Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
23 March 2018
Lowell Man Charged with Armed Bank RobberyRead the Press Release
BOSTON - A Lowell man was charged yesterday in federal court in Boston with masked and armed bank robbery.
Jason M. Nobles, 35, was charged by criminal complaint with one count of armed bank robbery. Nobles appeared yesterday before U.S. District Court Magistrate Judge Marianne B. Bowler and was detained pending a detention hearing.
According to the compliant, on Feb. 26, 2018, an individual, later identified as Nobles, entered a branch of the Santander Bank in Swansea, approached a teller’s station, brandished what appeared to be a black semi-automatic pistol, pointed the pistol at the bank’s tellers, and demanded cash. The tellers handed Nobles cash from their drawers and Nobles fled the bank. A post robbery audit determined that Nobles took approximately $15,000.
Having witnessed Nobles depart the bank, run to a neighboring parking lot, and leave the area in a gray Toyota SUV, the bank’s employees were able to provide law enforcement with a vehicle description and the physical description of the robber. Law enforcement across multiple towns worked together to locate the Toyota SUV, stop it, and detain the driver - Nobles - who matched the description of the robber given by the bank’s employees.
Later, when law enforcement executed a search warrant on the vehicle, they found a large sum of money and a black Sig Sauer semi-automatic pellet gun.
The charge provides for a sentence of no greater than 25 years in prison and five years of supervised release. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Bristol County District Attorney Thomas M. Quinn; Swansea Police Chief George Arruda; and Rehoboth Police Chief James J. Trombetta made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the court documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Los Angeles Man Indicted for Money Laundering of $1.9 Million Stolen from Appalachian State UniversityRead the Press Release
CHARLOTTE, N.C. – Ho Shin Lee, 31, of Los Angeles, California, was indicted by a federal grand jury in Charlotte for laundering more than $1.9 million stolen from Appalachian State University, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina. The 14-count indictment was unsealed today, following Lee’s arrest in California.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division joins U.S. Attorney Murray in making today’s announcement.
According to allegations contained in the indictment, on or about November 18, 2016, Lee applied to the Secretary of State of California to register Royce Hub Trading, Inc. as a corporation in California, claiming that the corporation was in the business “general merchandise.” Lee represented himself to be the Chief Executive Officer, Secretary, and Chief Financial Officer of Royce Hub Trading. The indictment alleges that on or about November 23, 2016, Lee opened a bank account with a financial institution in Los Angeles in the name of Royce Hub Trading, Inc. Lee claimed to be president of Royce Hub Trading and was the sole account holder.
Court documents indicate that in 2016, Appalachian State University (“Appalachian State”) awarded a contract to Rodgers Builders to build a new health sciences building at the university. On or about December 2, 2016, an employee at Appalachian State received an email from an unidentified individual purporting to be D.M., an employee of Rodgers Builders. The e-mail was sent from [email protected]. The legitimate e-mail address for Rodgers Builders was “rodgersbuilders.com.” The fraudulent e-mail contained a direct deposit form and instructions to change Rodgers Builders’ previously submitted banking information to Lee’s newly opened bank account.
The indictment alleges that the Appalachian State employee changed the payment information as directed by the fraudulent e-mail, and on or about December 8, 2016, a payment of approximately $1,959,925.02 intended for Rodgers Builders by Appalachian State was directed to the bank account controlled by Lee.
According to the indictment, on or about December 12, 2016, Lee received the fraud proceeds, and quickly transferred the funds through a series of financial transactions out of his bank account, knowing that the transactions were designed to conceal the nature, location, source, ownership, and control of the fraud proceeds.
Lee is charged with fourteen counts of money laundering. The maximum penalty for the each charge is twenty years in prison and a $ 500,000 fine.
The charges contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond reasonable doubt in a court of law.
The FBI investigated the case. Assistant U.S. Attorney Kelli Ferry is in charge of the prosecution.
* **
On January 24, 2018, U.S. Attorney Murray announced that $1,542,442.33 would be distributed to Appalachian State, following successful civil forfeiture proceedings against money seized from bank accounts controlled by the alleged fraudsters who targeted the university. The full press release can be found at:
/usao-wdnc/pr/appalachian-state-university-receive-15-million-distribution-resulting-us-attorneys
Lawrence Man Charged with Identity TheftRead the Press Release
BOSTON – A Lawrence man was arraigned yesterday in federal court in Boston on charges related to identity theft.
Kelny Andujar, a/k/a Kelny Alberto Andujar Pinales, 36, was indicted on one count of passport fraud, one count of misusing a Social Security number, and two counts of aggravated identity theft. The crimes allegedly occurred in 2016.
The charging statute for aggravated identity theft provides for a mandatory sentence of two years in prison, up to one year of supervised release, and a fine of up to $250,000. The charge of passport fraud provides for a sentence of no greater than 10 years in prison, three years of supervised released, and a fine of up to $250,000. The charge of misuse of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office, made the announcement. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
KC Man Charged with Using GPS to Track Murder VictimRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man has been charged in federal court with using a GPS tracking device to assist in the murder of a rival drug trafficker who was fatally shot in front of his 8-year-old daughter.
Lester Brown, 30, of Kansas City, was charged in a criminal complaint filed in the U.S. District Court in Kansas City, Mo., on Thursday, March 22, 2018. Brown remains in federal custody pending a detention hearing on Tuesday, March 27, 2018.
The federal criminal complaint charges Brown with using a GPS tracking device with the intent to commit a crime of violence, which resulted in the death of Christopher Harris, to further Brown’s marijuana trafficking operation.
According to an affidavit filed in support of the federal criminal complaint, Brown and Harris had a long-standing dispute over marijuana trafficking. Brown allegedly murdered Harris in front of Harris’s 8-year-old daughter on March 14, 2018, as Harris was returning his daughter to her mother’s residence. The murder, says the affidavit, was the culmination of conflicts between Brown and Harris’s competing marijuana distribution activities.
Independence police officers were dispatched to a residence on March 14, 2018, regarding a report of shots fired near the residence. Harris’s girlfriend, the mother of his daughter, reported that her boyfriend had been shot. When officers arrived, they discovered Harris suffering from a wound to the head. Harris was unresponsive, and was ultimately pronounced deceased.
An anonymous source told investigators that Brown orchestrated the shooting assault on Harris and enlisted the assistance of two other persons as shooters. Brown allegedly used a GPS tracking device, covertly placed on Harris’s vehicle, to track Harris’s movements.
The anonymous source described a long-standing grievance between Brown and Harris, and indicated it was this conflict which likely resulted in the assault and death of Harris. Harris’s former girlfriend and the mother of his 8-year-old daughter told investigators that Harris had recently told her about a confrontation between himself and Brown at a local shopping center within the two weeks preceding Harris’s death.
The anonymous source also told investigators that Brown distributes high-grade marijuana on his own and has attempted to join other distributors in the metropolitan area to expand his enterprise. Brown has allegedly engaged in robberies of other drug traffickers with the intent of stealing bulk quantities of high-grade marijuana and other illegal drugs to distribute himself. Brown allegedly enlisted the same two shooters to assist him in these robberies.
A second anonymous source told investigators that Brown also had deployed GPS tracking devices on the vehicles of other known distributors of illegal drugs that he intended to target for robberies.
The charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Joseph M. Marquez. It was investigated by the Independence, Mo., Police Department, the Kansas City, Mo., Police Department, and the FBI.
Jefferson County Man Sentenced for Beaumont Bank RobberyRead the Press Release
BEAUMONT, Texas – A 39-year-old Beaumont, Texas man has been sentenced to federal prison for bank robbery in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Joseph Dee Carter pleaded guilty on Oct. 26, 2017, to bank robbery and was sentenced to 77 months in federal prison today by U.S. District Judge Thad Heartfield.
According to information presented in court, on July 7, 2017, Carter robbed the DuGood Federal Credit Union on Eastex Freeway in Beaumont. Surveillance video showed that Carter entered the credit union lobby and then had a discussion with an employee about temporary checks. A few minutes later, the video shows Carter walking across the lobby to the restroom before returning to the teller counter and placing a note written on a paper towel on the counter in front of the teller, demanding money. After receiving money from the teller, Carter fled the credit union and was seen driving away in a vehicle. Police found the vehicle, but Carter had fled on foot. Later that day, after having been identified by witnesses and examination of the video, Carter was arrested while walking on Lucas Street. Carter was indicted by a federal grand jury on Aug. 9, 2017.
This case was investigated by the Federal Bureau of Investigation and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Jacksonville Man on Federal Supervised Release Sentenced to 41 Years in Federal Prison for Aggravated Identity Theft and Fraud ChargesRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Anthony Johnson (53, Jacksonville) to 41 years in federal prison for aggravated identity theft, bank fraud, false representation of a Social Security number, mail fraud, and for violating his federal supervised release. As part of his sentence, the court also ordered him to pay restitution to multiple victims he had defrauded. Johnson was arrested on July 11, 2016, for violating his federal supervised release and he was subsequently indicted on fraud charges on August 10, 2016. He has remained in federal custody since his arrest. On October 19, 2017, a federal jury found Johnson guilty of nine counts of aggravated identity theft, nine counts of bank fraud, seven counts of false representation of a Social Security number, and three counts of mail fraud.
According to evidence presented at trial, beginning in 2014, Johnson falsely claimed to be a former member of the U.S. Army and used the Social Security numbers of two victims, including a lawyer from Seattle, to open a bank account and to obtain a loan and multiple credit cards from USAA in the names of his victims. After obtaining multiple credit card convenience checks, Johnson withdrew thousands of dollars from the USAA bank account for his own use. After obtaining a genuine Florida driver license using the identity of a doctor from Texas, Johnson obtained two fraudulent loans totaling over $148,000 from Bankers Healthcare Group, LLC (BHG). Johnson had the money from BHG wired to a TD Bank business account in the name of a false medical data company he incorporated in Florida. Using the same identity, Johnson then obtained additional loans from Springleaf Financial Services and had the proceeds wired to the bank account he had set up for the false medical data company. Johnson then set up a personal bank account at TD Bank in the victim’s name and began funneling money from the business account to the personal account. Thereafter, Johnson began making large cash withdrawals to fund his purchase of luxury items including a $70,000 luxury car. During this time, Johnson used the identity of a fourth victim to obtain an apartment and then obtained another genuine Florida driver license using the identity of a fifth victim.
During the summer of 2016, using proceeds from his criminal activity, Johnson left the United States in violation of his federal supervised release imposed after a previous federal conviction for fraud and identity theft-related charges. While on this trip, he stayed at the Waldorf Astoria, purchased high-end personal items, and spent more than $4,000 while visiting a club/restaurant. On July 11, 2016, U.S. Immigration and Customs Enforcement, in coordination with the U.S. Marshals Service, arrested Johnson at the Orlando International Airport for violating the terms of his supervised release.
“The U.S. Secret Service is committed to investigating these types of fraud investigations with our federal, state, and local law enforcement partners due to the impact on the U.S. financial system and our local community,” said Neil Melofchik, Special Agent in Charge of the USSS Jacksonville Field Office.
This case was investigated by the Florida Highway Patrol – Bureau of Criminal Investigations and Intelligence, the Jacksonville Sheriff’s Office, the U.S. Marshals Service, U.S. Immigration and Customs Enforcement, and the United States Secret Service - Jacksonville Field Office. Assistant United States Attorney Kevin C. Frein and Beatriz Gonzalez prosecuted it.
International Competition Network Adopts Guiding Principles for Procedural Fairness and New Recommendations for Merger ReviewRead the Press Release
At its annual conference, the International Competition Network (ICN) adopted guiding principles for procedural fairness in competition agency enforcement; substantially revised merger recommended practices addressing international enforcement cooperation, timing of notification, and review periods; and presented the results of a member survey on vertical merger assessment and related economic issues. The ICN also issued a strategy report on advocacy monitoring and evaluation methods, and interim reports on the treatment of vertical restraints under unilateral conduct laws and key elements of cartel leniency programs, the Department of Justice announced today.
