Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
22 March 2018
Twelve Individuals Indicted in Drug ConspiracyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Waylon Lee Williams, age 37, of Stilwell, Oklahoma; Chassidy Dawn Burke, age 36, of Stilwell, Oklahoma; Jesse Ryan Catron, age 37, of Stilwell, Oklahoma; Evonnie Marie Simmons, age 38, of Stilwell, Oklahoma; Josh Caleb Simmons, age 38, of Stilwell, Oklahoma; Amber Rae Kirk, age 36, of Lincoln, Arkansas; Carl Alvin Cushing, age 59, of Westville, Oklahoma; Megan Charise Watkins, age 26, of Stilwell, Oklahoma; Kris Lee Hall, age 40, of Stilwell, Oklahoma; Sharon Eloise Davis, age 51, of Bunch, Oklahoma; Brianna Lillian Smith, age 47, of Westville, Oklahoma; and Donnie Dean Burke, age 34, of Westville, Oklahoma were each indicted for Drug Conspiracy, in violation of Title 21, United States Code, Section 846, punishable by not less than 10 years imprisonment, and up to a $10,000,000 fine or both.
Waylon Lee Williams and Chassidy Dawn Burke had previously been indicted on February 18, 2018 for Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not more than 20 years imprisonment, and up to a $1,000,000 fine or both. The original indictment alleged that on or about July 28, 2017, within the Eastern District of Oklahoma, Williams and Burke knowingly and intentionally possessed with the intent to distribute 50 grams or more of a mixture or substance containing a detectable quantity of methamphetamine, a Schedule II controlled substance.
In March, the Grand Jury returned an indictment which superseded the original indictment (the “Superseding Indictment”). The Superseding Indictment alleges that Williams, Burke, Catron, Evonnie Simmons, Josh Simmons, Kirk, Cushing, Watkins, Hall, Davis, Smith, and Donnie Dean Burke, beginning on a date in 2014, the exact date being unknown to the Grand Jury, and continuing until on or about January 29, 2018, in the Eastern District of Oklahoma and elsewhere willfully and knowingly combined, conspired, confederated, and agreed together, and with others known and unknown to the Grand Jury, to commit offenses against the United States.
The charges arose as a result of an investigation by the Drug Enforcement Administration (“DEA”), the Oklahoma Bureau of Narcotics (“OBN”), the National Guard Counterdrug Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bureau of Indian Affairs, the U.S. Marshals Service, the Cherokee Nation Marshal Service, the Oklahoma Highway Patrol, the District 27 District Attorney’s Drug Task Force, the Adair County Sheriff’s Office, the Tulsa County Sheriff’s Office, the Stilwell Police Department, the Broken Arrow Police Department, and the Tulsa Police Department.
United States Attorney Brian J. Kuester said, “As we all know, methamphetamine is destructive to individuals, families, and communities, and the cost to society is beyond measure. Attacking a serious problem requires a serious commitment. The agencies that participated in this investigation gave the citizens of Adair County and Eastern Oklahoma that commitment. The agents worked thousands of hours and sacrificed their nights and weekends, and missed family gatherings for the sake of completing a professional, thorough investigation into the drug trade in and around Adair County, Oklahoma. The lead agents, who are with the DEA and OBN, worked closely with members of the United States Attorney’s Office and were assisted by prosecutors in the District 27 District Attorney’s Office. The teamwork that was involved throughout this investigation from beginning to end is an example of how federal, state, tribal, and local law enforcement and prosecutorial agencies should work together for the benefit of the public we all serve.”
DEA Assistant Special Agent in Charge Richard W. Salter Jr. said, “The DEA is committed to protecting the communities, families and especially the children of Oklahoma from the scourge of methamphetamine and all addictive drugs that continue to threaten our communities, harm our families and especially the children of Oklahoma. Working together with our State, Local and Tribal law enforcement partners is the best weapon we have to combat these criminal organizations, and this case is a notable example of that cooperation and collaboration. Today we celebrate a brief victory and tomorrow we get back to work.”
Oklahoma Bureau of Narcotics and Dangerous Drugs Control Director John Scully said, “The Oklahoma Bureau of Narcotics is proud to be a participating partner in the dismantling of this drug trafficking organization. This criminal organization was a significant source for the illegal distribution of methamphetamine, and associated crimes, that have plagued many communities for too long. This cooperative effort by law enforcement is one of many examples of the dedication of our law enforcement agencies working together to improve the quality of life for our citizens. This cooperative effort serves as a force multiplier for all law enforcement and continues to be the model we strive for in combating the criminal element that wishes to destroy lives, families and communities.”
District 27 District Attorney Jack Thorp said, “Rural Oklahoma communities have been hit hard by methamphetamine. Long term, multi-agency investigations, targeted at suppliers of methamphetamine, are extremely important to our local efforts to protect the public. An investigation of this magnitude would not be possible without the participation of all the agencies involved. I am proud to have been a part of this effort and know that the citizens of Adair County and the surrounding area appreciate the resources devoted to fighting against the sale of methamphetamine.”
A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt.
Turtle Creek Felon Charged with Illegally Possessing GunsRead the Press Release
PITTSBURGH, PA – A former resident of Turtle Creek, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal firearms laws, United States Attorney Scott Brady announced today.
The one-count indictment, returned on March 21, named Hashim Rashad, age 25, as the sole defendant.
According to the indictment, on October 18, 2017, Rashad possessed two firearms. Rashad is a convicted felon, who has previously been convicted of involuntary manslaughter and is prohibited by federal law from possessing any firearms.
The law provides for a sentence of not more than 10 years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense, and the criminal history of the defendant.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.
The Pittsburgh Bureau of Police – Narcotics and Vice Division and the Drug Enforcement Administration conducted the investigation leading to the indictment in this 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.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Three Nine Trey Gangsters Convicted of 2015 Violent Crime Spree in VirginiaRead the Press Release
Three members of the Nine Trey Gangsters were convicted today by a federal jury in the Eastern District of Virginia for their roles in a racketeering conspiracy that included five murders, six attempted murders, and various drug trafficking, robbery, and firearms crimes that spanned all five cities in south Hampton Roads, Virginia in 2015.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division; Acting U.S. Attorney Tracy Doherty-McCormick for the Eastern District of Virginia; Attorney General of Virginia Mark R. Herring; Special Agent in Charge Martin Culbreth of the FBI’s Norfolk Field Office; Chief Tonya D. Chapman of Portsmouth Police; Chief Larry D. Boone of Norfolk Police; Chief James A. Cervera of Virginia Beach Police; Col. K.L. Wright, Chief of Chesapeake Police and Chief Thomas E. Bennett of Suffolk Police, made the announcement after U.S. District Judge Mark S. Davis accepted the verdict.
“The Nine Trey Gangsters are a violent set of the Bloods that was responsible for a wave of cold-blooded murders that terrorized Hampton Roads during the 2015 holiday season,” said Acting Assistant Attorney General Cronan. “I commend our dedicated law enforcement partners and federal prosecutors for their tireless efforts to stand up for the five men and women who were senselessly murdered by this vicious gang. Today’s guilty verdicts – which followed a seven-week trial with over 100 witnesses – ensure that these three members of the Nine Trey Gangsters will now face justice for their participation in the gang’s murderous conspiracy.”
“These men inflicted extreme violence in Hampton Roads,” said Acting U.S. Attorney Doherty-McCormick. “They brutally murdered five people, attempted to murder six others, and in addition to selling drugs, committed robberies and other gang-related crimes. This verdict sends a clear message to gang members committing violent crimes in our communities: You will be caught, and you will be prosecuted. Together with our federal and local law enforcement partners, we will continue to aggressively pursue and prosecute these cases.”
Antonio Lee Simmons, aka Murdock and Doc, 39, of Norfolk, was convicted today of racketeering conspiracy, heroin distribution conspiracy, murder in aid of racketeering, attempted murder in aid of racketeering, assault with a dangerous weapon, use of a firearm resulting in death, use of a firearm during a crime of violence, and various firearm and drug offenses.
Nathaniel Tyree Mitchell, aka Savage, 26, of Portsmouth, Virginia was convicted today of racketeering conspiracy, murder in aid of racketeering, attempted murder in aid of racketeering, assault with a dangerous weapon, use of a firearm resulting in death, and use of a firearm during a crime of violence. Malek Lassiter, aka Leeko, 22, of Portsmouth, was convicted today of racketeering conspiracy, attempted murder in aid of racketeering, assault with a dangerous weapon, and use of a firearm during a crime of violence. Simmons, Mitchell and Lassiter will be sentenced on July 19; July 17 and July 18, 2018, respectively.
According to court records and evidence presented at trial, the Nine Trey Gangsters are part of the United Blood Nation street gang. From approximately Thanksgiving through Christmas of 2015, the gang members murdered two men and three women, most of whom had no affiliation with the gang. One victim, Linda Lassiter, 48, along with her boyfriend Wayne Davis, 48, was killed just weeks after speaking to the police about a gang-connected shooting at her daughter’s house. The body of another victim, Al-Tariq Tynes, 26, was hidden in the trunk of his car and driven around for days before he was dumped into a ditch in Chesapeake, Virginia. His body was not discovered until early 2016. Jamesha Roberts, 25, a young mother of two children under the age of five, was gunned down in Norfolk after her shift at the airport Starbucks. Witnesses testified at trial that Nathaniel Mitchell, who was in a competition with another Nine Trey member to see who could shoot the most people, killed her for “walking on the wrong side of the street.”
“Today’s verdict demonstrates the commitment of the FBI and our law enforcement partners to hold violent gang members and murderers fully accountable for their actions,” said FBI Special Agent in Charge Culbreth. “We will not stand by while violent criminals terrorize our neighborhoods and murder innocent people. I would like to thank the agents, analysts, task force officers, and prosecutors for their unwavering efforts to eliminate gang violence in our communities. We hope this verdict will encourage citizens to continue to come forward and help us provide a safer Hampton Roads.”
“These men are responsible for one of Hampton Roads’ deadliest crime sprees in recent memory,” said Virginia Attorney General Herring. “In just about one month, they inflicted death and mayhem on their communities while trying to settle scores and establish their positions in their gang. Hampton Roads will be safer with these men off the streets, and I appreciate all the hard work and cooperation of local, state, and federal law enforcement and prosecutors that has brought them to justice.”
According to court records and evidence presented at trial, Antonio Lee Simmons was the head of a locally based “line” of the gang. After two subordinate members, Anthony Foye and Nathaniel Mitchell, were arrested for an armed robbery of a Shell gas station on Dec. 27, 2015, law enforcement linked a gun and shell casing recovered after the robbery to nine of the crime scenes. Additionally, the same getaway car used at the robbery was captured on video fleeing the scene of a shooting at the Aqua Lounge nightclub in Virginia Beach on Dec. 20, 2015. The two-year investigation by Portsmouth Police Department’s gang unit and the FBI included a technological analysis that tied the gang members to crime scene locations.
A total of six defendants were charged in federal court. In addition to today’s three defendants, who were convicted following a seven-week trial, three defendants pleaded guilty prior to trial. Anthony Foye, aka Ace and Bull, 26, of Portsmouth, pleaded guilty to murder in aid of racketeering and is scheduled to be sentenced on May 2. Alvaughn Davis, aka LB, 29, of Portsmouth, pleaded guilty to use of a firearm resulting in death, racketeering conspiracy, and accessory after the fact to murder in aid of racketeering. Davis was sentenced on Oct. 17 to serve 45 years in prison. Donte Brehon, aka Dog Nutz, 36, of Norfolk, pleaded guilty to accessory after the fact to assault with a dangerous weapon in aid of racketeering, and distribution and possession with intent to distribute heroin. Brehon was sentenced on June 5, 2017, to serve 160 months in prison.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Billy Club. 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.
Assistant U.S. Attorneys Joseph E. DePadilla and Andrew C. Bosse, Special Assistant U.S. Attorney John F. Butler of the Eastern District of Virginia and Trial Attorney Teresa A. Wallbaum of the Criminal Division’s Organized Crime and Gang Section, are prosecuting the case.
Three Emporia Residents Sentenced for Drug Trafficking ConspiracyRead the Press Release
RICHMOND, Va. – Three defendants were sentenced yesterday and today to a combined 36 years in prison for participating in a lengthy and extensive drug trafficking conspiracy.
