Caldwell County. Over the course of the investigation into Church, law enforcement seized methamphetamine, digital scales, drug paraphernalia, a sawed-off shotgun, and $15,158 in U.S. currency. Church has prior felony convictions, including Abduction of Child (2010) and Possession of Firearm by Felon (2012 and 2014), and he is prohibited from carrying a firearm.
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In a separate case, Jeffrey Brent Church, 54, of Connelly Springs, N.C., was sentenced to 169 months in prison. According to court records, from 2014 to 2017, Church was responsible for trafficking methamphetamine in Caldwell and Catawba Counties and elsewhere. Over the course of the investigation, law enforcement recovered narcotics, $9,569 in U.S. currency, stolen handguns and other firearms, including two AR-15 rifles. In December 2017, Church pleaded guilty to a methamphetamine trafficking conspiracy. In addition to the prison term imposed, Judge Voorhees also ordered Church to serve five years under court supervision upon completion of his prison terms.
The two defendants were charged as part of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) investigation. According to court documents, since 2015, more than 200 individuals have been prosecuted as a result of this OCDETF investigation. Over the course of the investigation, law enforcement have seized more than 20 kilograms of crystal methamphetamine, $500,000 in U.S. currency and other assets, and dozens of firearms.
OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
In making today’s announcement, U.S. Attorney Murray thanked Nick Annan, Special Agent in Charge of ICE’s Homeland Security Investigations (HSI) in Atlanta and the Carolinas; Director Robert Schurmeier of the North Carolina State Bureau of Investigation (SBI); Colonel Glenn McNeill, Commander of the North Carolina State Highway Patrol; Sheriff Chris Bowman of the Alexander County Sheriff’s Office; Sheriff Jim Hartley of the Ashe County Sheriff’s Office; Sheriff Alan C. Jones of the Caldwell County Sheriff’s Office; Chief Thurman Whisnant of the Hickory Police Department; Chief Scott Brown of the Lenoir Police Department; and Chief Damon D. Williams of the Mooresville Police Department.
Assistant U.S. Attorney Steven R. Kaufman of the U.S. Attorney’s Office in Charlotte is in charge of the prosecution.
Tulsa Man Sentenced to More Than 5 Years Imprisonment for Bank RobberyRead the Press Release
District Judge Claire V. Eagan sentenced Emmanuel Peter Britto, 44, of Tulsa, Oklahoma to 63 months in prison for the crimes of Bank Robbery and Conspiracy to Commit Bank Robbery. Britto must also pay a special monetary assessment totaling $200. After release from prison, Britto must serve five years on supervised release.
On August 16, 2017, Britto, a co-defendant, and a juvenile conspired to rob the Bank of America located at 205 East Pine Street in Tulsa. On August 17, 2017, Britto drove his co-conspirators to the bank and drove them back to their apartment after the robbery. The bank robbers took approximately $11,012 in cash from the Bank of America. Britto received approximately $2,500.00 for his role in the bank robbery. Britto’s co-defendant, Edd Tawon Payne, previously pleaded guilty on February 8, 2018, and is awaiting sentencing.
United States Attorney Shores stated, “Bank robberies are inherently violent offenses that can jeopardize the lives of bank employees and customers. My office has focused our attention on reducing violent crime and gun crime. We will continue to work with all of our law enforcement partners to improve the safety of our community.”
The Federal Bureau of Investigation and the Tulsa Police Department investigated the matter. Assistant United States Attorney Dennis A. Fries prosecuted the case.
Three Mission Men Sentenced for Various ChargesRead the Press Release
United States Attorney Ron Parsons announced that three Mission, South Dakota, men were sentenced on March 19th, and March 21, 2018, by U.S. District Judge Roberto A. Lange.
Jeremiah R. Waln, age 36, pled guilty on December 28, 2017, to Larceny, First Degree Burglary, and Possession of a Stolen Firearm. Jeremiah Waln was sentenced to 84 months of custody, followed by 4 years supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $400, and $36,645.83 in restitution.
Jesse J. Waln, age 32, pled guilty to First Degree Burglary and Larceny. He was also found guilty of two counts of Possession of Stolen Firearms as a result of a federal jury trial in Pierre, South Dakota in January 2018. Jesse Waln was sentenced to 70 months of custody, followed by 4 years supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $400, and $14,254.32 in restitution.
Dominic Joseph Stoneman, age 39, pled guilty on December 29, 2017, to Misprision of a Felony. Stoneman was sentenced to 4 months of custody, followed by 1 year supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and $19,771.01 in restitution.
All defendants were indicted by a federal grand jury on January 19, 2017.
The convictions stem from incidents during the weekend of May 22, 2016, and November 11-13, 2016, when the defendants broke into two separate residences located in Mission, ransacked the homes and took many household items, clothes, tools, power tools, an ATV, ammunition, golf clubs, a Michael Jordan poster and 14 firearms. Also during the November 2016 weekend, the defendants cut a fence surrounding Cherry Todd Electric in two areas and took approximately $135 worth of copper wire from the Cherry Todd Electric yard.
The defendants then sold most of the stolen goods and disposed of some of the firearms by trafficking several of the firearms to other individuals. One of the stolen firearms was traded for methamphetamine on the Rosebud Indian Reservation and another was traded for methamphetamine in Rapid City.
Co-defendant Ronald Moran was sentenced to 2 years of probation, with 2 months of home confinement, a special assessment to the Federal Crime Victims Fund in the amount of $100, and $934.41 in restitution.
Co-defendant Danielle White Eyes was sentenced to 13 months of custody, followed by 3 years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $200, and $21,690.76 in restitution.
Co-defendant Dakota Marshall was sentenced to 70 months of custody, followed by 3 years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $200, and $21,855.46 in restitution.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
All defendants, except for Ronald Moran, were turned over to the custody of the U.S. Marshals Service.
Three Individuals Charged with Federal Drug Offenses for Allegedly Conspiring to Sell Synthetic Cannabinoids at Chicago Convenience StoreRead the Press Release
CHICAGO — The U.S. Attorney’s Office today charged three individuals with federal drug offenses for allegedly conspiring to sell synthetic cannabinoids at a Chicago convenience store.
FOUAD MASOUD, JAMIL ABDELRAHMAN JAD ALLAH, and ADIL KHAN MOHAMMED conspired to sell the synthetic cannabinoids, known as “K2,” at King Mini Mart in the North Lawndale neighborhood of Chicago, according to a criminal complaint and affidavit filed in federal court in Chicago. Multiple people recently experienced adverse symptoms, including unusual bleeding, after using synthetic cannabinoids obtained from the store, the complaint states. Some of these individuals recently sought treatment in Chicago-area emergency rooms, the complaint states.
The three defendants were arrested Sunday. The complaint charges Masoud, 48, of Justice, Jad Allah, 44, of Justice, and Mohammed, 44, of Chicago, with conspiracy to knowingly and intentionally possess with intent to distribute, and to distribute, a controlled substance. Masoud made an initial court appearance today before U.S. Magistrate Judge Daniel G. Martin. Judge Martin ordered him to remain in federal custody until a detention hearing on Thursday at 1:00 p.m. Initial court appearances for Jad Allah and Mohammed are set for Tuesday at 11:00 a.m. before Judge Martin.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Brian McKnight, Special Agent-in-Charge of the Chicago Field Division of the Drug Enforcement Administration; and Eddie Johnson, Superintendent of the Chicago Police Department. The Illinois State Police and the Illinois Department of Public Health provided assistance.
According to the charges, the three defendants worked at King Mini Mart, located in the 1300 block of South Kedzie Avenue in Chicago. Last week, undercover law enforcement officers purchased K2 from Jad Allah and Mohammed inside the store, the complaint states. The synthetic cannabinoids were packaged in sealed containers and labeled with such names as “Matrix,” “Blue Giant,” and “Crazy Monkey,” according to the charges. Preliminary testing of some of the cannabinoids purchased by the undercover officer revealed a detectable amount of brodifacoum, a toxic substance frequently used in rat poison, the complaint states.
The public is reminded that a complaint contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The drug conspiracy charge carries a maximum sentence of 20 years. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory United States Sentencing Guidelines.
Assistant U.S. Attorney Matthew Hernandez is representing the government.
Tennessee State Inmate Sentenced to Serve 46 Months in Federal Prison for Conspiracy to Defraud the Internal Revenue ServiceRead the Press Release
KNOXVILLE, Tenn. – On April 2, 2018, Larry Steven Covington, Jr., 39, of Knoxville, Tennessee, was sentenced by the Honorable Thomas A. Varlan, Chief U.S. District Judge, to serve 46 months in federal prison for his role in a conspiracy to defraud the U.S. Government.
Covington pleaded guilty to a one-count information in May 2017. According to the plea agreement on file with U.S. District Court, Covington learned how to prepare and file fraudulent income tax returns from another inmate while he was serving time in a Tennessee state correctional facility in 2008. Covington illegally obtained Personal Identification Information (PII), including social security numbers, from mostly other inmates, and used this information to either create false tax returns, which he mailed to his mother, or provided the information to his mother over the phone so she could prepare the forms and mail them to the IRS from her Knoxville residence.
Some of the refunds were deposited directly by the IRS into two bank accounts created by Covington for which he provided routing information along with the fraudulent tax forms. He instructed his mother to withdraw the money from these accounts, retain some for herself and purchase Green Dot cards for Covington with the remainder. In some cases, treasury checks were mailed directly to Covington’s mother, which she cashed and put the funds on a Green Dot Card for Covington.