The ICN held its 17th annual conference, hosted by the Competition Commission of India, on March 21-23, 2018. Nearly 500 delegates from over 70 jurisdictions participated, including competition experts from international organizations and the legal, business, academic, and consumer communities. Deputy Assistant Attorney General Roger Alford led the Department of Justice’s delegation; the Federal Trade Commission’s delegation was led by Acting Chairman Maureen Ohlhausen. Assistant Attorney General Makan Delrahim had planned to attend, but was required to remain in Washington due to the litigation schedule in a Division matter. The conference showcased the achievements of the ICN working groups on competition advocacy, agency effectiveness, cartels, mergers and unilateral conduct, and featured discussion of current competition issues and the future direction of the network.
“The Division looks forward each year to this opportunity to engage face to face with enforcer colleagues from around the world,” said Assistant Attorney General Delrahim. “The relationships that we develop through ICN are key to our enforcement program, and to promoting sound competition policy worldwide. We commend the Competition Commission of India for hosting an excellent conference.”
Deputy Assistant Attorney General Alford spoke on a panel discussing online markets and vertical restraints. The panel was part of the Unilateral Conduct Working Group’s ongoing work on vertical restraints. The Working Group, co-chaired by the Department of Justice, presented an interim report examining a series of hypothetical vertical restraints and their effect on competition and potential resulting efficiencies.
“The ICN continues to play a critical role in addressing evolving issues and challenges that confront the international competition community,” said FTC Acting Chairman Maureen Ohlhausen. “As exemplified by this year’s work product, led by the FTC, on merger review and procedural due process, there has been substantial progress toward convergence of competition policy around the world.”
Acting Chairman Ohlhausen helped lead the conference’s panel discussion of how competition authorities can communicate the benefits of competition and advocate for pro-competitive policies when the political, social, or economic context is not in their favor. The panel explored how advocacy strategies may differ and recognized that competition advocacy, whatever the context or climate, is a crucial component of a competition agency’s work. Randolph Tritell, Director of the FTC’s Office of International Affairs, led the concluding panel, showcasing the implementation of the ICN’s work across the globe.
The FTC co-chairs the ICN’s Merger Working Group, which promotes convergence toward best practices in merger process and analysis and seeks to reduce the public and private costs of multijurisdictional merger reviews. This year, the Merger Working Group presented revised Recommended Practices on: 1) international enforcement cooperation; 2) timing of notification; and 3) review periods. The working group also presented results of its agency survey on vertical merger analysis and related economic assessment.
The Agency Effectiveness Working Group produced new recommendations on due process in competition law enforcement. The FTC-led project developed Guiding Principles for procedural fairness, recommendations for internal agency practices that support sound decision making, and implementation tips for good agency enforcement process. The group also studied how economic thinking and economic analysis can be incorporated into agencies’ investigations and decision-making processes. The working group introduced new video training modules on merger remedies and enforcement cooperation as part of the ICN’s online interactive educational center for competition authorities from around the world.
The Cartel Working Group addresses the challenges of anti-cartel enforcement, including the prevention, detection, investigation and punishment of cartel conduct. The Cartel Working Group presented an interim report on survey findings regarding major characteristics of leniency regimes, incentives and disincentives for leniency applications and interaction between leniency and other policies.
The Advocacy Working Group provides guidance and facilitates experience-sharing to improve the effectiveness of ICN members’ competition advocacy initiatives. At the conference, the group released its second report as part of the Strategy Project. The report analyzes survey results on how competition agencies assess their advocacy actions and programs, and identifies common practices and trends. This work will inform the development of guidance covering the planning, monitoring, and evaluation of advocacy actions and programs. The working group also expanded the Market Studies Information Store, which now includes over 700 market studies conducted by member agencies, and facilitates knowledge-sharing, collaboration, and best practices in market studies.
Created in October 2001 to increase understanding of competition policy and promote convergence toward sound antitrust enforcement around the world, the ICN, founded by 15 agencies including the Department of Justice’s Antitrust Division and the FTC, has grown to 138 member agencies from 125 jurisdictions, supported by a wide network of non-government advisors from around the world.
Independence Man Charged with Receipt of Child PornographyRead the Press Release
United States Attorney Duane A. Evans announced yesterday that ROY DAVID MELANCON, age 39, of Independence, Louisiana, was charged in a one-count Indictment with receipt of images and videos depicting the sexual exploitation of children, including children as young as approximately six months old.
If convicted, MELANCON faces a mandatory minimum term of imprisonment of five (5) years and a maximum term of imprisonment of twenty (20) years, followed by up to a lifetime of supervised release, and a $250,000 fine. He can also be required to register as a sex offender.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
United States Attorney Evans reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the Louisiana Bureau of Investigation in investigating this matter, with support from the Hammond Police Department, the Tangipahoa Sheriff’s Office, and the Department of Homeland Security-Homeland Security Investigations. The case is being prosecuted by Assistant United States Attorney Jordan Ginsberg.
Grand Island Man, Company Sentenced for Violations of Clean Air Act Involving AsbestosRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Raj Chopra, 54, of Grand Island, NY, who was convicted of accessory after the fact to a false statement under the Clean Air Act, was sentenced by U.S. District Judge Richard J. Arcara to one year probation. Chopra’s company, Comprehensive Employee Management, (CEM), located on Grand Island, was convicted of making a false statement under the Clean Air Act and also sentenced to one year probation. CEM was also ordered to pay a $25,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that CEM, an environmental consulting company located at 1815 Love Road on Grand Island, provided consulting services to co-defendant Sean Doctor and his asbestos abatement company, S.D. Specialty Services, LLC. Pursuant to federal regulations, all owners or operators of an asbestos abatement project regulated under the Clean Air Act, must maintain a waste shipment manifest to include the name of the owner/operator; the name of the generator; and the date the asbestos was transported. The information enables the Environmental Protection Agency, which enforces the Clean Air Act and associated regulations, properly and timely to investigate suspected violations of the Clean Air Act.
From December 2009 to January 2010, employees of S.D. Specialty performed asbestos abatement work at the Roosevelt Park Shelter in Buffalo, which was subject to regulations of the Clean Air Act. During the project, S.D. Specialty employees removed asbestos from the Roosevelt Park Shelter and transported the material to a waste container at CEM on Grand Island.
On March 11, 2010, defendants Doctor and CEM executed an asbestos waste manifest which falsely indicated that asbestos had been transported to CEM from the Roosevelt Park Shelter on that date. In truth and in fact, such asbestos had been transported to, and stored at, the Grand Island location prior to March 11, 2010. As such false statement was included in the shipping manifest created when a local waste disposal company retrieved the waste container at CEM on March 11, 2010, such false statement became part of a record required to be maintained under the Clean Air Act.
In addition, on April 28, 2011, an inspection of the Roosevelt Park Shelter revealed asbestos was improperly left behind by employees of S.D. Specialty.
Sean Doctor was previously convicted and sentenced to one year probation and fined $2,000.
Today’s sentencings are the result of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Special Agent-In-Charge Tyler Amon; and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain John Burke. Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau.
Gowanda Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shane Aurand, 21, of Gowanda, NY, pleaded guilty to distribution of child pornography, before U.S. District Judge Lawrence J. Vilardo. The charge carries a minimum sentence of five years in prison, a maximum sentence of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that in March 2017, the defendant started communicating with an undercover law enforcement agent on the messaging application Kik. Aurand shared sexually explicit pictures of a seven year old child that he produced while babysitting the child at his residence. The defendant also offered to send the undercover agent pictures of other children if he received child pornography in return.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.
Sentencing is scheduled for June 26, 2018, at 9:30 a.m. before Judge Vilardo.
Gardner Man Pleads Guilty to Firearm and Drug OffensesRead the Press Release
BOSTON – A Gardner man pleaded guilty yesterday in federal court in Worcester to illegally possessing ammunition and to distributing fentanyl.
Travis Miller, 30, pleaded guilty to one count of being a felon in possession of ammunition and one count of distribution of fentanyl. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for June 27, 2018. In November 2017, Miller and another individual, Edwin Labaw, were arrested after being charged in a criminal complaint.
According to court documents, Miller met with an undercover federal agent on Sept. 19, 2017, in Gardner, and the agent purchased a double-barrel 12-gauge shotgun, a 9mm Kel-Tech Sub 2000 rifle, and 11 rounds of 12-gauge shotgun ammunition in exchange for $1,200. Miller again met with an undercover agent on Sept. 27, 2017, in Fitchburg, and the agent purchased a 7.62x39mm caliber SKS rifle, along with ammunition and magazines, in exchange for $1,800. Miller engaged in communications with the undercover agent and a cooperating source regarding other firearms, including a sniper rifle and the potential assembly of a fully automatic AR-style rifle.
Subsequently, Miller sent text messages to the undercover agent offering to sell fentanyl patches and OxyContin pills. On Nov. 3, 2017, Miller met with the agent in Worcester and sold him a .38 caliber revolver with an obliterated serial number, .38 caliber ammunition, 39 fentanyl patches, and 65 OxyContin pills.
According to court documents, Miller has prior felony convictions and is therefore prohibited from possessing firearms and ammunition.
Labaw pleaded guilty on March 5, 2018, to being a felon in possession of a firearm and is scheduled to be sentenced on July 9, 2018.
For the ammunition charge, Miller faces a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. The charge of fentanyl distribution provides for a sentence of no greater than 20 years in prison, a lifetime of supervised release, and a fine of $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement. This case was investigated with assistance from the Worcester Police Department, Gardner Police Department, Fitchburg Police Department, and Massachusetts State Police. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office is prosecuting the case.
Four Defendants Convicted and Sentenced for Role in Broward County Narcotics RingRead the Press Release
The last of four defendants was sentenced on March 13, 2018 for his role in a narcotics ring, operating out of Broward County, involving the powerful opioid fentanyl, as well as cocaine, oxycodone, methamphetamine, and amphetamine.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Adolphus P. Wright, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Miami Field Division, and Amos Rojas, Jr., U.S. Marshals, U.S. Marshals Service (USMS), made the announcement.
According to court records, Justin Devon Hampton, 41, Ricky Jermaine Brinson, 44, Kenneth Alonzo Taylor, 44, of Broward County, and Ernesto Garcia-Hernandez, 52, of Miami-Dade County, conspired to possess with intent to distribute 500 grams or more of cocaine, between January 2017 and June 2017; and defendant Hampton further conspired to possess with intent to distribute fentanyl, oxycodone, methamphetamine, and amphetamine, and maintained a drug-involved residence within 1,000 feet of a playground in Miramar, Florida.
Over the course of the DEA’s investigation, law enforcement conducted surveillance of Hampton’s residence and determined that multiple previously convicted narcotics traffickers, including Garcia-Hernandez, repeatedly visited the home between January and June 2017. Law enforcement obtained a search warrant for Hampton’s residence, which agents planned to execute on June 26, 2017. That evening, as agents conducted surveillance, they observed Taylor and Brinson arrive at the home, followed by Garcia-Hernandez. Taylor, Garcia-Herandez and Hampton then engaged in a narcotics transaction in the driveway. Agents later recovered one kilogram of cocaine from the Brinson and Taylor’s vehicle, as well as over $50,000 in drug proceeds, and distribution quantities of fentanyl, oxycodone, methamphetamine, and amphetamine from Hampton’s residence. Hampton fled to Atlanta, Georgia, where he was later apprehended with the assistance of the U.S. Marshals, in October 2017.
The defendants all pled guilty in late 2017. United States District Judge William P. Dimitrouleas sentenced Hampton to 235 months’ imprisonment, Garcia-Hernandez to 144 months’ imprisonment, Brinson to 60 months,’ and Taylor to 18 months’ imprisonment, for their role in the scheme.
This investigation and prosecution was carried out by members of the South Florida High Intensity Drug Trafficking Area (HIDTA) Task Force. The South Florida HIDTA, established in 1990, is made up of federal, state and local law enforcement agencies who, cooperatively, target the region’s drug-trafficking and money laundering organizations. The South Florida HIDTA is funded by the Office of National Drug Control Policy which sponsors a variety of initiatives focused on the nation’s illicit drug trafficking threats.