According to court documents, Steve Allen Hicks, 42, Brittany Owens, 28, and Dexter Banks, 30, all of Emporia, Virginia, were members of a drug trafficking organization which operated in Emporia and the surrounding area dating back to at least 2013. During the conspiracy, these defendants along with several other co-conspirators, distributed large amounts of crack cocaine, powder cocaine, heroin and marijuana to hundreds of customers in Southeast Virginia. Owens was sentenced yesterday to 10 years in prison, Banks to 11 years and 8 months, and Hicks was sentenced today to 15 years in prison.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Bulls Eye. 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.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by Senior U.S. District Judge Robert E. Payne. Assistant U.S. Attorney Peter S. Duffey prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:17-cr-80.
The United States Attorney’s Office’s Twitter AccountRead the Press Release
Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that his Office has a Twitter account to assist in providing news, announcements, and other information to the public. To follow the Office on Twitter, go to http://twitter.com/USAO_EDWA, or add our Twitter address @USAO_EDWA to the Twitter app on your mobile device. In addition to Twitter, the U.S. Attorney’s Office also maintains a website, which remains the primary source of information for our office. The office will also continue its current practice of issuing press releases via email.
Tampa Man Sentenced for Conspiracy to Commit Theft of Government Property and Aggravated Identity TheftRead the Press Release
Tampa, FL – Chief U.S. District Judge Steven D. Merryday today sentenced Rico Simmons (42, Tampa) to seven years in federal prison for conspiracy to commit theft of government property, access device fraud, and aggravated identity theft. As part of his sentence, the court also ordered him to pay $156,100.12 in restitution to the Internal Revenue Service, and entered a separate money judgment against him in the same amount.
Simmons pleaded guilty on December 20, 2017.
According to court documents, beginning in August 2012, Simmons and his co-defendants, Natalie Panko (a/k/a Rene Brown) and Mazie Hill, conspired among themselves, and with others, to extract tax fraud proceeds from debit cards using Panko and Hill’s restaurant businesses – Ladies of the Sea and Mazie’s Soulfood. The conspirators used stolen identities to file false tax returns and activated debit cards and bank accounts that then received the fraudulently claimed tax refunds. Panko and Hill made the debit card charges appear as restaurant-related transactions. Simmons, Panko, and Hill then shared in the proceeds of the fraud.
Panko pleaded guilty earlier this year and is scheduled to be sentenced on April 11, 2018. Hill also pleaded guilty and was sentenced to two years in federal prison.
This case was investigated by the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Megan Kistler and Simon Gaugush.
Susanville Man Indicted for Unlawful Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment today against David Lopez, 33, of Susanville, charging him with unlawful possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on March 17, 2018, Lopez was found in possession of a Glock 26 handgun, along with a loaded extended magazine. Lopez has previously been convicted of a felony and is not permitted under federal law to possess firearms.
This case is the product of an investigation by the Federal Bureau of Investigation and the Susanville Police Department. Assistant U.S. Attorney Owen Roth is prosecuting the case.
If convicted, Lopez faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to combat gun and gang crime. At the core of PSN is increased federal prosecution to incapacitate chronic violent offenders as well as to communicate a credible deterrent threat to potential gun offenders.
Spartanburg Initiative to Combat Domestic Violence Results in 108-month Federal Prison Sentence for OffenderRead the Press Release
Spartanburg, South Carolina ---- After previously entering a guilty plea for the illegal possession of a firearm in January 2017, James Lee Sarratt, Jr., age 50, of Spartanburg, was sentenced today to 108 months in federal prison.
Sarratt, a previously convicted felon who is prohibited from possessing firearms or ammunition, was arrested on federal firearms charges on October 31, 2016, and has remained in custody, detained without bond, since his federal arrest.
The facts presented at the guilty plea hearing and sentencing hearing established that on the morning of September 30, 2016, members of the Spartanburg County Sheriff’s Office (SCSO) responded to a domestic disturbance involving a firearm at a residence in Spartanburg. When deputies arrived at the residence, witnesses alerted SCSO that Sarratt had a firearm. Sarratt did not have a firearm on him when deputies approached him but Sarratt later admitted he put the firearm in a truck at the residence. Inside the bedroom of the residence, a male was on the floor with a gunshot wound to his abdomen.
One witness told SCSO that during an argument in the bedroom, with the child present, Sarratt retrieved his .40 caliber pistol from under the mattress. Ultimately one witness attempted to grab Sarratt’s arm. The gun went off and the witness fell to the ground, shot in the abdomen. Sarratt then left the residence to place his firearm in his truck.
A search warrant obtained for the property yielded a black Hi-Point JCP, .40 caliber pistol loaded with seven (7) rounds of Winchester .40 caliber ammunition in a pick-up truck and a box containing fourteen (14) rounds of Winchester .40 caliber ammunition in the bedroom.
Sarratt’s case was investigated by the Spartanburg County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The case is assigned to 7th Circuit Assistant Solicitor and Special United States Attorney Jennifer Wells and First Assistant United States Attorney Lance Crick.
Sarratt’s plea was the first one to emanate out of “Home Front”, a focused deterrence-based initiative to combat domestic violence led by 7th Circuit Solicitor Barry Barnette. The initiative, launched last month has the support and partnership of the U.S. Attorney’s Office.
Modelled after a program started in High Point, NC, members of the Home Front task force began earlier this fall, meeting with representatives from every police department in Spartanburg county as well as the Sheriff’s Office. The Spartanburg County State Probation office and victim’s advocate stalwart, SAFE Homes, also serve as critical partners in this effort.
Under the guidance of Solicitor Barnette and High Point (NC) Chief Marty Sumner, Home Front has quickly gone from concept to reality. High Point’s model and research suggests that early intervention is key in stopping the cycle of violence. The Home Front strategy identifies and focuses on offenders at the earliest stages of offending, before their violent conduct is entrenched and escalating.
According to the Center for Disease Control and Prevention, domestic violence is a community crime problem that costs the United States over $5.8 billion every year. It is a major drain on law enforcement resources as domestic violence generates a high volume of calls and repeated calls to the same location. Domestic violence homicides make up 40–50 percent of all murders of women in the United States. Women who have experienced a history of domestic violence report more health problems than other women and they have a greater risk for substance abuse, unemployment, alcoholism, and suicide attempts.
Research shows that the repeat domestic violence offender tends to have a significant criminal history that includes a wide range of both domestic violence and non-domestic violence offenses. Most of these offenders are readily identified as they are known to the criminal justice system. The Home Front initiative exposes the repeat domestic violence offender to sanctions because of his pattern of criminal behavior.
According to the 2015 Violence Policy Center When Men Murder Women report, South Carolina led the nation in rates of women murdered by men. Sixty-six percent (66%) of the victims were killed with a firearm and ninety-six percent (96%) of women murdered were killed by someone they knew.
In Spartanburg County during the 2015 calendar year, SAFE Homes serviced 6726 victims of domestic violence. In the same time frame, the Spartanburg Police Department charged 907 domestic violence cases and the Spartanburg County Sheriff’s Office charged 1068 domestic violence cases. There were fourteen (14) domestic related deaths in Spartanburg County in 2015.
Solicitor Barnette has had enough. “Domestic violence is violence, period. It continues to plague our community--so costly and harmful to families and children, persisting year after year. It is time for these offenders to get our best shot—our best efforts. That is Home Front.”
United States Attorney Beth Drake agrees. “The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco and Firearms welcome the opportunity to partner with Solicitor Barnette and state law enforcement, and to use federal gun laws to pull violent offenders who are abusing their families and loved ones out of the community. The goal is simple – stop the abuse, or swift and sure, the full force of a coordinated law enforcement effort will come to bear to stop you from abusing. Home Front takes the burden of addressing abusers from the victims and shifts it to us – a very engaged group of local, state, and federal law enforcement.”
U.S. Attorney Drake further stated, “South Carolina has been in the top ten states for men who kill women for the last 20 years, and ranked in the top 5 for six years in a row in 2015. Domestic violence calls pose a potentially lethal risk to both the intimate partner and the responding law enforcement. As a State, we have to do more. Solicitor Barnette is leading the way here in South Carolina in finding a way to turn the tide on domestic violence.”
The Home Front task force began a thorough, eight-step implementation process in the fall. The steps included training officers, synchronizing the coding of calls among the law enforcement agencies to harmonize communication--to create a back stop of sorts so that no domestic calls or offenders slip through the cracks among the sixteen municipal law enforcement entities in Spartanburg County. Very early in the implementation process, the task force began creating a comprehensive list of domestic violence offenders from the previous twelve months of arrests in Spartanburg County for domestic-related incidents. Offenders were categorized from most dangerous (Class A), repeat offender (Class B), first time DV arrest (Class C), and any non-arrest domestic violence interface with law enforcement (Class D). For the most serious or repeat offenders, pending cases are fast-tracked to ATF and the US Attorney’s Office for immediate federal prosecution or prioritized for expedited state prosecution. This process includes creating an enhanced system of tracking for offenders who are notified at any level or category. Custom notification letters, hand-delivered by law enforcement to offenders within 48 hours of the initial law enforcement contact, serve to alert offenders that they are on the Home Front radar going forward as well as detailing presumptive sentences for future acts of violence or prohibited behavior.
Solicitor Barnette is optimistic about the collaboration and is confident the focus and dedication of this task force will not waiver. “Securing our communities and ensuring that victims and children can feel safe in their own homes—breaking this horrific cycle of violence, that is our charge.”
#####
South Carolina Man Sentenced to Two Years for Synthetic ID Bank FraudRead the Press Release
CHARLOTTE, N.C. – U.S. District Judge Robert J. Conrad, Jr. sentenced a South Carolina man late yesterday to 24 months in prison, followed by two years of supervised release, in connection with a “synthetic identity” bank fraud scheme, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina. Judge Conrad also ordered Charles Whitlock, Jr., 51, of Rock Hill, S.C. to pay $310,268.51 in restitution. Whitlock pleaded guilty to bank fraud in October, 2017.
David M. McGinnis, Inspector in Charge of the Charlotte Division of the U.S. Postal Inspection Service (USPIS) and John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, join U.S. Attorney Murray in making today’s announcement.
According to filed court documents and court hearings, Whitlock executed a synthetic identity fraud scheme from December 2013 to April 2017, through which he fraudulently obtained more than $251,000 from a financial institution by obtaining credit cards using synthetic identities. A synthetic identity is a fictitious identity created using a combination of real and fabricated information about people, or sometimes entirely fictitious information about people, including names, social security numbers (SSN), dates of birth (DOB).
Whitlock also used social media to offer so-called “credit repair services,” claiming he could help customers acquire new lines of credit, car loans and better FICO scores, among other things. Whitlock omitted to disclose that he was engaging in fraudulent activity involving synthetic identities.
In July 2017, the U.S. Government Accountability Office (USGAO) issued a summary report of a forum convened by the Comptroller General of the United States on the topic of synthetic identity fraud (SIF). A panel of experts concluded that SIF is a growing problem that poses a threat to “the financial system, government programs and national security.” The USGAO’s full report is available at https://www.gao.gov/assets/690/686134.pdf
The investigation was led by USPIS and the FBI. Assistant U.S. Attorneys Thomas O’Malley and Ben Bain-Creed, of the U.S. Attorney’s office in Charlotte, prosecuted the case.
South Carolina Man Sentenced to Two Years for Synthetic ID Bank FraudRead the Press Release
CHARLOTTE, N.C. – U.S. District Judge Robert J. Conrad, Jr. sentenced a South Carolina man late yesterday to 24 months in prison, followed by two years of supervised release, in connection with a “synthetic identity” bank fraud scheme, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina. Judge Conrad also ordered Charles Whitlock, Jr., 51, of Rock Hill, S.C. to pay $310,268.51 in restitution. Whitlock pleaded guilty to bank fraud in October, 2017.
David M. McGinnis, Inspector in Charge of the Charlotte Division of the U.S. Postal Inspection Service (USPIS) and John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, join U.S. Attorney Murray in making today’s announcement.
According to filed court documents and court hearings, Whitlock executed a synthetic identity fraud scheme from December 2013 to April 2017, through which he fraudulently obtained more than $251,000 from a financial institution by obtaining credit cards using synthetic identities. A synthetic identity is a fictitious identity created using a combination of real and fabricated information about people, or sometimes entirely fictitious information about people, including names, social security numbers (SSN), dates of birth (DOB).