Between the tax processing years of 2009 and 2015, over 550 fraudulent returns were filed using multiple addresses in the Eastern District of Tennessee. The attempted refunds totaled $905,213.74. The actual amount of loss was roughly $163,777.89. In addition to his federal prison sentenced, Covington was ordered to pay $163,777.89 in restitution to the Internal Revenue Service (IRS).
“The U.S. Attorney’s Office will prosecute all individuals who illegally obtain information and use it to commit fraud against the United States and unsuspecting victims by filing fraudulent federal income tax returns,” said U.S. Attorney J. Douglas Overbey. “Additionally, our prosecutors will continue to work with our federal and state law enforcement partners to investigate and stop federal crimes being committed by inmates while they are serving time in our state prison system,” added U.S. Attorney Overbey.
“Today’s sentence serves as a well-timed reminder this tax season; theft from American taxpayers by way of fraudulent tax returns will not be tolerated,” said Christopher Altemus, IRS Criminal Investigation Acting Special Agent in Charge of the Nashville Field Office.
Agencies involved in the investigation of this case included IRS Criminal Investigation and the U.S Postal Inspection Service. Assistant U.S. Attorney Jennifer Kolman represented the United States in court proceedings.
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Statement by Attorney General Sessions on Today’s New Lawsuit Against the State of CaliforniaRead the Press Release
Attorney General Jeff Sessions issued the following statement on the Department of Justice’s new lawsuit against the State of California: “I regret the need to file yet another lawsuit against the state of California today. The Department of Justice is fighting every day to take illegal guns and drugs off our streets, combat the opioid epidemic and secure our borders from drug traffickers and criminal aliens, and protect our national security from radical Islamic extremists and foreign threats to our cyber security. But once again, we see that too many of our resources are being diverted to deal with meritless and unnecessary lawsuits.
“We are forced to spend our resources to bring these lawsuits against states like California that believe they are above the law and are passing facially unconstitutional laws specifically intended to interfere with the federal government’s ability to carry out its legitimate law enforcement duties. And we are forced spend our resources to defend against lawsuits that are patently meritless like one now filed by California claiming that adding back a question on citizenship to the census is unconstitutional after decades of its inclusion. Both of these lawsuits are forcing us to spend precious tax payer dollars and Department resources to litigate issues that most Americans believe are common sense—the executive branch should be able to remove criminal aliens from a jail instead of your neighborhood, the federal government should have an accurate count of who can legally vote in our federal elections, a Department should be able to rescind an unlawful policy intended to usurp Congress’ role in passing immigration laws, or that the President should be able to know who is coming into our country from countries that are terrorist havens.
“The waste is compounded by ideological judging and forum shopping that drags these cases out for months and years. In the meantime, the federal government can be prevented from carrying out its lawful duties by a single district court judge regardless of how many of the other 600 plus district court judges may disagree. The increasing frequency of limitless injunctions is simply unsustainable, and the ever-more extreme nature of these injunctions is only making it more obvious just how unlawful they are. This is not a political or a partisan issue. It is a constitutional issue and a rule of law issue and, more frequently now, a question of how we are allocating our tax payer dollars—to protecting Americans from violent crime and a raging drug epidemic or defending frivolous lawsuits from partisan actors.
“Government-by-litigation isn’t what the American people voted for and attempting to thwart an administration’s elected agenda through endless, meritless lawsuits is a dangerous precedent.”St. Francis Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on April 2, 2018, by U.S. District Judge Roberto A. Lange.
Anthony Zotti, age 21, was sentenced to 13 months in prison, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Zotti was indicted by a federal grand jury on June 14, 2017. He pled guilty on October 17, 2017.
The conviction stemmed from an incident that occurred on May 24, 2017. On that date a Rosebud Sioux Tribe Law Enforcement Services officer responded to a request for assistance, in St. Francis, where Zotti was engaged in a fight with another man. The officer separated the men and placed Zotti in his patrol vehicle. Zotti began banging his head against the window while sitting in the patrol vehicle. The officer then transported Zotti to the Rosebud Indian Health Services Hospital for treatment for a wound on his head. While he was being treated, Zotti became combative and attempted to kick the officer. Zotti then grabbed the officer’s hand and bit him. Zotti furthermore verbally threatened the officer and his family.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Zotti was immediately turned over to the custody of the U.S. Marshals Service.
South Kingstown Man Admits to Robbing Narragansett BankRead the Press Release
PROVIDENCE, RI – William H. Dority, 56, of South Kingstown, pleaded guilty in federal court in Providence today to robbing a Narragansett bank of more than $4,000 in November 2017.
Appearing before U.S. District Court Judge John J. McConnell, Jr., Dority pleaded guilty to one count of bank robbery, announced United States Attorney Stephen G. Dambruch, Narragansett Police Chief Sean Corrigan, and Special Agent in Charge of the FBI Boston Division Harold H. Shaw.
According to information presented to the court, on November 28, 2017, Dority entered a Centerville Bank branch office in Narragansett, handing the teller a note demanding cash. As Dority fled, a panic alarm was sounded and a 911 call from another employee resulted in a rapid response by members of the Narragansett Police Department. An alert Department of Environmental Management K-9 (“Bear”), brought in to assist Narraganset Police in the search for the robber, located Dority hiding in a shed not far from the bank about 30 minutes later.
At the time of Dority’s arrest, police recovered $4,615 from the shed. He has been detained since his arrest.
Dority is scheduled to be sentenced on June 19, 2018. Bank robbery is punishable by statutory penalties of up to 20 years in federal prison followed by up to 3 years supervised release, and a fine of up to $250,000.
The case is being prosecuted by Assistant U.S. Attorney Richard W. Rose.
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South Bend Man SentencedRead the Press Release
SOUTH BEND – Danny Weaver, 51, of South Bend, Indiana, was sentenced before South Bend District Court Judge Robert Miller, Jr for being a felon in possession of a firearm, announced U.S. Attorney Kirsch.
Weaver was sentenced to 100 months imprisonment followed by 1 year of supervised release.
According to documents in this case, on June 16, 2017, Weaver possessed a Sturm-Ruger firearm at his residence in Osceola, Indiana after being convicted of a prior felony offense.
This case was investigated by the Drug Enforcement Administration and was handled by Assistant U.S. Attorney Frank Schaffer.
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Rochester Man Found Guilty of Bank RobberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Joseph W. Peeples, III was found guilty after a jury trial of robbing the Chase Bank located at 1 South Clinton Avenue, Rochester, NY of $109,000. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Melissa M. Marangola and Katelyn Hartford, who handled the case, stated that on January 5, 2017, the defendant robbed the Chase Bank. Peeples was tracked by law enforcement to Binghamton, New York where he was arrested approximately 13 hours later. He left approximately $43,000 in a bathroom at the Trailways Bus Station and $10,000 in a taxi cab. Upon his arrest, law enforcement officers searched his hotel room and found $52,000. Peeples had just been released from federal prison for an unrelated bank robbery 6 days earlier. During the trial, Peeples acted as his own attorney. A jury deliberated for under one hour and returned a verdict on Friday, March 30, 2018.
The conviction is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons, and the Rochester Police Department, under the direction of Police Chief Michael Ciminelli.
Sentencing is scheduled for July 27, 2018 at 10:00 am before Chief Judge Frank P. Geraci, Jr.Rigby Couple Indicted for Sexual Exploitation of a Minor ChildRead the Press Release
POCATELLO – Joseph Lavern Harris, 30, and Elizabeth Dawn Evans, 27, of Rigby, Idaho, were indicted on March 27, 2018, by a federal grand jury for one count of sexual exploitation of a minor child, U.S. Attorney Bart M. Davis announced. Harris and Evans made their initial appearance on the charge on March 30, 2018, where they entered not guilty pleas. Trial is set for June 4, 2018, before Chief U.S. District Judge B. Lynn Winmill, at the federal courthouse in Pocatello.
The indictment alleges that on or between December 2017, and February 25, 2018, Harris and Evans knowingly employed, used, persuaded, induced, enticed or coerced a minor child to take part in sexually explicit conduct for the purpose of producing a visual depiction of that conduct. The two are charged in the alternative with aiding and abetting the crime. The indictment also calls for the forfeiture of real and personal property associated with the offense.
The charge of sexual exploitation of a minor child is punishable by a minimum 15 years in prison, up to 30 years in prison, a maximum fine of $250,000, and up to a lifetime of supervised release. The case is being investigated by Homeland Security Investigations and the Jefferson County Sheriff’s Office.
An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Reno Man Pleads Guilty to Sexual Exploitation of Infant DaughterRead the Press Release
RENO, Nev. – A Reno man pleaded guilty in federal court today to sexually exploiting his infant daughter and to distributing images of her engaged in sexually explicit conduct, announced U.S. Attorney Dayle Elieson for the District of Nevada.
Derrick Joseph Rady, 36, of Reno, pleaded guilty to sexual exploitation of a minor and distribution of child pornography. United States District Judge Howard D. McKibben accepted the guilty pleas and scheduled a sentencing hearing for June 27, 2018.
According to court documents, Facebook and Google both reported possible child pornography on their sites to the National Center for Missing and Exploited Children (NCMEC). Members of the Northern Nevada Child Exploitation Task Force executed search warrants and seized multiple electronic devices containing child pornography from Rady’s residence. He admitted to using his cell phone to take photos of his infant daughter’s genitals and of her touching his penis. These photos were uploaded automatically from the cell phone to a Google Drive cloud account. He further admitted to using his computer to distribute images of a minor engaging in sexually explicit conduct.
Sexual exploitation carries a mandatory minimum sentence of 15 years in prison and a maximum of 30 years in prison. Distribution of child pornography carries a mandatory minimum sentence of five years in prison and a maximum of 20 years in prison. In addition, he will be required to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA).