This prosecution is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate, and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
Mr. Greenberg commended the investigative efforts of the DEA and USMS. This case was prosecuted by Assistant U.S. Attorney Jonathan K. Osborne.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov
Former Resident of John DeShields in East St. Louis, Illinois Sentenced to 60 Months Incarceration for Possessing Three Shell CasingsRead the Press Release
Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today that on March 23, 2018, William J. Stepney, 29, a former resident of East St. Louis, Illinois, was sentenced to 60 months incarceration to be followed by three years of supervised release, for being a felon in possession of ammunition.
On January 10, 2017, video surveillance recorded that multiple gunshots were fired from a red Dodge Charger driven by Stepney. Illinois State Police responded to the shooting and recovered multiple spent casings at the intersection of 11th and Bond Avenues in East St. Louis, Illinois. Three additional casings were recovered from the vehicle Stepney drove. Stepney later admitted that, while at the corner of 11th and Bond on January 10, 2017, he had possessed and fired a 9mm handgun at another vehicle. Prior to January 10, 2017, Stepney had been convicted of the felony charge of unlawful possession of a firearm by a felon.
The investigation was conducted by the Illinois State Police with assistance from the Bureau of Alcohol, Tobacco, and Firearms.
Former CEO of Israeli Sales and Marketing Company Charged for Role in Fraudulent Binary Options SchemeRead the Press Release
The former CEO of the Israel-based company Yukom Communications, a purported sales and marketing company, was charged in an indictment filed on March 22, for her alleged participation in a scheme to defraud investors in the United States and across the world in financial instruments known as “binary options.”
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and Assistant Director in Charge Andrew W. Vale of the FBI’s Washington Field Office made the announcement.
Lee Elbaz, 36, of Israel, was charged in the District of Maryland with one count of conspiracy to commit wire fraud and three counts of wire fraud.
The indictment alleges that Yukom provided investor “retention” services for two websites, known as BinaryBook and BigOption, that were used to promote and market purported binary options, and that those binary options were fraudulently sold and marketed. The indictment further alleges that in her role as CEO of Yukom, Elbaz, along with her co-conspirators and subordinates, misled investors using BinaryBook and BigOption by falsely claiming to represent the interests of investors but that, in fact, the owners of BinaryBook and BigOption profited when investors lost money; by misrepresenting the suitability of and expected return on investments through BinaryBook and BigOption; by providing investors with false names and qualifications and falsely claiming to be working from London; and by misrepresenting whether and how investors could withdraw funds from their accounts. Representatives of BinaryBook and BigOption, working under Elbaz’s supervision, misrepresented the terms of so-called “bonuses,” “risk free trades” and “insured trades,” and deceptively used these supposed benefits in a manner that in fact harmed investors, according to the indictment.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the FBI’s Washington Field Office. Trial Attorneys Ankush Khardori and Tracee Plowell of the Criminal Division’s Fraud Section are prosecuting the case.
The Criminal Division’s Fraud Section plays a pivotal role in the Department of Justice’s fight against white collar crime around the country.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
Former CEO and VP of Finance for a Virginia-Based Software Company Plead Guilty to Employment Tax FraudRead the Press Release
Two former executives at a Virginia-based software company pleaded guilty today to conspiring to defraud the government by failing to pay over employment taxes to the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and Acting U.S. Attorney Tracy Doherty-McCormick for the Eastern District of Virginia.
According to documents and information provided to the court, Robert Lewis was the Chief Executive Officer and Kristie Lynn McDonald was the Vice President of Finance and Administration of a software company in Sterling, Virginia. From January 2011 to February 2013, Lewis and McDonald conspired to defraud the United States by failing to pay over to the IRS more than $1.8 million in payroll taxes withheld from employee paychecks.
As part of their scheme, Lewis and McDonald admitted that they circumvented the company’s normal payroll and accounting procedures by paying some employees with manual checks. The employees still received their correct salary, but by bypassing the accounting system, Lewis and McDonald were able to hide the fact that the withholdings were not being paid over to the IRS. Lewis and McDonald admitted that the practical effect of their scheme was to conceal the company’s failing financial condition from its Board of Directors. Lewis and McDonald also admitted that they caused the company to file false quarterly employment tax returns with the IRS underreporting the amount of tax due.
Lewis and McDonald further admitted that, during this same period, they intentionally failed to remit the full amount of employee retirement contributions to the company’s retirement plan. Through their actions, the company failed to transfer and credit nearly $225,000 in voluntary employee retirement withholdings.
Lewis and McDonald admitted that they used the misappropriated money to pay the operating expenses of the company, which included their own six figure salaries and salary raises for other employees.
U.S. District Judge T.S. Ellis III scheduled sentencing for Lewis on June 29 and for McDonald on June 22. Lewis and McDonald each face a statutory maximum sentence of five years in prison, as well as a period of supervised release and monetary penalties. They further agreed to restitution in the amount of $1,812,706.
Principal Deputy Assistant Attorney General Zuckerman and Acting U.S. Attorney Doherty-McCormick thanked agents of IRS Criminal Investigation and the Department of Labor, who conducted the investigation, and Tax Division Trial Attorneys Kevin Schneider and Charles M. Edgar, Jr., and Assistant U.S. Attorney Ryan Faulconer, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Final Defendant Pleads Guilty in $2 Million Conspiracy to Defraud the United StatesRead the Press Release
DENVER – Jaquon H. Mucsarney, age 36, of Aurora, Colorado pled guilty on March 21, 2018, to conspiracy to defraud the United States and aggravated identity theft, announced United States Attorney Bob Troyer, IRS – Criminal Investigation Special Agent in Charge Steven Osborne and Social Security Administration Office of Inspector General Special Agent in Charge Wilbert M. Craig. Jaquon H. Mucsarney, with co-conspirators Schosche Mucsarney (Schosche) and Sherry Charleston (Charleston), were indicted by a Federal Grand Jury in Denver on January 7, 2016.
According to information contained in the indictment and plea agreement, between January 1, 2011 and January 1, 2016, Jaquon Mucsarney devised a scheme to defraud the Internal Revenue Service by filing tax returns with false information in order to obtain fraudulent tax refunds. At various times, Mucsarney received assistance from Schosche and Charleston. As leader of this scheme, Mucsarney created approximately 50 fictitious businesses, which only existed on paper and had little or no legitimate business activity. Mucsarney typically filed U.S. Corporation Income Tax Returns (Forms 1120) on behalf of the companies, which contained false information relating to income, deductions, overpayments, and refunds due. Over the course of the scheme, Mucsarney, with the assistance of others, submitted approximately 100 fraudulent income tax returns to the IRS, which claimed refunds totaling $2,168,277. Of the amount requested, the IRS ultimately paid out approximately $327,970.
Jaquon Mucsarney is scheduled to be sentenced by United States District Court Chief Judge Marcia S. Kreiger on June 5, 2018. Both Schosche Mucsarney and Sherry Charleston were sentenced previously. The case is captioned United States of America v. Jaquon Mucsarney et al., Case No. 16-cr-0008-MSK.
This case was investigated by the Internal Revenue Service – Criminal Investigation and the Social Security Administration, Office of Inspector General. This case is being prosecuted by Assistant U.S. Attorney Tim Neff.
####
Visit our website http://www.justice.gov/usao/co | Follow us on Twitter @DCoNews
Federal Jury Finds Tax Preparer Guilty on Preparing Fraudulent Tax ReturnsRead the Press Release
St. Louis, MO – After a four-day trial, a federal jury returned two verdicts for the United States finding that Asmerom “Ace” Keleta conspired to defraud the United States through tax fraud and prepared fraudulent tax returns.
According to court documents, Keleta, 32, of St. Louis, operated University City Tax Service starting in 2012. He conspired with employees Miyoshi Lewis and Teklom Paulos to prepare fraudulent tax returns for clients. He directed the employees to fraudulently inflate client tax refunds by listing false American Opportunity educational tax credits and federal fuel tax credits as well as creating false Schedule C income in order to fraudulently maximize the Earned Income Credit. The jury found that he also prepared false tax returns for clients.
“Dishonest return preparers use a variety of methods to cheat the government, including falsifying information on tax returns to generate larger refunds for their clients,” said Andrew Thornton, Acting Special Agent in Charge of IRS Criminal Investigation. “Return preparer fraud is like a contagious disease, it affects the preparer, but also the individuals who filed false information with the Internal Revenue Service.”
The case was investigated by the Internal Revenue Service – Criminal Investigations. This case was handled by Assistant United States Attorneys Dianna Collins and Carrie Costantin.
Federal Grand Jury Indicts Hutchins Man and Woman for Their Roles in the Murder of an U.S. Postal Service EmployeeRead the Press Release
DALLAS — A federal grand jury in Dallas returned a three-count indictment this week charging Donnie Arlondo Ferrell, 25, and Bei-jing Tashawna Walker, aka “Channelle Walker,” 24, both of Hutchins, Texas, with felony offenses related to the February 19, 2018 murder of a United States Postal Service employee. The announcement was made today by U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
Last month, Ferrell was charged in a related criminal complaint. The indictment charges Ferrell with one count of murder of an officer or employee of the United States and one count of using, carrying, brandishing, and discharging a firearm during and in relation to a crime of violence. Walker is charged with one count of accessory after the fact. Both defendants will remain in custody pending further court hearings.
According to the indictment filed in the case, on February 19, 2018, Ferrell shot and killed an United States Postal Employee while the employee was on duty. Walker assisted Ferrell after the shooting to prevent Ferrell from being apprehended.
A federal indictment is an accusation by a grand jury. A defendant is entitled to the presumption of innocence unless proven guilty. If convicted, however, the defendants’ sentences will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense and the characteristics of the violation
The Dallas Police Department and United States Postal Inspection Service, with assistance from the Federal Bureau of Investigation investigated the case. Assistant U.S. Attorneys P.J. Meitl, John Kull and Brian Portugal are prosecuting.
# # #
FBI Fugitive Makes Initial Court Appearance for 2003 Indictment for Wire and Bank FraudRead the Press Release
NEWARK, N.J. – A fugitive wanted by the FBI for nearly 15 years was arrested this morning and appeared in court for his role in orchestrating a wire fraud and bank fraud scheme, U.S. Attorney Craig Carpenito announced.
In July 2003, Steven Nacim, 49, a/k/a “Fouad,” a Moroccan national, was indicted by a federal grand jury sitting in Newark for conspiring to commit wire fraud and bank fraud, and for substantive counts of wire fraud and bank fraud. Nacim returned to the United States from Morocco earlier this week and was taken into custody today in Newark. He appeared before U.S. Magistrate Judge Cathy L. Waldor and was placed under house arrest with GPS location monitoring.
According to the indictment and statements made in court:
In March and April of 2002, Nacim and others owned and operated a business known as Computer 3000, based in East Rutherford, New Jersey, and Casablanca, Morocco. Nacim and his conspirators executed a fraudulent check scheme involving the negotiation of a fraudulent check drawn on insufficient funds, and the wire transfer of the proceeds through multiple accounts controlled by the conspirators. Through Computer 3000, they purchased computers and related merchandise using company checks drawn on insufficient funds, and then shipped the merchandise to Morocco. Nacim’s two co-defendants remain fugitives.
The conspiracy charge carries a maximum sentence of five years in prison. The wire fraud charges each carry a maximum sentence of 20 years in prison and the bank fraud charge carries a maximum sentence of 30 years in prison and a $1 million fine. The defendant also faces a maximum fine of $250,000 or twice his gain, or twice the loss sustained by the victims of the offense, for the conspiracy and wire fraud charges.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Acting Special Agent in Charge Bradley W. Cohen, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Shirley U. Emehelu, Chief of the Asset Recovery Money Laundering Unit, in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Joseph B. Shumofsky Esq., Newark
District Man Pleads Guilty to Sexually Abusing, Threatening 12-Year-Old GirlRead the Press Release
WASHINGTON – Tauheed Wheeler, 36, of Washington, D.C., pled guilty today to charges of misdemeanor child sexual abuse and felony threats stemming from an incident in which he tried to entice a young girl into the back seat of his car, and then threatened to beat her if she told anyone what happened, announced U.S. Attorney Jessie K. Liu.
