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22 March 2018
Kalamazoo Man Sentenced to Nine Years in Federal Prison for Possessing A Firearm as A FelonRead the Press Release
GRAND RAPIDS, MICHIGAN —Damian Lamont Swindle, 38, of Kalamazoo, Michigan, was sentenced to 108 months in prison, following his conviction for unlawful possession of a firearm as a felon. In addition, U.S. District Judge Gordon J. Quist imposed a three-year term of supervised release that will begin when Swindle is release from prison.
In July 2017, during a late-night block party in a residential area of Kalamazoo, officers from the Kalamazoo Department of Public Safety (KDPS) attempted to arrest Swindle on existing warrants. Swindle resisted and struggled with three officers. The surrounding scene escalated as bottles were thrown at the officers and shots were fired nearby. Officers ultimately gained control over Swindle, at which point they recovered from his pant pocket a loaded 38-caliber revolver.
At the sentencing hearing, Judge Quist said that Swindle’s extensive criminal history was effectively "off the chart" in terms of scoring under the U.S. Sentencing Guidelines. Swindle has multiple prior felony convictions under state law for offenses including dangerous drugs, police officer fleeing, felony firearm, and assault with intent to do great bodily harm less than murder. The Judge identified several additional reasons for the nine-year prison term, including the seriousness and circumstances of the offense, the need to deter Swindle from future criminal conduct, and the need to protect the public.
U.S. Attorney Andrew Birge said that a long sentence was particularly important here, where "after multiple felony convictions and prison sentences, the defendant still carried a loaded gun." U.S. Attorney Birge said that the Court’s sentence affirms that, "inWestern Michigan, there are severe consequences for convicted felons who violate federal firearms laws." "Given the heightened danger caused by Swindle’s resistance to arrest in a crowd of people late at night, the loaded revolver in Swindle’s pocket, the shots fired nearby, and the items that were thrown at the police officers, it is incredibly fortunate that nobody was hurt that night."
The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) work closely with the Kalamazoo Department of Public Safety to identify offenders like Swindle, whose prior convictions, history of violence, or involvement in group violence warrant federal prosecution. "Damian Swindle had the opportunity to turn his life around and become a productive member of society," said ATF Special Agent in Charge James Deir. "Instead he choose to continue to break the law and his actions threatened the safety of innocent people. ATF will continue to work with our law enforcement partners to bring dangerous criminals to justice so citizens can feel safe in their communities."
KDPS Criminal Investigation Division Captain Shannon Bagley noted that "the resolution of Swindle’s case and his lengthy federal sentence is a testament to the long term partnership KDPS has been able to sustain with the US Attorney’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. With the collaboration between the agencies, a violent felon has been taken off our streets which directly affects the safety of Kalamazoo Citizens."
Assistant U.S. Attorney Kate Zell prosecuted the case.
END
KC Man Sentenced to 21 Years for Meth, MarijuanaRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man was sentenced in federal court today for possessing methamphetamine to distribute and for possessing marijuana.
Christopher J. Kessler, 30, of Kansas City, was sentenced by U.S. District Judge Roseann Ketchmark to 21 years and six months in federal prison without parole.
On Sept. 27, 2017, Kessler was convicted at trial of one count of possessing 50 grams or more of methamphetamine with the intent to distribute and one count of possessing marijuana.
Kessler was arrested on March 5, 2016, following a high-speed vehicle pursuit and foot chase by Independence and Kansas City, Mo., police officers. At about 12:37 a.m., an Independence officer attempted to stop a Ford Explorer driven by Kessler, which was traveling at a high rate of speed and made an abrupt turn without signaling. When Kessler pulled over, the officer was notified that the license plate on his vehicle belonged to another vehicle that had been reported as stolen. The officer, using his exterior speaker, twice ordered Kessler to place the vehicle in park. Instead, Kessler rapidly accelerated. The officer pursued Kessler, who reached a speed of 105 miles per hour, at times driving in the opposite lanes of traffic without his vehicle lights on and traveling through several residential lawns.
Police officers called off the pursuit but helicopter surveillance observed Kessler enter a hotel. Kessler led officers on a pursuit through the hotel and back out to the street. An officer eventually tackled Kessler to the ground; he continued to resist officers by placing his hands around and under his face. Kessler bit one of the officers on the finger and on the wrist, breaking the skin. Additional officers assisted in securing Kessler in handcuffs.
Officers searched Kessler and found a clear plastic baggie that contained at least 50.9 grams of pure methamphetamine in his right front pocket, as well as a smaller clear plastic baggie that contained seven grams of marijuana.
According to court documents, law enforcement officers also pursued Kessler on at least two more occasions after a federal arrest warrant was issued in this case. On July 18, 2016, while under surveillance, Kessler fled the area in excess of 90 miles per hour and the pursuit was terminated. Then on Aug. 2, 2016, detectives were able to surround Kessler when he stopped the stolen motorcycle he was operating in the bay of a carwash. But Kessler did not comply with the officers’ commands, and instead fled the area on foot. He was eventually tackled and taken into custody.
Kessler, who has a significant criminal record of 41 convictions in 25 separate cases, also has a lengthy history of resisting police while operating vehicles at high rates of speed, resulting in accidents, erratic driving behavior, and fleeing on foot. Kessler was on supervision for a Johnson County, Kansas District Court theft case at the time of his arrest in this case.
This case was prosecuted by Assistant U.S. Attorneys Emily A. Morgan and Patrick Edwards. It was investigated by the Independence, Mo., Police Department and the Kansas City, Mo., Police Department.
Justice Department Seeks to Shut Down Indianapolis Tax PreparerRead the Press Release
An Indianapolis man reported false information on federal income tax returns he prepared for his customers, according to a new lawsuit filed by the U.S. Department of Justice today. In the lawsuit’s complaint, the government alleges that Antonio Chappell prepared false tax returns at G & A Tax Service LLC (G & A Tax), a tax preparation firm owned by Chappell with locations in Indianapolis at 4857 Oakbrook Drive and 4721 North Franklin Road. The government’s complaint, filed in federal court in Indianapolis, Indiana, asks the court to entirely bar Chappell and G & A Tax from preparing federal tax returns for others.
According to the complaint, Chappell prepares fraudulent federal tax returns for his customers by falsely reporting income and expenses to inflate claims for the Earned Income Credit. The complaint also alleges that Chappell knowingly or recklessly misrepresents his customers’ filing statuses and reports non-qualifying dependents on customers’ tax returns in order to maximize the customers’ Earned Income Credit and qualify them for the Additional Child Tax Credit.
Further, Chappell and others at G & A Tax falsely submitted income tax returns under another tax preparer’s Preparer Tax Identification Number – including at least 184 returns filed after that tax preparer’s death, according to the complaint. The complaint also alleges that Chappell attempted to facilitate the sale of dependent information to at least one customer in order to claim false tax credits for the customer, provided a customer a fraudulent document to mislead an IRS examiner during an audit, and instructed at least one customer to falsely represent that the customer provided support to the dependents claimed on his return.
The IRS has a list of steps on their website that you can take now in anticipation of filing your 2017 federal income tax return and ten tips for choosing a tax preparer. Return preparer fraud was one of the IRS’s Dirty Dozen Tax Scams for 2018 and taxpayers seeking a return preparer should remain vigilant. The IRS has some information on their website about selecting a return preparer and has launched a free directory of federal tax preparers.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Justice Department Reaches Settlement with Union Parish Detention Center to Resolve ADA ViolationsRead the Press Release
The Justice Department today reached a settlement agreement with Union Parish Detention Center (UPDC), a correctional facility located in Farmerville, Louisiana.
The settlement agreement resolves a complaint under the Americans with Disabilities Act (ADA) that UPDC held a detainee with human immunodeficiency virus (HIV) in isolated, segregated housing for approximately six months because he has HIV. UPDC cooperated with the Department throughout the investigation.
Under the agreement, UPDC will not segregate detainees in the future on the basis of their HIV status. The agreement also requires UPDC to adopt nondiscrimination policies, designate an ADA coordinator, establish an ADA complaint procedure, and train all staff annually on HIV and nondiscrimination obligations. In addition, UPDC will pay $27,500 in damages to the complainant.
“This agreement ensures that Union Parish Detention Center will respect the right of individuals with HIV to equal treatment under the law,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “Segregation of detainees with HIV in jails or prisons is unlawful, subjects individuals to unwarranted stigma and harm, and will not be tolerated by this Justice Department.”
People interested in finding out more about the ADA or this settlement agreement can call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access the ADA website at http://www.ada.gov.
Jury Convicts Nine Trey Gangsters of Violent 2015 Crime SpreeRead the Press Release
NORFOLK, Va. – Three members of the Nine Trey Gangsters were convicted today by a federal jury 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 in 2015.
“These men inflicted extreme violence in Hampton Roads,” said Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia. “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.”
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. 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.”
“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 John P. Cronan, Acting Assistant Attorney General of the Justice Department’s Criminal Division. “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.”
“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 Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office. “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 Mark R. Herring, Attorney General of Virginia. “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. Defendants Simmons, Mitchell, and Lassiter were convicted today of all charges after a seven-week trial. Three other defendants previously pleaded guilty. See the table below for additional details.