The case was investigated by the Northern Nevada Child Exploitation Task Force, which is comprised of members of the FBI, the Reno Police Department, the Washoe County Sheriff’s Office, and the Nevada Attorney General’s Office. The case is being prosecuted by Assistant U.S. Attorney Shannon M. Bryant.
If you have information regarding possible child sexual exploitation, make a report to NCMEC’s CyberTipline at www.cybertipline.org.
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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Raleigh Man Pleads Guilty to Manufacturing Child PornographyRead the Press Release
RALEIGH - United States Attorney Robert J. Higdon, Jr. announced that in federal court today, PEDRO JAIME ENSENAT 43, of Raleigh pled guilty before United States Magistrate Judge James E. Gates to one count of Manufacture of Child Pornography and one count of Possession of Child Pornography.
Agents received tips from the National Center for Missing and Exploited Children (NCMEC) about suspected child pornography being uploaded to a website and tied those uploads to ENSENAT’s residence. While executing a search warrant, officers discovered that ENSENAT had made two films and taken two pictures of himself molesting a 10-year-old child.
Police arrested ENSENAT and obtained a confession at that time. Officers performed a forensic analysis of the digital devices found in ENSENAT’s residence during the search and found more than 700 images and 32 videos of child pornography, including images and videos depicting infant or toddlers and prepubescent children.
ENSENAT faces a sentence of not less than 15 years imprisonment up to 50 years’ imprisonment along with a fine up to $500,000 and up to a lifetime of supervised release at sentencing.
This case is part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national initiative, go to www.projectsafechildhood.gov.
Investigation of this case was conducted by the North Carolina State Bureau of Investigation, the Federal Bureau of Investigation and the Raleigh Police Department.
Picayune Man Sentenced to over 10 Years in Federal Prison for Methamphetamine TraffickingRead the Press Release
Gulfport, Miss. – Antonio Marquez Irwin, 28, of Picayune, was sentenced on Friday, March 30, 2018, by U.S. District Judge Sul Ozerden, to 128 months in federal prison followed by three years of supervised release, for distributing methamphetamine in Picayune, announced U.S. Attorney Mike Hurst and Thomas M. Annello, Acting Special Agent in Charge of U.S. Immigration and Customs Enforcement's Homeland Security Investigations in New Orleans.
Irwin pled guilty on December 21, 2017, to one count of possession with intent to distribute methamphetamine. He was charged in a five-person indictment against a group of individuals who were distributing methamphetamine in the Picayune area. During the course of the investigation, law enforcement purchased methamphetamine from Irwin on four separate occasions. On a fifth occasion, Irwin arrived to sell methamphetamine and when law enforcement attempted to arrest him, he struck two separate police vehicles in an attempt to flee before finally being apprehended.
The case was investigated by Homeland Security Investigations and prosecuted by Assistant U.S. Attorney John Meynardie.
New York Woman Admits Role in Dominican Heroin Trafficking RingRead the Press Release
NEWARK, N.J. – A New York woman today pleaded guilty to her role in a Dominican drug trafficking ring responsible for distributing multi-kilogram quantities of heroin in New Jersey, U.S. Attorney Craig Carpenito announced.
Maria Peterson, a/k/a “Chabela” 47, pleaded guilty before U.S. District Judge Kevin McNulty to an information charging her with one count of conspiracy to distribute more than a kilogram of heroin and one substantive count of distributing more than a kilogram of heroin.
According to the documents filed in this case and statements made in court:
During the course of an investigation into a drug trafficking organization operating in New Jersey, the Dominican Republic, Mexico, and elsewhere, law enforcement learned that Yasmil Minaya, Martin Baez Garcia, Amauri Pimental Hogando, Peterson and others served as local distributors for the organization in New Jersey and New York.
The narcotics, which were usually transported to New Jersey and New York via truck, were received and paid for by the defendants before they were distributed on the street. This drug trafficking organization has been linked to several multiple-kilogram seizures of heroin, including a seizure of approximately two kilograms of heroin in March 2015 in New York, a seizure of approximately four kilograms of heroin in November 2015 in New Jersey, and a seizure of approximately 10 kilograms of heroin in New Jersey in January 2017.
Peterson admitted that on March 25, 2015, she receiving a package of nearly two kilograms of heroin at her New York address, which she gave to Hogando. She also admitted providing money to a conspirator in order to pay for some or all of the four-kilogram heroin shipment that was sent to New Jersey on Nov. 28, 2015.
Both charges in the information are punishable by a mandatory minimum sentence of 10 years in prison, a maximum sentence of life imprisonment, and a $10 million fine. Sentencing is scheduled for July 11, 2018.
Garcia pleaded guilty in February 2018 and awaits sentencing. The charges against Minaya and Hogando are still pending, and they are considered innocent unless and until proven guilty.
This case was conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies dedicated to identifying and dismantling the most serious drug trafficking, weapons trafficking and money laundering organizations.
U.S. Attorney Carpenito credited special agents and task force officers with the Drug enforcement Administration, under the direction of Special Agent in Charge Valerie A. Nickerson, and officers of the N.J. State Police, Trafficking North Unit, under the direction of Superintendent Col. Patrick Callahan, with the investigation.
The government is represented by Assistant U.S. Attorney Melissa Wangenheim of the U.S. Attorney’s Office Criminal Division in Newark.
Defense Counsel: Scott D. Finckenauer Esq., Fairview, New Jersey
New Haven Man Sentenced to Prison for Trafficking CocaineRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ROBERTO GONZALEZ, 39, of New Haven, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 12 months and one day of imprisonment, followed by three years of supervised release, for his role in a New Haven narcotics trafficking ring.
According to court documents and statements made in court, the DEA’s New Haven Tactical Diversion Squad targeted a New Haven-based heroin trafficking organization led by ROBERTO GONZALEZ’s brothers, Bienvenido and Antonio Gonzalez. The investigation, which included court-authorized wiretaps, controlled purchases of narcotics and physical and video surveillance, revealed that Bienvenido and Antonio Gonzalez regularly purchased bulk quantities of heroin from suppliers located in the Bronx, New York, and sold the heroin through a network of redistributors in New Haven and elsewhere. The investigation also revealed that Bienvenido Gonzalez acquired and distributed bulk quantities of cocaine.
On March 10, 2017, ROBERTO GONZALEZ was intercepted on a wiretap ordering 250 grams of cocaine from Bienvenido Gonzalez.
ROBERTO GONZALEZ was arrested on March 16, 2017. On January 18, 2018, he pleaded guilty to one count of conspiracy to distribute, and to possess with intent to distribute, cocaine.
Bienvenido Gonzalez and Antonio Gonzalez pleaded guilty to related charges. On March 28, Bienvenido Gonzalez was sentenced to 144 months of imprisonment. Antonio Gonzalez awaits sentencing.
The DEA’s New Haven Tactical Diversion Squad includes officers from the Bristol, Hamden, Milford, Monroe, New Haven, Shelton, Wallingford and Wilton Police Departments. The New Haven, East Haven and West Haven Police Departments, together with the U.S. Coast Guard, provided valuable assistance to the investigation.
This case is being prosecuted by Assistant U.S. Attorneys Natasha M. Freismuth and Patrick F. Caruso.
Military Employee Charged with Child Pornography OffensesRead the Press Release
A military employee who resided in Maryland before moving to Japan in November 2017 has been arrested and indicted for the production, transportation, and possession of child pornography.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting U.S. Attorney Stephen M. Schenning of the District of Maryland and Special Agent in Charge Gordon B. Johnson of the FBI’s Baltimore Field Office made the announcement.
Spencer E. Steckman, 34, who lived in Silver Spring, Maryland at the time the alleged conduct began, was charged in an indictment on March 26, with one count of production of child pornography, one count of transportation of child pornography, and one count of possession of child pornography. Steckman had his initial court appearance earlier today and was remanded into the custody of the U.S. Marshals Service.
According to the indictment, between Aug. 17, 2017, and Sept. 22, 2017, while in Maryland, Steckman enticed a minor to engage in sexually explicit conduct for the purpose of producing child pornography. In mid-November 2017, Steckman moved to Japan to work with Commander Navy Region Japan. In Japan, Steckman transported and possessed child pornography.
Steckman was detained by the Naval Criminal Investigative Service (NCIS) in Japan on March 27, and transported back to Maryland by the U.S. Marshals Service on April 1, to appear before the U.S. District Court for the District of Maryland.
The charges and allegations contained in an indictment are merely accusations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI’s Baltimore Field Division and the Maricopa County, Arizona, Sheriff’s Office are investigating the case, with substantial assistance from NCIS. Trial Attorney Jessica Urban of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Joseph Baldwin of the District of Maryland are prosecuting the case.
This investigation was a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Military Employee Charged with Child Pornography OffensesRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – A federal grand jury has indicted Spencer E. Steckman, 34, of Silver Spring, Maryland for the production, transportation, and possession of child pornography. The indictment was returned on March 26, 2018, and unsealed upon the arrest of the Steckman.
The indictment was announced by Acting United States Attorney Stephen M. Schenning of the District of Maryland; Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, and Special Agent in Charge Gordon B. Johnson of the FBI - Baltimore Field Office.
Steckman was charged with one count of production of child pornography, one count of transportation of child pornography, and one count of possession of child pornography. Steckman had his initial court appearance earlier today and was remanded into the custody of the U.S. Marshals Service.