Wheeler pled guilty in the Superior Court of the District of Columbia. The Honorable Ronna L. Beck scheduled sentencing for June 8, 2018. Wheeler faces a statutory maximum prison term of 20 ½ years. Once released from prison, he will be required to register as a sex offender for a 10-year period and will be on supervised released for up to 10 years.
According to the government’s evidence, on Dec. 10, 2016, the victim was 12 years old. Wheeler was a friend of the girl’s mother at the time, and he offered to drive the victim to a relative’s home. The relative was not home, and Wheeler drove the girl into an alley in Southeast Washington, where he parked near some trees. Wheeler got into the back seat of the car and, while touching his genitalia, asked the girl to get into the back seat with him so that he could engage in sexual contact with her. The girl refused. Wheeler kept encouraging the girl to get into the back seat with him, but she continued resisting. Eventually, Wheeler gave up but told that victim that if she told anyone about what he had tried to do, he would beat her. Afraid, the victim did not initially tell her mother. However, in June of 2017, she finally told her mother about what Wheeler had done. Her mother immediately called the police. Wheeler was arrested and indicted in January 2018 and has been in custody ever since.
In announcing the plea, U.S. Attorney Liu commended members of the Youth and Family Services Division of the Metropolitan Police Department (MPD). She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Brenda C. Williams and Victim/Witness Advocate Tracey Hawkins. Finally, she commended the work of Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted this case.
Department of Justice Announces Second Annual Attorney General’s Award for Distinguished Service in PolicingRead the Press Release
Attorney General Jeff Sessions today announced the Second Annual Attorney General’s Award for Distinguished Service in Policing.
The Attorney General’s Award recognizes individual state, local or tribal sworn, rank- and-file police officers and deputies for exceptional efforts in community policing. The awarded officer(s) or deputy(ies) will have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations or innovations in policing.
“President Trump and I support law enforcement at all levels – and we always will. We know whose side we are on. We are on the side of law-and-order. This means we are on the side of the approximately 85 percent of all law enforcement officers that serve at the state, local, and tribal level,” said Attorney General Sessions. “These men and women serve and protect us from violent crime, dangerous opioids, and criminal gangs. The Department of Justice is committed to supporting the law enforcement community that keeps this great nation safe and makes it even safer. Today we honor our law enforcement officers by announcing the second annual Attorney General’s Award for Distinguished Service in Policing.”
Within each category, an award will be given to law enforcement agencies serving small, medium, and large jurisdictions:- Small: Agencies serving populations of fewer than 50,000
- Medium: Agencies serving populations 50,000 to 250,000
- Large: Agencies serving populations of more than 250,000
By distinguishing and rewarding these efforts, the Department strives to promote and sustain its national commitment to policing and to advance proactive policing practices that are fair and effective.
With the Attorney General’s Award for Distinguished Service in Policing, the Office of the Attorney General recognizes that within and across the nation’s more than 18,000 law enforcement agencies, individual officers, and deputies are working hard to keep our communities safe.
The application for nominees can be found at https://www.justice.gov/ag/policing-award.Daniel Justin Mahan Indicted for Violation of the Federal Gun Control ActRead the Press Release
DANIEL JUSTIN MAHAN, age 42, a resident of Ponchatoula, Louisiana, was charged yesterday in a two-count indictment by a Federal Grand Jury for violation of the Federal Gun Control Act, announced U.S. Attorney Duane A. Evans.
According to previously filed court documents, MAHAN was arrested on March 15, 2018, by Special Agents of the Federal Bureau of Investigation (FBI) subsequent to the execution of a search warrant at his home. MAHAN was found to be in possession twenty-four (24) weapons and over 26,000 rounds of ammunition. MAHAN a prior felony conviction for bank robbery which prohibits him from possessing firearms and ammunition.
If convicted, MAHAN faces a ten year term of imprisonment, to be followed by a three year term of supervised release, and a fine of up to $250,000.
U. S. Attorney Duane A. Evans reiterated that the indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case was investigated by the Federal Bureau of Investigation. The prosecution is being handled by Assistant United States Attorney Tracey N. Knight.
Dallas Man Sentenced for Committing Several Bank RobberiesRead the Press Release
DALLAS — Timothy Thomas, 40, of Dallas, Texas, was sentenced this morning by U.S. District Judge Sidney A. Fitzwater to serve a total of 174 months in federal prison and ordered to pay $17,534.00 in restitution, following his guilty plea in October 2017 to five counts of bank robbery, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
According to court documents filed in the case, Thomas, who was previously convicted for a bank robbery in Chicago, Illinois and on supervised release for that offense, committed the following bank robberies in the Dallas, Texas area:
February 13, 2017 Chase Bank 2655 Arapaho Rd., Garland
January 17, 2017 Chase Bank 11770 Marsh Ln., Dallas
December 22, 2016 Chase Bank 11611 Preston Rd., Dallas
December 13, 2016 Chase Bank 2655 Arapaho Rd., Garland
December 9, 2016 Chase Bank 12875 Josey Ln., Farmers Branch
December 3, 2016 BBVA Compass Bank 2307 West Illinois Ave., Dallas
November 21, 2016 BBVA Compass Bank 2307 West Illinois Ave., Dallas
November 10, 2016 Chase Bank 11770 Marsh Ln., Dallas
October 27, 2016 Wells Fargo Bank 13050 Coit Rd., Dallas
October 13, 2016 Bank of America 5610 Broadway Blvd., Garland
October 7, 2016 BBVA Compass Bank 2307 West Illinois Ave., Dallas
October 4, 2016 Chase Bank 12900 Coit Rd., Dallas
All of these robberies were committed in essentially the same manner—upon entering the bank, Thomas would approach the teller and present a note stating that he had a gun, request a specific amount of money, and threaten harm if the police were called.
Judge Fitzwater ordered that Thomas serve 150 months for the five counts he pleaded guilty to in this case and 24 months for the supervised release violation, which will run consecutive to the 150-month sentence.
The Federal Bureau of Investigation, with the assistance of the Dallas Police Department, Garland Police Department, and Farmers Branch Police Department, investigated the case. Assistant U.S. Attorney Keith Robinson prosecuted.
# # #
Currituck County Man Sentenced for Meth ProductionRead the Press Release
RALEIGH – Robert J. Higdon, Jr. United States Attorney for the Eastern District of North Carolina, announced that in federal court, JOHN EDWARD MUTH, Jr., from Currituck County, North Carolina, was found guilty of one count of Conspiracy to Manufacture, Distribute, Dispense, and Possess With Intent to Distribute a Quantity of Methamphetamine from October 2016 to January 2017. Today, Senior United States District Judge W. Earl Britt, III sentenced MUTH to 48 months imprisonment in the Federal Bureau of Prisons followed by 3 years of supervised release.
In October 2016, a Currituck County Sheriff’s Office (CCSO) detective received information from a confidential informant (CI), that they had observed the manufacturing of methamphetamine (meth) taking place at a residence on Rattle Ridge Lane in Maple, North Carolina. The occupants of the residence were identified as JOHN EDWARD MUTH, JR., and codefendant Brook Anne White. White is awaiting sentencing scheduled for June 4, 2018.
Investigation by the CCSO determined that MUTH had visited numerous pharmacies in Northeast North Carolina and Southern Virginia in an effort to acquire pseudoephedrine. A search of the residence found components used to make methamphetamine and equipment to distribute these substances.
Manufacturing methamphetamine requires pseudoephedrine, found in over-the-counter cold medicine, as well as other commonly found ingredients. Information obtained from the National Precursor Log Exchange (NPLEx), which monitors the purchase of pseudoephedrine, revealed that between September 2015 and December 2016, MUTH made 26 purchases of pseudoephedrine (149.76 grams of pseudoephedrine). Notably, MUTH was released from prison in August 2015. The investigation also determined that others would obtain pseudoephedrine and would give it to MUTH for the purposes of making methamphetamine.
The manufacturing of methamphetamine is a serious crime that brings violence and addiction to our communities. The Federal and North Carolina law enforcement partnership is committed to aggressively prosecuting the criminals who make and deal this dangerous drug.
The case was investigated by the Currituck County Sheriff’s Office and the North Carolina State Bureau of Investigation. The federal prosecution was handled by Assistant United States Attorney Edward D. Gray.
Cuban National Sentenced to 14 Months in Federal Prison for Possession of Fraudulent Immigration DocumentsRead the Press Release
United States Attorney Brandon J. Fremin announced today that Chief United States District Judge Brian A. Jackson sentenced BARBARO PAEZ-PEREZ, age 48, to fourteen (14) months in federal prison and two years of supervised release following his conviction for possession of fraudulent immigration documents in violation of Title 18, United States Code, Section 1546(a).
PAEZ-PEREZ’s prosecution arose from an undercover operation conducted by the Baton Rouge Office of the United States Department of Homeland Security—Homeland Security Investigations. Acting on a tip that a box of fraudulent green cards and social security cards was to be delivered to an apartment in Denham Springs, Homeland Security agents arranged a controlled delivery of the package. Before the package could be delivered, the defendant left the apartment and was apprehended. In his possession was a fraudulent I-551 Lawful Permanent Resident Identification Card, also known as a “green card.”
In imposing the sentence, Chief Judge Jackson recited PAEZ-PEREZ’S significant criminal history that includes convictions for burglary, possession of cocaine, DUI, aggravated assault with a firearm, and criminal damage to property. PAEZ-PEREZ, a citizen of Cuba, will also be subject to immigration proceedings after his release from federal incarceration.
United States Attorney Brandon Fremin stated, “I commend the excellent work of the local Homeland Security agents and the prosecutor. This defendant is the third successful prosecution from this operation. Enforcement of our nation’s immigration laws is an important priority of my office and we will continue to work with our federal, state and local law enforcement partners to keep our neighborhoods and communities safe and secure.”
The matter is being handled by the United States Attorney’s Office for the Middle District of Louisiana and the Baton Rouge Office of the U.S. Department of Homeland Security—Homeland Security Investigations. The three prosecutions have been handled by Assistant United States Attorney Lyman E. Thornton III.
Citizen of Dominican Republic Sentenced to Three Years in Prison for Heroin TraffickingRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced that Santo Rodolfo Garcia Mendez, 33, a citizen of the Dominican Republic residing in Lawrence, Massachusetts was sentenced on Thursday to serve three years in federal prison for participating in a heroin trafficking conspiracy.
Documents filed with the court established that Garcia Mendez participated in a Lawrence-based drug trafficking organization (DTO) between April 2016 and September 2016 during which time he delivered drugs to runners who were distributing the drugs to customers of the DTO.
Garcia Mendez pleaded guilty to conspiracy to distribute, and to possess with the intent to distribute, heroin on November 1, 2017. After completing his sentence, he faces likely deportation to the Dominican Republic.
“The law enforcement community in New Hampshire is working together each day to stop the deadly flow of heroin and other drugs into the Granite State,” said U.S. Attorney Murray. “Those who seek to profit from the selling these deadly drugs in our state will be prosecuted aggressively.”
“Those suffering from the disease of opioid addiction need access to treatment and recovery,” said DEA Special Agent in Charge Michael J. Ferguson. “But, those responsible for distributing lethal drugs like heroin to the citizens of New Hampshire need to be held accountable for their actions. DEA and its local, state and federal partners are committed to bringing to justice those that distribute this poison.”
The investigation and prosecution of this defendant were part of a DEA effort to address heroin distribution in New Hampshire. In addition to the prosecution of Garcia Mendez, Alberto Guerrero Marte, 38, was sentenced to 15 years, Toribio Guerrero Marte, 34, was sentenced to 10 years, Jose De La Altagracia Pimentel Lara, 26, was sentenced to 63 months, Allan Raymond Pimentel, 22, was sentenced to 57 months, Wilkin Andres Beltre Arias, 39, was sentenced to 54 months, Maria Miguelina Lara, 33, was sentenced to 36 months, Allison DeJesus, 19, was sentenced to five years of probation, and Jonaly DeJesus, 22, was sentenced to time served and five years of supervised release. In a related case, Mark Gagnon, 54, of Candia, was sentenced to 48 months. Michell DeJesus, 34, is awaiting sentencing.