Name
Age, Hometown
Convictions (Counts)
Sentencing
Antonio Lee Simmons,
aka “Murdock,” “Doc”
39, Norfolk
Racketeering Conspiracy; Heroin distribution conspiracy; Murder in Aid of Racketeering (2); Attempted murder in aid of racketeering (4); Assault with a dangerous weapon (3); Use of a firearm resulting in death (2); Use of a firearm during a crime of violence (5); Various firearm and drug offenses
Two mandatory life terms plus mandatory minimum of 160 years on July 19
Nathaniel Tyree Mitchell,
aka “Savage”
25, Portsmouth
Racketeering Conspiracy; Murder in Aid of Racketeering (4); Attempted murder in aid of racketeering (6); Assault with a dangerous weapon (5); Use of a firearm resulting in death (4); Use of a firearm during a crime of violence (7)
Four mandatory life terms plus mandatory minimum of 160 years on July 17
Anthony Foye,
aka “Ace,” “Bull”
26, Portsmouth
Murder in Aid of Racketeering (4)
Four mandatory life terms on May 2
Malek Lassiter,
aka “Leeko”
22, Portsmouth
Racketeering Conspiracy; Attempted murder in aid of racketeering (3); Assault with a dangerous weapon (2); Use of a firearm during a crime of violence (4)
Mandatory minimum of 85 years, maximum of life on July 18
Alvaughn Davis,
aka “LB”
29, Portsmouth
Use of a firearm resulting in death; racketeering conspiracy; accessory after the fact to murder in aid of racketeering
45 years on Oct. 17, 2017
Donte Brehon,
aka “Dog Nutz”
36, Norfolk
Accessory after the fact to assault with a dangerous weapon in aid of racketeering; distribution and possession with intent to distribute heroin
160 months on June 5, 2017
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, John P. Cronan, Acting Assistant Attorney General of the Justice Department’s Criminal Division, Mark R. Herring, Attorney General of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, Tonya D. Chapman, Chief of Portsmouth Police, Larry D. Boone, Chief of Norfolk Police, James A. Cervera, Chief of Virginia Beach Police, Col. K.L. Wright, Chief of Chesapeake Police, and Thomas E. Bennett, Chief of Suffolk Police, made the announcement after U.S. District Judge Mark S. Davis accepted the verdict.
Assistant U.S. Attorneys Joseph E. DePadilla and Andrew C. Bosse, Special Assistant U.S. Attorney John F. Butler, and Trial Attorney Teresa A. Wallbaum of the Justice Department’s Organized Crime and Gang Section, are prosecuting the case.
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.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court
for the Eastern District of Virginia or on PACER by searching for Case No. 2:16-cr-130.
Jason Massengill Sentenced to over Three Years for Role in Counterfeiting ConspiracyRead the Press Release
GREENEVILLE, Tenn. – On March 22, 2018, Jason Massengill, 39, of Kingsport, Tennessee, was sentenced to serve 37 months in federal prison by the Honorable J. Ronnie Greer, U.S. District Judge, for his role in a conspiracy to produce counterfeit obligations of the United States with intent to defraud the government.
Massengill pleaded guilty in October 2017 to one count of a four-count indictment charging him and three co-conspirators with the offense referenced above. Details of their scheme are included in Massengill’s plea agreement on file with U.S. District Court. According to the plea agreement, from March 2017 through July 2017 Massengill and his co-conspirators produced counterfeit Federal Reserve notes, which were used and attempted to be used to purchase various items from retail outlets and private individuals. One such purchase was a vehicle from two individuals in Elizabethton, Tennessee. This vehicle was later proven to have been used by Massengill and one of his co-conspirators as a place to produce and hide the counterfeit notes as well as supplies needed to make them.
Massengill along with his co-conspirators produced the counterfeit notes by taping real money to a flatbed scanner, scanning it, and then printing the front and back of the scanned notes to various types of parchment paper purchased from a local retail establishment. Investigators determined that Massengill and co-conspirators produced between $95,000 and $150,000 in counterfeit Federal Reserve notes, of which Massengill was personally involved with at least $35,000.
Others charged in this conspiracy included: Sean Bowman, 19, of Jonesborough, Tennessee; Robert William Guy, 19, of Kingsport, Tennessee; and Darrell Lansing Hobbs, a/k/a Darrell “Lance” Hobbs, 36, of Gray, Tennessee. Bowman pleaded guilty to the conspiracy and was sentenced to serve five years of probation after serving approximately five months in prison. Guy also pleaded guilty to the conspiracy and awaits sentencing. Hobbs pleaded guilty to conspiracy to produce counterfeit obligations of the United States with intent to defraud the government as well as begin a felon in possession of firearms and possession of stolen firearms. Sentencing for Hobbs is set for March 27, 2018, in U.S. District Court in Greeneville.
Investigative agencies participating in this case included the United States Secret Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, Kingsport Police Department, Washington County Sheriff’s Office, Carter County Sheriff’s Office, Bluff City Police Department, Erwin Police Department and Elizabethton Police Department. Assistant U.S. Attorney TJ Harker represented the United States in court proceedings.
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Irvine Man Found Guilty of Defrauding Businessman out of $648,000 with Claims Investment would Develop Stem Cell Research ProductRead the Press Release
SANTA ANA, California – A jury has convicted an Irvine man of federal charges for running an investment scam that defrauded a businessman who believed he was investing in products related to stem cell research.
Aiman Alexander Ataba, 52, was found guilty late Tuesday of eight counts of mail fraud and three counts of money laundering. The jury’s verdicts followed a two-day trial in United States District Court.
The jury found that Ataba victimized a Riverside County man by convincing the victim to invest in his Fountain Valley business, Innovation Validation and Design Technologies. Ataba falsely claimed that the investments would be used to manufacture and sell a device that would be used in hospitals for stem cell research.
The victim was given stock warrants that would purportedly enable him to purchase stock in Ataba's company at a discount. Ataba falsely claimed that his company was on the verge of being acquired. Based on the false claims, the victim invested $648,000 in Ataba’s company over a 4½-year period.
“Immediately after receiving the victim’s money, however, [Ataba] immediately went about spending it on his own personal expenses,” according to a case summary filed by prosecutors. “The money was not invested in any company for the development of a device involving stem cell research. Instead, defendant used it to pay for his rent, various living expenses, dining out, gambling, etc. The victim never received any dividends or other form of return or profit on the investment.”
Ataba diverted funds from his business account to his personal account and withdrew approximately $350,000 in cash withdrawals. Many of the withdrawals were made at casinos in Las Vegas and on Indian reservations. Some of the victim’s money was spent to purchase a new Toyota vehicle, which was seized in 2016 by the FBI.
Ataba is scheduled to be sentenced by United States District Judge David O. Carter on July 9, at which time Ataba will face a statutory maximum penalty of 220 years in federal prison.
The investigation into Ataba was conducted by the Federal Bureau of Investigation.
The case was tried by Assistant United States Attorneys Robert J. Keenan and Gina J. Kong of the Santa Ana Branch Office.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Lynch in Missoula on March 20, 2018 and entering pleas of Not Guilty were:
- KATHERINE MARIE WAAYENBERG, a 30-year-old resident of Helena, appeared on charges of wire fraud, and aggravated identity theft. If convicted of the most serious charges contained in the indictment, WAAYENBERG faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Lewis and Clark County Sheriff’s Office. PACER Case Reference. 18-05
Appearing before U.S. Magistrate Cavan in Billings on March 20, 2018 and entering pleas of Not Guilty were:
- RICHARD PAUL HALL, a 59-year-old resident of Billings, appeared on charges of distribution of methamphetamine. If convicted of the charge contained in the indictment, HALL faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 18-21
- THEO BRUCE MYERS, a 42-year-old resident of Billings, appeared on charges of conspiracy to possess with the intent to distribute and to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, MYERS faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 18-24
Appearing before U.S. Magistrate Cavan in Billings on March 15, 2018 and entering pleas of Not Guilty were:
- JAIR DE JESUS CARRILLO-GUARDADO, a 34-year-old resident of Mexico, appeared on charges of illegal reentry of deported alien. If convicted of the charge contained in the indictment, CARRILLO-GUARDADO faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by Immigration and Customs Enforcement. PACER Case Reference. 18-33
- VIOLET C. CRNICH, a 34-year-old resident of Billings, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, CRNICH faces 40 years in prison, $5,000,000 in fines and 4 years supervised release. The case was investigated by the Federal Bureau of Investigation, Drug Enforcement Administration and Eastern Montana HIDTA. PACER Case Reference. 18-16
- CHRISTIAN DANIEL TAKESENEMY, a 20-year-old resident of Crow Agency, appeared on charges of failure to register as a sexual offender. If convicted of the charge contained in the indictment, TAKESENEMY faces 10 years in prison, $250,000 in fines and 5 years supervised release. The case was investigated by the United States Marshals Service. PACER Case Reference. 18-30
Appearing before U.S. Magistrate Johnston in Great Falls on March 14, 2018 and entering pleas of Not Guilty were:
- GORDON LARRY AHENAKEW, JR., a 31-year-old resident of Browning, appeared on charges of assault resulting in substantial bodily injury to intimate and dating partner. If convicted of the charge contained in the indictment, AHENAKEW faces 5 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 18-07
- SCOTT JORDAN KOHL aka RYAN WADE DUPREE, a 30-year-old resident of Poplar, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, possession of a stolen firearm, possession of a firearm during a drug trafficking offense, and felon in possession of a firearm and ammunition. If convicted of the most serious charges contained in the indictment, DUPREE faces 40 years in prison, $5,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and Fort Peck Tribes Department of Law and Justice. PACER Case Reference. 18-20
- THOMAS NELSON TOMKO, II, a 24-year-old resident of Poplar, appeared on charges of assault resulting in serious bodily injury. If convicted of the charge contained in the indictment, TOMKO faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 18-17
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Indictment Alleges Stratford Man Illegally Purchased Firearms at Newington Gun StoreRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Mickey D. Leadingham, Special Agent in Charge of the ATF Boston Field Division, today announced that a federal grand jury in New Haven has returned an indictment charging TYMON PETERSON, 28, of Stratford, with conspiracy and making false statements in connection with the purchase of firearms, and narcotics trafficking offenses.
The indictment was returned on March 14, 2018. PETERSON appeared today before U.S. Magistrate Judge Sarah A. L. Merriam in New Haven and pleaded not guilty to the charges.
As alleged in the indictment and court documents, in August and September 2017, PETERSON and another individual, who is a convicted felon and prohibited from possessing a firearm, texted one another about purchasing firearms. On September 22, PETERSON and the other individual travelled together to Hoffman’s Gun Center in Newington to purchase firearms. At the store, the other individual provided PETERSON with cash to purchase two firearms on his behalf. On that date, PETERSON filled out an ATF Form 4473 in which he falsely represented that he was the actual purchaser of the two firearms and that he was not acquiring the firearms for another person.
It is further alleged that PETERSON and the other individual returned to Hoffman’s Gun Center on September 23 and attempted to purchase a firearm. Because the clerk was concerned that the sale of the firearm to PETERSON might be illegal, he declined to sell it to PETERSON. Hoffman’s contacted ATF the next day.