Whitlock also used social media to offer so-called “credit repair services,” claiming he could help customers acquire new lines of credit, car loans and better FICO scores, among other things. Whitlock omitted to disclose that he was engaging in fraudulent activity involving synthetic identities.
In July 2017, the U.S. Government Accountability Office (USGAO) issued a summary report of a forum convened by the Comptroller General of the United States on the topic of synthetic identity fraud (SIF). A panel of experts concluded that SIF is a growing problem that poses a threat to “the financial system, government programs and national security.” The USGAO’s full report is available at https://www.gao.gov/assets/690/686134.pdf
The investigation was led by USPIS and the FBI. Assistant U.S. Attorneys Thomas O’Malley and Ben Bain-Creed, of the U.S. Attorney’s office in Charlotte, prosecuted the case.
Smugglers Sent to Prison for Transporting Aliens in Tractor-TrailerRead the Press Release
LAREDO, Texas – Two men and a woman have been sent to federal prison for their participation in a smuggling attempt in the back of a tractor-trailer, announced U.S. Attorney Ryan K. Patrick. Minkah Ra Rashaad and Sherine Ovanna Watson, both 28, and 30-year-old Jesus Roberto Contreras pleaded guilty Nov. 2, 2017, to conspiracy to transport undocumented aliens.
Today, visiting U.S. Appellate Judge Kimberly Moore sentenced Contreras, of Laredo, to 97 months in prison, while Rashaad, of Washington D.C., and Watson, of Suitland, Maryland, to 30 and 18 months in prison, respectively. Contreras will also serve three years of supervised release, while the other two will be on supervised release for two years following completion of their sentences. Contreras’s lengthy sentence is due to his prior criminal history and his involvement in multiple other alien smuggling events.
On March 14, 2017, Contreras recruited Rashaad and Watson to smuggle several undocumented aliens in the back of a tractor-trailer from Laredo past the Border Patrol checkpoint on IH-35 north. Contreras loaded the aliens into the trailer and also scouted for law enforcement. Rashaad and Watson never made it to the checkpoint as law enforcement stopped the tractor-trailer in downtown Laredo and discovered the hidden aliens.
Contreras and Watson are in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future, while Rashaad was permitted to remain on bond and voluntarily surrender at a later date.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the Laredo Police Department. Special Assistant U.S. Attorney Lisa M. Ezra prosecuted the case.
Sinking Spring, PA Man Sentenced 5 Years for Fraudulent ClaimsRead the Press Release
Rafael Christopher Cirino, 36, of Sinking Spring, Pennsylvania, was sentenced on Friday by the Hon. Edward G. Smith, United States District Judge, to a term of 60 months’ imprisonment, to be followed by supervised release for a period of 5 years, as well as a $1,700 special assessment, announced United States Attorney Louis D. Lappen. This conviction was the result of a collaboration of federal, state and local law enforcement agencies in order to halt fraudulent claims for state benefits, mortgage fraud, and insurance fraud.
According to the indictment and guilty plea, between October 2016 and March 2017, Cirino submitted fraudulent claims for unemployment compensation benefits with the State of Pennsylvania using fictitious identities. Cirino also submitted multiple fraudulent claims under insurance policies regarding business property that had allegedly been stolen. Cirino further used the fictitious identity of one phantom employee of the business to submit multiple residential mortgage loan applications containing materially false information. Last, Cirino possessed numerous hologram images depicting the seals of various States, in conjunction with blank plastic cards containing magnetic stripes and clear laminating film, suitable for fabricating false identification documents.
The sentence follows Cirino’s plea of guilty on October 18, 2017 to each of the counts contained in a pending Indictment charging him with four counts of mail fraud, two counts of fraudulent misrepresentation of a Social Security number, four counts of wire fraud, two counts of making false statements in a mortgage loan application, and a single count possession of an authentication feature, intending that the authentication feature be used in a false identification document.
“Rafael Cirino misused the identities of others to fraudulently obtain unemployment compensation benefits by engaging in a scheme to defraud the Pennsylvania Department of Labor and Industry,” said Richard Deer, Special Agent-in-Charge, Philadelphia Region, and U.S. Department of Labor Office of Inspector General. “We will continue to work with our federal, state, and local law enforcement partners to safeguard unemployment compensation benefits programs.”
The case was investigated by the Department of Labor’s Office of Inspector General, the United States Postal Inspection Service, the Pennsylvania State Police, the Spring Township Police Department, and the Pennsylvania Department of Labor and Industry, Internal Audits Division. The case is being prosecuted by Assistant United States Attorney Seth Schlessinger.
Senenca County Man Sentenced on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Eberhardt, 34, of Ovid, NY, who was convicted following a federal jury trial of distribution, receipt, and possession of child pornography, was sentenced to 180 months in prison and 15 years supervised release.
Assistant U.S. Attorneys Kyle Rossi and Craig Gestring, who handled the prosecution of the case, stated that Eberhardt was part of a network of more than 70 individuals engaged in the trading of child pornography. The network was first discovered by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations (HSI) working in Hartford, Connecticut. Agents from the Buffalo, NY Field Office of HSI uncovered a digital trail, which led to the arrest the defendant. In total, Eberhardt was found to be in possession of more than 2,000 images and 132 videos of child pornography. He was also found to have distributed child pornography to other individuals.
“Let this case serve as reminder, or better yet a warning, to those who feel protected committing their crimes in the virtual world online,” stated U.S. Attorney Kennedy. “We will track you down and prosecute you, and the consequences you will suffer as a result of your crimes may well include a very real—and very long—stay in a federal prison.”
“This sentencing ensures that Mr. Eberhardt will no longer have access to children.” said ICE-HSI Special Agent-in-Charge Kevin Kelly. “It is also a reminder that predators are increasingly utilizing social networking sites to prey on children, and of the need for parents to be vigilant and aware of their children's internet activity.”
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major Richard Allen.
Russian Citizen Sentenced to 18 Months in Federal Prison for Attempting to Illegally Export More Than $100,000 in Firearm Parts and AccessoriesRead the Press Release
CHICAGO — A Russian citizen was sentenced today to 18 months in federal prison for attempting to illegally export from the United States more than $100,000 in firearm parts, ammunition and accessories, including parts designed for assault rifles.
KONSTANTIN CHEKHOVSKOI was apprehended by Homeland Security Investigations (HSI) Special Agents at O’Hare International Airport in Chicago on April 26, 2017, as he attempted to board a flight for Stockholm, Sweden. In Chekhovskoi’s eleven checked bags were the firearm parts, ammunition and accessories, including bullets, rifle magazines, triggers, stocks, muzzle brakes and scopes, many of which were designed for assault rifles such as AK-47s and M4s. Chekhovskoi lacked the required license for the export-controlled items.
Chekhovskoi, 44, of St. Petersburg, Russia, pleaded guilty last year to one count of attempting to fraudulently and knowingly export firearm parts. U.S. District Judge Sara L. Ellis imposed the 18-month prison term and fined Chekhovskoi $100,000.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and James M. Gibbons, Special Agent-in-Charge of the Chicago office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Sergio Olivas, 31, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge.
Olivas was arrested on Jan. 22, 2018, on an indictment charging him with possession of more than 50 grams of methamphetamine with intent to distribute. According to the indictment, Olivas committed the offense on Dec. 4, 2017, in Chaves County, N.M.
During today’s change of plea hearing, Olivas pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Olivas faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of Homeland Security Investigations and the Chaves County Metro Narcotics Task Force and is being prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Rose Bud Resident Pleads Guilty to Production of Child PornographyRead the Press Release
Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today that Michael B. Stephens, Jr., 43, of Red Bud, Illinois, has pled guilty to an indictment charging him with two counts of production of child pornography. Stephens faces a term of imprisonment of 15 to 60 years, a fine of up to $500,000, and a term of supervised release of five years to life. Stephens will also have to register as a sex offender after he is released from prison. Stephens’s sentencing has been scheduled for June 29, 2018, at 10:00 a.m., in East St. Louis, Illinois.
The charges against Stephens stemmed from an investigation which revealed that in 2016 he used cellular phones and tablets to record himself engaging in sexual intercourse with a minor female on at least twenty-five occasions.
The case was investigated by the Federal Bureau of Investigation’s Springfield Child Exploitation Task Force, as well as the Waterloo, Illinois, Police Department. The case is assigned to Assistant United States Attorney Daniel T. Kapsak.
Robber with Forehead Tattoo Sentenced to 30 YearsRead the Press Release
RICHMOND, Va. – A man whose forehead tattoo helped victims and investigators confirm his identity was sentenced today to 30 years in prison for possessing a firearm during two robberies of convenience stores in late 2016.
According to court documents, Vince Nicholas, 24, of Petersburg, committed six robberies over a three month span in late 2016. On Dec. 11, 2016, Nicholas entered a 7-Eleven in Hopewell and robbed two store clerks for cash and products. During the robbery, the clerks noticed Nicholas had a distinct tattoo in the middle of his forehead. The clerks later described it as a “half-sun” shape. Law enforcement subsequently arrested Nicholas at his home after receiving an anonymous tip alleging that he was conducting the robberies. During a post-arrest interview, Nicholas admitted to the 7-Eleven robbery in Hopewell as well as five additional robberies where he can be identified by victims and/or on camera by his clothing and/or distinctive forehead tattoo.
During each robbery, Nicholas possessed and brandished the firearm toward store employees demanding money and, on at least one occasion, threatening the victims’ life.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Thomas L. Chittum, III, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge Robert E. Payne. Assistant U.S. Attorney Stephen E. Anthony prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:17-cr-120.
Repeat Offender Sentenced to 35 Years for Child PornographyRead the Press Release
CHARLOTTE, N.C. – Johnny Allen Hass, Jr., 49, of Charlotte, was sentenced today to 35 years in prison for transportation of child pornography charges, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina. U.S. District Judge Robert J. Conrad, Jr. also ordered Hass to serve a lifetime of supervised release and to register as a sex offender after he is released from prison.
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 court documents and information introduced at the sentencing hearing, on June 28, 2016, Hass used a peer-2-peer network to transport multiple files containing child pornography via the internet to an undercover FBI agent. During a subsequent search of Hass’s residence in Charlotte, law enforcement seized a thumb drive. Law enforcement also seized a cell phone from Hass. Forensic analyses of those devices revealed that Hass possessed 78 videos of child pornography, some of which depicted the sadistic and masochistic sexual abuse of prepubescent minors as well as other violent conduct.
Hass was convicted in Florida in 1987 for Attempted Lewd Assault Upon a Child, and for Aggravated Assault with a Deadly Weapon. In 1996, Hass was convicted federally for transportation of child pornography and again in 1998 for receipt of child pornography. He was also convicted in 2015 in Mecklenburg County for a sex offender registry violation. According to the terms of his supervised release for his prior federal convictions, Hass was prohibited from owning a computer, an internet hub, or any device that could access the internet.
Hass pleaded guilty to transportation of child pornography on August 7, 2017. He is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The FBI led the investigation. Assistant U.S. Attorney Cortney Randall of the U.S. Attorney’s Office in Charlotte prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (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.
Regional Enforcer of Gangster Disciples Sentenced to 30 Years in Prison for RacketeeringRead the Press Release
A Gangster Disciples gang member was sentenced today to 360 months in prison and five years of supervised release for conspiring to participate in a racketeering enterprise.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U. S. Attorney D. Michael Dunavant of the Western District of Tennessee, Special Agent in Charge Michael T. Gavin of the FBI’s Memphis Division, and Acting Special Agent in Charge Jack Webb of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Memphis Field Division, made the announcement.
Henry Cooper, aka Big Hen, 37, of Memphis, Tennessee, was sentenced by U.S. District Judge John T. Fowlkes Jr. of the Western District of Tennessee. Cooper previously pleaded guilty to conspiracy to participate in racketeering activity.
The Gangster Disciples is a highly organized national gang active in more than 24 states. The scope of the Gangster Disciples’ crimes is wide-ranging and consistent throughout its national operation. The gang protects its power through threats, intimidation, and violence, including murder, attempted murder, assault, and obstruction of justice. The Gangster Disciples promotes its enterprise through member-only activities and provides financial and other support to members charged with or incarcerated for gang-related offenses or who are fugitives from law enforcement.