This matter was investigated by the DEA; Homeland Security Investigations; the Massachusetts State Police; the Haverhill Police Department; the United States Marshals Service; the New Hampshire State Police; the Manchester Police Department; the Lawrence Police Department; the Lowell Police Department, the Methuen Police Department, and the Hillsborough County Drug Task Force.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The case is being prosecuted by Assistant U.S. Attorney Donald A. Feith.
###
Chief of Staff for Former Federal Congressman Convicted for Obstructing Congressional InvestigationRead the Press Release
The chief of staff for a former member of the U.S. House of Representatives has been convicted for obstructing a congressional investigation into the alleged misappropriation of Congressional funds to pay for campaign activity, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division.
David G. Bowser, 45, of Arlington, Virginia, was convicted of one count of obstruction of proceedings, one count of concealment of material facts and three counts of making false statements. A sentencing date has not been set.
“David Bowser abused his position as a chief of staff on Capitol Hill to fund political campaigns with taxpayer funds, and then lied to cover up his crimes,” said Acting Assistant Attorney General Cronan. “The Criminal Division is committed to preserving the public’s confidence in our government by investigating and prosecuting corrupt public officials. I commend the career prosecutors in the Public Integrity Section, as well as the dedicated agents of the FBI, for their exemplary work on this case.”
Bowser was indicted in April 2016. From 2008 until January 2015, Bowser served as the chief of staff for a then-U.S. congressman and worked on behalf of and served as a decision maker for the congressman’s political campaigns. In or about June 2012, Bowser, on behalf of the congressman’s office, hired Brett O’Donnell, a communications consultant, to assist the congressman with his messaging. Immediately upon joining the congressman’s office, O’Donnell assisted the congressman with his reelection campaign for the House of Representatives in 2012, at Bowser’s direction. From January 2013 until his termination from the congressman’s office in March 2014, O’Donnell also provided substantial services to the congressman’s Senate campaign at Bowser’s direction, including preparing for political debates, drafting and practicing campaign speeches and advising on campaign messaging, among other services. Bowser caused the congressman’s office to pay O’Donnell approximately $43,750 in congressional, taxpayer funds. Such funds must be used for official, congressional purposes, and cannot be used in furtherance of a congressman’s political campaign or to pay for any campaign-related expenses.
Bowser was convicted for obstructing a congressional ethics investigation into the payments to O’Donnell. In March 2014, the Office of Congressional Ethics (OCE), a non-partisan office established in the House of Representatives to investigate allegations of misconduct, began to investigate allegations that O’Donnell was being paid with congressional funds for performing campaign-related services. During the course of OCE’s investigation, Bowser attempted to obstruct the investigation by, among other things, delaying and failing to produce relevant documents; influencing the testimony of witnesses; and falsely stating that O’Donnell was solely hired to provide official services.
On Sept. 3, 2015, O’Donnell pleaded guilty in the Middle District of Georgia to one count of making false statements in connection to this case. During O’Donnell’s interview with OCE, in which he discussed the work that he performed for Bowser and the congressman, he made several false statements in an effort to minimize and conceal his role with the campaigns.
The FBI is investigating the case. Trial Attorneys Todd Gee and Sean F. Mulryne of the Criminal Division’s Public Integrity Section are prosecuting the case.
California Man Sentenced to 27 Months in Prison for the Sale of Black Rhinoceros HornsRead the Press Release
Edward N. Levine, 67, a resident of Novato, California, was sentenced today to 27 months in prison and followed by three years of supervised release for the sale of two black rhinoceros horns in Las Vegas. Levine will also be prohibited from wildlife and antique sales as a result of today’s sentencing.
A jury convicted Levine on September 14, 2017, of conspiracy to violate the Lacey and Endangered Species Acts and a substantive violation of the Lacey Act for knowingly selling the horns to an undercover agent from the United States Fish and Wildlife Service (USFWS). His co-defendant, Lumsden Quan, had previously pleaded guilty to the indictment and was sentenced in December 2015 to 367 days of imprisonment and a $10,000 fine.
The sentence was announced by Assistant Attorney General Jeffrey H. Wood for the Environment and Natural Resources Division of the Department of Justice, U.S. Attorney Dayle Elieson for the District of Nevada, and Acting Chief of Law Enforcement Edward Grace for USFWS.
The Honorable Chief Judge Gloria M. Navarro in U.S. district court in Las Vegas sentenced Levine for his role in the conspiracy, which involved negotiating the sale and transporting the horns from California to Nevada in March 2014. Levine and Quan ultimately sold the horns to an undercover agent posing as a taxidermist for $55,000 in a Las Vegas casino hotel room. Levine had faced a maximum of five years imprisonment for violating the Lacey Act.
“Complex international investigations such as Operation Crash have demonstrated the link between wildlife trafficking and criminal organizations also involved in other serious transnational organized crimes including trafficking of illegal firearms and drugs,” said Acting Chief of Law Enforcement Edward Grace for the U.S. Fish and Wildlife Service. “Mr. Levine not only illegally bought and sold horns from critically endangered black rhinos; he was previously convicted and served time for his role in drug trafficking with South American drug cartel.”
Levine was identified as part of “Operation Crash” – a nationwide effort led by the USFWS and the Justice Department to investigate and prosecute those involved in the black market trade of rhinoceros horns. A “crash” is the term for a herd of rhinoceros. Operation Crash is an ongoing effort to detect, deter, and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns. As of October 2017, Operation Crash has resulted in the prosecution and sentencing of nearly 50 subjects and recovery of approximately $7.8 million through fines, forfeiture, and restitution. Levine was the only Operation Crash target to proceed to trial.
The black rhinoceros is an herbivore species native to Africa of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under U.S. and international laws, including the Endangered Species Act. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 183 countries around the world to protect fish, wildlife, and plants that are or may become imperiled due to the demands of international markets.
The investigation was handled by the USFWS’s Office of Law Enforcement, the U.S. Attorney’s Office for the District of Nevada, and the Justice Department’s Environmental Crimes Section. The government is represented by Trial Attorney Ryan Connors, Assistant U.S. Attorney Kathryn Newman, and paralegals Christopher Kopf and Amanda Backer.
California Man Sentenced to 27 Months in Prison for the Sale of Black Rhinoceros HornsRead the Press Release
LAS VEGAS, Nev. – Edward N. Levine, 67, a resident of Novato, California, was sentenced today to 27 months in prison and followed by three years of supervised release for the sale of two black rhinoceros horns in Las Vegas. Levine will also be prohibited from wildlife and antique sales as a result of today’s sentencing.
A jury convicted Levine on September 14, 2017, of conspiracy to violate the Lacey and Endangered Species Acts and a substantive violation of the Lacey Act for knowingly selling the horns to an undercover agent from the United States Fish and Wildlife Service (USFWS). His co-defendant, Lumsden Quan, had previously pleaded guilty to the indictment and was sentenced in December 2015 to 367 days of imprisonment and a $10,000 fine.
The sentence was announced by Assistant Attorney General Jeffrey H. Wood for the Environment and Natural Resources Division of the Department of Justice, U.S. Attorney Dayle Elieson for the District of Nevada, and Acting Chief of Law Enforcement Edward Grace for USFWS.
The Honorable Chief Judge Gloria M. Navarro in U.S. district court in Las Vegas sentenced Levine for his role in the conspiracy, which involved negotiating the sale and transporting the horns from California to Nevada in March 2014. Levine and Quan ultimately sold the horns to an undercover agent posing as a taxidermist for $55,000 in a Las Vegas casino hotel room. Levine had faced a maximum of five years imprisonment for violating the Lacey Act.
“Complex international investigations such as Operation Crash have demonstrated the link between wildlife trafficking and criminal organizations also involved in other serious transnational organized crimes including trafficking of illegal firearms and drugs,” said Acting Chief of Law Enforcement Edward Grace for the U.S. Fish and Wildlife Service. “Mr. Levine not only illegally bought and sold horns from critically endangered black rhinos; he was previously convicted and served time for his role in drug trafficking with South American drug cartel.”
Levine was identified as part of “Operation Crash” – a nationwide effort led by the USFWS and the Justice Department to investigate and prosecute those involved in the black market trade of rhinoceros horns. A “crash” is the term for a herd of rhinoceros. Operation Crash is an ongoing effort to detect, deter, and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns. As of October 2017, Operation Crash has resulted in the prosecution and sentencing of nearly 50 subjects and recovery of approximately $7.8 million through fines, forfeiture, and restitution. Levine was the only Operation Crash target to proceed to trial.
The black rhinoceros is an herbivore species native to Africa of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under U.S. and international laws, including the Endangered Species Act. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 183 countries around the world to protect fish, wildlife, and plants that are or may become imperiled due to the demands of international markets.
The investigation was handled by the USFWS’s Office of Law Enforcement, the U.S. Attorney’s Office for the District of Nevada, and the Justice Department’s Environmental Crimes Section. The government was represented by Trial Attorney Ryan Connors and Assistant U.S. Attorney Kathryn Newman.
###
Buffalo Man Sentenced for Heroin Possession and DistributionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Adalberto Cruz, 28, of Puerto Rico, who was convicted of possession with intent to distribute and distribution of heroin, was sentenced to 12 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on February 25, 2015, Cruz distributed heroin on the West Side of Buffalo. The investigation utilized undercover purchases conducted by the New York State Police Community Narcotics Enforcement Team (CNET) and the Buffalo Police Department.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Detail Commander Major Mary Clark and Lieutenant Kevin Reyes, CNET West Commander; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Brooklyn Man Sentenced to 52 Months in Prison for Role in Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Omar Bell, age 34, of Brooklyn, New York, was sentenced on March 22, 2018, by Senior U.S. District Court Judge James M. Munley to serve 52 months in prison for his role in a heroin trafficking conspiracy that operated in Luzerne County during 2014.
According to United States Attorney David J. Freed, Bell previously pleaded guilty to conspiring with others to distribute more than 100 grams of heroin, which is equivalent to more than 4,000 retail bags of heroin.
Judge Munley also ordered Bell to serve four years on supervised release following his prison sentence.
The investigation resulted in the arrest of ten people connected to the drug ring, all of whom pleaded guilty. Desmond Mercer, the leader of the conspiracy, was sentenced to 14 years in prison. Two key associates, Shaquan Murphy and Shaliek Stroman, were each sentenced to 12 ½ years in prison. Another member of the drug ring, Antoine Jamison, received a five-year prison sentence.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Pennsylvania State Police, and Kingston Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
# # #
Bronx, New York Man Sentenced to over Fifteen Years for Supplying over a Kilogram of Heroin and Fentanyl for Distribution in VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Andre Terrell, aka “Buzzo,” of the Bronx, New York, was sentenced today for conspiracy to distribute over 100 grams of heroin, over 28 grams of cocaine base, and fentanyl. United States District Judge Christina Reiss sentenced Terrell to a 190-month term of imprisonment, followed by an 8-year term of supervised release, and ordered Terrell to forfeit $60,000 of criminal proceeds derived from the drug conspiracy.
According to Court records, Terrell was the primary supplier of heroin, fentanyl, and cocaine base to a Vermont-based drug distribution organization that operated from approximately March of 2015 to August of 2016. Although Terrell’s primary role was the supplier for the organization, Terrell made frequent trips to Vermont, and functioned as a manger and supervisor of the organization. Terrell admitted to importing over a kilogram of heroin into Vermont during the course of the conspiracy. Addicted couriers transported the drugs from Terrell’s apartment in the Bronx to Terrell’s codefendants in Chittenden County and elsewhere. At times, the drugs sent to Vermont by Terrell were pure fentanyl, which the organization packaged and distributed to Vermont drug users, leading to at least two nonfatal overdoses of Milton residents. Further, Terrell and his codefendants knowingly used the Winooski apartment of a senior citizen as a stash location for over 100 grams of heroin, and provided this public-housing tenant heroin in exchange for the use of the residence to package drugs for distribution.