The indictment also alleges that, in March and May 2017, PETERSON used his cellphone to communicate about the distribution of cocaine, fentanyl and ketamine.
PETERSON was arrested on a federal criminal complaint on January 1, 2018. He is released on a $100,000 bond.
The indictment charges PETERSON with one count of conspiracy, an offense that carries a maximum term of imprisonment of five years; one count of making a false statement during the purchase of a firearm, an offense that carries a maximum term of imprisonment of 10 years, and four counts of using a telephone to facilitate a drug trafficking felony, an offense that carries a maximum term of imprisonment of four years on each count.
U.S. Attorney Durham stressed that an indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial at which it is the government’s burden to prove guilt beyond a reasonable doubt.
This ongoing investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the Connecticut State Police and the Newington Police Department. The case is being prosecuted by Assistant U.S. Attorney Anthony E. Kaplan.
Illinois Man Convicted After Jury TrialRead the Press Release
HAMMOND- Airrion Blake, 41, of Lasing, Illinois was convicted of one count of submitting a false claim upon the federal government and one count of theft of government money, after a three-day jury trial before U.S. District Court Joseph S. Van Bokkelen, announced U.S. Attorney Kirsch.
Blake stole $149,358.35 from the federal government. According to the evidence presented to the jury, Blake filed a false trusts and estates tax return in October 2012 in which he provided fictitious figures for his income, deductions, and tax withholdings, and falsely claimed a refund of $149,358.35. He received a refund based on his filing, deposited the check at a Munster, Indiana bank, and proceeded to spend the funds.
This case was the result of an investigation by the Internal Revenue Service, Criminal Investigation Division. This case was prosecuted by Assistant United States Attorneys Alexandra McTague and Nathaniel Whalen.
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Hattiesburg Man Convicted of Human Trafficking in Oxford MississippiRead the Press Release
Late yesterday afternoon, a federal jury in U.S. District Court in Oxford, Mississippi, found Raymorris Asencio, 31 of Hattiesburg, Mississippi, guilty of human trafficking and transporting a minor across state lines to engage in prostitution. The announcement was made by U.S. Attorney William C. Lamar and Special Agent in Charge, Christopher Freeze, Federal Bureau of Investigation. During the trial, the jury heard testimony from the victim and local citizens who observed the minor and reported their concerns to police. FBI agents and task force officers from Oxford, Hattiesburg, and Baton Rouge, Louisiana were able to rescue the minor from a hotel room in Baton Rouge in February 2017.
U.S. District Judge Glen H. Davidson presided over the trial and will sentence Asencio at a later date. Asencio faces possible penalties of not less than 10 years and up to life imprisonment, fines of up to $250,000, and post-imprisonment terms of supervision of not less than 5 years.
United States Attorney William C. Lamar said, “Combatting human trafficking is a top priority for the Department of Justice and our office. Through collaborative efforts with our state and local law enforcement partners in Project Safe Neighborhoods and Project Safe Childhood we will do just that. We must protect our children from predators like Asencio. I want to thank the private citizens in Oxford who noticed the minor and Asencio and notified the Oxford Police Department of their concerns for the minor's safety. I also want to commend the quick action of the Oxford Police Department, the Federal Bureau of Investigation and other police departments in Hattiesburg, and Baton Rouge, Louisiana, who all worked together to locate and rescue the minor.”
“It is nearly unthinkable that trafficking a minor for prostitution still happens in Mississippi, but the jury in this case agreed that the charges against Asencio were warranted,” said Special Agent in Charge Freeze. “Our Child Exploitation Task Force constantly focuses on those that prey on children. I want to personally thank the special agents, task force officers and partner law enforcement agencies that assisted with this case, because without these partnerships, these types of verdicts would not be possible.”
Assistant United States Attorneys Paul Roberts and Michael Hallock prosecuted the case for the United States. The case was investigated by the FBI Jackson Division’s Child Exploitation Task Force, which is made up of agents from the FBI and the Mississippi Attorney General’s Office and officers from the Prentiss County Sheriff’s Office and Southaven Police Department.
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Hanford Man Indicted for Dealing Firearms and Possessing Methamphetamine to SellRead the Press Release
FRESNO, Calif. — A federal grand jury returned a seven-count indictment today against Armando Castillo, 48, of Hanford, charging him with dealing firearms without a license, possessing unregistered firearms and possessing methamphetamine with the intent to distribute, U.S. Attorney McGregor W. Scott announced.
According to court documents, Castillo sold 17 firearms over the course of a 15-month period beginning in December of 2016. Five of the firearms were short-barreled rifles that had no serial numbers. Many of the sales occurred at the Cherry Auction Swap Meet in Fresno. Additionally, on March 9, 2018, when Castillo was arrested, he had over 50 grams of methamphetamine in his possession.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Multi-Agency Gang Enforcement Consortium (MAGEC), and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorney Laurel J. Montoya is prosecuting the case.
If convicted, Castillo faces a maximum statutory penalty of up to 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.
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.
Guatemalan Man Sentenced to Prison for Illegally Returning to the United States Following Prior DeportationRead the Press Release
A Guatemalan man who illegally returned to the United States was sentenced today to more than three months in federal prison.
Miguel Gallego-Cobo, age 45, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a January 18, 2018, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Gallego-Cobo admitted he had previously been deported from the United States on December 6, 2013, and that he illegally reentered the United States without the permission of the United States government. On December 6, 2017, Gallego-Cobo was found by immigration officers during a traffic stop in Cedar Rapids.
Gallego-Cobo was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Gallego-Cobo was sentenced to 100 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Gallego-Cobo is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-100.
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Georgia Man Sentenced to 228 Months ImprisonmentRead the Press Release
FORT WAYNE – Derrick L. Thomas, 44, of Douglasville, Georgia, was sentenced before Chief Judge Theresa L. Springmann on his plea of guilty to conspiring to possess with intent to distribute more than 5 kilograms of cocaine and possessing a firearm in furtherance of a Drug Trafficking Crime, announced U.S. Attorney Thomas L. Kirsch II.
Thomas was sentenced to 228 months imprisonment and 5 years of supervised release.
According to documents in this case, between November 13, 2013, and February 12, 2014, Thomas conspired with his named codefendants to possess with intent to distribute a controlled substance, namely 5 kilograms or more of cocaine. Further, on February 12, 2014, Thomas possessed a firearm in furtherance of the drug trafficking crime.
This case was investigated by the Bureau of Alcohol Tobacco Firearms and Explosives, with the assistance of the Drug Enforcement Administration as well as the Warsaw Police Department, the Fort Wayne Police Department and the IMAGE Drug Task Force. This case was prosecuted by Assistant U.S. Attorney Anthony Geller.
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Garland, Texas Woman Sentenced to 36 Months Probation for Possession of Counterfeit ObligationRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Danielle Rose Escalante, age 32, of Garland, Texas, was sentenced to 3 years probation for Possession of a Counterfeit Obligation, in violation of Title 18, United States Code, Section 472. The charges arose from an investigation by the District 18 Drug and Violent Crimes Task Force, the Pittsburg County Sheriff’s Office, and the United States Secret Service.
The Indictment alleged that on or about December 13, 2016, in the Eastern District of Oklahoma, the Defendant, did with intent to defraud, possess a counterfeit obligation of the United States, that is: one counterfeit $100 Federal Reserve Note, serial number AB20650383P, Check Letter G, Quadrant Number 2, Face Place Number 206, Back Plate Number 25, Series 1996.
United States Attorney Brian J. Kuester said, “Those who knowingly possess counterfeit currency with the intent to inject it into circulation do so without regard for the potential victims along the way. The defendant in this case is being held accountable and will be monitored by the United States Probation Office to ensure that she abides by the law and the rules and conditions imposed by the Court. I urge the public to be vigilant when accepting payment in the form of apparent cash - carefully examine what you are receiving before ending the transaction. In many instances it is obvious upon close inspection that the bill being passed is counterfeit.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Melody Nelson represented the United States.
Franklinton Resident Pleads Guilty to Misprision of a FelonyRead the Press Release
U.S. Attorney Duane A. Evans announced that DOMINIQUE WISE, age 32, of Franklinton, Louisiana, pled guilty today to a single count of misprision of a felony, stemming from a September 27, 2015, traffic stop, during which police seized one-half kilogram of powder cocaine from the floorboard of her car. For this offense, WISE faces a maximum sentence of 3 years in prison, a fine of up to $250,000 and no more than one year of supervised release.
U.S. District Judge Martin L.C. Feldman scheduled sentencing for WISE on June 27, 2018 at 1:30 p.m.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration, Plaquemines Parish Sheriff’s Office, and Kenner Police Department in investigating this matter. Assistant United States Attorney Brandon Long is in charge of the prosecution.
Four Individuals Charged with Conspiring to Defraud the United States by Failing to Comply with Foreign Account Tax Compliance ActRead the Press Release
A grand jury in Brooklyn has returned a five-count superseding indictment charging Panayiotis Kyriacou, Arvinsingh Canaye, Adrian Baron, and Linda Bullock with conspiracies to defraud the United States by obstructing the functions of the Internal Revenue Service in its administration of the Foreign Account Tax Compliance Act (“FATCA”). FATCA is a federal law that requires foreign financial institutions to identify their U.S. customers and report information (“FATCA Information”) about financial accounts held by U.S. taxpayers either directly or through a foreign entity. FATCA’s primary aim is to prevent U.S. taxpayers from using foreign accounts to facilitate the commission of federal tax offenses.
Last month, a grand jury in Brooklyn charged Kyriacou, Canaye, Baron, Bullock, and others with conspiracy to commit securities fraud and money laundering conspiracy.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Richard E. Zuckerman, Principal Deputy Assistant Attorney General of the Justice Department’s Tax Division, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James D. Robnett, Special Agent-in-Charge, Internal Revenue Service Criminal Investigation, New York (IRS-CI), announced the new charges.