Members and associates of the Gangster Disciples are subject to a strict code of discipline and are routinely fined, beaten, and even murdered for failing to follow the gang’s rules. “Enforcers” within the enterprise ensure that members who violate the strict rules of the enterprise are appropriately punished.
According to statements made at his sentencing hearing, Cooper was a Gangster Disciple from 1992 until the time of his arrest in 2016. Furthermore, he was a high-ranking member of the Gangster Disciples, and at the time of indictment and arrest in this case served as the Regional Enforcer for the State of Tennessee. As the Regional Enforcer, Cooper was responsible for enforcement in Tennessee and six other states, including Arkansas, Illinois, Indiana, Kentucky, Ohio, and Wisconsin. One of Cooper’s responsibilities was to pass along information from the Chief Enforcer for the Gangster Disciples to enforcers in these states. Cooper also oversaw the enforcement of punishments, supervised the criminal activities of other members, issued orders to commit violent offenses against rivals and subordinates, and presided over Gangster Disciple meetings where criminal activity was discussed.
Cooper also participated directly in the activities of the gang, including acts involving murder, kidnapping, assault, witness intimidation, narcotics distribution, and weapons trafficking. Cooper’s participation in the criminal activities of the Gangster Disciples spanned approximately 25 years.
The FBI; ATF; the Memphis Multi-Agency Gang Unit; the Memphis Police Department; the Shelby County, Tennessee Sheriff’s Office; the Jackson Police Department Gang Enforcement Team; the Tennessee Bureau of Investigation; the Madison County, Tennessee Sheriff’s Department; the 28th District West Tennessee Drug Task Force; The Tipton County, Tennessee, Sheriff’s Office; the 26th Judicial District Attorney General’s Office; the 25th Judicial District Attorney General’s Office; the Atascosa County, Tennessee District Attorney’s Office; and the Shelby County District Attorney General’s Office investigated this case. Trial Attorney Francesca Liquori of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Beth Boswell of the Western District of Tennessee and Samuel Stringfellow of the Northern District of Mississippi are prosecuting the case.
Previously Convicted Drug Trafficker Is Sentenced to 10 Years on Drug Conspiracy ChargesRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney R. Andrew Murray announced today that Christopher Michael Partlow, 46, of Bessemer City, N.C. was sentenced to 120 months in prison and five years of supervised release on drug conspiracy charges. U.S. District Judge Robert J. Conrad, Jr. presided over the sentencing.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division; Nick Annan, Special Agent in Charge of ICE’s Homeland Security Investigations (HSI) in Atlanta and the Carolinas; Chief Tom Ellis of the Bessemer City Police Department; and Chief Robert C. Helton of the Gastonia Police Department join U.S. Attorney Murray in making today’s announcement.
According to court documents and today’s sentencing hearing, from 2015 to 2017, Partlow was involved in a drug conspiracy operating in and around Gaston County, responsible for trafficking large amounts of narcotics. On January 17, 2017, law enforcement executed a search warrant at Partlow’s residence, seizing heroin, crack cocaine, and two firearms. Partlow has a prior federal drug trafficking conviction and is prohibited from possessing a firearm.
Partlow pleaded guilty in June 2017 to drug trafficking conspiracy. He is currently in federal custody and will be transferred to custody of the Federal Bureau of Prisons upon designation of a federal facility. Federal sentences are served without the possibility of parole.
This case stems from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
In making today’s announcement U.S. Attorney Murray thanks the Federal Bureau of Investigation, Charlotte Division; ICE’s Homeland Security Investigations in Charlotte; the Bessemer City Police Department; and the Gastonia Police Department for their investigation of the case.
Assistant U.S. Attorney Steven R. Kaufman of the U.S. Attorney’s Office in Charlotte was in charge of the prosecution.
Plainfield Man Sentenced to More Than 24 Years in Prison for Taking Sexually Explicit Photos of GirlRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that RYAN STONE, 30, of Plainfield, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 292 months of imprisonment, followed by 10 years of supervised release, for taking sexually explicit photos and videos of a young girl.
According to court documents and statements made in court, between March 30 and April 1, 2017, STONE took 36 sexually explicit photos and three sexually explicit videos of a six-year-old girl. The investigation revealed that STONE took the photos and videos with his phone. There is no evidence that STONE distributed the photos and videos to any other individuals.
STONE has been detained since April 19, 2017, when he was arrested by the Plainfield Police Department for criminal trespass in the first degree and criminal violation of a restraining order. On December 20, 2017, he pleaded guilty in federal court to one count of production of child pornography.
This matter was investigated by Homeland Security Investigations and the Plainfield Police Department. The case was prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
Pittsburgh Man Charged with Trafficking FentanylRead the Press Release
PITTSBURGH - A local man has been indicted by a federal grand jury in Pittsburgh, Pennsylvania, on a charge of distribution and possession with intent to distribute fentanyl, United States Attorney Scott W. Brady announced today.
The one-count indictment, returned on March 21, named Daniel Curtis Simon, 32, of Pittsburgh, Pennsylvania, as the sole defendant.
According to the indictment presented to the court, Simon distributed and possessed with intent to distribute a quantity of fentanyl, a Schedule II controlled substance, on or about December 1, 2017.
The law provides for a maximum total sentence of not more than 20 years in prison, a fine of not more than $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Special Assistant United States Attorney Jerome A. Moschetta is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and Pennsylvania State Police conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Picayune Men Sentenced to Federal Prison for Trafficking MethamphetamineRead the Press Release
Gulfport, Miss. - Timothy Jackson, 42, and Paul Simmons, Jr., 33, both from Picayune, were sentenced today by U.S. District Judge Sul Ozerden for their roles in the distribution of methamphetamine, announced U.S. Attorney Mike Hurst and Thomas M. Annello, Acting Special Agent in Charge of U.S. Immigration and Customs Enforcement's Homeland Security Investigations in New Orleans.
Jackson was sentenced to 140 months in federal prison followed by five years of supervised release, and Simmons was sentenced to 89 months in federal prison followed by three years of supervised release.
Jackson and Simmons both pled guilty on December 14, 2017, to one count of possession with intent to distribute methamphetamine. They were part of a five-person indictment against a group of individuals who were distributing methamphetamine in the Picayune area.
The case was investigated by Homeland Security Investigations and prosecuted by Assistant U.S. Attorney John Meynardie.
Philadelphia Woman Sentenced to 10 Years in Prison for Conspiring to Distribute Heroin and CocaineRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Suheidy Soto-Concepcion, age 33, of Philadelphia, Pennsylvania, was sentenced on March 20, 2018, to 10 years’ imprisonment by U.S. District Court Judge John E. Jones, III, for conspiring to distribute heroin in Lebanon County.
According to United States Attorney David J. Freed, the two-year investigation by the Drug Enforcement Administration and the Lebanon County Drug Task Force culminated with the execution of search warrants at 513 Arnold Street and 443 North 6th Street, in Lebanon, Pennsylvania, on May 14, 2015. During the search at 513 Arnold Street, law enforcement agents discovered a “heroin mill” where kilogram amounts of heroin were being processed on a weekly basis. The investigation revealed that Julio Aviles, Sr., a previously convicted drug dealer, owned and operated the heroin mill and employed a network of sellers, packagers, brokers and testers to conduct this illegal enterprise. All together 13 individuals were charged. Soto-Concepcion’s role was to supervise the packaging operation. Packagers were paid approximately $500 a week like factory workers to process and package the heroin for later distribution. The testers operated as quality assurance inspectors to ensure the heroin was of sufficient quality. At the time of the searches, law enforcement agents found over 400 grams of heroin, over 85 grams of cocaine powder, and over 71 grams of crack cocaine. A kilogram of heroin, which weighs approximately 2.2 pounds is equivalent to approximately 40,000 to 50,000 individual doses of heroin, any one of which can be fatal depending on its purity and the nature of its other ingredients. In this case the evidence established that the drug trafficking organization was mixing the heroin with Fentanyl, morphine, oxycodone and Lidocaine. Law enforcement agents estimated that this drug operation was distributing heroin, crack cocaine, and cocaine for a two-year period and during the last few months was distributing kilogram quantities of heroin, crack cocaine and cocaine powder. The value of the drugs distributed has a conservative street value of between $3 million and $5 million.
Located in the processing room were over 52,000 small Ziploc style bags, 37,000 small glassine bags and over 28,000 rubber bands that are used to package controlled substances. Each rubber band was used to package ten individual bags of heroin, called a bundle.
Law enforcement also located three handguns, ten rifles, six shotguns and paraphernalia consistent with a large-scale drug trafficking operation. During the search at 443 North 6th Street, law enforcement officers located additional quantities of heroin, cocaine powder, and crack cocaine along with drug packaging materials.
The investigation was conducted by the Drug Enforcement Administration, Lebanon County Drug Task Force, Lebanon County Detective Bureau, Lebanon City Police Department, Cornwall Borough Police Department, and assisted by the Lebanon County Probation Department. Assistant United States Attorney Daryl F. Bloom and Special Assistant United States Attorney Nichole Eisenhart, who also serves as the First Assistant District Attorney in Lebanon County, Pennsylvania, prosecuted the case.
This case was 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.
This case was also 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.
# # #
Pain Management Physician Sentenced to Eight Years for Health Care Fraud and Money LaunderingRead the Press Release
BOSTON – A Dover, Mass., pain management physician was sentenced today in federal court in Boston in connection with his scheme to defraud Medicare and other health care insurers, and then using the proceeds of his illegal activity to support his extravagant lifestyle.
Fathallah Mashali, 62, was sentenced by U.S. District Court Senior Judge Rya W. Zobel to eight years in prison, three years of supervised release and ordered to pay restitution of $8,725,120. In March 2017, Mashali pleaded guilty to 27 counts of health care fraud, one count of conspiracy to commit mail fraud, and 16 counts of money laundering.
Mashali, a licensed physician in Massachusetts and Rhode Island, operated New England Wellness & Pain Management, P.C., a/k/a New England Pain Associates, P.C., of Massachusetts and Rhode Island, a/k/a Greystone Pain Management, Inc., a/k/a New England Pain Institute, P.C. (NEPA). He also employed Egyptian doctors in Cairo, Egypt, who entered false information into U.S. patients’ medical records. Many of the patients at NEPA were Medicare beneficiaries.
From approximately October 2010 through March 2013, Mashali falsely billed Medicare for extensive medical services that he did not provide. He treated patients with chronic pain conditions and frequently gave his patients large doses of prescription medications, including powerful opiates. Mashali falsely stated in patients’ medical records and representations to Medicare and private insurance companies that he had seen patients for 25 minutes per appointment or longer, when in fact, Mashali often saw his patients for less than five minutes. In his brief interactions with his patients, Mashali did not perform any physical examinations and barely inquired into the patient’s medical status or history. In addition, he overbooked his patient appointments and arrived to work sometimes as late as four hours after his first scheduled appointment. His scheduling practices caused significant overcrowding at his offices and left him with no meaningful ability to assess each individual patient. Mashali then falsely documented that he conducted extensive physical exams, when he most often did not even touch his patients. As a result of his false statements, he obtained substantial reimbursement from Medicare and private insurance companies.
“Dr. Mashali ran his pain management practice as a pill mill,” said United States Attorney Andrew E. Lelling. “He overprescribed powerful narcotics without any discernible medical services to patients, and some patients died from overdoses. At one point, Dr. Mashali was one of the highest-volume prescribers of oxycodone in Massachusetts, second only to a leading Boston hospital. He took advantage of patients, his staff and the American healthcare system by defrauding Medicare. This sentence ensures that Dr. Mashali will never again treat – or mistreat – patients in order to line his own pockets at the expense of patient care.”
“Through his fraudulent schemes, Dr. Mashali exposed his patients to unnecessary risks, over-prescribed medications including powerful opiates, and recklessly failed to provide the appropriate level of treatment expected from our health care professionals,” said Harold Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “Not only did he exploit Medicare and taxpayer funded programs to support his lavish lifestyle, he lied, cheated, and stole from these programs. Playing fast and loose with the rules undermines the integrity of our healthcare system, contributes to its rising cost, and ultimately impacts on the quality of care expected from health care providers. This case should serve as a warning to others that the FBI is deeply committed to investigating cases of graft and greed in order to protect important taxpayer funded programs.”