At the sentencing hearing, Judge Reiss found that the multiple firearms possessed by Terrell’s codefendant were foreseeable to defendant Terrell. Judge Reiss also found by a preponderance of the evidence that defendant Terrell used violence during the commission of his drug offense. Specifically, Judge Reiss found that defendant Terrell had sexually assaulted at gunpoint a female drug courier, as retribution for the courier’s theft of drugs. Judge Reiss also found pursuant to the United States Sentencing Guidelines that defendant Terrell’s criminal history warranted application of the career offender provisions in the Sentencing Guidelines. Terrell’s prior convictions include a 1999 firearms conviction stemming from Terrell having pointed a loaded handgun at an NYPD officer; a 1999 drug conviction stemming from Terrell selling cocaine base to an undercover police officer; and a 2008 assault conviction for intentionally shooting a man in the leg.
Terrell’s arrest on March 16, 2017 was the culmination of a coordinated operation that involved numerous federal, state, and local agencies in the states of Vermont and New York. In total, law enforcement seized over 350 grams of heroin, over 70 grams of cocaine base, a .45 caliber Ruger semi-automatic pistol, and over $11,000 cash from Terrell and coconspirators. The investigation resulted in the indictment of Terrell along with nine coconspirators. Coconspirator Evan “Red” Harris was previously sentenced to a 151 month term of incarceration for his role in the drug conspiracy and possession of firearms in furtherance of the conspiracy. Coconspirator William Edward Harris was previously sentenced to a 60 month term of imprisonment for his role in the drug conspiracy. Coconspirator Troy Washington was sentenced to a term of 44 months for his drug activities. Coconspirator Sarah Larock was sentenced to a term of 18 months imprisonment for her role in the drug conspiracy.
United States Attorney Christina E. Nolan commended the collaborative investigation of the Federal Bureau of Investigations; the Vermont Drug Task Force; the Vermont State Police; the Drug Enforcement Administration; the New York State Police; the Shelburne Police Department; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Milton Vermont Police Department and the Burlington Vermont Police Department, in the successful arrest and prosecution of Terrell and his coconspirators. She stated:
This case represents the intersection of several of the USAO’s top priorities. We will aggressively and relentlessly investigate and prosecute those who deal dangerous drugs for profit, especially fentanyl, which is killing Vermonters at an increasing and alarming rate. Be on notice that, if you sell fentanyl in Vermont in any quantity, you are a potential target for federal prosecution. Further, the USAO will continue to prioritize charging those who are involved in unlawful gun activity and those who use violence – in all contexts. Such conduct is intolerable and poses great risks to innocent members of the public. We will especially focus on bringing justice to drug dealers who viciously abuse addicts in the name of profit. Finally, this case underscores the success of the Vermont model of cooperation across federal, state, and local law enforcement agencies and with our counterparts in neighboring states. We will continue to collaborate at all levels of law enforcement toward our public safety goals. The important results we can achieve when we work in close concert are on display in this case.
Milton Police Chief Steven Laroche stated, “because of the cooperation between local, state and federal law enforcement partners this significant case concluded in a conviction. This illicit drug activity resulted in numerous overdoses, one of which was a pregnant woman. This drug network plagued our community with increased crime which declined after arrests. I commend the combined effort of all agencies involved.”
Terrell was represented by Scott Brettschneider, Esq, and Mark Kaplan, Esq. The United States was represented by Assistant U.S. Attorney Jonathan A. Ophardt.
Brockton Man Sentenced for Illegal Firearm PossessionRead the Press Release
BOSTON – A Brockton man with two prior federal firearm convictions was sentenced yesterday in federal court in Boston for his third federal firearms charge.
Darnell Upshaw, 36, was sentenced by U.S. District Court Judge Indira Talwani to 32 months in prison and three years of supervised release. In December 2017, Upshaw pleaded guilty to being a felon in possession of a firearm and ammunition.
On May 10, 2017, police officers responded to a report of shots fired on Owens Avenue in Brockton. Based on information provided at the scene, law enforcement officers suspected that Upshaw was responsible for the shooting and began surveillance of his house. Subsequently, officers observed a vehicle matching the description of the shooter’s vehicle arrive and park near Upshaw’s house, where two men exited the vehicle. Minutes later, Upshaw was observed leaving his house and driving away in a black SUV.
The officers followed the SUV, and, when it stopped, Upshaw exited and took off running with his right arm braced tightly against his side. The officers followed Upshaw as he fled, climbed over a fence and entered his girlfriend’s mother’s house. Upshaw was apprehended inside the house and a loaded firearm was found lying on top of a pile of lawn clippings near the fence Upshaw had climbed. Subsequent lab analysis revealed that Upshaw’s shirt bore traces of gunshot primer residue.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth County District Attorney Timothy Cruz; and Brockton Police Chief John Crowley made the announcement. Assistant U.S. Attorney Kelly Begg Lawrence of Lelling’s Criminal Division prosecuted the case.
Bradenton Man Sentenced to over 21 Years in Prison for Drug and Firearm OffensesRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody, Jr. has sentenced Kirby Gant (56, Bradenton) to 21 years and 8 months in federal prison for possessing with the intent to distribute crack cocaine and hydrocodone, and for possessing a firearm as a convicted felon and in furtherance of a drug trafficking crime.
Gant was found guilty after a bench trial on November 30, 2017.
According to court documents, at 3:40 a.m. on December 5, 2016, officers from the Bradenton Police Department were on foot patrol in the area of Bradenton Village Apartments when they saw a green SUV with a single occupant, later identified as Gant. As two officers approached the vehicle from opposite sides, one of the officers observed a gun. Gant then attempted to force his way past the officers and was arrested after a brief tussle. The officers recovered 9.6 grams of marijuana, 7.2 grams of hydrocodone, and $1,192 in cash from Gant’s person. A loaded 9mm handgun with an obliterated serial number and 7.5 grams of crack cocaine were found inside the SUV. At the time of his arrest, Gant had several prior felony convictions and is therefore prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Shauna S. Hale.
Attorney General Sessions Announces Regulation Effectively Banning Bump StocksRead the Press Release
Today, Attorney General Jeff Sessions announced that the Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, clarifying that bump stocks fall within the definition of “machinegun” under federal law, as such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger.
In making the announcement, Attorney General Sessions made the following statement: “Since the day he took office, President Trump has had no higher priority than the safety of each and every American,” said Attorney General Jeff Sessions. “That is why today the Department of Justice is publishing for public comment a proposed rulemaking that would define ‘machinegun’ to include bump stock-type devices under federal law—effectively banning them. After the senseless attack in Las Vegas, this proposed rule is a critical step in our effort to reduce the threat of gun violence that is in keeping with the Constitution and the laws passed by Congress. I look forward to working with the President’s School Safety Commission to identify other ways to keep our country and our children safe, and I thank the President for his courageous leadership on this issue.”
On February 20, 2018, the President issued a memorandum instructing the Attorney General “to dedicate all available resources to… propose for notice and comment a rule banning all devices that turn legal weapons into machineguns.” This NPRM is in response to that direction, and would make clear that the term “machinegun” as used in the National Firearms Act (NFA), as amended, and Gun Control Act (GCA), as amended, includes all bump-stock-type devices that harness recoil energy to facilitate the continuous operation of a semiautomatic long gun after a single pull of the trigger. If the NPRM is made final, bump-stock-type devices would be effectively banned under federal law and current possessors of bump-stock-type devices would be required to surrender, destroy, or otherwise render the devices permanently inoperable. The comment period for the NPRM is 90 days from the date of publication in the Federal Register.
To view the Notice of Proposed Rulemaking click here.
Please note: This is the text of the Bump Stock Notice of Proposed Rulemaking (NPRM) as signed by the Attorney General, but the official version of the NPRM will be as it is published in the Federal Register.”Alere to Pay U.S. $33.2 Million to Settle False Claims Act Allegations Relating to Unreliable Diagnostic Testing DevicesRead the Press Release
Massachusetts-based medical device manufacturer Alere Inc. and its subsidiary Alere San Diego (Alere) have agreed to pay the United States $33.2 million to resolve allegations that Alere caused hospitals to submit false claims to Medicare, Medicaid, and other federal healthcare programs by knowingly selling materially unreliable point-of-care diagnostic testing devices, the Justice Department announced today.
“The United States is fortunate that innovative healthcare companies regularly develop medical devices that improve patients’ lives, often in remarkable ways,” said Acting Assistant Attorney General Chad A. Readler for the Justice Department’s Civil Division. “But the Department will hold medical device manufacturers accountable if they knowingly sell defective products that waste taxpayer dollars and adversely impact patient care.”
The United States alleged that between January 2006 and March 2012, Alere knowingly sold materially unreliable rapid point-of-care testing devices marketed under the trade name Triage®. The Triage® devices aided in the diagnosis of acute coronary syndromes, heart failure, drug overdose, and other serious conditions, and the devices were frequently used in emergency departments where timely decisions are critical to ensuring proper patient care. According to the government’s allegations, Alere received customer complaints that put it on notice that certain devices it sold produced erroneous results that had the potential to create false positives and false negatives that adversely affected clinical decision-making. Nonetheless, the company failed to take appropriate corrective actions until FDA inspections prompted a nationwide product recall in 2012. Of the $33.2 million to be paid by Alere, $28,378,893 will be returned to the federal government and a total of $4,860,779 will be returned to individual states, which jointly funded claims for Triage devices submitted to state Medicaid programs.
“Physicians who work to treat patients with suspected myocardial infarctions rely upon devices such as Alere’s Triage Cardiac products for quick and accurate readings," said Stephen M. Schenning, Acting United States Attorney for the District of Maryland. "When manufacturers such as Alere make changes to the specifications that affect the product’s reliability without informing physicians or the FDA, patient care is put at substantial risk.”
“Congress passed the False Claims Act on March 2, 1863 to protect taxpayer dollars from fraud and abuse and to allow private citizens to join the effort,” said Maureen R. Dixon, Special Agent in Charge for the U.S. Department of Health and Human Services Office of Inspector General in Philadelphia. “We will continue to work with concerned citizens, the Department of Justice and our investigative partners to ensure the federal government only pays for honest, high quality, health care products and services.”
The settlement with Alere resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The civil lawsuit was filed by Amanda Wu, who formerly worked for Alere as a senior quality control analyst. As part of today’s resolution, Ms. Wu will receive approximately $5.6 million.
The settlement with Alere was the result of a coordinated effort among the U.S. Attorney’s Office for the District of Maryland, the Commercial Litigation Branch of the Justice Department’s Civil Division, and the National Association of Medicaid Fraud Control Units, with assistance from the FDA’s Office of Chief Counsel, and HHS’ Office of Counsel to the Inspector General. The investigation was conducted by HHS-OIG, FDA’s Office of Criminal Investigations, and the Department of Defense Criminal Investigative Services.
The claims resolved by this settlement are allegations only, and there has been no determination of liability. The lawsuit is captioned United States ex rel. Amanda Wu v. Alere San Diego, et al., No. GLR-11-CV-1808.
Alere to Pay U.S. $33.2 Million to Settle False Claims Act Allegations Relating to Unreliable Diagnostic Testing DevicesRead the Press Release
FOR IMMEDIATE RELEASE CONTACT ELIZABETH MORSE
www.justice.gov/usao/md (410) 209-4885
Baltimore, Maryland – Massachusetts-based medical device manufacturer Alere Inc. and its subsidiary Alere San Diego (Alere) have agreed to pay the United States $33.2 million to resolve allegations that Alere caused hospitals to submit false claims to Medicare and other federal healthcare programs relating to the use of materially unreliable point-of-care diagnostic testing devices.
The settlement agreement was announced today by Acting United States Attorney for the District of Maryland Stephen M. Schenning, Maureen Dixon, Special Agent in Charge for the Office of Inspector General for the Department of Health and Human Services, Robert Craig, Special Agent in Charge for the Defense Criminal Investigative Services, Mid-Atlantic Division and Mark McCormack, Special Agent in Charge for the Office of Criminal Investigations, Food and Drug Administration, Washington Field Division.