According to the indictment, between August 17, 2017, and September 22, 2017, Steckman, while in Maryland, enticed a minor to engage in sexually explicit conduct for the purpose of producing child pornography. In mid-November 2017, Steckman moved to Japan to work with Commander Navy Region Japan. In Japan, Steckman transported and possessed child pornography.
Steckman was detained by the Naval Criminal Investigative Service (NCIS) in Japan on March 27, 2018, and transported back to Maryland by the United States Marshals Service on April 1, 2018, to appear before the U.S. District Court for the District of Maryland.
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, NCIS and the Maricopa County, Arizona, Sheriff’s Office for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Joseph Baldwin and Trial Attorney Jessica Urban of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), who are prosecuting the case.
This investigation was a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Maryland man admits to drug distribution chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Xavier Clyde Mann, of Finksburg, Maryland, has admitted to selling cocaine, United States Attorney Bill Powell announced.
Mann, age 30, pled guilty to one count of “Distribution of Cocaine Base.” Mann admitted to selling cocaine base in Mineral County in June 2017.
Mann faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara K. Omps-Botteicher is prosecuting the case on behalf of the government. The case was investigated by the Potomac Highlands Drug and Violent Crimes Task Force.
U.S. Magistrate Judge Robert W. Trumble presided.
Marshall County man admits to drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – Carl N. Hooker, of Moundsville, West Virginia, has admitted to a drug charge, United States Attorney Bill Powell announced.
Hooker, age 56, pled guilty to one count of “Conspiracy to Distribute and to Possess with the Intent to Distribute Oxycodone.” Hooker admitted to conspiring with others to distribute oxycodone, from 2009 to November 2017 in Marshall County.
Hooker faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Robert H. McWilliams, Jr. is prosecuting the case on behalf of the government. The Marshall County Drug and Violent Crime Task Force, a HIDTA-funded initiative, is investigating.
U.S. Magistrate Judge James E. Seibert presided.Man Charged with Failing to Report to PrisonRead the Press Release
HOUSTON – A convicted tax offender has been charged again, this time for failing to serve his prison sentence, announced U.S. Attorney Ryan K. Patrick.
Kermit Woods is set to appear before U.S. Magistrate Judge Frances Stacy at 10:00 a.m. today.
Woods had owned and operated an income tax preparation business in Houston known as L&L Finance. He pleaded guilty in March 2012 to willfully preparing a false U.S. Individual Income Tax Return. He was sentenced in January 2013 to 24 months in prison and ordered to pay the IRS restitution of $362,340.
At the time of his sentence, the court had permitted him to remain on bond and voluntarily surrender to the U.S. Bureau of Prisons on Feb. 26, 2013. He never reported as ordered, according to the charges. He remained a fugitive until his recent arrest in Arizona.
If convicted of failing to appear, Woods faces another maximum of 24 months in prison in addition to the already-imposed 24 months for the tax offense.
IRS-Criminal Investigation conducted the investigation. Assistant U.S. Attorney Charles J. Escher 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.Man Admits to Distributing Child PornographyRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Marlin Russell Derk, age 46, of Sumter, South Carolina, has entered a guilty plea in federal court in Columbia, to distributing child pornography images that had traveled in interstate/foreign commerce by computer, a violation of 18 U.S.C. § 2252A. United States District Judge Mary Geiger Lewis, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that ICE - Homeland Security Investigations agents in Washington D.C. and Tampa were monitoring a chatroom hosting website for individuals posting child pornography when, on June 11, 2015, Derk posted child pornography. Derk’s cell phone and computers were subsequently seized and it was determined that he had been uploading and downloading child pornography. Ms. Drake stated the maximum penalty for distributing child pornography is imprisonment for not less than 5 nor more than 20 years plus Supervised Release for from 5 years to life and/or a fine of $250,000.
The case was investigated by agents of the Federal Bureau of Investigation and ICE - Homeland Security Investigations. Assistant United States Attorney William E Day, II, of the Columbia 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 Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
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MS-13 Member Pleads Guilty to RICO Conspiracy Involving MurderRead the Press Release
BOSTON – An MS-13 member pleaded guilty on Friday, March 30, 2018, in federal court in Boston to racketeering conspiracy involving the murder of a 15-year-old boy in East Boston.
Carlos Melara, a/k/a “Chuchito,” a/k/a “Criminal,” 21, a Salvadoran national, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for July 30, 2018.
After a multi-year investigation, Melara was one of 61 people named in a fifth superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13. During the investigation, Melara was identified as a member of MS-13’s Everett Locos Salvatrucha (ELS) clique.
On Sept. 7, 2015, Melara, Henry Josue Parada Martinez, a/k/a “Street Danger,” and another MS-13 member participated in the murder of a teenage boy on Constitution Beach in East Boston. The defendants targeted the victim in a “catfishing” scheme in which they used a fake Facebook account to trick the victim into thinking he was talking to a girl. In reality, the Facebook account was being controlled by MS-13 members to lure in suspected gang rivals so that the gang could murder them.
On the day of the murder, Melara picked up the victim on a scooter pretending to be a friend of the girl that the victim was planning to meet for a date. Melara drove the victim to Constitution Beach, where the other MS-13 members were waiting to kill him. Melara and the other MS-13 members took turns attacking and stabbing the victim to death. Melara was promoted to “homeboy” or a full member of MS-13, as a reward for his participation in the murder.
At the hearing, the Court accepted the defendant’s guilty plea, but deferred acceptance of the plea agreement until the July 30, 2018, sentencing hearing. Under the terms of the proposed plea agreement, Melara will be sentenced to between 30 and 40 years in prison. He will also be subject to deportation upon the completion of his sentence.
On Nov. 29, 2017, Parada Martinez pleaded guilty to RICO conspiracy; he is awaiting sentencing. Melara is the 40th defendant to plead guilty or to be found guilty after trial.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.
The details contained in the charging documents are allegations. All remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lexington Man Sentenced to 37 Months Imprisonment for Possession of a Firearm by a Convicted FelonRead the Press Release
LEXINGTON, Ky., — Delvagio Christopher Lax,33, of Lexington, KY, was sentenced today to 37 months years in prison by United States Senior District Court Judge Joseph M. Hood for Possession of a Firearm by a Convicted Felon. Judge Hood also ordered Lax to pay a fine of $5,000.
Lax previously admitted that on October 6, 2017, while living on Mt. McKinley Way in Lexington, he possessed a .45 caliber Taurus pistol while in a conflict with neighbors. Lax admitted that prior to the incident offense he had been convicted of the felony offenses of Possession of Cocaine on two occasion and Facilitation to Commit Manslaughter First Degree in 2012 in Fayette County. Lax pleaded guilty to the charges in January of this year.
Under federal law, Lax must serve 85 percent of his prison sentence, and, upon release, will be under the supervision of the United States Probation Office for 3 years.
Robert M. Duncan, Jr. United States Attorney for the Eastern District of Kentucky, Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, Richard Sanders, Commissioner of the Kentucky State Police and Chief Lawrence Weathers, Lexington police Department, jointly made the announcement today after the sentencing.
The Federal Bureau of Investigation, Kentucky State Police and The Lexington Police Department as part of a Safe Streets Task Force to reduce violent crimes in the city of Lexington conducted the investigation. Assistant United States Attorney Roger W. West represented the United States.
This case was prosecuted as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Laconia Man Pleads Guilty to Methamphetamine TraffickingRead the Press Release
CONCORD, N.H. - Peter Dauphin, 45, of Laconia, pleaded guilty in federal court to five counts of distributing “ice” methamphetamine, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on five separate occasions in April and May of 2017, Dauphin sold “ice” methamphetamine to an individual who was cooperating with law enforcement officers. All of transactions took place at Dauphin’s automotive repair shop in Gilford, New Hampshire.
Dauphin is scheduled to be sentenced on July 9, 2018.
“Methamphetamine is a dangerous drug that can be deadly,” said U.S. Attorney Murray. “The U.S. Attorney’s Office will continue to work with our law enforcement partners to investigate and prosecute those who are distributing methamphetamine and other drugs that jeopardize the safety of our community.”
“More New Hampshire residents are dying from drug overdoses than ever before. By taking individuals like Mr. Dauphin, who deal dangerous drugs off the street, we’re trying to keep addiction from spreading,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “The FBI will continue to work with our law enforcement partners to identify and disrupt drug traffickers, decrease associated violence, and improve the quality of life for our residents.”
This matter was investigated by the police departments of Gilford and Laconia, in conjunction with the FBI New Hampshire Safe Streets Gang Task Force. The Task Force is comprised of the FBI, the New Hampshire State Police, New Hampshire Probation and Parole, and the police departments of Hudson, Manchester, and Nashua. The case is being prosecuted by Assistant U.S. Attorney Shane B. Kelbley.
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Justice Department Files Lawsuit to Invalidate New California Law Restricting Federal Land SalesRead the Press Release
WASHINGTON - The U.S. Department of Justice today filed a civil action in the U.S. District Court for the Eastern District of California against the State of California, Governor of California Edmund G. “Jerry” Brown Jr., and the California State Lands Commission, seeking a declaration that California Senate Bill 50 (“SB 50”), enacted in October 2017, is unconstitutional and seeking an injunction against implementation of this state law. This California law purports to give a state agency the power to block the sale, donation or exchange of federal lands by the federal government to any other person or entity. SB 50 also seeks to penalize (up to $5,000) any person who knowingly files real estate records pertaining to a federal land transfer unless the California government certifies that the transfer complies with state law.