Mashali also routinely billed Medicare and private insurers for urine drug test results that were false and fraudulent. He caused patients’ urine samples to be stored for weeks and up to three months unrefrigerated in a sunlit space in his laboratory in Holbrook, Mass., which left them degraded and worthless. The decomposition caused a significant stench of stale urine throughout the lab. Mashali nevertheless made his lab technicians test all the old urine, while well aware that his practice of urine sample storage was wrong. When inspectors showed up at his lab, he directed his staff to move the unrefrigerated urine out of sight.
Mashali mandated that his staff run every patients’ urine sample on two machines, each of which used the same scientific testing methodology, which Mashali knew was contrary to Medicare billing rules. He caused every patients’ urine specimen to be chemically confirmed, despite the fact that he did not even know the result of the initial urine drug screening test, knowing that this was also contrary to Medicare billing rules. Moreover, Mashali ran tests on chemical analyzers that had not been properly calibrated and validated.
When Medicare began to inquire about Mashali’s unlawful billing practices and initiated an audit of Mashali’s medical services, requesting 40 patient medical files, Mashali caused his staff both in the United States and in Egypt to falsely alter patient records. This included falsifying patient encounters which had taken place sometimes one or more years earlier, and faking and backdating the results of patients’ urine drug tests. Mashali knew that his patient records would not pass muster with Medicare’s auditors and thus ordered his staff to make these changes.
Mashali used the proceeds derived from his fraudulent billing to fund a lavish lifestyle, spending money on his extravagant Dover residence and a condominium in Florida. For example, he ordered the construction of a carriage house and outfitted his Dover home with a squash court and movie theater.
“Today’s sentence underscores our ongoing commitment to protecting the American people from all forms of healthcare fraud, safeguarding taxpayer resources and ensuring the integrity of essential healthcare programs,” said Special Agent in Charge Phillip M. Coyne of the U.S. Department of Health and Human Services Office of Inspector General. “Today we’re sending a strong, clear message to anyone seeking to defraud Medicare: You will get caught and you will pay the price.”
“This case demonstrates the high-level of commitment and perseverance by all law enforcement partners to combat health care fraud,” said Anthony M. DiPaolo, Chief of Investigations for the Insurance Fraud Bureau. “Dr. Mashali took advantage of his patients and deprived them of proper health care while defrauding Medicare and other health care insurers. The IFB has zero tolerance for this type of fraud and continues to fight health care fraud for the citizens of the Commonwealth. The success of this case is due to the collaborative effort of all agencies involved.”
“The sentence imposed by the court today sends a strong message to the health care community - those who defraud Medicare and private insurers to unjustly enrich themselves will pay a hefty price,” said Special Agent in Charge Joel P. Garland, IRS Criminal Investigation. “As a physician entrusted to promote the health of his patients, Mr. Mashali’s conduct is especially egregious. He jeopardized lives by providing substandard care and often prescribed powerful opiates, contributing to the current epidemic. The IRS will continue to bring our financial expertise to health care schemes investigated jointly with our partners.”
U.S. Attorney Lelling; FBI SAC Shaw; HHS-OIG SAC Coyne; Massachusetts IFB Chief DiPaolo; IRS-CI SAC Garland; and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Assistant U.S. Attorneys Maxim Grinberg, Abraham R. George and Doreen Rachal of Lelling’s Office prosecuted the case.
Owner of Sharebeast.com sentenced for copyright infringementRead the Press Release
ATLANTA - Artur Sargsyan has been sentenced for the crime of criminal copyright infringement for private financial gain while operating a massive file-sharing infrastructure that distributed approximately 1 billion copies of copyrighted musical works through Internet downloads. Sargsyan’s file-sharing websites, which contained numerous pop-up advertisements, generated significant profit for him when visitors accessed the websites to illegally download copyrighted works.
“Sargsyan operated one of the most successful illegal music sharing websites on the Internet,” said U.S. Attorney Byung J. “BJay” Pak. “His reproduction of copyrighted musical works were made available only to generate undeserved profits for himself. The incredible work done by our law enforcement partners and prosecutors in light of the complexity of Sargsyan’s operation demonstrates that we will employ all of our resources to stop this kind of theft.”
“Mr. Sargsyan was warned several times that he was violating the law by illegally sharing copyrighted works, but chose to ignore those warnings,” said David J. LaValley, Special Agent in Charge of FBI Atlanta. “His sentence sends a message that no matter how complex the operation, the FBI, its federal partners and law enforcement partners around the globe will go to every length to protect the property of hard working artists and the companies that produce their art.”
According to U.S. Attorney Pak, the charges and other information presented in court: Artur Sargsyan owned and operated a number of websites including Sharebeast.com, Newjams.net, and Albumjams.com. From at least 2012 through 2015, Sargsyan illegally distributed and reproduced copyrighted works through Sharebeast.com. Using a network of websites that he owned and operated, including Newjams.net and Albumjams.com, Sargsyan created links to a wide swath of copyright-protected music that was stored on Sharebeast.com. Sharebeast illegally stored and distributed works from scores of artists, including Bruno Mars, Linkin Park, Pitbull, Pharrell Williams, Gwen Stefani, Maroon 5, Ariana Grande, Destiny’s Child, Ciara, Katy Perry, Beyonce, Jennifer Hudson, Kanye West, and Justin Bieber. Meanwhile, Sargsyan profited from the distribution of the copies of these copyrighted works.
According to the Recording Industry Association of America (“RIAA”), Sharebeast.com was the largest online file-sharing website specializing in the reproduction and distribution of infringing copies of copyrighted music operating out of the United States. From 2012 to 2015, the RIAA sent Sargsyan over 100 e-mails notifying him that Sharebeast.com was illegally hosting and sharing copyright-infringing works. Sargsyan continued, however, to make the copyright-infringing files available for download, disregarding the many warnings that he received. The RIAA conservatively estimated the total monetary loss to its member companies at $6.3 billion.
Artur Sargsyan, 30, of Glendale, California, was sentenced by U.S. District Judge Timothy C. Batten, Sr., to five years in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $458,200. He was also ordered to forfeit $184,768.87. Sargsyan was convicted on these charges on September 1, 2017, after he pleaded guilty.
This case was investigated by the FBI.
Assistant U.S. Attorneys Samir Kaushal and Kamal Ghali prosecuted the case. John Zacharia, formerly the Deputy Chief for Litigation for the Computer Crime and Intellectual Property Section, previously prosecuted the case. The prosecution reflects a coordinated effort by the U.S. Attorney’s Office for the Northern District of Georgia, the Department of Justice Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS), the Office of International Affairs, the FBI’s field offices in Atlanta, Denver, Chicago, and Los Angeles, and the U.S. Attorney’s Office for the Central District of California. Substantial assistance was provided by the United Kingdom’s National Crime Agency and the Ministry of Security and Justice in the Netherlands.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Oakley Resident Sentenced to 30 Months in Prison for Conspiracy to File False Federal Tax ReturnsRead the Press Release
OAKLAND – Yvonne Palmore was sentenced today to 30 months in prison and ordered to pay $366,269.50 in restitution for conspiring to file false federal tax returns, announced Acting United States Attorney Alex G. Tse and Internal Revenue Service, Criminal Investigation (IRS-CI), Special Agent in Charge Michael T. Batdorf. The sentence was handed down by the Honorable Yvonne Gonzalez Rogers, U.S. District Judge, following the entry of Palmore’s guilty plea to the charge.
Palmore, 53, of Oakley, Calif., pleaded guilty on October 5, 2017, to one count of conspiracy to file false claims. According to her plea agreement, Palmore admitted she was involved in filing 131 false federal income tax returns using the names and identities of individuals without their knowledge or consent. Palmore inserted account depository numbers on the tax returns that directed the IRS to pay refunds into bank accounts that she controlled. Palmore attempted to obtain refunds of $1,238,346. The IRS paid $366,269.50. Some of the depository accounts were linked to pre-paid debit cards that Palmore used to purchase postal money orders that she used for her own personal use.
A federal grand jury indicted Palmore on November 10, 2016, charging her with conspiracy to file false claims, in violation of 18 U.S.C. § 286; filing false claims, in violation of 18 U.S.C. § 287; theft of government property, in violation of 18 U.S.C. § 641; and aggravated identity theft, in violation of 18 U.S.C. § 1028A. Pursuant to her plea agreement, Palmore pleaded guilty to the conspiracy count and the remaining counts were dismissed.
In addition to the prison term, Judge Gonzalez Rogers also sentenced the defendant to a 3-year period of supervised release. The defendant will begin serving the sentence on June 1, 2018.
Assistant U.S. Attorney Cynthia Stier is prosecuting the case. The prosecution is the result of an investigation by the IRS-CI.
Nicholasville Men Indicted for School Shooting Threat Hoax and CyberstalkingRead the Press Release
LEXINGTON Ky. – Two Nicholasville, Ky., men were indicted today for using social media to post a false threat about a prospective shooting at one or more Jessamine County schools and for using social media to harass and intimidate an individual victim with those same threats.
A federal grand jury in London returned an indictment charging 18-year-old Tristan Kelly and 19-year-old Cody Ritchey with one count of conveying false information and hoaxes and one count of cyberstalking. The indictment alleges that Kelly and Ritchey used Snapchat to spread false information that a third individual would attack Jessamine County schools with firearms and to harass K.S., an innocent victim, with threats that caused K.S. substantial emotional distress. According to the indictment, Kelly and Ritchey spread the false information and threats on or about February 17, 2018.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Amy Hess, Special Agent in Charge, Federal Bureau of Investigation; and Todd Justice, Chief of the Nicholasville Police Department, jointly announced the indictment. The investigation preceding the indictment was conducted by the Nicholasville Police Department and the Federal Bureau of Investigation. The indictment was presented to the grand jury by Assistant U.S. Attorney Andrew Boone.
A date for Kelly and Ritchey to appear in federal court has not yet been scheduled. They face up to 5 years in prison and a fine of $250,000 for each charge. However, any sentence following a conviction would be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Newfoundland Woman Indicted for Bankruptcy FraudRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Linda Ferris, age 55, of Newfoundland, Pennsylvania, was indicted on March 20, 2018, by a federal grand jury for knowingly filing false bankruptcy documents and hiding assets during her bankruptcy case.
According to United States Attorney David J. Freed, the indictment alleges that Ferris filed for bankruptcy in July 2013 and did not disclose all of her assets to the bankruptcy court. The indictment further alleges that prior to a Chapter 7 Bankruptcy hearing in September 2013, Ferris lied on her schedule of assets by hiding some of those assets in a sham mortgage in Florida that was set up less than two weeks before filing for bankruptcy.
The charges stem from an investigation by the Federal Bureau of Investigation and the United States Trustee’s Office. Assistant United States Attorney Evan Gotlob is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
The maximum penalty under federal law is 5 years of imprisonment, a term of supervised release following imprisonment, and a maximum fine of $250,000. 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.
# # #
New Orleans Man Pleads Guilty to Felon in Possession of a Firearm ChargeRead the Press Release
U.S. Attorney Duane A. Evans announced that RODNEY LAVALAIS, age 32, of New Orleans, pled guilty today to an indictment charging him with being a felon in possession of a firearm.
LAVALAIS previously pled guilty to a federal gun charge in 2008 in the Eastern District of Louisiana. Federal law prohibits individuals who have been convicted of certain crimes from possessing firearms after being convicted.
According to court documents, LAVALAIS was arrested on November 3, 2016, as a result of a multi-agency investigation conducted by Kenner Police Department, New Orleans Police Department, Louisiana State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Kenner Police Department conducted an operation targeted at illegal escort services and prostitution at Kenner hotels. During the investigation, law enforcement officers learned of LAVALAIS’ when he was observed as the get-away driver of a vehicle transporting an escort who stole money from a Kenner Police Department detective, during a sting operation. Detectives conducted a search of the car being operated by LAVALAIS and located a loaded Glock .40 caliber handgun inside of the car. Detectives also conducted a search of LAVALAIS’ phone and found a video of LAVALAIS at a local fire range, firing a gun that is believed to be the same gun that was discovered inside of the car.