“As alleged in the superseding indictment, Kyriacou, Canaye, Baron, and Bullock agreed to defraud the United States by opening foreign bank and brokerage accounts without collecting FATCA information to report to the IRS,” stated United States Attorney Donoghue. “The charges announced today reflect the commitment of this Office and our law enforcement partners to combat tax evasion by identifying fraudulent offshore safe havens that facilitate hiding financial assets from the IRS and to prosecute those individuals who violate U.S. tax laws.”
Mr. Donoghue thanked the U.S. Securities and Exchange Commission (SEC), both the New York Regional Office and the Washington, D.C. Office, the City of London Police, the U.K.’s Financial Conduct Authority and the Hungarian National Bureau of Investigation for their significant cooperation and assistance during the investigation.
“The Justice Department and the Internal Revenue Service are committed to investigating and prosecuting those who promote and facilitate the use of offshore bank accounts to evade U.S. tax,” said Principal Deputy Assistant Attorney General Zuckerman. “We will continue to pursue those around the globe who seek to violate the Foreign Account Tax Compliance Act and to help U.S. taxpayers conceal such accounts from the Treasury Department and the IRS.”
“Government fraud, in all its many forms, places ethical U.S. taxpayers at a significant disadvantage,” stated FBI Assistant Director-in-Charge Sweeney. “Those charged allegedly thought they could bypass federal laws in order to benefit and enrich themselves. Today, they are being held accountable.”
“Devising schemes to evade the reporting requirements of the Foreign Account Tax Compliance Act is a serious violation of the trust between registered foreign financial institutions and the Internal Revenue Service,” stated IRS-CI Special Agent-in-Charge Robnett. “Criminal Investigation and Large Business & International will continue monitoring compliance with FATCA and will seek prosecution for any registered individuals or entities suspected of willfully aiding U.S. taxpayers with evading reporting requirements.”
The Beaufort Scheme
As alleged in the superseding indictment, between August 2016 and February 2018, Kyriacou, an investment manager at Beaufort Securities, and Canaye, a general manager at Beaufort Management, together with others, conspired to defraud the United States by failing to comply with FATCA. Specifically, in the fall of 2016, an Undercover Agent contacted Kyriacou and stated that he was a U.S. citizen interested in opening brokerage accounts at Beaufort Securities from which he could execute trades in several multi-million dollar stock manipulation deals. In furtherance of the stock manipulation scheme, Kyriacou and Beaufort Securities opened six brokerage accounts for the Undercover Agent. Notwithstanding that a U.S. citizen would be the beneficial owner of each of the accounts, at no time did Kyriacou or Beaufort Securities request FATCA Information from the Undercover Agent.
In July 2017, Kyriacou introduced the Undercover Agent to Canaye and advised that Canaye could assist with the Undercover Agent’s schemes. After meeting with the Undercover Agent and discussing the stock manipulation scheme, in January 2018, Canaye and Beaufort Management opened six global business corporations for the Undercover Agent. The Undercover Agent’s name did not appear on any of the account opening documents.
The Loyal Scheme
In June 2017, the Undercover Agent met with Baron, Loyal Bank’s Chief Business Officer. During the meeting, the Undercover Agent explained that he was a U.S. citizen and was involved in stock manipulation schemes. The Undercover Agent further explained that he was interested in opening multiple corporate bank accounts at Loyal Bank. In July 2017, the Undercover Agent met with Baron and Bullock, Loyal Bank’s Chief Executive Officer. During the meeting, the Undercover Agent described how his stock manipulation deals operated, including the need to circumvent the IRS’s reporting requirements under FATCA. In July and August 2017, Loyal Bank opened multiple bank accounts for the Undercover Agent. At no time did Loyal Bank request or collect FATCA Information from the Undercover Agent.
The charges in the superseding indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorneys Jacquelyn M. Kasulis, Michael T. Keilty and David Gopstein are in charge of the prosecution. The Criminal Division’s Office of International Affairs provided significant assistance in this matter.
The Defendants:
PANAYIOTIS KYRIACOU, also known as “Peter Kyriacou”
Age: 26
Residence: London, EnglandARVINSIGH CANAYE, also known as “Vinesh Canaye”
Age: 30
Residence: MauritiusADRIAN BARON
Age: 63
Residence: Budapest, HungaryLINDA BULLOCK
Age: 57
Residence: St. Vincent/GrenadinesE.D.N.Y. Docket No. 18-CR-102 (S-1) (KAM)
Four Facing Federal Firearms Charges Following Recent Gun Store BurglariesRead the Press Release
Four Nashville men were indicted by a federal grand jury yesterday and charged with federal firearms offenses, announced U.S. Attorney Don Cochran of the Middle District of Tennessee. Three are charged with multiple firearms offenses, including conspiracy to steal and sell stolen firearms, and one is charged with possession of a stolen firearm.
Keith Swanson, aka “Lil Keith,” 22; James D. Hudgens, 26; Karshma F. Dardy, Jr., 20; all of Nashville, Tennessee, are charged with with conspiracy to steal, possess and sell stolen firearms, all of which were recently stolen during five separate gun store burglaries in the middle Tennessee and southern Kentucky area. Keshawn Martin, 19, also of Nashville, is charged in a separate indictment with possession of a stolen firearm. The indictment also charges Swanson, Hudgens and Dardy Jr. with possessing stolen firearms and unlawfully engaging in the business of selling firearms.
“We realize that the recent rash of gun store burglaries and the substantial number of stolen guns potentially getting into the wrong hands have placed our communities at significant risk,” said U.S. Attorney Cochran. “I commend the ATF and our local law enforcement partners for their swift action in identifying those responsible and recovering many of these stolen firearms. We will continue to aggressively to pursue others who are involved in these crimes as well as other gun store thefts not addressed here today.”
According to the charging documents, between January 10, 2018 and February 18, 2018, five gun stores were burglarized, resulting in the theft of approximately 125 firearms:
Whittaker Gun Store, located in Owensboro, Kentucky was burglarized on January 10, 2018, and approximately 63 firearms were stolen; Wheeler’s Fastway Gun and Pawn, located in Bowling Green, Kentucky, was burglarized on January 17, 2018, and approximately 26 firearms were stolen; Kwik Cash Pawn Shop, located in Smyrna, Tennessee, was burglarized on January 19, 2018, and eight firearms were stolen; King’s Firearms and More, located in Columbia, Tennessee, was burglarized on February 13, 2018, and approximately 24 firearms were stolen; and on February 18, 2018, approximately 12 firearms were stolen during a burglary at Guns and Gear, located in Paris, Tennessee.
According to the indictments and other court documents, beginning in January 2018, Keith Swanson and others began recruiting individuals, including juveniles, to participate in burglaries of area gun stores. During the investigation of these burglaries and as the thefts continued to occur, agents found several “for sale” listings of similar firearms on the website, “Armslist.com.” Undercover agents were subsequently able to purchase several of the stolen firearms from James Hudgens and Keith Swanson and identify Keith Swanson as the person Hudgens was in frequent contact with when negotiating the sale of the firearms. Hudgens and Swanson were charged in a criminal complaint on February 23, 2018, and taken into federal custody.
Court documents also reflect that on February 23, 2018, agents interviewed Karshma Dardy, Jr., who was in custody at the Sumner County Jail on car-jacking charges. Agents were able to develop enough information to implicate his participation in some of the gun store burglaries and Dardy Jr. was subsequently charged in a federal criminal complaint on February 28, 2018.
Keshawn Martin was also charged in a federal criminal complaint on March 9, 2018, after being a passenger in a vehicle that was pulled over by Metropolitan Nashville police officers the previous day. According to the complaint, Martin fled on foot before being captured by police. When he was apprehended, a pistol was protruding from Martin’s pants pocket. This pistol was later determined to have been stolen during the burglary from King’s Firearms on February 13, 2018.
“Reducing violent crime and removing dangerous criminals from our communities is ATF’s top priority,” said Acting ATF Special Agent in Charge Jack Webb. “We will continue our collaborative efforts with our law enforcement partners and the U.S. Attorney’s Office as we strive to provide a safe environment for the public.”
If convicted, the defendants face up to 5 years in prison for the conspiracy charge; up to 5 years in prison for selling firearms without a license; and up to 10 years in prison for possessing stolen firearms; and a $250,000 fine.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the Tennessee Bureau of Investigation; Metropolitan Nashville Police Department; the 18th Judicial District Drug Task Force; the Hendersonville Police Department; the Gallatin Police Department; the Henry County Sheriff’s Office; the Rutherford County Sheriff’s Office; and the Davies County, Kentucky Sheriff’s Office. Assistant U.S. Attorney Siji Moore is prosecuting the case.
An indictment is merely an accusation. All defendants are presumed innocent until proven guilty in a court of law.
Four Correctional Officers Indicted for Introducing or Possessing Drugs in Tennessee PrisonRead the Press Release
Memphis, TN – Four individuals have been indicted for introducing or possessing drugs in the Tennessee Department of Correction. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictments today.
On February 20, 2018, a federal grand jury returned four indictments against four Tennessee Department of Correction officers who worked at the Northwest Correctional Complex, a state penitentiary in Lake County, Tennessee.
U.S. Attorney D. Michael Dunavant said: "Official misconduct by public officers in positions of trust and authority undermines the foundational integrity of our government institutions and the security of correctional facilities. We will root out, expose, and hold accountable those officials who violate their oath for personal gain by introducing illegal narcotics into jails and prisons."
"Every day across this great state the overwhelming majority of correctional professionals perform their duties with professionalism in an environment few people have the strength to tread," shares TDOC Commissioner Tony Parker. "Officers that violate their oath will not be tolerated and will be prosecuted to the fullest extent of the law."
The four defendants listed are:
- Kiara Bogan, 27, Hickman, KY, indicted for distribution of marijuana.
- Michael Holland, 20, Union City, TN, indicted for two counts of possession of marijuana with intent to distribute.
- Darreia Johnson, 21, Hickman, KY, indicted for possession of marijuana with intent to distribute.
- Robert Sanders, 41, Newbern, TN, indicted for possession of cocaine with intent to distribute.
"Law enforcement officers are accountable for enforcing the law and upholding the public trust, especially corrections officers who are responsible for overseeing those held in the custody of the state," said Special Agent in Charge Michael T. Gavin of the Memphis Field Office of the Federal Bureau of Investigation. "These indictments should not be a reflection on the vast number of law enforcement professionals who honorably serve their communities and represent their agencies every day, like those who vigorously investigated this matter."