“The Constitution empowers the federal government—not state legislatures—to decide when and how federal lands are sold,” said Attorney General Jeff Sessions. “California was admitted to the Union upon the express condition that it would never interfere with the disposal of federal land. And yet, once again, the California legislature has enacted an extreme state law attempting to frustrate federal policy. The Justice Department shouldn't have to spend valuable time and resources to file this suit today, but we have a duty to defend the rightful prerogatives of the U.S. military, the Interior Department, and other federal agencies to buy, sell, exchange or donate federal properties in a lawful manner in the national interest. We are confident that we will prevail in this case—because the facts are on our side.”
“Since the founding of the Republic, it has been fundamental to our constitutional system that a state may not discriminate against the United States or those with whom it deals,” said U.S. Attorney McGregor W. Scott for the Eastern District of California. “We will vigorously defend this principle.”
Under a range of federal laws, Congress has empowered federal agencies with the responsibility to determine when, to whom, for what purpose, and under what conditions federal interests in property will be conveyed. Federal conveyances serve a broad range of purposes such as supporting national defense, promoting local economic development, furthering land conservation, or otherwise providing important public benefits.
SB 50 interferes with federal land conveyances in the State of California. For example, SB 50 establishes a state policy to discourage transfers of federal lands in California out of federal ownership. It purports to render void federal land conveyances unless the California State Lands Commission is provided with a right of first refusal to the conveyance or the right to arrange for transfer to another entity. In addition, it purports to prohibit recordation of any deed or other conveyance document relating to a federal conveyance, unless the county recorder is presented with a certificate of compliance from the California State Lands Commission.
The United States’ complaint contends that SB 50 violates the Supremacy Clause of the U.S. Constitution and is therefore invalid. In the first claim for relief, the complaint alleges that SB 50 violates intergovernmental immunity because it discriminates against the United States and its transaction partners and, in the alternative, because it purports to regulate the United States. In the second claim for relief, the complaint alleges that a range of federal laws preempt SB 50, including because SB 50 stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.The Supremacy Clause of the Constitution provides: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof . . . , shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby; any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” U.S. Const. art. VI, cl. 2.
The Property Clause of the Constitution provides that “Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” U.S. Const. art. IV, § 3, cl. 2.
On Sept. 9, 1850, Congress enacted “An Act for the Admission of the State of California into the Union,” ch. 50, 9 Stat. 452. Section 3 of the Act provides in relevant part that “the said State of California is admitted into the Union upon the express condition that the people of said State, through their legislature or otherwise, shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned.” 9 Stat. at 452.
The complaint lists examples of conveyances of federal real property purportedly subject to SB 50, including the following:- The Department of the Army’s planned conveyances to a developer in connection with a multi-phase transaction involving exchanges of about 78 acres of real property owned by the United States in the City of Dublin, Alameda County, for construction of facilities at Camp Parks, an Army military installation.
- The Department of the Navy’s closing on a contract with a developer for the purchase of the Admiral’s Cove property in Alameda, California. The General Services Administration serves as the Navy’s agent in connection with this transaction, providing services under an interagency agreement. This property was formerly used as housing for a military installation at the Naval Air Station Alameda. The Navy and a local redevelopment agency expended substantial resources over a period of many years, including in conducting environmental reviews, before the Navy decided to convey the property.
- The Department of Veterans Affairs plans to revitalize its 388-acre West Los Angeles Campus by leasing real property to other entities for the purpose of providing permanent supportive housing and related services for local veterans. The Department of Veterans Affairs also contemplates issuing an easement to the City of Los Angeles in support of the planned Purple Line Metro Project. These actions would help restore the campus to a safe and welcoming community for veterans and help to reduce veteran homelessness in Los Angeles.
The United States is represented in this action by Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division, with lead counsel Deputy Assistant Attorney General Eric Grant, Justin Heminger, Stacy Stoller and Peter McVeigh, and Civil Chief David Shelledy of the U.S. Attorney’s Office for the Eastern District of California.
Justice Department Files Lawsuit to Invalidate New California Law Restricting Federal Land SalesRead the Press Release
The U.S. Department of Justice today filed a civil action in the U.S. District Court for the Eastern District of California against the State of California, Governor of California Edmund G. “Jerry” Brown Jr., and the California State Lands Commission, seeking a declaration that California Senate Bill 50 (“SB 50”), enacted in October 2017, is unconstitutional and seeking an injunction against implementation of this state law. This California law purports to give a state agency the power to block the sale, donation or exchange of federal lands by the federal government to any other person or entity. SB 50 also seeks to penalize (up to $5,000) any person who knowingly files real estate records pertaining to a federal land transfer unless the California government certifies that the transfer complies with state law.
“The Constitution empowers the federal government—not state legislatures—to decide when and how federal lands are sold,” said Attorney General Jeff Sessions. “California was admitted to the Union upon the express condition that it would never interfere with the disposal of federal land. And yet, once again, the California legislature has enacted an extreme state law attempting to frustrate federal policy. The Justice Department shouldn't have to spend valuable time and resources to file this suit today, but we have a duty to defend the rightful prerogatives of the U.S. military, the Interior Department, and other federal agencies to buy, sell, exchange or donate federal properties in a lawful manner in the national interest. We are confident that we will prevail in this case—because the facts are on our side.”
“Since the founding of the Republic, it has been fundamental to our constitutional system that a state may not discriminate against the United States or those with whom it deals,” said U.S. Attorney McGregor W. Scott for the Eastern District of California. “We will vigorously defend this principle.”
Under a range of federal laws, Congress has empowered federal agencies with the responsibility to determine when, to whom, for what purpose, and under what conditions federal interests in property will be conveyed. Federal conveyances serve a broad range of purposes such as supporting national defense, promoting local economic development, furthering land conservation, or otherwise providing important public benefits.
SB 50 interferes with federal land conveyances in the State of California. For example, SB 50 establishes a state policy to discourage transfers of federal lands in California out of federal ownership. It purports to render void federal land conveyances unless the California State Lands Commission is provided with a right of first refusal to the conveyance or the right to arrange for transfer to another entity. In addition, it purports to prohibit recordation of any deed or other conveyance document relating to a federal conveyance, unless the county recorder is presented with a certificate of compliance from the California State Lands Commission.
The United States’ complaint contends that SB 50 violates the Supremacy Clause of the U.S. Constitution and is therefore invalid. In the first claim for relief, the complaint alleges that SB 50 violates intergovernmental immunity because it discriminates against the United States and its transaction partners and, in the alternative, because it purports to regulate the United States. In the second claim for relief, the complaint alleges that a range of federal laws preempt SB 50, including because SB 50 stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.The Supremacy Clause of the Constitution provides: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof . . . , shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby; any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” U.S. Const. art. VI, cl. 2.
The Property Clause of the Constitution provides that “Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” U.S. Const. art. IV, § 3, cl. 2.
On Sept. 9, 1850, Congress enacted “An Act for the Admission of the State of California into the Union,” ch. 50, 9 Stat. 452. Section 3 of the Act provides in relevant part that “the said State of California is admitted into the Union upon the express condition that the people of said State, through their legislature or otherwise, shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned.” 9 Stat. at 452.
The complaint lists examples of conveyances of federal real property purportedly subject to SB 50, including the following:- The Department of the Army’s planned conveyances to a developer in connection with a multi-phase transaction involving exchanges of about 78 acres of real property owned by the United States in the City of Dublin, Alameda County, for construction of facilities at Camp Parks, an Army military installation.
- The Department of the Navy’s closing on a contract with a developer for the purchase of the Admiral’s Cove property in Alameda, California. The General Services Administration serves as the Navy’s agent in connection with this transaction, providing services under an interagency agreement. This property was formerly used as housing for a military installation at the Naval Air Station Alameda. The Navy and a local redevelopment agency expended substantial resources over a period of many years, including in conducting environmental reviews, before the Navy decided to convey the property.
- The Department of Veterans Affairs plans to revitalize its 388-acre West Los Angeles Campus by leasing real property to other entities for the purpose of providing permanent supportive housing and related services for local veterans. The Department of Veterans Affairs also contemplates issuing an easement to the City of Los Angeles in support of the planned Purple Line Metro Project. These actions would help restore the campus to a safe and welcoming community for veterans and help to reduce veteran homelessness in Los Angeles.
The United States is represented in this action by Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division, with lead counsel Deputy Assistant Attorney General Eric Grant, Justin Heminger, Stacy Stoller and Peter McVeigh, and Civil Chief David Shelledy of the U.S. Attorney’s Office for the Eastern District of California.
Jamaican National Twice Deported Pleads Guilty to Passport Fraud ChargeRead the Press Release
PROVIDENCE, RI – A Jamaican national twice deported from the United States today pleaded guilty in federal court in Providence, RI, to making false statements on a United States passport application.
Appearing in U.S. District Court in Providence, Dwayne L. Facey, 42, of Hampton, GA, admitted to the court that in March 2015 he used the name of a Massachusetts resident on an application filed at a United States Postal Service facility in Pawtucket seeking a United States passport. Facey pleaded guilty to one count of false statement in an application for a passport with the intent to induce or secure the issuance of a passport.
Facey’s guilty plea is announced by United States Attorney Stephen G. Dambruch and William B. Gannon, Special Agent in Charge of the Boston Field Office of the United States Department of State, Diplomatic Security Service.
Facey is scheduled to be sentenced by U.S. District Court Judge John J. McConnell, Jr., on June 19, 2018. False statement in an application for a passport with the intent to induce of secure the issuance of a passport is punishable by statutory penalties of up to 10 years in prison followed by up to 3 years supervised release, a fine of up to $250,000.
Information regarding the prosecution of Facey has been forwarded to United States Immigration and Custom Enforcement.