Judge Lance Africk will sentence LAVALAIS on June 28, 2018. LAVALAIS faces a maximum sentence of 10 years for the offense.
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.
U.S. Attorney Duane A. Evans praised the work of the Kenner Police Department, New Orleans Police Department, Louisiana State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives in investigating this matter. Assistant United States Attorney Brittany L. Reed is in charge of the prosecution.
New Orleans Attorney Pleads Guilty to Bank TheftRead the Press Release
HILLIARD FAZANDE, III (“FAZANDE”), age 50, of New Orleans, Louisiana, pled guilty today to bank theft, announced United States Attorney Duane A. Evans.
According to court documents, on October 26, 2015, FAZANDE opened a bank account at the Whitney branch located at 3001 Holiday Drive in New Orleans, Louisiana. On October 30, 2015, FAZANDE endorsed and deposited a TD Bank $387,000 cashier’s check made payable to “Attorney Hilliard C. Fazande III” into his account at the Whitney branch located at 3001 Holiday Drive in New Orleans, Louisiana. On October 31, 2015, FAZANDE went to the Whitney branch located at 8300 Louisiana Highway 23 in Belle Chasse, Louisiana and presented a bank teller with a temporary Whitney check in the amount of $5,000.00 knowing that he did not have sufficient funds to cover the transaction due to a bank hold on the $387,000.00 check. On October 31, 2015, FAZANDE, while at the Whitney branch located at 8300 Louisiana Highway 23 in Belle Chasse, Louisiana, made a $5,000.00 cash withdrawal from his account. On November 4, 2015, a Whitney employee contacted FAZANDE and advised him that the $387,000.00 check was counterfeit and that he must return the $5,000.00 he withdrew. FAZANDE never returned the money to the Whitney Bank.
FAZANDE faces a sentence of up to ten (10) years imprisonment, followed by a term of supervised release of up to three (3) years, and a $250,000.00 fine.
FAZANDE will be sentenced by U.S. District Court Judge Nannette Jolivette Brown on June 28, 2018.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. The prosecution of this case is being handled by Fraud Section Chief, Assistant U. S. Attorney Brian M. Klebba.
Nevada County Man Found in Possession of 1,283 Pounds of Marijuana Is Charged in Interstate Marijuana Trafficking ConspiracyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Jose Gregorio Luna, 33, of Nevada City, charging him with conspiracy to distribute marijuana, possession with intent to distribute marijuana, and manufacturing marijuana, U.S. Attorney McGregor W. Scott announced.
According to court documents, Luna operated an interstate marijuana trafficking operation that distributed marijuana from Nevada County in California to Georgia, Illinois, New York, and Tennessee. On March 13, 2018, law enforcement officers executed a search warrant at Luna’s residence and seized 1,283 pounds of marijuana and 576 marijuana plants.
This case is the product of an investigation by the Nevada County Sheriff’s Office and the Drug Enforcement Administration. Assistant U.S. Attorneys Quinn Hochhalter and Justin Lee are prosecuting the case.
If convicted, Luna faces a maximum statutory penalty of 40 years in prison and a $5 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Navajo Man from Ramah, N.M., Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Patrick Begay, 35, an enrolled member of the Navajo Nation who resides in Ramah, N.M., pled guilty today in federal court in Albuquerque, N.M., to assault charges.
Begay was arrested on Jan. 23, 2018, on a three-count indictment charging him with assault with a dangerous weapon, a baseball bat, with intent to do bodily harm; assault with a dangerous weapon, a knife, with intent to do bodily harm; and assault resulting in serious bodily injury. According to the indictment, Begay committed the offenses on May 12, 2017, on the Navajo Indian Reservation in Cibola County, N.M.
During today’s hearing, Begay pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Begay faces a maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Joseph M. Spindle is prosecuting the case.
Natchez Man Indicted and Arrested on Drug and Firearm ChargesRead the Press Release
Jackson, Miss. – Kevin Singleton, a/k/a "Sing," 40, of Natchez, has been charged in a three-count federal indictment with possession of a controlled substance with intent to distribute, possession of a firearm by a convicted felon, and possession of a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Mike Hurst, Drug Enforcement Administration (DEA) Special Agent in Charge Stephen G. Azzam, and Mississippi Bureau of Narcotics (MBN) Director John M. Dowdy, Jr.
Singleton is scheduled to appear for an arraignment today in Jackson at 1:30 p.m. before U.S. Magistrate Judge Linda R. Anderson.
On March 2, 2018, federal, state, and local law enforcement agents executed a search warrant at Singleton’s residence in Natchez, Mississippi, and seized large quantities of heroin, cocaine, and methamphetamine, in addition to approximately $1.1 million and three firearms.
According to Count 1 of the indictment, on or about March 2, 2018, Singleton possessed with intent to distribute 1 kilogram or more of heroin, 5 kilograms or more of cocaine, and 50 grams or more of methamphetamine. The maximum penalty for this offense is 20 years to life in prison and a $20 million fine.
Count 2 of the indictment charges that, on the same date, Singleton possessed firearms after he had been convicted previously of a felony crime. The maximum penalty for this offense is 10 years in prison and a $250,000 fine.
Count 3 of the indictment charges that Singleton possessed firearms in furtherance of a drug trafficking crime. The maximum penalty for this offense is 10 years in prison in addition to any sentence handed down for possession with intent to distribute (Count 1).
The indictment also provides notice that the United States intends to pursue forfeiture of the $1.1 million seized from Singleton’s residence as well as the firearms which the indictment
identifies as a Glock .40 caliber semi-automatic handgun, a DPMS A-15 semi-automatic rifle, and a Smith & Wesson .38 caliber revolver, in addition to any ammunition.
The case was investigated by the Drug Enforcement Administration, the Mississippi Bureau of Narcotics, the Adams County Sheriff’s Office, and the U.S. Postal Service, with assistance from the Bureau of Alcohol Tobacco Firearms and Explosives, the Federal Bureau of Investigation, U.S. Marshals Service, the Pearl Police Department, the Mississippi Highway Patrol, and the Madison County Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Carla J. Clark.
The public is reminded that a criminal indictment is a formal charge against a defendant. It is merely an accusation and a defendant is presumed innocent unless and until proven guilty in a court of law.
Nashville Man Responsible for Multiple Acts of Violent Crime in Public Housing Areas Pleads Guilty to Federal Firearms ChargesRead the Press Release
A Nashville, Tennessee man at the heart of violent crime activity in the J.C. Napier and Tony Sudekum Public Housing neighborhoods pleaded guilty yesterday in U.S. District Court to brandishing and discharging a firearm during a crime of violence, announced U.S. Attorney Don Cochran of the Middle District of Tennessee.
Aweis Haji-Mohamed, a/k/a Son Son, 28, was indicted in July 2016, and charged with a variety of federal firearms offenses relating to his involvement in an on-going violent crime wave, including armed robberies and murders. Haji-Mohamed was one of 36 individuals charged by July 2016, as a result of a targeted investigation by local and federal law enforcement, which began in March 2015 as a response to violent crime in certain Public Housing Developments.
Among other crimes, Haji-Mohamed was charged with and admitted to planning and committing an armed robbery of a street level cocaine dealer in the Tony Sudekum neighborhood in January 2015. During this robbery, Haji-Mohamed fired a .40 caliber semi-automatic pistol at the stepson of the man he was robbing, when the stepson stepped out of his apartment to find out what the commotion was.
Haji-Mohamed admitted that he also planned and robbed another cocaine dealer named Isaiah Starks, in the Tony Sudekum area in January 2015. During this robbery, Haji-Mohamed fired a shot into the ground from a .40 caliber handgun, as another individual held a gun on Starks and other occupants of his vehicle. In the early morning hours of February 9, 2015, Haji-Mohamed returned to the same area to find Starks and shot him in the head and killed him, using a pistol that he and another individual stole during the January 22, 2015 armed robbery of a Cricket Wireless Store, near the J.C. Napier neighborhood.
On January 24, 2015, Haji-Mohamed entered a house on Joseph St., in Nashville, armed with a .40 caliber semi-automatic handgun and looking for a Bloods gang member that he had been in an argument with earlier, as a result of Haji-Mohamed stealing a gun from another Bloods Gang member. The house was occupied by the gang member’s elderly grandmother and other persons, including several juveniles and a disabled child. Not finding the person he was looking for, Haji-Mohamed fired numerous rounds into the walls and floor before leaving the house.
Haji-Mohamed was eventually arrested on August 25, 2015, by Metropolitan Nashville Police S.W.A.T. officers, who found him hiding in the trunk of a vehicle in the garage of a woman’s house. At the time of his arrest, Haji-Mohamed was again in illegal possession of another firearm.
Haji-Mohamed will be sentenced by Chief U.S. District Judge Waverly Crenshaw, Jr., on July 6, 2018.
This case was investigated by the Metropolitan Nashville Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives. The case is being prosecuted by Assistant U. S. Attorneys Sunny A.M. Koshy and Van S. Vincent.
Monroe County Man Guilty of Heroin Trafficking and Firearms ChargeRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Daryl Trent, age 43, of East Stroudsburg, Pennsylvania, pleaded guilty on March 20, 2018, before Senior U.S. District Court Judge James M. Munley to possession with intent to distribute heroin and possessing a firearm in furtherance of a drug trafficking crime.
According to United States Attorney David J. Freed, Trent admitted to committing the drug offense on March 16, 2015, and committing the gun offense on July 25, 2014. Both crimes occurred in Monroe County. Trent admitted to possessing with intent to distribute between 10 and 20 grams of heroin, which is approximately equivalent to between 400 and 800 retail bags of heroin.
Judge Munley ordered a presentence report to be completed, and scheduled sentencing for June 18, 2018.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police from Monroe County. Assistant U.S. Attorney Francis P. Sempa 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.
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 is life in prison, a term of supervised release following imprisonment, and a fine. The firearms charge also carries a mandatory minimum penalty of five years’ imprisonment, and the sentence imposed for that offense must run consecutive to any other sentence. 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.
# # #
Minden felon sentenced to 21 months in prison for possessing a revolverRead the Press Release
SHREVEPORT, La. – United States Attorney Alexander C. Van Hook announced today that a man from Minden was sentenced to 21 months in prison for unlawfully possessing a revolver.
Jeremy Moro, 40, of Minden, La., was sentenced by U.S. District Judge Elizabeth E. Foote on one count of possession of a firearm by a convicted felon. He was also sentenced to three years of supervised release. According to the December 1, 2017 guilty plea, the Minden Police Department arrested Moro while investigating a domestic abuse issue on September 8, 2016. After responding to the complaint, police found Moro laying on his couch with a Taurus Model: The Judge 45 caliber five-shot revolver in the waistband of his pants. He was previously convicted of a felony for his role in a cross-burning in October 2008 in Louisiana.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safe for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The ATF, FBI, Webster Parish Coroner’s Office and Minden Police Department conducted the investigation. Assistant U.S. Attorney Mary J. Mudrick prosecuted the case.
Michigan residents admit to roles in oxycodone distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Two Detroit Michigan residents have admitted to their roles in a drug distribution operation, United States Attorney Bill Powell announced.
Darmatrice Love, age 32, and Kenyata Boudreaux, age 41, each pled guilty to one count of “Aiding and Abetting Maintaining Drug-Involved Premises.” Love and Boudreaux admitted to managing an apartment on Riddle Avenue in Morgantown, West Virginia, to distribute oxycodone. The crime occurred from October 2016 to March 2017.
Love and Boudreaux each face up to 20 years incarceration and a fine of up to $500,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the cases on behalf of the government. The Mon Valley Drug and Violent Crime Drug Task Force, a HIDTA-funded initiative, led the investigation. The Task Force consists of the U.S. Drug Enforcement Administration. the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, Monongalia County Sheriff’s Office, Morgantown Police Department, the Star City Police Department, the West Virginia State Police, the West Virginia University Police Department, the Granville Police Department, and the Monongalia County Prosecuting Attorney’s Office.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Michael John Aloi presided.
Metairie Man Pleads Guilty to Selling Explosive Devices, Manufacturing Anabolic Steroids in Federal CaseRead the Press Release
U.S. Attorney Duane A. Evans announced that BRAD MILLIGAN, age 39, of Metairie, has pled guilty to manufacturing and distributing explosive materials without a license and possessing anabolic steroids with the intent to distribute. MILLIGAN did not possess a license to distribute either the explosives or anabolic steroids.