During this investigation, agents seized 13 ounces of marijuana and 51 grams of cocaine.
If convicted, defendants Bogan, Holland and Johnson each face up to 5 years imprisonment. Defendant Sanders faces up to 20 years in federal prison.
The Federal Bureau of Investigation’s Tarnished Badge Task Force investigated the case against Bogan and Sanders. The Tennessee Department of Correction’s investigative unit investigated the case against Johnson and Holland.
Assistant U.S. Attorney Dean DeCandia is prosecuting these cases on the government’s behalf.
The charges and allegations in the indictments are merely accusations, and the defendants are presumed innocent unless and until proved guilty.
Former Val Verde County Commissioner Ramiro Ramon Sentenced to Federal PrisonRead the Press Release
In Del Rio today, a federal judge sentenced former Val Verde County Precinct 1 Commissioner Ramiro V. Ramon to 18 months in federal prison for underreporting his total income on three separate federal Income Tax Returns, announced United States Attorney John F. Bash, FBI Special Agent in Charge Christopher Combs and Acting IRS-Criminal Investigation Special Agent in Charge Andy Tsui.
In addition to the prison term, United States District Judge Alia Moses ordered that Ramon pay $10,780 restitution to the Internal Revenue Service and be placed on supervised release for a period of one year after completing his prison term. Ramon remains on bond pending notification by the U.S. Bureau of Prison as to where to report to begin serving his prison term.
On April 27, 2017, Ramon pleaded guilty to three counts of false statements on Income Tax Returns. According to court records, since 2005, the defendant managed a Val Verde County real estate project called “the Ranch.” Between 2005 and 2012, Ramon accepted approximately $47,000 in payments from a San Antonio developer; approximately $10,500 from a group of New Braunfels business owners; and $5,000 from a California businessman, to manage the property. Ramon, admittedly, failed to report the total income he received from managing ‘The Ranch” on his electronically filed federal income tax returns for 2010, 2011 and 2012.
“Rooting out public corruption remains one of the IRS-CI’s highest priorities,” said Acting Special Agent in Charge Andy Tsui, San Antonio Field Office. “Today’s sentencing of Ramiro Ramon further illustrates no public official gets a free pass to ignore the tax laws.”
The Federal Bureau of Investigation (FBI) and the Internal Revenue Service-Criminal Investigation (IRS-CI) investigated this case. Assistant United States Attorney William R. Harris prosecuted this case on behalf of the Government.
Former Seattle Police Officer Sentenced to Six Years in Prison for Role in Marijuana Smuggling ConspiracyRead the Press Release
A former Seattle Police Officer was sentenced today to 6 years in prison, and his co-conspirator in an interstate marijuana distribution scheme was sentenced today to 14 years in prison, in U.S. District Court in Seattle, announced U.S. Attorney Annette L. Hayes. Former officer ALEX CHAPACKDEE, 44, of Seattle pleaded guilty in November 2017 to conspiracy to distribute marijuana and conspiracy to commit money laundering. Ring leader TUAN VAN LE, 43, of Maple Valley pleaded guilty in December 2017 to conspiracy to distribute marijuana and conspiracy to commit money laundering. At Chapackdee’s sentencing hearing U.S. District Judge Thomas S. Zilly said Chapackdee’s actions resulted in “[a] shame on his badge, his department, and on this community . . . and deserves to be punished accordingly.”
“These defendants – including a sworn law enforcement officer – flouted all applicable law when they shipped hundreds of pounds of marijuana to the East Coast in order to make the biggest possible buck,” said U.S. Attorney Annette L. Hayes. “Marijuana remains illegal under federal law and shipping unlicensed and untaxed marijuana across state lines certainly is illegal under state law as well. We will continue working with our federal, state, local and tribal partners to ensure that federal drug and money laundering laws are properly enforced.”
An investigation by the FBI’s Public Corruption Squad, the Drug Enforcement Administration (DEA), the Seattle Police Department, and Homeland Security Investigations revealed that on multiple occasions between January of 2015, and April 2017, LE and others made repeated trips between Seattle and Baltimore. While LE often flew one way or roundtrip, other members of the conspiracy made the trip by driving virtually non-stop. The vehicles carried hundreds of pounds of marijuana to the Baltimore area and the cash proceeds back to Seattle. CHAPACKDEE participated in multiple trips, driving his RV one or both ways in September, October and November, 2016, as well as in March and April 2017. CHAPACKDEE -- who was an SPD officer throughout the conspiracy -- admits that while he was furthering the conspiracy he was armed and carried his Seattle Police Department badge. CHAPACKDEE, LE and the other conspirators linked up at both ends of the trip, distributing the marijuana on the East Coast and then returning with the cash proceeds to Western Washington. Bank records indicate CHAPACKDEE repeatedly deposited his share of the cash in his personal account, in amounts just under $10,000, thereby avoiding reports to law enforcement. CHAPACKDEE used his status as a police officer to cover and protect the conspiracy.
The bulk of the proceeds were laundered into a marijuana growing/processing business, Tetra Holding Company (THC) that was ostensibly “legal” under Washington law and in the process of applying for a license from the State of Washington. On paper, the business was owned by two of the co-defendants, LE’s nephew, Hoang Le and his girlfriend, MEIFANG YU, 45. In reality, TUAN VAN LE was the primary investor, and was in control of the business. However, as a convicted felon, TUAN VAN LE is prohibited under Washington State law from being an owner/investor in any permitted marijuana business. TUAN VAN LE nonetheless provided his nephew, often through his girlfriend, with very large amounts of money to get THC up and running – close to $1 million dollars.
MEIFANG YU was sentenced today to 3 years of probation, including 180 days of home confinement and 150 hours of community service for her role in the conspiracy.
In addition to the prison terms both LE and CHAPACKDEE will be on federal supervision following prison of 5 years and 4 years, respectively. Both men have been in custody since their arrest on May 8, 2017.
Coconspirator Samath Khanhphongphane was sentenced to 5 years in prison on February 8, 2018. Defendants Phi Nguyen and Hoang Le will be sentenced on April 12, 2018.
This was an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, providing supplemental federal funding to the federal and state agencies involved. The case was investigated by the FBI, DEA, Seattle Police Department and Homeland Security Investigations (HSI). Multiple agencies assisted with the arrests and the serving of search warrants including the Port of Seattle Police Department.
The case is being prosecuted by Assistant United States Attorneys Vince Lombardi and Justin Arnold.
Former Police Officer Arrested on Drug and Tampering ChargesRead the Press Release
NEWPORT NEWS, Va. – A former Hampton Police Officer was arrested yesterday in Idaho on charges of conspiring to distribute narcotics and tampering with a witness.
According to allegations in the indictment, Deangelo Freeman, 30, conspired with Alex Jermaine Burnett, aka “Da Boss” aka “Styles”, Charles McMillan aka “Cee Mack”, Charles Bailey, Jr., Mario Deyon Barrett aka “Rio”, Jordan Davis, and Stanley Freeman aka “Pacman”, to distribute various narcotics in Hampton Roads. Freeman is also alleged to have committed witness tampering by providing the identity of an FBI confidential informant to his co-conspirators.
Freeman has been charged with conspiring to possess with intent to distribute narcotics, distribution of narcotics, and tampering with a witness. He faces a mandatory minimum of 10 years in prison and a maximum of life in prison if convicted. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, and Terry L. Sult, Chief of Hampton Police Division, made the announcement. Assistant U.S. Attorney Eric M. Hurt is prosecuting the case.
The Hampton Police Division has fully cooperated and provided significant assistance with this investigation. The Idaho State Police provided assistance with the arrest of Freeman in Idaho.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Brim Reaper. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:17-cr-111.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Former Live Oak Police Sergeant Sentenced to 120 Years in Federal Prison for Producing and Possessing Child PornographyRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Kyle Adam Kirby (37, Live Oak) to 120 years in federal prison for producing, attempting to produce, possessing, and accessing images and videos depicting the sexual abuse of minors. Kirby was arrested on October 28, 2015, at the Live Oak Police Department and has remained in the custody of the U.S. Marshals Service since that date. A federal jury found him guilty on December 7, 2017.
According to testimony and evidence at trial, on October 22, 2015, FBI agents and other law enforcement officers executed a search warrant at Kirby’s residence as a result of an online child exploitation investigation. At that time, Kirby was a sergeant with the Live Oak Police Department (LOPD). That same morning, the LOPD chief authorized the agents to inspect and search the computer located inside Kirby’s patrol car. A forensic examination of this computer revealed that it contained images depicting young children engaged in sexually explicit conduct. Kirby had used the patrol car computer to search for, download, access, and possess child pornography from as early as December 24, 2014.
A subsequent search of an LOPD desktop computer used by Kirby revealed images depicting nude and partially undressed children in at least three different bathrooms. Kirby had used one or more concealed cameras to surreptitiously film the unsuspecting minors. He then transferred these images to the LOPD desktop computer, and later unsuccessfully attempted to delete them. Agents were able to locate folders on the computer named for several of his victims.
Chief Alton “Buddy” Williams from the Live Oak Police Department stated, “I have been in law enforcement for 30 years, and this has been the most difficult situation I have faced. A trusted friend, officer and protector of the public betrayed all facets of the job he swore to do. I realize that mistakes happen, but this was no mistake it was a choice, a choice that has impacted not only his agency, but his trusted friends, family, and community to include all brothers and sisters of the badge. I am appreciative of the FBI, the U.S Attorney’s Office and all others involved. Justice did prevail.”
“This case is another example of the relentless efforts of the FBI and our law enforcement partners to identify those who prey on our children,” said Charles P. Spencer, Special Agent in Charge of the FBI Jacksonville Division. “It is made even more egregious having been committed by someone who swore to uphold the law and protect the community. Let it be known that the FBI will stop at nothing to protect innocent victims, and seek justice for the heinous acts committed against them.”