The matter, investigated by the United States Department of State Diplomatic Security Service, is being prosecuted by Assistant U.S. Attorney Lee H. Vilker.
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Illegal Alien Sentenced in Columbia for Illegal ReentryRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Aurelio Herrera-Mata, age 35, of North Augusta, South Carolina was sentenced in federal court in Columbia, South Carolina, for Reentry of Removed Aliens, a violation of 8 U.S.C. § 1326. United States District Judge J. Michelle Childs, of Columbia, sentenced Herrera to 10 months imprisonment with no supervised release because he is expected to be deported upon completion of his sentence.
Evidence presented at the change of plea hearing established that Herrera-Mata is a Mexican citizen who had previously been deported after being convicted for Hit and Run. He was encountered by ICE – Enforcement and Removal Operations agents on December 16, 2017 at the Aiken County Detention Center after being arrested for Trafficking Cocaine and Unlawful Carrying of a Pistol.
Agents of ICE – Enforcement and Removal Operations investigated this case. Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.
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Illegal Alien Located in Richland County Pleads Guilty to Illegal Re-EntryRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Julio Domingo-Morales, age 42, of Guatemala, entered a guilty plea in federal court in Columbia, to Illegal Re-Entry, a violation of 8 U.S.C. § 1326(a). United States District Judge Mary Geiger Lewis, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Domingo-Morales was encountered by ICE – Enforcement and Removal Operations agents on January 10, 2018, at the Alvin S. Glenn Detention Center in Columbia after he was arrested for Driving Without a License. An investigation revealed that he is a citizen of Guatemala who had previously been deported two times pursuant to an order of removal. U.S. Attorney Drake stated the maximum penalty for Illegal Re-Entry is imprisonment for 2 years and/or a fine of $250,000.
The case was investigated by agents of the ICE – Enforcement and Removal Operations. Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.
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Illegal Alien Located in Richland County Pleads Guilty to Illegal Re-EntryRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Julio Cesar Villareal-Garcia, age 42, of Mexico, has entered a guilty plea in federal court in Columbia, to Illegal Re-Entry, a violation of 8 U.S.C. § 1326(a). United States District Judge Mary Geiger Lewis, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Villareal-Garcia was encountered by ICE – Enforcement and Removal Operations agents on November 27, 2017 at the Alvin S. Glenn Detention Center in Columbia after he was arrested for Driving Under the Influence. An investigation revealed that he is a citizen of Mexico who had previously been deported pursuant to an order of removal. U.S. Attorney Drake stated the maximum penalty for Illegal Re-Entry is imprisonment for 2 years and/or a fine of $250,000.
The case was investigated by agents of the ICE – Enforcement and Removal Operations. Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.
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Illegal Alien Located in Richland County Pleads Guilty to Illegal Re-EntryRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Ulises Martinez-Garcia , age 28, of Mexico, has entered a guilty plea in federal court in Columbia, to Illegal Re-Entry, a violation of 8 U.S.C. § 1326(a). United States District Judge Mary Geiger Lewis, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Martinez-Garcia was encountered by ICE – Enforcement and Removal Operations agents on December 27, 2017 at the Alvin S. Glenn Detention Center in Columbia after he was arrested for Driving Under the Influence. An investigation revealed that he is a citizen of Mexico who had been deported four times pursuant to an order of removal. U.S. Attorney Drake stated the maximum penalty for Illegal Re-Entry is imprisonment for 2 years and/or a fine of $250,000.
The case was investigated by agents of the ICE – Enforcement and Removal Operations. Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.
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Hurricane Man Sentenced for Federal Methamphetamine ChargeRead the Press Release
HUNTINGTON, W.Va. – A Hurricane man caught receiving a shipment of crystal methamphetamine in Huntington was sentenced today to 90 months in federal prison, announced United States Attorney Mike Stuart. Sean Bradsher, 35, previously pled guilty to aiding and abetting the attempted possession with intent to distribute 50 grams or more of methamphetamine in federal court in Huntington. United States Attorney Stuart praised the efforts of the DEA AHIDTA Task Force.
“Any day we can intercept a delivery of illicit drugs and keep them off the streets is a great day. Meth is back and in a terribly horrible way,” said United States Attorney Stuart. “Guys like Bradsher need to be locked up.”
On January 13, 2017, members of the DEA AHIDTA Task Force conducted a controlled delivery of approximately 25 pounds of marijuana and 150 grams of crystal methamphetamine to Bradsher at a residence on 4th Avenue in Huntington. The drugs were intercepted by agents the previous day after they were sent from California to Huntington. After Bradsher took possession of the drugs, agents executed a search warrant at the residence. Agents recovered the marijuana and methamphetamine along with a total of $13,842 in United States currency during the search.
Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by United States District Judge Robert C. Chambers.
This prosecutions was part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Harrison County Man Sentenced to Prison for Opioid DistributionRead the Press Release
COUNCIL BLUFFS, Iowa-- On March 28, 2018, Mark Edward May, age 32, of Missouri Valley, was sentenced by United States District Court Judge Stephanie M. Rose to 14 months in prison for conspiracy to distribute and distribution of oxycodone and hydrocodone announced United States Attorney Marc Krickbaum. May was ordered to serve three years of supervised release to follow his prison term.
May pleaded guilty to one count of conspiracy to distribute a controlled substance and five counts of distribution of a controlled substance on November 16, 2017. May orchestrated the distribution of hydrocodone and oxycodone on multiple occasions to an undercover law enforcement agent from numerous individuals, including co-defendants Chiann May Jones, Jeremiah D. Jones, and Clara Ann Milks. May and his co-defendants made false medical claims to local physicians to obtain the pills.
This investigation was conducted by the Southwest Iowa Narcotics Task Force, Iowa Division of Narcotics Enforcement, Cass County Sheriff’s Office, Harrison County Sheriff’s Office, United States Department of Health and Human Services – Office of the Inspector General, and the United States Drug Enforcement Administration. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Gulf Coast Men Indicted on Federal Drug Trafficking ChargesRead the Press Release
Gulfport, Miss. – Keith Lavell Brown and Jaycie Mario Thomas have been arrested and charged in a three-count federal indictment with drug trafficking offenses, announced U.S. Attorney Mike Hurst, DEA Assistant Special Agent in Charge Derryle Smith and FBI Special Agent in Charge Christopher Freeze.
Brown and Thomas will appear before U.S. Magistrate Judge John C. Gargiulo today in Gulfport at 2:00 p.m. for their intial appearances and arraignments on the charges.
The indictment charges Brown, 46, of Moss Point, Mississippi, with one count of conspiracy to possess with intent to distibute cocaine and two counts of possession with intent to distribute cocaine. Thomas, 35, of Ocean Springs, Misssissippi, is charged with one count of conspiracy to possess with intent to distribute cocaine.
The indictment alleges that beginning in 2009 until March 20, 2018, the defendants conspired with each other and others to possess with intent to distribute five kilograms or more of cocaine in the Southern Division of the Southern District of Mississippi.
If convicted, the defendants face up to life in prison and fines of up to $10,000,000.
The case is being investigated by the Drug Enforcement Administration and the Federal Bureau of Investigation.
The public is reminded that an indictment is merely an allegation and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
Gainesville men convicted of distributing crack cocaineRead the Press Release
GAINESVILLE, Ga. – Twin brothers Kecole Dukes and Kemeca Dukes have been convicted of conspiracy to distribute and distribution of crack cocaine. Both Dukes’ were on parole having recently served a sentence for selling crack cocaine.
“Crack cocaine is still a scourge in our communities,” said U.S. Attorney Byung J. “BJay” Pak. “These defendants are career offenders, and have multiple convictions for distributing crack cocaine in the past. “They are now facing lengthy sentences in federal prison where there is no parole.”
“Removing drugs and the criminals who illegally deal in them has a positive impact in our communities and contributes to stabilizing those areas which are more susceptible to violent criminal activity,” said ATF Atlanta Special Agent in Charge Arthur Peralta. “This sentence should serve as a deterrent to those who destroy their communities by flooding their streets with drugs. Our communities have had enough and it’s though collaborations with our federal, state, local, and community partners that we can have a positive and long lasting effect.”
“We appreciate the efforts of the ATF and Hall County MANS Unit in investigating and apprehending these individuals who continued to distribute crack cocaine into the Gainesville community after having been convicted multiple times on drug offenses,” said Northeastern Judicial Circuit District Attorney Lee Darragh. “We would also like to thank the jurors for their service and verdict.”
According to U.S. Attorney Pak, the charges and other information presented in court: From August 2015 to October 2016, Kemeca Dukes and Kecole Dukes, who are twin brothers, conspired to sell crack cocaine on multiple occasions to informants working for ATF and the Hall County Multi-Agency Narcotics Squad (MANS) Unit. Kemeca Dukes was the primary contact for the informants and sold varying quantities of crack cocaine to them on 10 occasions. Kecole Dukes sold or provided crack cocaine to the informants on three occasions and acted as a lookout for his brother on other occasions when Kemeca Dukes met with the informants to sell them crack cocaine.
During the conspiracy both Kemeca Dukes and Kecole Dukes were on parole with the State of Georgia. Both were convicted in Hall County Superior Court in 2011, for selling crack cocaine and both were released in 2014. Both brothers were back selling crack cocaine less than a year later.
On March 23, 2018, Kemeca Dukes, 40, of Gainesville, Georgia pleaded guilty to one count of distributing crack cocaine. On March 29, 2018, Kecole Dukes, 40, also of Gainesville, Georgia was found guilty by a federal court jury of conspiring to possess with intent to distribute at least 28 grams of crack cocaine and distributing at least 28 grams of crack cocaine and three counts of distributing crack cocaine.