According to court documents, the Bureau of Alcohol, Tobacco, Firearms and Explosives began investigating the shipment of explosive precursor chemicals which are used to manufacture explosive devices, such as M-type explosive devices. ATF agents learned that MILLIGAN was purchasing large quantities of the precursor materials, all of which were ordered over the internet and delivered to his Metairie residence. A Crimestoppers tipster anonymously provided information to the Jefferson Parish Sheriff’s Office which stated that MILLIGAN was selling explosive devices and anabolic steroids from his residence. Members of the JPSO and the ATF began a joint investigation into the information provided.
Judge Nannette Jolivette Brown will sentence MILLIGAN on June 28, 2018. MILLIGAN faces a maximum term of imprisonment of ten years, a fine of up to $250,000.00, three years supervised release after imprisonment, and a mandatory $100 special assessment.
U.S. Attorney Duane A. Evans praised the work of Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney Brittany L. Reed is in charge of the prosecution.
Meriden Man Sentenced to 5 Years in Prison for Role in Cocaine Trafficking RingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that RIGOBERTO HERNANDEZ, also known as “Tito,” 36, of Meriden, was sentenced yesterday by U.S. District Judge Vanessa L. Bryant in Hartford to 60 months of imprisonment, followed by five years of supervised release, for his role in a central Connecticut cocaine and crack cocaine trafficking ring.
This matter stems from a joint investigation headed by the DEA New Haven Task Force that has included the use of court-authorized wiretaps, controlled purchases of crack cocaine, and seizures of cocaine and cash proceeds. The investigation revealed that an associate of HERNANDEZ was operating a cocaine and crack cocaine trafficking ring while he was incarcerated in state custody. Consensually recorded prison calls established that HERNANDEZ began servicing his associate’s drug customers after his associate was arrested.
On July 20, 2017, a grand jury in New Haven returned a nine-count indictment charging HERNANDEZ and 10 other individuals with various offenses. HERNANDEZ was arrested on July 26, 2017. On December 19, he pleaded guilty to one count of with conspiracy to distribute and to possess with intent to distribute 500 grams or more of cocaine and 28 grams or more of cocaine base (“crack”).
HERNANDEZ has been detained since his arrest.
This matter is being investigated by the DEA New Haven Task Force, U.S. Postal Inspection Service and the Middletown and New Britain Police Departments. The DEA New Haven Task Force includes participants from the New Haven, Hamden, West Haven, North Haven, East Haven, Branford, Ansonia, Meriden and Derby Police Departments, and the U.S. Marshals Service.
The case is being prosecuted by Assistant U.S. Attorney H. Gordon Hall.
Members and Associates of 18th Street Gang Indicted for Murder of Fellow Gang Member They Suspected of Being an InformantRead the Press Release
Earlier today, a federal grand jury in Brooklyn returned a four-count indictment charging 18th Street gang members and associates Yanki Misael Cruz-Mateo, Israel Mendiola Flores and Sergio Gerardo Herrera-Hidalgo with murder conspiracy and the October 25, 2017 murder of a fellow 18th Street gang member who was suspected of being an informant for law enforcement. A fourth defendant, Cristian Perez, was indicted for helping Cruz-Mateo to evade capture by law enforcement after the murder. Cruz-Mateo also faces firearms-related charges. Cruz-Mateo, Herrera and Perez are in federal custody. Flores is in custody in Ulster County, New York. The defendants will be arraigned on the indictment at the federal courthouse in Brooklyn on a date and time to be determined.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Holley Carnright, District Attorney for Ulster County, announced the charges.
“As alleged in the court filings, these defendants committed and concealed a brutal murder against one of their own members because they suspected he had been cooperating with law enforcement,” stated United States Attorney Donoghue. “Violent street gangs like 18th Street perpetuate bloodshed to maintain allegiance and increase members’ status within the gang. This Office is committed to working with our federal, state, and local law enforcement partners to eradicate these destructive gangs.” Mr. Donoghue also expressed his appreciation to the United States Attorney’s Office for the Northern District of New York, the New York State Police and the Kingston Police Department for their assistance during the investigation.
“Gang members don’t follow the same rule of law the rest of the community does, showing no hesitation to use violence and murder to further their activities,” stated FBI Assistant Director-in-Charge Sweeney. “This case proves our dogged work to get them off the streets won’t slow down or stop. These gang members will now face justice based on the incredible partnership of the FBI, the Ulster County District Attorney’s Office, the New York State Police, the Kingston Police Department and our FBI Albany Division.”
“What these gang individuals did to that young, unarmed man is very, very, disturbing,” stated Ulster County District Attorney Carnright. “My office and the entire law enforcement community of Ulster County have offered and will continue to offer every assistance to Assistant United States Attorneys Dayananda and Lax to assure that these 18th Street gang members are brought to justice.”
As alleged in the indictment and detailed in court filings, 18th Street is a violent street gang comprised primarily of immigrants from Central America and Mexico with members located throughout Queens, New York, and elsewhere, divided into local chapters or “canchas.” The defendants are members and associates of the 18th Street gang’s chapters in Jamaica, Queens and Kingston, New York.
On the night of October 24, 2017 into the earlier morning hours of October 25, Cruz-Mateo lured a fellow 18th Street gang member, who was suspected of cooperating with law enforcement, to travel with him by bus from New York City to Kingston. Once they arrived in Kingston, Cruz-Mateo and the victim met with Herrera-Hidalgo who escorted them to Turkey Point State Forest, a 140-acre wooded park and swamp bordering the western bank of the Hudson River in Ulster County. Cruz-Mateo, Herrera-Hidalgo and Flores then stabbed the victim repeatedly. After the murder, Cruz-Mateo returned to Queens and sent a video recording of the attack to another individual. The video, which was obtained by the FBI, shows Flores slashing the victim across his neck and Cruz-Mateo severing the victim’s ear.
After the murder, Cruz-Mateo, Flores and Herrera-Hidalgo buried the victim in a makeshift grave in the forest. In February 2018, after boasting in text messages about shooting a rival MS-13 gang member in Queens, Cruz-Mateo fled to Kingston, where Perez sheltered Cruz-Mateo to conceal his location from authorities.
The charges in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted Cruz-Mateo, Herrera-Hidalgo and Flores each face life imprisonment, and Perez faces up to 15 years’ imprisonment.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Jonathan P. Lax and Soumya Dayananda are in charge of the prosecution.
The Defendants:
YANKI MISAEL CRUZ-MATEO (also known as “Yankee Mateo,” “Doggy” and “Wino”)
Age: 19
Jamaica, New YorkISRAEL MEDIOLA FLORES (also known as “Chapito” and “Sinaloa”)
Age: 23
Kingston, New YorkSERGIO GERRARDO HERRERA-HIDALOG (also known as “Street Boy”)
Age: 19
Kingston, New YorkCRISTIAN PEREZ (also known as “Muletas”)
Age: 20
Kingston, New YorkE.D.N.Y. Docket No. 18-CR-139 (LDH)
Massachusetts Man Sentenced in Xerox Fraud CaseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Ofstein, of Boston, Massachusetts, who was convicted of wire fraud, was sentenced to five years probation and ordered to pay $6,031,141 in restitution to the Xerox Corporation by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that Ofstein worked for Vestcom Corporation in Massachusetts and his duties included ordering printing supplies from the Xerox Corporation for his company. Xerox provides branded printing toner to customers who have entered into lease contracts for office equipment. As part of a lease, the customer is invoiced a flat rate per month for office equipment, including printers, copiers, scanners, multifunction devices, and graphic arts production equipment. In order to operate each piece of equipment, supplies are required, including toner. The supplies can be expensive to buy individually, so Xerox offers an “all-inclusive” contract. Xerox provides the supplies and the customer pays the company based on the number of prints made with the supplies. The supplies must be consumed by the customer and at all times remain the property of Xerox until consumed in the leased equipment.
Between 2012 and 2016, Ofstein ordered excess supplies from Xerox without the knowledge of the company knowledge and which Vestcom did not need. The defendant then sold the excess supplies to an individual located in Miami, Florida. The retail value of the excess supplies sold by Ofstein was approximately $6,031,141.
The sentencing was the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Man Convicted of Hate Crime for Using a Stun Device During a Racially-Motivated Assault of His NeighborRead the Press Release
Following a three-day trial, a jury found Mark Porter, 59, of Lake Havasu City, Arizona, guilty yesterday of committing a federal hate crime when he used a stun device during the racially-motivated assault of a neighbor at his apartment complex in Draper, Utah. Assistant Attorney General for the Civil Rights Division John Gore, U.S. Attorney for the District of Utah John W. Huber, and Special Agent in Charge for the Salt Lake City Field Office of the Federal Bureau of Investigation Eric Barnhart announced that the defendant was found guilty of the only offense charged in the indictment, a violation 42 U.S.C. § 3631 for using force and the threat of force to injure, intimidate, and interfere with an African-American man because of his race and because of his occupancy of a nearby apartment in the complex. The jury further found that the defendant used a dangerous weapon – a stun cane.
Evidence presented at trial showed that the defendant shouted a racial slur at the victim’s 7-year-old son as the boy rode on a scooter in a common area at the apartment complex. After the defendant told the child to “get out of here,” he used the stun cane to injure the victim, knocking the victim to the ground. The defendant then used a racial slur to refer to the victim and his son and told them both to “get out of here.”
Evidence presented at trial also established that, prior to the incident, the defendant had told an employee and maintenance staff at the apartment complex that he did not want to live near any African-Americans. Immediately prior to the incident with the boy and his father, the defendant told another neighbor that he thought that African-Americans needed to be “exterminated.”
“Porter’s violent conduct, motivated by his intolerance of another race, is an egregious crime that will not be tolerated by this Justice Department,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “We will continue to protect the civil rights of all individuals and vigorously prosecute hate crime cases.”
“There is no place in Utah for race-motivated hatred and violence,” said U.S. Attorney John W. Huber. “All families deserve the opportunity to live peaceably in their homes where they may pursue happiness in safe environments. The jury in this case spoke on behalf of our Utah communities and definitively stated that this criminal conduct will not be tolerated.”
Sentencing is set for May 30 before U.S. District Judge Dee Benson of the District of Utah. The defendant faces a maximum sentence of 10 years and a fine of $250,000.
The case was investigated by the Salt Lake City Field Office of the FBI. The case is being prosecuted by Assistant U.S. Attorney J. Drew Yeates of the United States Attorney’s Office and Trial Attorney Rose E. Gibson of the Civil Rights Division’s Criminal Section.
Man Convicted of Hate Crime for Using A Stun Device During A Racially-Motivated Assault of His NeighborRead the Press Release
SALT LAKE CITY – Following a three-day trial, a jury found Mark Porter, 59, a former resident of Draper, guilty late Wednesday afternoon of committing a federal hate crime when he used a stun device during the racially-motivated assault of a neighbor at his apartment complex in Draper, Utah. The jury further found that the defendant used a dangerous weapon – a stun cane. Prior to his arrest in this case, Porter was living in of Lake Havasu City, AZ.
Assistant Attorney General for the Civil Rights Division John Gore, U.S. Attorney for the District of Utah John W. Huber, and Special Agent in Charge for the Salt Lake City Field Office of the FBI Eric Barnhart announced that the defendant was found guilty of the single offense charged in the indictment -- using force and the threat of force to injure, intimidate, and interfere with an African-American man because of his race and because of his occupancy of a nearby apartment in the complex.
Evidence presented at trial showed that the defendant shouted a racial slur at the victim’s 7-year-old son as the boy rode on a scooter in a common area at the apartment complex. After the defendant told the child to “get out of here,” he used the stun cane to injure the victim, knocking the victim to the ground. The defendant then used a racial slur to refer to the victim and his son and told them both to “get out of here.”
Evidence presented at trial also established that, prior to the incident, the defendant had told an employee and maintenance staff at the apartment complex that he did not want to live near any African-Americans. Immediately prior to the incident with the boy and his father, the defendant told another neighbor that he thought that African-Americans needed to be “exterminated.”
“Porter’s violent conduct, motivated by his intolerance of another race, is an egregious crime that will not be tolerated by this Justice Department,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “We will continue to protect the civil rights of all individuals and vigorously prosecute hate crime cases.”