This case was investigated by the Federal Bureau of Investigation, the Columbia County Sheriff’s Office, and the Florida Department of Law Enforcement, with the full cooperation of the Live Oak Police Department. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Lakeland Man Charged with Storing Hazardous WasteRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Marian Walas (65, Lakeland) with storage of hazardous waste without a permit, in violation of the Resource Conservation Recovery Act (RCRA). If convicted, he faces a maximum penalty of five years in federal prison and a fine of up to $50,000 per day of the violation. Walas was arrested in Atlanta on February 14, 2018.
According to the indictment, Walas was the president and manager of Rincat LLC (now defunct), a business that recycled automotive catalytic converters to recover the precious metal catalysts, mostly consisting of platinum, palladium, and rhodium. This recycling process generated hazardous waste, including chloride, sulfuric acid, and various heavy metals. Between August and December 2010, Walas allegedly stored this hazardous, corrosive, and toxic waste at a warehouse in Lakeland for a period more than 90 days without a permit issued by the United States Environmental Protection Agency or the state of Florida, as required by the RCRA.
Specifically, between March and June 2010, Walas/Rincat hired a waste disposal company to remove eight loads (37,150 gallons) of hazardous waste from Rincat’s warehouse. On June 15, 2010, there were at least 21 containers of hazardous waste present. Walas/Rincat were evicted from the warehouse by the property owner on August 24, 2010. The following month, the Florida Department of Environmental Protection (FDEP) discovered approximately 38,550 gallons of hazardous waste left behind at the warehouse. Thereafter, the property owner worked with FDEP to properly dispose of the hazardous waste at a total cost of approximately $83,000.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Environmental Protection Agency and the Florida Department of Environmental Protection. It will be prosecuted by Assistant United States Attorneys Daniel George and Kelley Howard-Allen.
Former Bothell Resident Sentenced to 24 Years in Prison for Producing, Possessing, and Distributing Images of Child MolestationRead the Press Release
DONALD MCCOY JR , 53, of Bothell, Washington, was sentenced today in U.S. District Court in Seattle to twenty-four years in prison and lifetime supervised release for production, distribution and possession of child pornography, announced U.S. Attorney Annette L. Hayes. MCCOY was arrested in October 2016, and has been in federal custody since that time. At the sentencing hearing U.S. District Judge James L. Robart said “that his sentence was intended to remove [the defendant] from society so he cannot do this anymore.”
“No sentence – no matter how long -- will ever address the harm this defendant did,” said U.S. Attorney Annette L. Hayes. “Not only did he commit a horrific crime when he molested young children, but he also harmed other children when he participated in the trading of images and videos of their abuse. I commend the dedication of the law enforcement officers who ensure that offenders are taken off the internet and out of our communities so they can no longer hurt our kids.”
According to records filed in the case, MCCOY came to the attention of federal law enforcement in 2016, when an undercover agent using peer-to-peer file sharing software observed images of child rape being shared from a computer tied to an internet protocol address that traced back to MCCOY’s residence. After obtaining the address and a court authorized search warrant, law enforcement executed the search at MCCOY’s home. Forensic examination of various electronic devices revealed that MCCOY had produced images of his molestation of four young children between the ages of 6 and 13 years-old. MCCOY molested several of the children while they were asleep.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) with assistant with the Seattle Internet Crimes Against Children Task Force. The case was prosecuted by Assistant United States Attorney Matthew Hampton.
Federal Jury Convicts Louisiana Woman in Connection with Disaster Fraud and Identity Theft SchemeRead the Press Release
U.S. Attorney Brandon J. Fremin, who also serves as the Executive Director of the National Center for Disaster Fraud, announced today that a jury has convicted RENATA FOREMAN, age 38, of Independence, Louisiana, on multiple wire fraud and aggravated identity theft counts following a three-day trial before U.S. District Judge Shelly D. Dick. The charges relate to FOREMAN’s scheme to fraudulently obtain over $150,000 in federal disaster assistance funds from FEMA following the historic August 2016 flooding in Louisiana.
Following the 2016 flooding, which affected 20 parishes in south Louisiana, FEMA funds were available to people who became unemployed because of the flood. The funds were administered by the Louisiana Workforce Commission in the form of Disaster Unemployment Assistance (“DUA”). In total, FOREMAN submitted approximately 55 fraudulent applications using stolen identities.
At trial, the jury heard testimony and saw evidence that FOREMAN kept logs and notebooks containing personally identifiable information (PII) of numerous people which she used in her scheme. The evidence also showed that FOREMAN submitted fraudulent claims from multiple locations in New Orleans and the surrounding area. During the commission of the crime, FOREMAN was residing in a federal halfway house stemming from her 2013 convictions for mail fraud, theft of government funds, and identity theft. As a result of yesterday’s conviction, FOREMAN could face a significant prison term and fines.
“We will continue to aggressively pursue fraudsters who are taking advantage of and exploiting vulnerable people who have been affected by devastating natural disasters,” said U.S. Attorney Brandon J. Fremin. The U.S. Attorney’s Office for the Middle District of Louisiana, together with the National Center for Disaster Fraud and our federal, state, and local law enforcement partners, is working diligently to root out fraudulent claims for assistance and ensure that government funds are available to those who truly are in need.” Fremin also thanked the Louisiana Workforce Commission (“LWC”) for identifying the potential fraud early on and working with the U.S. Attorney’s Office, the U.S. Department of Labor, and the Federal Bureau of Investigation to prosecute this important case. “Close cooperation with our state partners such as the LWC is the only way we can truly combat this type of fraud.”
Steve Grell, Special Agent-in-Charge, Dallas Region, of the U.S. Department of Labor, Office of Inspector General, stated, “Renata Foreman stole the identities of more than 50 victims, including deceased persons, in an attempt to fraudulently obtain over $150,000 in financial assistance from the U.S. Department of Labor’s Disaster Unemployment Assistance Program. We will continue to work with our federal and state law enforcement partners to protect those benefits intended for individuals unemployed as a direct result of a major disaster.”
Members of the public are reminded to apply a critical eye and do their due diligence before trusting anyone purporting to be working on behalf of disaster victims. Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. The telephone line is staffed by a live operator 24 hours a day, 7 days a week. You can also fax information to the Center at (225) 334-4707, or email it to [email protected]. Learn more about the National Center for Disaster Fraud at www.justice.gov/disaster-fraud.
This matter is being investigated by the U.S. Department of Labor, Office of Inspector General and the Federal Bureau of Investigation (“FBI”). The case is being prosecuted by Assistant U.S. Attorneys Pete Smyczek and Fred Menner.
Federal Judge Sentences Mexican Smuggler who Crashed Pickup Truck Loaded with AliensRead the Press Release
LAREDO, Texas – A 52-year-old resident of Nuevo Laredo, Mexico, has been ordered to federal prison following his conviction of conspiracy to transport illegal aliens, announced U.S. Attorney Ryan K. Patrick. Jose Antonio Camacho-Partida pleaded guilty Nov. 1, 2017.
Today, visiting U.S. Appellate Judge Kimberly Moore handed Camacho-Partida a 92-month sentence. Not a U.S. citizen, he is expected to face deportation proceedings following the sentence.
On the late evening of July 31, 2017, Border Patrol (BP) received information that a pickup truck with several subjects onboard was observed inside a ranch in Webb County. Upon their arrival, agents discovered the lock to the main gate had been cut. A pilot with a Customs and Border Protection (CBP) aerial unit located the vehicle and relayed that the pickup’s driver had exited the truck and cut the lock to another gate inside the property. The driver was later identified as Camacho-Partida.
Authorities then converged on the truck as it approached their position. Camacho-Partida attempted to get away, driving through a barbed wire fence at a high rate of speed and crashing into a tree. He ran from the truck as did additional suspects. Camacho and 12 others subjects were apprehended. All were determined to be undocumented aliens.
Camacho admitted he was hired to smuggle aliens through the ranch to avoid a Border Patrol (BP) checkpoint. He expected to be paid between $3,000 and $4,000 to smuggle the aliens to San Antonio.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigations with the assistance of CBP and BP. Assistant U.S. Attorney Michael Bukiewicz is prosecuting the case.
Fairbanks Man Charged for Misapplying over $300,000 from Organization Receiving Federal FundsRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that a Fairbanks man has been indicted for willfully misapplying over $300,000 from an organization receiving federal funds, among other charges.
David Michael McGraw, 38, of Fairbanks, was named in a seven-count indictment charging him with misapplication from an organization receiving federal funds, money laundering, and making and subscribing a false return.
From 2010 to 2014, McGraw was the Finance Director for the Yukon River Inter-Tribal Watershed Council (“Watershed Council”), a nonprofit corporation formed to improve and preserve the water quality of the Yukon River. The organization received federal grant money in excess of $1 million each fiscal year that McGraw was the Financial Director. According to the indictment, McGraw intentionally misapplied approximately $315,000 from the Watershed Council for his personal benefit including, among other things, the purchase of an airplane, maintenance on the airplane, flight school for himself, the purchase of real estate, more than a dozen firearms, and online pornography fees.
The indictment alleges that McGraw willfully misapplied funds from the Watershed Council by, among other methods, diverting money from the Watershed Council to two corporations set up at his direction, Clear Skies Aviation LLC and Interior Rentals LLC. McGraw used the money he diverted to these corporations to purchase and maintain an airplane and to make a down payment on real estate.
The indictment further alleges that, for the years 2011 to 2013, McGraw knowingly filed false personal income tax returns, which failed to disclose the business income from Clear Skies Aviation LLC.
If convicted, McGraw faces a sentence of up to 10 years in prison for the misapplication and money laundering charges, up to three years in prison for the false tax return charges, and a $250,000 fine.
The IRS-Criminal Investigation (“IRS-CI”) and Federal Bureau of Investigation (“FBI”), with assistance from the Environmental Protection Agency, Office of Inspector General (“EPA OIG”) and the National Science Foundation, Office of Inspector General (“NSF OIG”), conducted the investigation leading to the indictment in this case. This case is being prosecuted by Assistant U.S. Attorney Aunnie Steward.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Elementary School Janitor Sentenced for Selling Heroin on School GroundsRead the Press Release
NEWPORT NEWS, Va. – Two Newport News men have been sentenced to a combined 87 months in prison for distributing heroin, including on the property of a local elementary school.