Sentencing for the Dukes’ has not yet been scheduled.
This case was investigated jointly by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Hall County MANS Unit.
Assistant U.S. Attorneys William L. McKinnon, Jr. and Erin E. Sanders and Special Assistant U.S. Attorney and Hall County Assistant District Attorney Juliet Aldridge prosecuted 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.
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.
Four indicted in Home Depot ticket switching scamRead the Press Release
ATLANTA - Charles Blackman, a/k/a Ralph Jones, Stephanie Price, a/k/a Rhonda Johnson, Joseph Payne, and Quinton Williams have been arraigned on federal charges of conspiracy to commit wire fraud. Blackman, Price, Payne and Williams were indicted by a federal grand jury on March 20, 2018.
“Blackman and his accomplices allegedly conspired to ‘ticket switch’ and defraud Home Depot of merchandise valued in excess of $300,000,” said U.S. Attorney Byung J. “BJay” Pak. “Honest, hardworking citizens are the ones who ultimately pay the price for thieves who seek to steal from businesses.”
“This case illustrates not just the significance of an aggressive approach to combat this type of fraud, but it also illustrates the importance of partnerships,” said Kenneth Cronin, Special Agent in Charge of the U.S. Secret Service, Atlanta Field Office. “We will continue to work closely with prosecutors to ensure offenders like Blackman and his conspirators are put behind bars.”
According to U.S Attorney Pak, the charges, and other information presented in court: Blackman and his associates allegedly switched or altered the prices of merchandise by changing the Universal Product Code (UPC), so the items could be purchased at a lower price and then returned for the actual, higher retail price. They used false information and fake identifications to further their fraud. Their alleged scheme was to cheat Home Depot out of the hundreds of thousands of dollars to be made on the price difference after returning the merchandise.
Charles Blackman, a/k/a Ralph Jones, 58; Stephanie Price, a/k/a Rhonda Johnson, 51; Joseph Payne, 54; and Quinton Williams, 52, all of Atlanta, Georgia, were arraigned before U.S. Magistrate Judge Justin S. Anand. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges, and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the U.S. Secret Service. The Woodstock Police Department and Cherokee County District Attorney’s Offices contributed to this case.
Assistant U.S. Attorney Cassandra J. Schansman is prosecuting the case.
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 Nashville U.S. Attorney and Former Commissioner of the Tennessee Department of Correction Sentenced in Federal and State Courts for Mail Fraud Scheme Victimizing Black FarmersRead the Press Release
Jackson, TN – Quenton Irwin White, the former U.S. Attorney for the Middle District of Tennessee as well as the former Commissioner of the Tennessee Department of Correction, has been sentenced to federal prison for a mail fraud scheme to defraud black farmer clients. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
The U.S. Attorney’s Office for the Western District of Tennessee charged that from September 2013 through October 2016, and after his term as U.S. Attorney, Quenton Irwin White 57, while in private practice as a licensed attorney in Nashville, Tennessee, sent postcards soliciting business from successful claimants in the class action case, "Black Farmers Discrimination Litigation." In the class case, successful claimants would receive an award of $62,500 because of USDA discriminatory loan practices. USDA would send $12,500 to IRS, with each claimant to receive $50,000. White did not distribute the $50,000 and used it for his own personal benefit. White entered a guilty plea on October 13, 2017, before Chief Judge S. Thomas Anderson.
U.S. Attorney D. Michael Dunavant said: "Mr. White used his privilege to practice law and a position of fiduciary trust to commit crimes of fraud and dishonesty that victimized vulnerable black farmers and their families for his own selfish personal gain. Nobody is above the law, and as a former U.S. Attorney and State Correction Commissioner, he should have known better. We are thankful for the partnership with the 25th Judicial District Attorney General’s Office in working together to hold White accountable in both federal and state courts for the betrayal of his professional oath, and we are glad to achieve justice for the victims in this case."
On three separate occasions, White was hired as the attorney to represent the estates from the Black Farmers Discrimination Litigation. At each transaction, the USDA would provide the $50,000 check to White, who in turn would deposit into the White Law Group’s escrow account. When claimants inquired about their funds, White would send a letter explaining that the funds were unavailable and the estate could not be closed. In another instance, White wrote checks to the heirs of a claimant, but checks were not honored by the bank due to insufficient funds in the escrow account.
25th Judicial District Attorney General Mark Davidson said: "Quenton I. White defrauded black farmers of over $45,000 on the front steps of the Fayette County Courthouse. He was subsequently prosecuted and convicted in Fayette County Circuit Court of three (3) felony counts of passing worthless checks and is serving jail time for those offenses, in addition to being ordered to pay restitution to his victims. As their attorney, and a former U.S. Attorney and Correction Commissioner, White abused a position of trust and further victimized minority victims of discriminatory loan practices. His State and Federal convictions and sentences demonstrate that such criminal activity will not be tolerated in the 25th Judicial District. We are thankful for our partnership with the U.S. Attorney’s Office to achieve justice for these victims and deter others from such criminal conduct. We also thank the Fayette County Sheriff’s Office for their investigation of these crimes."
On Friday, March 30, 2018, U.S. District Court Senior Judge S. Thomas Anderson sentenced White to 1 year and 1 day incarceration in federal prison, with 2 years supervised release. He was also ordered to pay $141,000 in restitution to the victims.
In addition to the federal case, White pleaded guilty in the Circuit Court of Fayette County, TN, to 3 Class C felonies for issuing 3 worthless checks that totaled $50,000. He was sentenced to a total effective state sentence of nine years, suspended after service of 180 days in the Fayette County Jail; supervised state probation; and payment of restitution to the victims in the total amount of $50,000. The state sentence was ordered to run concurrent to the federal sentence for the same criminal conduct. White was also disbarred from the practice of law by the Tennessee Supreme Court related to the conduct in this case, including misrepresentations to clients, misuse of clients’ monies, and failing to protect client’s property and funds.
The case was investigated by the Federal Bureau of Investigation, Internal Revenue Service, and the Fayette County Sheriff’s Office.
Assistant U.S. Attorney Victor L. Ivy prosecuted this case on the federal government’s behalf. Assistant District Attorney General Falen Chandler prosecuted the case on behalf of the State of Tennessee.
Former Erie Resident Sentenced to Prison for Drug and Firearms OffensesRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, has been sentenced in federal court to 30 months in prison on his conviction of violating federal drug and firearms laws in two separate cases, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Ramon Martinez-Silva, 38.
According to information presented to the court, in the case at Criminal No. 14-26 Erie, from on or about May 16, 2013, to on or about August 26, 2013, Martinez-Silva and a co-defendant conspired to distribute and possess with intent to distribute cocaine. Martinez-Silva sold cocaine on four occasions in the vicinity of 915 West 16th Street and other locations in Erie, Pennsylvania. In addition, at Criminal No. 15-20 Erie, Martinez-Silva possessed a firearm while being a convicted felon. According to information provided to the court, Martinez-Silva obtained a Marlin 9mm semi-automatic rifle from an individual at a residence at 529 East 13th Street in Erie and was then caught by law enforcement officers after selling that gun. Martinez-Silva was prohibited from firearm possession because of two prior felony convictions.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
United States Attorney Brady commended the EAGLE task force, which is comprised of members of the Federal Bureau of Investigation, the Erie Police Department, and the Pennsylvania Office of Attorney General Bureau of Narcotics Investigation for the investigation leading to the successful prosecution of Martinez-Silva.
Former Alabama Kindergarten Teacher Sentenced to Prison for Producing Child PornographyRead the Press Release
An Alabama man was sentenced today to 10 years in prison, to be followed by three years of supervised release, for producing child pornography between 1997 and 1998, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Jay E. Town of the Northern District of Alabama.
Charles Mark McCormack, 54, of Muscle Shoals, Alabama, pleaded guilty on Nov. 27, 2017, to one count of production of child pornography before Chief U.S. District Judge Karon O. Bowdre of the Northern District of Alabama.
According to admissions made in connection with his guilty plea, between Aug. 1, 1997, and Oct. 15, 1998, McCormack used an approximately six-year-old girl to engage in sexually explicit conduct for the purpose of producing visual depictions of the conduct, by videotaping the girl urinating in a bathroom in his Colbert County, Alabama residence. During a May 2016 search of McCormack’s residence, law enforcement discovered images of nude and topless females believed to constitute child pornography and a suitcase containing young girls’ panties. McCormack was employed as a kindergarten teacher at the time of the search.
The U.S. Immigration and Customs Enforcement’s Homeland Security Investigations is investigating this case with support from the Georgia Bureau of Investigation. Trial Attorney William M. Grady of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Chinelo Dike-Minor of the Northern District of Alabama are prosecuting the case.
This investigation is a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Florence Resident Admits to Conspiring to DefraudRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Eric Wilson, of Florence, South Carolina, entered a guilty plea in federal court in Columbia, to conspiracy to commit wire, mail, or bank fraud, a violation of 18 U.S.C. § 1349. United States District Judge Mary Geiger Lewis, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that the U.S. Secret Service began investigating Wilson when it received a tip that he was selling counterfeit checks in Florence. A confidential informant was used to purchase counterfeit checks from Wilson in 2013 and 2014. An examination of the checks revealed that they were connected to an ongoing investigation involving $20,000,000 in losses being investigated by the New York Field Office of the Secret Service since 2007. The counterfeit checks were mailed to Wilson and others throughout the United States then either spent or sold.
Ms. Drake stated the maximum penalty for conspiracy to commit mail, wire or financial fraud is imprisonment for up to thirty years, a one million dollar fine and five years’ supervised release.