“There is no place in Utah for race-motivated hatred and violence,” said U.S. Attorney John W. Huber. “All families deserve the opportunity to live peaceably in their homes where they may pursue happiness in safe environments. The jury in this case spoke on behalf of our Utah communities and definitively stated that this criminal conduct will not be tolerated.”
Sentencing is set for May 30 before U.S. District Judge Dee Benson. The defendant faces a maximum sentence of 10 years and a fine of $250,000.
Special agents of the FBI investigated the case. The case is being prosecuted by Assistant U.S. Attorney J. Drew Yeates of the Utah U.S. Attorney’s Office and Trial Attorney Rose E. Gibson of the Civil Rights Division’s Criminal Section.
MS-13 Member Sentenced to 22 Years in Prison for RICO Conspiracy Involving Murder & Attempted MurderRead the Press Release
BOSTON – An MS-13 member was sentenced today in federal court in Boston to racketeering conspiracy involving murder, attempted murder, and conspiracy to commit murder.
Bryan Galicia Barillas, a/k/a “Chucky,” 21, a Guatemalan national who resided in Chelsea, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 22 years in prison and five years of supervised release. Galicia Barillas will be subject to deportation upon completion of this sentence. In October 2017, he pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
The racketeering activity by Galicia Barillas, a member of MS-13’s Enfermos Criminales Salvatrucha (ECS) clique, included his involvement in the death of an innocent bystander in Chelsea. On Oct. 18, 2014, Galicia Barillas and Hector Ramires, a/k/a “Cuervo,” another member of the ECS clique, encountered a group of individuals in Chelsea suspected of belonging to a rival gang. Ramires, who was armed with a weapon that Galicia Barillas had provided on an earlier occasion, shot at one of the suspected gang rivals and missed, killing an innocent bystander who was looking out a nearby window of a room she shared with her three children. Galicia Barillas was a juvenile at the time of the murder.
Galicia Barillas also accepted responsibility for his role in a Sept. 8, 2014, stabbing and attempted murder of an individual in Chelsea, which Galicia Barillas also committed when he was a juvenile. Shortly after he turned 18, Galicia Barillas was involved in an April 2015 conspiracy to kill an MS-13 member that the gang believed was cooperating with law enforcement, and a May 26, 2015 stabbing and attempted murder of a suspected rival gang member in Chelsea.
Ramires pleaded guilty in October 2017 to RICO conspiracy involving murder and is scheduled to be sentenced on April 11, 2018.
After a three-year investigation, Galicia Barillas and Ramires were two of 61 persons named in a fifth superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. MS-13 is one of the largest criminal organizations in the United States with thousands of members across the country, including a sizeable presence in Massachusetts. MS-13 members are required to commit acts of violence, including murder, against suspected gang rivals and those suspected of cooperating with law enforcement. The fifth superseding indictment alleges that, from approximately 2014 to 2016, MS-13 cliques in Massachusetts were responsible for, among other things, six murders and approximately 20 attempted murders, as well as robberies and drug trafficking.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.
The details contained in the charging documents are allegations. All remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Long Island Man Pleads Guilty to Cyberstalking and Sending Drugs to Ex-GirlfriendRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Thomas Traficante, 23, of Long Island, NY, pleaded guilty to cyberstalking and distribution of a controlled substance before U.S. Magistrate Judge Marian W. Payson. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys Melissa M. Marangola and Richard A. Resnick, who are handling the case, stated that between October 2017 and December 2017, the defendant sent numerous threatening text messages to his ex-girlfriend (the Victim), her college classmates, and her housemates. The messages stated “its not safe out there tonight,” “there are various people among different orgs who have hurt me. My plan is to hurt them,” and “the only thing that helps is revenge.” Traficante also sent the Victim’s housemates numerous threatening voicemails, including one with a voice disguising device that stated, “I’m in the house.” The Victim changed her telephone number in order to avoid the defendant but he contacted her new telephone and her housemates, stating, “your all crazy if you think I’m not still out there.”
In addition, posing as the Victim, Traficante created a false prostitution advertisement on Backpage.com, which included the Victim’s new telephone number. The Victim received over 60 telephone calls from men seeking sexual encounters. Traficante also hacked into the Victim’s email and social media accounts, cellular telephone, as well as her and college account, which contained her grades, tests and assignments.
On one occasion, the defendant sent the Victim a message asking where she was together with a screenshot of her physical location. Such communications caused the Victim emotional distress. Traficante also hacked the Victim’s Amazon account and purchased a book about stalking, titled “I’m Watching You,” and sent it to her.
In November 2017, Traficante used a BB gun to shoot out the window of the Victim’s parents’ vehicle parked outside of their home as well as a window in their house.
Also, the defendant sent cocaine, a Schedule II controlled substance, to the Victim’s college mailbox on November 2 and anonymously contacted university police to advise them a package containing cocaine was being mailed to the Victim. Then, on November 8, 2017, Traficante mailed MDMA, a Schedule I controlled substance, to the Victim. On November 20, 2017, the defendant mailed a third package to the Victim which once again contained cocaine.
The investigation also identified a prior victim who Traficante subjected to similar digital harassment in 2014-2015.
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, and the Geneseo University Police, under the direction of Chief Thomas Kilcullen.
Sentencing will be scheduled at a later date.
Leader and Two Associates of Drug Trafficking Ring Sentenced to PrisonRead the Press Release
CHARLOTTE, N.C. – The leader of a drug trafficking ring and two of his associates were sentenced to prison today by U.S. District Judge Robert J. Conrad, Jr., announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina.
Anthony Jarbar Pettus, 35, of Gastonia, was sentenced to 168 months in prison and five years of supervised release; James Michael Hardin, 54, of Gastonia, was sentenced to 120 months in prison and five years of supervised release; and Albert Hankerson, 65, of Gastonia, N.C. was sentenced to 72 months in prison and three years of supervised release.
According to court documents and today’s sentencing hearings, from 2007 to 2017, the defendants operated as drug conspiracy responsible for trafficking between 840 and 2,800 grams of crack cocaine in and around Gaston County. Pettus was the leader of the drug ring, and Hardin, and Hankerson were couriers. According to court records, over the course of the conspiracy law enforcement officials seized narcotics, drug paraphernalia, at least 11 firearms and more than $25,000 in cash.
The defendants were charged as part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
In making today’s announcement U.S. Attorney Murray thanks the Federal Bureau of Investigation, Charlotte Division; ICE/Homeland Security Investigations; and the Gastonia Police Department for their investigation of the case
Assistant U.S. Attorney Steven R. Kaufman of the U.S. Attorney’s Office in Charlotte was in charge of the prosecution.
Laredo Man Sentenced for Conspiracy to Distribute CocaineRead the Press Release
LAREDO, Texas – A 30-year-old Laredo man has been ordered to federal prison following his conviction in a cocaine trafficking conspiracy, announced U.S. Attorney Ryan K. Patrick. Raul Garcia Jr. pleaded guilty Nov. 1, 2017.
Today, visiting U.S. Appellate Judge Kimberly Moore handed Garcia a 120-month sentence to be immediately followed by five years of supervised release.
On Oct. 26, 2015, authorities learned that Garcia was trying to hire someone to find transportation for a load of cocaine. Garcia had been moving up to 30 kilograms of cocaine per month and would pay $600 for each kilogram transported. Undercover agents posed as truck drivers to transport the cocaine. On Oct. 27, 2015, co-defendant Franklin E. Alberto-Hernandez, 29, a Honduran national illegally residing in Laredp, delivered approximately six kilograms of cocaine to the undercover agents.
On Dec. 21, 2015, in anticipation of a delivery of several kilograms of cocaine, law enforcement established surveillance of a Wal-Mart store in Laredo. Alberto-Hernandez handed an undercover agent a cardboard box found to contain four bundles wrapped in black tape and clear cellophane. The contents field tested positive for the properties of cocaine and weighed 4.5 kilograms. Garcia later admitted his involvement with coordinating this delivery of narcotics.
Garcia also admitted he was tasked with overseeing the delivery of multi-kilogram quantities of cocaine to Dallas, Houston and San Antonio. He was also responsible for picking up and transporting large amounts of U.S. currency in these cities and smuggling it into Mexico.
He also stated that before the agents had approached in October 2015, he was in the process of coordinating the delivery of five kilograms of cocaine and had stored an additional 10 kilograms at the home of Alberto-Hernandez until it could be picked up and transferred to another trafficker. On Jan. 19, 2016, law enforcement conducted a search at that residence and seized approximately 16.5 kilograms of cocaine.
Garcia has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Alberto-Hernandez also pleaded guilty for his role in the conspiracy and was previously sentenced to 77 months in prison.
The Drug Enforcement Administration conducted the investigation with the assistance of the Laredo Police Department. Assistant U.S. Attorney Michael Bukiewicz is prosecuting the case.
Laconia Man Sentenced to 65 Months in Federal Prison for Methamphetamine TraffickingRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced today that Robert J. Golden, 38, of Laconia was sentenced to 65 months in federal prison for participating in a conspiracy to distribute methamphetamine.
According to court documents, on November 3, 2016, U.S. Postal Inspectors intercepted a mail parcel intended for delivery to Golden. A state police canine unit alerted to the package. When investigators later opened the package pursuant to a federal search warrant, they found approximately 56 grams of methamphetamine. Investigators removed most of the drugs, re-wrapped the parcel and notified Golden that the package was available for him to pick up at the post office. Postal Inspectors arrested Golden at the post office immediately after he took possession of the parcel. Following his arrest, Golden admitted that he knew that the package contained a quantity of methamphetamine that had been sent from California and that he intended to distribute the methamphetamine in New Hampshire. Golden further acknowledged that he previously had received four to six similar packages from California.
Golden pleaded guilty to the charge October 25, 2017. He will be on supervised release for three years following his release from prison.
“Even as our state faces the serious challenge of the opioid crisis, methamphetamine continues to pose a threat to our community,” said U.S. Attorney Murray. “Using this dangerous drug can cause significant harm or death. I commend the law enforcement officers in this case for their quick actions that prevented this substantial quantity of methamphetamine from being distributed in New Hampshire.”
“The U.S. Postal Inspection Service proactively seeks to identify and remove illegal drug shipments in the mail,” said Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division. “Today’s sentencing is a result of a coordinated effort of our local and state law enforcement partners to keep methamphetamine and other drugs out of our communities.”
This matter was investigated by the United States Postal Inspection Service, with help from the New Hampshire State Police and the Laconia Police Department. The case was prosecuted by Assistant U.S. Attorney Jennifer Cole Davis.
###
Kinston Man Sentenced to More Than 13 Years for Hobbs Act Robbery and Gun ChargeRead the Press Release
NEW BERN – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announced that on Tuesday in Federal court, O’BRIEN SHAQUILLE HOOKER, 26, of Kinston, was sentenced by United States District Judge Louise W. Flanagan to 166 months imprisonment followed by 5 years of supervised release.
HOOKER was named in a three-count indictment on March 7, 2017. On October 10, 2017, HOOKER pled guilty to Conspiracy to Commit Interference with Commerce by Robbery, Interference with Commerce by Robbery and Aiding and Abetting, and Discharging a Firearm during and in relation to a Crime of Violence and Aiding and Abetting.
On May 9, 2016, HOOKER and codefendant Devon Waters, who pled guilty and is awaiting sentencing on May 22, 2018, committed an armed robbery at a Family Dollar located in Goldsboro, North Carolina. The men forced two employees, who were closing the business, into the store at gunpoint. HOOKER brandished a firearm and ordered the employees onto the floor. Waters then ordered one of them to open the safe. When she had difficulty, Waters took the firearm from HOOKER, fired a shot at her feet, and threatened to kill her. Waters and HOOKER stole currency totaling $800 and cigarettes. Seeing a Goldsboro Police Department (GPD) Vehicle pull into the parking lot, Waters and HOOKER forced an employee at gunpoint to the rear of the business, where they exited. As they fled, they fired additional shots at the pursuing officer.
Waters and HOOKER fled the scene in a vehicle driven by a third person. The vehicle drove to a residential neighborhood, where Waters and HOOKER jumped out of the vehicle and fled on foot. A GPD K9 unit found and arrested them in a nearby backyard.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The case was investigated by the Goldsboro Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).