According to court documents, Aaron Williams, 28, who was employed as a janitor at Sedgefield Elementary School in Newport News, was involved with Scott Fletcher, 51, in distributing heroin in Newport News and Hampton. In October 2016, Williams sold heroin he acquired from Fletcher to a confidential informant on school property at Sedgefield Elementary School.
Williams was sentenced yesterday to 21 months in prison and six years of supervised release. Fletcher was sentenced today to 66 months in prison and four years supervised release.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, made the announcement after Fletcher’s sentencing by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorney Eric M. Hurt is prosecuting 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. 4:17-cr-89.
Edwardsville Man Pleads Guilty to Two Bank RobberiesRead the Press Release
On March 22, 2018, Marcus J. Thornton, 37, of Edwardsville, Illinois, pled guilty in federal district court, in East St. Louis, to two counts of bank robbery, the United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today. Thornton faces a prison term of up to 40 years, a fine of up to $500,000, a minimum of five years of supervised release after his prison term, and an amount of restitution that is yet to be determined.
Court proceedings revealed that on October 13, 2016, Thornton entered the Regions Bank located at 107 E. Schuetz Street, Lebanon, Illinois, brandished a silver and black semi-automatic handgun, and demanded money from bank tellers. Thornton took a total of $13,710.90 in United States currency before fleeing in a vehicle.
Court proceedings also revealed that on February 9, 2017, Thornton entered the U.S. Bank located at 400 South Lincoln Avenue, O’Fallon, Illinois, brandished a silver and black semi-automatic handgun, and demanded money from bank tellers. Bank tellers gave $10,720 in United States currency to Thornton, who then put the currency into a white plastic bag, and fled in a vehicle.
This case is being investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorneys Daniel T. Kapsak and James G. Piper, Jr..
Doctor Sentenced to More Than 9 Years in Prison for Selling Fentanyl That Resulted in Manhattan Man’s Overdose DeathRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that AVINOAM LUZON was sentenced this afternoon to 110 months in prison for selling fentanyl that resulted in the overdose death of Gabriel Tramiel, 32, of Manhattan, on October 22, 2016. LUZON was sentenced today by United States District Judge Lewis A. Kaplan.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Today, Avinoam Luzon was sentenced to prison for selling a lethal dose of fentanyl that took the life of Gabriel Tramiel. He committed this crime as a trained medical doctor and while enrolled as a graduate student in public health at a university in Manhattan. Luzon’s conduct helped fuel the nation’s most serious health crisis, the opioid abuse epidemic.”
According to the Information and other documents filed in federal court, as well as statements made during LUZON’s plea proceeding and sentencing:
In the early morning hours of October 23, 2016, Gabriel Tramiel was found dead by his wife. The medical examiner determined the cause of Tramiel’s death to be acute fentanyl intoxication. The night before, LUZON and Tramiel met at a drug store on the Upper West Side of Manhattan where LUZON sold Tramiel a quantity of fentanyl. Tramiel then purchased a nasal spray bottle, and the two went to a nearby restaurant where Tramiel used the drugs in the restaurant bathroom. When Tramiel returned to the table, he was visibly inebriated from the effects of the narcotic. Shortly thereafter, surveillance video recovered from the apartment building where Tramiel died showed Tramiel inhaling the contents of the nasal spray bottle in the elevator. Tramiel died a few hours later. When LUZON learned of Tramiel’s death the following morning, LUZON called Tramiel’s wife and said he “might be responsible” but claimed he had given Tramiel “liquid morphine.” The contents of the nasal spray bottle used by Tramiel were tested and determined to be fentanyl. Law enforcement later searched LUZON’s dorm room and recovered over 160 grams of fentanyl and numerous nasal spray bottles.
In November 2017, LUZON pled guilty before United States Magistrate Judge Debra Freeman. At his guilty plea, LUZON admitted that he had intentionally and knowingly distributed fentanyl to Tramiel on October 22, 2016. Tramiel was found dead the next morning.
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In addition to the prison term, LUZON, 33, of Mountain View, California, was sentenced to three years of supervised release.
Mr. Berman praised the outstanding work of the New York City Police Department. Mr. Berman also thanked the New York State Department of Health’s Bureau of Narcotics Enforcement for their assistance with this investigation.
This case is being handled by the Office’s Narcotics Unit. Assistant U.S. Attorneys Karin Portlock and Matthew Podolsky are in charge of the case.
Davenport Man Sentenced to Prison for Unlawful Possession of a FirearmRead the Press Release
DAVENPORT, Iowa – On March 21, 2018, United States District Court Judge Stephanie M. Rose sentenced Olajuwan Hakeem Culbreath, age 22, of Davenport, to 51 months in prison for a felon in possession of a firearm charge, announced United States Attorney Marc Krickbaum. Culbreath was ordered to serve three years of supervised release following his term of imprisonment, pay $100 to the Crime Victims’ Fund, and forfeit the firearm he possessed.
On October 13, 2017, Culbreath pleaded guilty to the charge that arose from an investigation by the Davenport Police Department. On June 6, 2017, law enforcement officers made contact with Culbreath and observed a firearm sticking out of Culbreath’s pants. The weapon was a stolen, loaded Taurus 9-millimeter pistol. Culbreath has prior felony convictions and was not allowed to possess a firearm.
This matter was investigated by the Davenport Police Department and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Davenport Man Sentenced to Prison for Unlawful Possession of a FirearmRead the Press Release
DAVENPORT, IA – On Tuesday, March 20, 2018, United States District Court Judge Stephanie M. Rose sentenced Davion Burge, age 22, of Davenport, to 84 months in prison for a felon in possession of a firearm charge, announced United States Attorney Marc Krickbaum. Burge was ordered to serve three years of supervised release following his imprisonment and pay $100 to the Crime Victims’ Fund.
On September 14, 2016, Burge possessed a Walthar .22 caliber rifle, Model M-4, as he walked near West High School in Davenport, Iowa. When approached by law enforcement Burge ran and hid in a nearby apartment complex. Due to Burge’s location, the school was placed on lockdown for approximately one hour. When apprehended, Burge additionally was in possession of a Taurus, 9-millimeter pistol, Model PT 24/7, as well as ammunition for the Walthar rifle and Taurus pistol. Burge admitted he broke into a residence earlier that day and stole the firearms and ammunition. Burge was prohibited from possessing firearms as he has two prior felony burglary convictions and a felony conviction for escape.
This matter was investigated by the Davenport Police Department, Davenport Police Department’s Tactical Operations Bureau, Scott County Sheriff’s Office, and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Covington Man Sentenced for Possession of Child PornographyRead the Press Release
U.S. Attorney Duane A. Evans announced that DARRELL RICKS, age 66, of Covington, was sentenced today for crimes involving the sexual exploitation of children.
According to court documents, beginning at an unknown time to on or about October 21, 2016, RICKS knowingly downloaded and received images and videos depicting the sexual victimization of minors.
U.S. District Judge Nannette Jolivette Brown sentenced RICKS to 108 months incarceration to be followed by ten (10) years of supervised release. RICKS will also be required to register as a sex offender pursuant to the Sex Offender Registration and Notification Act.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
U.S. Attorney Evans praised the work of the U. S. Department of Homeland Security-Homeland Security Investigations, the Louisiana State Police, St. Tammany Parish Sheriff’s Office, and the Louisiana Bureau of Investigation in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U. S. Attorney Brian M. Klebba.
Columbia Man Sentenced to 23 Years for Meth ConspiracyRead the Press Release
JEFFERSON CITY, Mo. – A Columbia, Mo., man and three Compton, Calif., men were sentenced in federal court today for their roles in a conspiracy to distribute methamphetamine that was shipped to Columbia through the mail.
Zachary Troy Fennell, 39, of Columbia, and Fernando Chavez, 33, Favbion Dawayne Holmes, 40, and Dijon Rasheed Brown, 25, all of Compton, were sentenced in separate appearances before U.S. District Judge Stephen R. Bough. Fennell was sentenced to 23 years and four months in federal prison without parole. Chavez and Brown were each sentenced to 15 years and eight months in federal prison without parole. Holmes was sentenced to 10 years in federal prison without parole.
Fennell, Chavez and Holmes each pleaded guilty to participating in a conspiracy to distribute methamphetamine. Fennell also pleaded guilty to possessing methamphetamine with the intent to distribute and to being a felon in possession of a firearm. Brown was convicted at trial of conspiracy to distribute methamphetamine, possessing methamphetamine with the intent to distribute and of being a felon in possession of a firearm. They are among 10 defendants who have been convicted and sentenced in this case.
According to court documents, Fennell – the leader of the conspiracy – began receiving methamphetamine through the mail and distributing it in Columbia as early as December 2014. In October and November 2015, investigators seized four parcels intended for delivery to Fennell that were found to contain a total of 3.55 kilograms of pure methamphetamine. Fennell, a former gang associate of his co-defendants from Compton, has been involved in criminal activity throughout his lifetime and has lived a violent, gang-related lifestyle.
According to court documents, Chavez mailed packages containing large quantities of almost pure methamphetamine to Fennell to distribute. Chavez was a gang member and heavily involved in criminal activities associated with gang affiliation. Holmes’ role in the conspiracy was to provide armed protection for Fennell. Holmes usually kept armed watch by the front door of Fennell’s residence, and accompanied Fennell on drug deals. Holmes has had lifelong affiliation with a street gang. Brown provided armed protection to Fennell and distributed methamphetamine. Brown has been an active gang member, and participated in the violent criminal lifestyle associated with gang affiliation. Brown has been involved in extensive criminal activity, including crimes of violence and weapons offenses.
In October 2015, according to court documents, Fennell was the victim of a home invasion robbery by rival drug dealers. His money, drugs and guns were stolen. He called his associates from California — Brown, Holmes and co-defendant Kameron Terrell Howard, 27, of Compton, to come to Columbia to help protect his drug enterprise. These men were present when investigators made a controlled delivery of a parcel containing methamphetamine to Fennell’s residence on Nov. 10, 2015.