The case was investigated by agents of the Florence Police Department and the United States Secret Service. Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.
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FCi- Berlin Inmate Pleads Guilty to AssaultRead the Press Release
CONCORD – U.S. Attorney Scott W. Murray announced today that Bashir Masaoud, 31, an inmate at FCI-Berlin pleaded guilty to two counts of assaulting staff at the prison while the staff were performing their official duties.
Documents filed with the court and statements made at the today’s hearing established that on May 23, 2017, Masaoud left his cell on Unit A-3 of the prison, crossed the common area of the unit, and grabbed the shirt of a correctional officer. Masaoud attempted to strike the officer with a closed fist. Masaoud was subdued with pepper spray and the assistance of other officers. Masaoud kicked another officer who was assisting in getting Masaoud under control.
A sentencing hearing is scheduled for July 17, 2018.
The case was investigated by the Bureau of Prisons staff at FCI-Berlin. The case is being prosecuted by Assistant U.S. Attorney Donald Feith.
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Erie Man Sentenced for Role in Food Stamp Fraud Scheme Carried Out at Erie Convenience StoreRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, has been sentenced in federal court to two years probation and ordered to make $23,051 in restitution on his conviction of conspiracy to defraud the United States, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Dhia Almaleki, 47.
According to information presented to the court, Dhia Almaleki and three co-defendants were engaged in exchanging food stamps for cash on a regular basis at The Lotto World, also known as Samir’s and Lotto World Convenience, a convenience store located at 832 State Street in Erie. The four defendants also allowed customers to pay off store credit with food stamps.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
United States Attorney Brady commended the United States Department of Agriculture, Office of Inspector General, the Department of Homeland Security Investigations, and the Erie Police Department for the investigation leading to the successful prosecution of Almaleki.
Erie Felon Admits Unlawful Possession of Ammunition, Improvised FirearmRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, pleaded guilty in federal court to charges of violating federal firearm laws, United States Attorney Scott W. Brady announced today.
Jesse Lee Anderson, 37, pleaded guilty to two counts before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Anderson unlawfully possessed ammunition while being prohibited from firearm possession because he is a convicted felon. In addition, Anderson possessed an improvised firearm device utilizing two pipes capable of discharging a shot, not registered to him in the National Firearms Registration and Transfer Record.
Judge Cercone scheduled sentencing for July 16, 2018 at 12:45 p.m. The law provides for a total sentence of 20 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Marshal’s Service conducted the investigation that led to the prosecution of Anderson.
Erie Cocaine Dealer Will Spend 10 Years in Prison as Part of Plea DealRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, pleaded guilty in federal court to charges of violating federal narcotics laws in two separate cases, United States Attorney Scott W. Brady announced today.
Marco Antonio Melchor, 37, pleaded guilty to one count at Criminal No. 15-02 Erie and one count at Criminal No. 15-04 Erie before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that from in and around June 2013 and January 2015, Melchor and his co-defendants conspired to possess with intent to distribute and distribute approximately 50 kilograms of cocaine.
According to the information provided to the Court in support of the guilty pleas, the investigation revealed that Melchor, the owner of the El Toro Loco restaurant in Erie, Pennsylvania, was engaged distributing cocaine and laundering the drug proceeds made by the selling of those drugs. The investigation revealed that the drug trafficking conspiracy involving Melchor was being sourced cocaine from individuals in Texas associated with organizations in Mexico. The drugs were imported into the United States and were then brought into Houston, Texas. Once in Houston, co-conspirators coordinated for the drug loads to be brought into Ohio and Pennsylvania. The cocaine was then transported to Erie, Pennsylvania and elsewhere using vehicles rigged with hidden compartments. Once the drugs arrived in Erie they were further distributed initially by Melchor and co-conspirator Maria Urrutia, who then further distributed most of the cocaine from their locations in Erie, Pennsylvania. Melchor also conspired with a co-conspirator in Lawrence, Massachusetts, to install a hidden compartment in a new vehicle, to expand their cocaine distribution efforts with the co-conspirator suppliers in Houston, Texas.
Judge Cercone scheduled sentencing for July 16, 2018 at 3 p.m. The law provides for a total sentence of life in prison, a fine of $4,000,000, or both for each count at Criminal No. 15-02 Erie and Criminal No. 15-04 Erie. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.
The Homeland Security Investigations, the Drug Enforcement Administration, the Pennsylvania State Police, U.S. Border Patrol, the Internal Revenue Service, Criminal Investigation, the Pennsylvania Office of Attorney General Organized Crime Section, the U.S. Postal Inspection Service, the U.S. Marshals Service, the Bureau of Alcohol Tobacco Firearms and Explosives, and the Arkansas State Police conducted the investigation that led to the prosecution of Melchor.
El Reno Man Sentenced to 30 Months in Prison for Possessing Child PornographyRead the Press Release
OKLAHOMA CITY – MATTHEW EDWARD HARMS, 39, of El Reno, Oklahoma, has been sentenced to 30 months in prison for possessing child pornography, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
On February 2, 2016, Harms was indicted on one count of receipt of child pornography and one count of possession of child pornography. According to the charges, he used the Internet to receive child pornography and also possessed pornography involving a minor under the age of twelve engaging in sexually explicit conduct.
On February 22, 2017, Harms pleaded guilty to possessing child pornography. In particular, he admitted he had downloaded child pornography from the Internet onto one or more personal computing devices seized at his home by the FBI. He reserved his right to withdraw his guilty plea pending the result of a case before the U.S. Court of Appeals for the Tenth Circuit, United States v. Workman. That case involved the same multi-state FBI undercover operation that had ensnared Harms. On July 21, 2017, the Tenth Circuit ruled in favor of the United States in Workman.
On April 2, 2018, U.S. District Judge Vicki Miles-LaGrange sentenced Harms to 30 months in prison, to be followed by five years of supervised release. As part of the sentence, he must pay $3,000 in restitution to one of the victims identified in the child pornography he possessed. He was also ordered to forfeit the electronic devices involved in the offense.
This case is the result of an investigation by the FBI and was prosecuted by Assistant U.S. Attorney Julia E. Barry. It is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat child sexual exploitation and abuse. 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.justice.gov/psc.
Reference is made to the indictment and other public filings for further information.
East Chicago Man Sentenced to 240 Months in PrisonRead the Press Release
HAMMOND- Deandrea “Shorty Black” Davis, 37, of East Chicago, Indiana, was sentenced before Hammond District Court Judge James T. Moody on his plea of guilty to conspiracy to distribute cocaine and cocaine base and possession of a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Thomas L. Kirsch II.
Davis was sentenced to 240 months imprisonment and 3 years of supervised release upon completion of his prison term.
According to documents in this case, in the fall of 2016, Davis, along with co-conspirators, distributed cocaine and crack cocaine in East Chicago. Davis utilized drug addicts as distributors, helped set up drug locations that fronted as legitimate residences and businesses and kept a 24/7 drug operation going in the heart of East Chicago which sent kilograms of cocaine into the neighborhood. Defendant also utilized a firearm to protect an East Chicago residence where he stored several kilograms of cocaine.
This case was investigated by the Drug Enforcement Administration Indiana HIDTA Group and the East Chicago Police Department and was handled by Assistant United States Attorney Thomas McGrath.
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During National Conference, U.S. Attorney Dunavant Selected to Serve on Three Attorney General SubcommitteesRead the Press Release
Memphis, TN – United States Attorney for the Western District of Tennessee D. Michael Dunavant attended the 2018 United States Attorneys’ National Conference at the Robert F. Kennedy Main Justice Headquarters Building in Washington, D.C.
Dunavant joined with other United States Attorneys from all 93 federal districts across the country for briefings and training on various DOJ priorities and topics, including national security, federal sentencing guidelines, narcotics enforcement, organized crime, the opioid epidemic, human trafficking, cybercrime and other technology-related investigations, asset forfeiture, violent crime and Project Safe Neighborhoods, financial crimes, professional responsibility, and office management. The U.S. Attorneys also met with Attorney General Jeff Sessions, Deputy Attorney General Rod Rosenstein, Solicitor General Noel Francisco, FBI Director Christopher Wray, DEA Acting Administrator Robert Patterson, U.S. Secretary of Labor Alexander Acosta, and Medal of Honor Recipient, U.S. Army Captain Florent Groberg.
During the National Conference, Dunavant was also selected to serve on three subcommittees of the Attorney General’s Advisory Committee (AGAC), Chaired by Richard Moore, U.S. Attorney for the Southern District of Alabama. The AGAC was created in 1973 to serve as the voice of U.S. Attorneys and to advise the Attorney General of the United States on policy, management, and operational issues impacting the offices of the U.S. Attorneys. With members representing various federal judicial districts, geographic locations, and small, medium and large size offices, the Committee meets with the Attorney General and works to further the goals as set by the President of the United States. Dunavant will be serving on the Violent and Organized Crime Subcommittee, the Controlled Substances Subcommittee, and the Native American Issues Subcommittee.
"I was honored to meet with all of my U.S. Attorney colleagues from across the country to share and receive information about our collective work to advance the priorities of the Department of Justice to promote public safety, enforce the rule of law, and achieve the effective administration of justice in our respective districts. I am pleased to serve on the AGAC subcommittees in order to focus on strategies and policies to combat violent and organized crime, reduce drug addiction and trafficking, and promote public safety in our tribal communities," said U.S. Attorney D. Michael Dunavant.
Attorney General Jeff Sessions along with U.S. Attorneys from all 93 Federal Districts
Attorney General Jeff Sessions and U.S. Attorney D. Michael Dunavant