“Physicians who work to treat patients with suspected myocardial infarctions rely upon devices such as Alere’s Triage Cardiac products for quick and accurate readings," said Stephen M. Schenning, Acting United States Attorney for the District of Maryland. "When manufacturers such as Alere make changes to the specifications that affect the product’s reliability without informing physicians or the FDA, patient care is put at substantial risk.”
The United States alleged that between January 2006 and March 2012, Alere knowingly sold materially unreliable rapid point-of-care testing devices marketed under the trade name Triage®. The Triage® devices aid in the diagnosis of acute coronary syndromes, heart failure, drug overdose, and other serious conditions, and the devices are frequently used in emergency departments where timely decisions are critical to ensuring proper patient care. According to the government’s allegations, Alere knew that certain devices it sold produced unreliable results that had the potential to create false positives and false negatives that adversely affected clinical decision-making. The United States alleged that Alere personnel were aware of customer complaints regarding erroneous test results and that the decreased precision of its testing devices put the company at considerable regulatory and financial risk, yet the company failed to take appropriate corrective actions until FDA inspections prompted a nationwide product recall in 2012.
The civil settlement resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and obtain a portion of the government's recovery. The civil lawsuit was filed in the District of Maryland and is captioned United States ex rel. Wu v. Alere, Inc., et al., GLR 11-1808. As part of today’s resolution, Ms. Wu will receive approximately $5,675,778 from the settlement.
The federal share of the civil settlement is $28,378,893, and the state Medicaid share of the civil settlement is $4,860,779. The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Acting U.S. Attorney Stephen M. Schenning commended the HHS Office of Inspector General, Food and Drug Administration’s Office of Criminal Investigations and the Department of Defense’s Criminal Investigative Services for their work in the investigation. Assistance also was provided by the National Association of Medicaid Fraud Control Units and offices of various state Attorneys General. The case was handled by Assistant United States Attorney Thomas Corcoran and Assistant Director Colin Huntley of the Department of Justice Civil Fraud Section.
Akron man pleads guilty to using a firearm while having nearly a half-pound of carfentanilRead the Press Release
An Akron man will likely be sentenced to 25 years in prison after pleading guilty to using a firearm while having nearly a half-pound of carfentanil, said U.S. Attorney Justin E. Herdmanand Akron Police Chief Kenneth Ball.
Da’Nico D. Geter, 27, pleaded guilty to one count of possession with intent to distribute more than 100 grams of carfentanil and one count of possession of a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum sentence of 25 years in prison.
Geter possessed 201.5 grams of carfentanil and a Springfield Armory .45-caliber semiautomatic pistol on Sept. 7, 2017, according to court documents.
“This amount of carfentanil is staggering, and having that much is like walking around Akron with a bomb,” Herdman said. “That fact, combined with him using a firearm as part of his drug trafficking, demonstrates the community is safer with this defendant behind bars. Akron police did a tremendous job.”
Police Chief Ball said: “More than 300 people have died as a result of drug overdose in Akron since the start of 2016. Drug dealers like Da'Nico Geter are largely responsible. Almost 3,000 others have suffered through non-fatal overdoses. For each victim, many family members and loved ones are victimized too. In this case, Akron Narcotics Unit members are responsible for a thorough and professional investigation that will rid our community of a major contributor of the collective suffering. Additionally, the U.S. Attorney’s Office has once again ensured that the sentence meets up with the seriousness of the offense.”
This case was investigated by the Akron Police Department’s Narcotics Unit and prosecuted by Assistant U.S. Attorney Teresa L. Riley.
Agawam Man Indicted for Cocaine ConspiracyRead the Press Release
BOSTON – An Agawam man was charged in an indictment unsealed today with a federal cocaine offense.
Lawon Baulkman, 36, was indicted on one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine.
According to court documents, Baulkman participated in a cocaine conspiracy from at least 2015 until in or about September 2016.
Because Baulkman has prior felony drug convictions, he faces a sentence of at least 10 years and up to life in prison, at least eight years of supervised release, and a fine of up to $8 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. The Internal Revenue Service Criminal Investigation’s Springfield Branch Office assisted with the investigation. Assistant U.S. Attorney Katharine A. Wagner of Lelling's Springfield Branch Office is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
22 March 2018
Wisconsin Man and Woman Sentenced for Human TraffickingRead the Press Release
United States Attorney Joseph P. Kelly announced today that on March 22, 2018, Brandon Carr, age 32 of Milwaukee, Wisconsin, and Tiera Rowsey-Harris, age 25 of Milwaukee, Wisconsin, were sentenced for transporting an adult female in interstate commerce with intent to promote prostitution. United States District Court Judge John M. Gerrard sentenced Carr to a 27-month term of imprisonment and Rowsey-Harris to a 13-month term of imprisonment. After their release from federal prison, Carr and Rowsey-Harris will begin 3 and 2 year terms of supervised release respectively.
An investigation conducted by the FBI Child Exploitation Task Force determined that between the dates June 13, 2017, to on or about June 16, 2017, Carr and Rowsey-Harris transported an adult female from Milwaukee, Wisconsin, to Omaha, Nebraska. On June 16, 2017, the FBI Child Exploitation Task Force was conducting undercover prostitution enforcement operations in Omaha, Nebraska, when the adult female traveling with Carr and Rowsey-Harris was arrested for soliciting prostitution from an undercover Task Force officer. Carr and Rowsey-Harris were subsequently arrested and charged with transporting the adult female from Milwaukee, Wisconsin, to Omaha, Nebraska for the purpose of engaging in prostitution.
This case was investigated by the FBI Child Exploitation Task Force, which included Task Force Officers from the Federal Bureau of Investigation, Omaha Police Department, Nebraska State Patrol, and Douglas County Sheriff’s Department.
Winchester Man Pleads Guilty to Federal Firearms ChargeRead the Press Release
LEXINGTON, Ky. – Brandon Darrell Martin, age 28, of Winchester Ky., pleaded guilty today to Possession of Firearms by a Convicted Felon.
In the course of his guilty plea, Martin admitted that, having previously been convicted of a drug trafficking felony and two theft felonies, he knowingly pawned at least five firearms. These firearms included a semi-automatic pistol, two rifles and two shotguns. All these firearms had actually been stolen in residential burglaries in Clark County. Martin pawned them at pawn shops in Lexington. Martin was indicted in January 2018.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart Lowrey, Special Agent in Charge ATF; James Fugate Chief of the Versailles Police Department; and Berl Perdue, Jr. Clark County Sheriff, jointly announced the guilty plea.
The investigation was conducted by the ATF, Versailles Police Department, and Clark County Sheriff’s Office. The United States was represented in the case by Assistant United States Attorney Roger W. West.
Martin is currently scheduled to appear for sentencing before Senior United States District Judge Joseph M. Hood, in Lexington, on June 25, 2018, at 10:30 a.m. Martin faces a maximum of 10 years in prison.
This case were prosecuted as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Wilkes-Barre Man Charged with Drug Distribution Resulting in DeathRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Brew, age 38, of Wilkes-Barre, Pennsylvania, was indicted on March 20, 2018, by a federal grand jury with drug distribution resulting in death. The indictment was unsealed yesterday following Brew’s initial appearance before United States Magistrate Judge Karoline Mehalchick.
According to United States Attorney David J. Freed, the indictment alleges that on January 13, 2018, Brew distributed a mixture of heroin and fentanyl which caused the death of an individual who used the substance.
The case was investigated by the Federal Bureau of Investigation (FBI) and the Wilkes-Barre City Police Department. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Virginia Man Sentenced to 12 Years for Cyberstalking and Communicating Interstate ThreatsRead the Press Release
RALEIGH – Robert J. Higdon, Jr. United States Attorney for the Eastern District of North Carolina, announced that today in Federal court, WILLIAM SCOTT DAVIS, JR., a 57-year-old resident of Hampton, Virginia, was sentenced by Senior Judge W. Earl Britt to 144 months imprisonment followed by 3 years of supervised release after having been convicted of cyberstalking and communicating interstate threats.
The evidence at trial showed that DAVIS’ parental rights to his daughter were conclusively terminated in 2009, following protracted litigation with authorities in Wake County, where DAVIS was residing at the time. During the same time period, DAVIS was prosecuted for fraud offenses in Wake County relating to the forgery of his daughter’s birth certificate. Following the termination of his parental rights and his state fraud conviction in 2009, DAVIS initiated a relentless campaign of harassment and intimidation directed towards a female detective with the Cary Police Department, a female prosecutor with the Wake County District Attorney’s Office, and a female attorney in Raleigh for their roles in different aspects of the legal process. The evidence at trial established that in the summer of 2014, DAVIS sharply escalated his campaign to include email communications sent from Virginia to all three women in North Carolina which contained detailed threats of violence and rape. In addition, DAVIS stalked the Raleigh attorney by threatening her life and the lives of her family, as well as impersonating an FBI agent.
Mr. Higdon said: “The proper functioning of our social services and judicial systems requires that all its participants - prosecutors, law enforcement officers, and attorneys - be free from threats and harm. Our systems cannot function where those participants face threats, intimidation or the real risk of harm. This case is an example of the steps the United States Department of Justice and the United States Attorney’s Office will take when these public servants face these risks. Make no mistake, we will stand firmly behind our fellow prosecutors and our law enforcement and social services partners!”
The case was investigated by the Cary Police Department, Raleigh Police Department and the Federal Bureau of Investigation. Assistant United States Attorneys Ethan A. Ontjes and Adam F. Hulbig represented the government in this case.
United States Reaches Settlement with Four Facilities and Two Medical Companies to Resolve Allegations of Fraudulent Billing in Skilled Nursing FacilitiesRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – The United States Attorney’s Office announced today that it reached an agreement with four skilled nursing facilities and two consulting companies with which they contracted to resolve allegations of fraudulent billing of Medicare for the provision of skilled therapy to Medicare and Tricare beneficiaries. The four skilled nursing facilities and the two consulting companies have agreed to pay a total of $6 million in order to resolve the allegations. Caring Heart Rehabilitation and Nursing Center agreed to pay the United States $1,272,891.00. GNH, LLC agreed to pay $811,153.36. OPOP, LLC agreed to pay $608,365.02. Riverview SNF, LLC agreed to pay $1,206,590.62. Global Healthcare Services Group, LLC agreed to pay $190,000. GHC Clinical Consultants, LLC agreed to pay $1,810,000.00The settlement agreement was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Maureen Dixon, Special Agent in Charge of the Office of Inspector General for the Department of Health and Human Services.
The civil settlement resolves a lawsuit filed under the whistleblower provisions of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and obtain a portion of the government's recovery. The civil lawsuit was filed in the District of Maryland and is captioned United States ex rel. Tober v. Global Empire, LLC, et al., Civil No. RDB-12-2567. As part of the resolution, Mr. Tober will receive $990,000.
The United States alleged that during the period January 1, 2010 through January 31, 2014 the defendants billed Medicare for skilled therapy services that were either not delivered or that were medically unnecessary. Medicare provides a skilled nursing benefit that pays for rehabilitative skilled nursing services for a period of 100 days following a qualifying hospitalization. Medicare pays skilled nursing facilities (SNF) a set rate that depends on a number of factors such as the acuity of the patient and the level and amount of skilled therapy provided. The amount of skilled therapy is counted in minutes of therapy provided, and the United States alleged that the four SNFs and the two consulting companies falsely reported the number of minutes of skilled therapy that was delivered or that was medically necessary. Increasing the number of minutes in many instances brought the patient into a category that resulted in higher compensation for the SNF. The United States alleged that the consulting companies and the SNFs put systems in place to maximize Medicare and Tricare reimbursement and that caused the submission of claims for therapy services that were either not provided or that were unnecessary.
The claims resolved by this settlement are allegations only, and there has been no determination of liability. Caring Heart Rehabilitation and Nursing Center, GNH, LLC, OPOP, LLC, Riverview SNF, LLC, Global Healthcare Services Group, LLC and GHC Clinical Consultants, LLC have denied the allegations.
Acting U.S. Attorney Stephen M. Schenning thanked Assistant United States Attorney Allen Loucks and Investigator Steven Capobianco, who handled this case.
U.S. Army Reserve Soldier Arrested and Charged with Sex Trafficking and Related OffensesRead the Press Release
CHARLOTTE, N.C. – An indictment was unsealed today in federal court following the arrest of Xaver Boston, 28, of Charlotte, announced Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division, U.S. Attorney R. Andrew Murray of the Western District of North Carolina, and Special Agent in Charge John Strong of the FBI Charlotte, North Carolina, Field Division. The indictment charges Boston with six counts of sex trafficking, one count of inducing a person to travel in interstate commerce for purposes of prostitution, and two counts of using an interstate facility to promote a prostitution enterprise.
According to the indictment, between 2012 and Spring 2016, and again between Spring 2017 and September 2017, the defendant operated a prostitution enterprise and sex trafficked young women, including one minor girl. The defendant advertised the women on Backpage.com and collected the prostitution proceeds for his own profit. He provided the women with drugs, including heroin, to maintain control of their actions, and he used violence as punishment when he suspected they were withholding proceeds from him, lying to him, or not following his directions.
An indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty. Each sex trafficking count carries a minimum sentence of 15 years in prison and a maximum sentence of life, as well as mandatory restitution and a $250,000 fine.
The case is being investigated by the FBI in Charlotte and the Charlotte-Mecklenburg Police Department. The case is being prosecuted by Assistant U.S. Attorney Kimlani M. Ford of the Western District of North Carolina and Trial Attorney Matthew T. Grady of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Two Wisconsin Individuals Charged in Firearms Straw Purchasing ConspiracyRead the Press Release
United States Attorney Gregory G. Brooker today announced a federal indictment charging MICHAEL PATRICK COUPE, 27, and JAMIE FLEMING, 30, in a firearms purchasing conspiracy. COUPE is charged with one count of conspiracy and four counts of being a felon in possession of a firearm, FLEMING is charged with one count of conspiracy. Both defendants made an initial appearance today before Magistrate Judge Hildy Bowbeer in U.S. District Court in St. Paul, Minnesota.
According to the indictment, between September 13, 2017, and September 16, 2017, FLEMING purchased five separate firearms, including a Mossberg Tactical 22 .22 caliber rifle, a SCCY model CPX-2, 9mm pistol, a Phoenix model HP22A .22 caliber pistol, a Taurus model PT111 9mm pistol, and a Taurus model PT140 .40 caliber pistol. When purchasing the firearms, FLEMING falsely attested on the required ATF Forms 4473 that she was the actual purchaser of the firearms, when in fact she was not. FLEMING purchased the firearms at the direction of COUPE, who has two prior felony convictions in Sawyer County, Wisconsin, and is prohibited from possessing firearms.
According to the indictment, following the purchase of the firearms, COUPE and FLEMING transferred some or all of the firearms to others, including an individual identified as G.T., who is a convicted felon. On multiple occasions between September 14, 2017, and November 27, 2017, COUPE and FLEMING traveled from Hayward, Wisconsin to Minneapolis, Minnesota where they met with G.T. and transferred firearms to G.T.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Minneapolis Police Department, and the Sawyer County Sheriff’s Office.
Assistant U.S. Attorney Jeffrey S. Paulsen is prosecuting this case.
Defendant Information:
MICHAEL PATRICK COUPE, 27
Hayward, Wis.
Charged:
- Conspiracy – Felon in possession of firearms, 1 count
- Felon in possession of a firearm, 4 counts
JAMIE FLEMING, 30
Hayward, Wis.
Charged:- Conspiracy – Felon in possession of firearms, 1 count
###
Additional news available on our website.
Follow us on Twitter and Facebook.
United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
Two New York City Employees Charged in Manhattan Federal Court with Theft of Government Funds and Wire FraudRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Mark G. Peters, the Commissioner of the New York City Department of Investigation (“DOI”), announced the arrest of ERIC LUNA, an employee of the New York City Department of Youth and Community Development (“DYCD”), and IGOR GOLDSHTEYN, an employee of the New York City Fire Department (“FDNY”), for the theft of government funds and wire fraud. GOLDSHTEYN was arrested at his residence in Staten Island, New York, and LUNA was arrested outside the Manhattan headquarters of the DYCD. Both men were presented today before Magistrate Judge Kevin Nathaniel Fox in Manhattan federal court.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, Eric Luna and Igor Goldshteyn, New York City employees, betrayed the trust placed in them and abused their powers to make purchases for their respective City agencies. They allegedly sold over the internet hundreds of mobile phones intended for official use, and pocketed the proceeds of those illegal sales. Now, thanks to DOI investigators, Luna and Goldshteyn are charged with serious crimes.”
Commissioner Mark G. Peters said: “Abusing their authority to make purchases for their agencies, these defendants acted in separate schemes to greedily line their own pockets, by stealing hundreds of mobile devices meant for City use and selling them on online marketplaces for hundreds of thousands of dollars in profit, according to the charges. DOI thanks the United States Attorney for the Southern District and Verizon Wireless for their assistance and partnership in this investigation.”
According to the allegations in the Complaints[1]:
In April 2017, DOI investigators discovered that from at least in or about August 2015, hundreds of mobile telecommunications devices purchased by the FDNY and DYCD for use by agency personnel were being improperly diverted by LUNA and GOLDSHTEYN. Both the FDNY and DYCD receive federal funds – the FDNY through grants from the Department of Homeland Security, and DYCD through grants from the Department of Housing and Urban Development. LUNA and GOLDSHTEYN offered the devices for sale through third-party vendors over the internet. The proceeds from the sales of these mobile devices went into LUNA’s and GOLDSHTEYN’s personal checking and online accounts.
* * *
In separate complaints, GOLDSHTEYN, 42, of Staten Island, New York, and LUNA, 35, of Bronx, New York, are each charged with the theft of federal funds, and wire fraud. The maximum statutory penalty for the theft of federal funds is 10 years in prison, and the maximum statutory penalty for wire fraud is 20 years in prison. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Dominic Gentile is in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the texts of the Complaints and the description of the Complaints set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Two Men Plead Guilty to Drug Trafficking ConspiracyRead the Press Release
NORFOLK, Va. – Two Portsmouth men pleaded guilty today to their involvement in a massive heroin and crack cocaine conspiracy in Hampton Roads.
According to court documents, Antonio Brown, aka “Tony Legal,” 42, and Roman Hurdle, aka “Rome,” 38, were part of a massive heroin and crack cocaine drug-trafficking conspiracy in Hampton Roads. Brown was a lieutenant in the organization, which included at least 10 participants, and Hurdle was Brown’s driver and crack manufacturer, or “cook.” Altogether, the two are responsible for distributing roughly three kilograms of heroin, four kilograms of crack, and over 20 kilograms of powder cocaine.
Each man pleaded guilty to conspiracy to distribute heroin and crack cocaine. They both face a mandatory minimum of five years and a maximum sentence of 40 years in prison when sentenced on June 18. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after Senior U.S. District Judge Robert G. Doumar accepted the pleas. Assistant U.S. Attorney William B. Jackson is prosecuting the case.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Promotional Deceit. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-40.
Two California Men Convicted for Armed Robbery of Convenience Store on Black FridayRead the Press Release
RENO, Nev. – A federal jury convicted two men from California today for robbing a Reno convenience store at gunpoint on Black Friday, announced U.S. Attorney Dayle Elieson of the District of Nevada.
Connor Timothy Woods, 27, and Michael Miller, 31, both of Santa Rosa, California, were found guilty of one count of conspiracy to interfere with commerce by robbery, one count of interference with commerce by robbery, and one count of use of a firearm in furtherance of a crime of violence. United States District Judge Howard D. McKibben presided over the four-day jury trial. Sentencing is set for June 19, 2018.
According to court documents and evidence presented at trial, Woods entered a 7-11 located at 6150 South McCarran Blvd. on November 25, 2016. He pointed a semi-automatic handgun at the store clerk and demanded money from the cash register and the slots register drawers. When the clerk went to grab the slots register drawer, he saw Woods had put the gun down on the counter. The victim attempted to grab the gun and they began to struggle. The gun fell to the floor and the victim threw the cash drawer at Woods. Woods left the store and jumped into a mini-van outside where Miller was waiting. They stole approximately $100.
A few days later, a Reno Police Department detective found the get-away vehicle parked on the side of I-80 and the mini-van was towed back to the police station. Law enforcement was able to identify Woods as a suspect in the robbery based on evidence discovered in the mini-van and from the surveillance videos. The detective searched Woods’s criminal history and found that he was in custody in Sonoma County, California, on an unrelated charge. In an interview with the detective, Woods stated, “I admit to the 7-11 robbery. I admit to it, there that’s all you need.”
The maximum statutory penalty is 20 years in prison and a $250,000 fine for the conspiracy to interfere with commerce by robbery and interference with commerce by robbery change, and a mandatory minimum penalty of seven years consecutive to the robbery charge.
The investigation was conducted by the Reno Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Washoe County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorneys Megan Rachow and James E. Keller.
###
Two Brothers Charged with Murder Conspiracy, Attempted Murder, and Firearm Offenses for Shooting of U.S. Postal CarrierRead the Press Release
CHARLOTTE, N.C. – A grand jury sitting in Charlotte returned a federal indictment charging two brothers for the shooting of a United States Postal Carrier, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina. Rashawn Donnell Williams, 29, and Dion Lamar Williams, 27, both of Charlotte, were charged with conspiracy to murder a federal employee, attempted murder of a federal employee, and discharging a firearm during, in relation to and in furtherance of a crime of violence. Rashawn Williams was also charged with possession of a firearm by a felon.
David M. McGinnis, Inspector in Charge of the Charlotte Division of the U.S. Postal Inspection Service (USPIS) joins U.S. Attorney Murray in making today’s announcement.
“As alleged in the indictment, the two men knowingly and intentionally attempted to kill a U.S. postal carrier while he was performing his official duties. I want to thank our law enforcement partners for their thorough investigation of this case, which has led to today’s federal charges,” said U.S. Attorney Murray.
Inspector in Charge McGinnis stated, “Protecting the employees of the United States Postal Service is a top priority for the U.S. Postal Inspection Service. When someone attempts to take the life of one of our employees, we stop at nothing to identify those responsible. We extend our appreciation to all our local, state and federal partners that assisted in the investigation.”
According to allegations contained in the indictment, on August 31, 2017, Rashawn Williams and Dion Williams conspired to kill a U.S. Postal Carrier. The indictment alleges that, as part of the conspiracy, Dion Williams picked up Rashawn Williams at a location on Executive Street in Charlotte. The two men traveled to the Days Inn located at 4924 Sunset Road in Charlotte, where Rashawn Williams obtained a firearm. The indictment also alleges that the two men then traveled to Archer Avenue in Charlotte, to locate the victim. The indictment further alleges that Rashawn Williams and Dion Williams attempted to kill the victim while he was delivering mail on his mail route. According to the indictment, Rashawn Williams has a prior criminal conviction and is prohibited from possessing a firearm.
The two men are currently in custody and will appear in court on the federal charges. The maximum penalty for the charge of conspiracy to murder a federal employee is life in prison. The charge of attempted murder of a federal employee carries a maximum prison term of 20 years and a $250,000 fine. The discharging of a firearm charge carries a mandatory minimum term of 10 years consecutive to any other count. The felon in possession of a firearm charge carries a maximum prison term of 10 years and a $250,000 fine.
The charges contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond reasonable doubt in a court of law.
The investigation was led by USPIS. In making today’s announcement, U.S. Attorney
Murray and Inspector McGinnis thank the FBI, ATF, U.S. Probation Office, the CharlotteMecklenburg Police Department and the Mecklenburg County Sheriff’s Office for their invaluable assistance with this case.
Assistant U.S. Attorney Jennifer Dillon, of the U.S. Attorney’s office in Charlotte, is prosecuting the case.