Postal inspectors identified a suspicious parcel on Nov. 6, 2015, that was mailed from California to the residence of Fennell and co-defendant Melissa Guerra, 36, of Columbia, which was suspected to contain a controlled substance. Federal agents recovered 444.8 grams of pure methamphetamine, valued at more than $11,000, from the parcel inside a hollowed-out book.
Federal agents executed a controlled delivery of the parcel on Nov. 10, 2015. Officers conducting surveillance of the residence saw two men leave the house at approximately 9:55 a.m. in a white Chevrolet Suburban. The parcel was delivered at 10:04 a.m. and placed next to the front door. A man inside the residence was observed opening and closing the front door of the residence several times, viewing the package through the screen of the storm door.
The white Chevrolet Suburban, which had previously left the residence, was observed driving past the residence at approximately 10:31 a.m., conducting what appeared to be counter-surveillance. After passing the residence one time, the vehicle returned and parked in the driveway of the residence at approximately 10:33 a.m. Brown and the driver got out of the vehicle; Brown took the parcel off the front porch and brought it inside the residence. At approximately 10:36 a.m., Fennell was observed bringing the parcel back outside the residence and placing it next to the front door. Several occupants of the residence were observed sitting near the front porch.
Shortly thereafter federal agents, assisted by the Boone County Sheriff’s Department Special Weapons and Tactics (SWAT) team, approached the residence to execute the search warrant. Brown ran to the front door of the residence, opened it, and shut the door behind him. SWAT members were unable to breach the door as it had been reinforced. SWAT members entered at another location and agents saw Brown along with Holmes and Howard running out the back door of the residence attempting to evade law enforcement. They hopped the backyard fence and continued running into an area of overgrown vegetation. Holmes was apprehended a short distance on the other side of the fence. Howard and Brown were apprehended hiding in a pool shed approximately one-quarter to a half-mile away, after a brief manhunt which resulted in the lockdown of a nearby elementary school. Fennell was apprehended in the front yard of the residence.
Law enforcement officers also located three loaded firearms inside the residence, a small amount of methamphetamine in the freezer and in an upstairs bedroom dresser, and various documents that appeared to be ledgers for narcotics transactions.
This case was prosecuted by Assistant U.S. Attorneys Jim Lynn and Ashley S. Turner. It was investigated by the FBI, the U.S. Postal Inspection Service, the Columbia, Mo., Police Department and the Boone County, Mo., Sheriff’s Department.
Columbia Man Sentenced to 15 Years for Producing Child PornographyRead the Press Release
JEFFERSON CITY, Mo. – A Columbia, Mo., man was sentenced in federal court today for producing and possessing child pornography.
Justin Gene Hull, 33, of Columbia, was sentenced by U.S. District Judge Stephen R. Bough to 15 years in federal prison without parole.
Hull, who pleaded guilty on Oct. 24, 2017, admitted that he used a child victim to produce child pornography on Dec. 9, 2015. Hull also admitted that he was in possession of child pornography from December 2014 to December 2015.
A detective in the Boone County Sheriff’s Department Cyber Crimes Task Force received a CyberTip from the National Center for Missing and Exploited Children on Oct. 6, 2015, regarding a complaint from Dropbox. Hull had uploaded approximately 71 videos believe to contain child pornography to his Dropbox account. Investigators examined Hull’s Dropbox records, which indicated that approximately 390 videos (with titles consistent with child pornography) had been uploaded between July 2014 and July 2015.
On Dec. 10, 2015, law enforcement officers executed a search warrant at Hull’s residence and seized a cell phone. During an examination of the phone, the Kik application was found to be installed on the phone, and numerous chats of a sexual nature were discovered. During various Kik chats, Hull claimed to have 400 child pornography videos, and during the chats he provided links to child pornography files stored on Dropbox. The content of the messages indicated that Hull was exchanging child pornography with other Kik users.
During a Dec. 9, 2015, conversation with a 16-year-old Kik user, Hull requested and received pornographic images she took of herself.
A total of 478 images depicting child pornography were found on Hull’s cell phone, the majority of which were thumbnail images associated with Dropbox. Other child pornography images were found associated with Skype and Kik. Numerous videos were found on the phone, as well as cached videos related to Kik and Dropbox.
According to court documents, Hull also engaged in a sexual relationship with another 16-year-old girl.
This case was prosecuted by Assistant U.S. Attorney Jim Lynn. It was investigated by the FBI, the Boone County, Mo., Sheriff’s Department and the St. Charles Cyber Crimes Forensic Laboratory.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Cherokee County Men Arrested on Federal Obstruction and Firearms ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Gregory Ellis, age 21, of Gaffney; Isaac Harris, age 20, of Gaffney; Christopher Littlejohn, age 27, of Gaffney; Benjamin Morris, age 21, of Gaffney; Shemar Smith, age 21, of Gaffney; and Lazarus Wilson, age 20, of Chesnee, all had first appearances in federal court in Greenville on obstruction of justice charges. Harris, Littlejohn and Smith were also charged with felon in possession of a firearm and Morris was charged with providing false information to a federal law enforcement officer.
The indictment charges in Count One that Gregory Ellis, Isaac Harris, Christopher Littlejohn, Benjamin Morris, Shemar Smith and Lazarus Wilson did conspire with each other and others to corruptly influence, obstruct and impede or endeavor to influence, obstruct and impede the due administration of justice in United States of America v. Marcus Devante Horne, No. 7:17-CR-103, in the U.S. District Court for the District of South Carolina, by creating a scheme to place weapons in a residence in an attempt to obtain sentencing consideration for Marcus Devante Horne. The penalty for Count One is up to ten years and a fine of up to $250,000. Counts Two, Three and Four of the indictment charge each of Isaac Harris, Christopher Littlejohn and Shemar Smith with being a felon in possession of a firearm. The penalty for that offense is up to ten years and a fine of up to $250,000. Count Five alleges that Benjamin Morris did willfully and knowingly make a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the judicial branch of the Government of the United States, to Bureau of Alcohol, Tobacco and Firearm Special Agent Heather Cox-McClain. The penalty for that offense is up to five years and a fine of up to $250,000.
The Gaffney Police Department, the Cherokee County Sheriff’s Office and ATF investigated the case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the U.S. Attorney’s Office, is prosecuting the case.
The United States Attorney stated that all charges in these indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Chalmette Woman Pleads Guilty to Disaster FraudRead the Press Release
U.S. Attorney Duane A. Evans announced that TIFFANY RICHARDSON, age 30, of Chalmette, Louisiana, pleaded guilty to one count of disaster relief fraud before United States District Court Judge Susie Morgan.
According to the charging document, RICHARDSON applied for disaster assistance from the Small Business Administration following tornadoes that struck Oklahoma in 2013. She falsely claimed that she had a primary residence in an affected area of Oklahoma, when in fact, RICHARDSON lived in Chalmette, which is within the Eastern District of Louisiana.
Sentencing is on June 28, 2018. RICHARDSON faces a sentence of up to thirty (30) years in prison, up to $250,000 in fines, and up to three (3) years of supervised release.
U.S. Attorney Evans praised the work of the Small Business Administration, Office of Inspector General and the Department of Homeland Security for their investigation of the matter. Assistant U.S. Attorney Edward J. Rivera is in charge of the prosecution.
Carson City Man Faces Life in Prison for Kidnapping and Assaulting A Woman After 12-Hour Armed Standoff with Police in WadsworthRead the Press Release
RENO, Nev. – A Carson City man made his initial appearance today in federal court on charges related to kidnapping and assaulting a woman after holding her hostage during a 12-hour armed standoff with law enforcement on the Pyramid Lake Indian Reservation, announced U.S. Attorney Dayle Elieson of the District of Nevada.
Rocky Neil Boice Jr., 39, was indicted with one count of kidnapping, one count of use of a firearm during and in relation to a crime of violence, one count of felon in possession of a firearm, and two counts of assault with a dangerous weapon. He appeared in federal court today before U.S. District Magistrate Judge Valerie P. Cooke.
According to allegations contained in the indictment and criminal complaint, on February 26, 2018, in Wadsworth, Nevada, Boice threatened two women with a knife and he stabbed one of the women in the face and abdomen. The second woman ran to a neighbor’s house to call for help. During an armed 12-hour standoff with law enforcement, Boice pointed a .22 caliber rifle multiple times at the hostage and shot her in the shoulder and head. He was arrested the next morning by law enforcement after the Washoe County SWAT team entered the home. Boice was convicted in 2002 of second degree murder and battery with a deadly weapon in Carson City.
If convicted, the statutory minimum penalty is life in prison for the kidnapping charge.
An indictment merely contains an allegation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The investigation was conducted by the FBI, the Bureau of Indian Affairs, and the Pyramid Lake Tribal Police Department, with the assistance of the Washoe County Sheriff’s Office and the Sparks Police Department. The case is being prosecuted by Assistant U.S. Attorney Shannon M. Bryant.
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Canadian Who Arranged Drug Smuggling Helicopter Flights Across Northern Border Pleads GuiltyRead the Press Release
A Canadian national who was extradited in January 2018 in connection with a 2008-2009 international drug smuggling scheme, pleaded guilty today in U.S. District Court in Seattle to conspiracy to possess with intent to distribute controlled substances, announced U.S. Attorney Annette L. Hayes. COLIN HUGH MARTIN, 46, from British Columbia, Canada, was indicted in 2010. At his sentencing hearing on June 29, 2018, MARTIN faces a mandatory minimum five years in prison and up to 40 years in prison. Prosecutors have agreed to recommend no more than ten years in prison. The ultimate sentence will be determined by U.S. District Judge Robert S. Lasnik.
According to records filed in the case, MARTIN conspired with others to transport cocaine north across the Canadian border via helicopter. The cargo coming south was ecstasy or BC Bud marijuana. MARTIN gained a prominent role in the cross-border smuggling conspiracy following a March 2008 seizure of MDMA in Tukwila and of cocaine in California. MARTIN purchased and leased various helicopters and recruited pilots to fly the illegal drugs across the border. MARTIN recruited people to load and off load the helicopters. MARTIN and his coconspirators used encrypted Blackberry phones and code names to communicate.
The plea agreement connects MARTIN to these drug seizures: 83 kilos of cocaine that was seized in Utah in February 2009, on its way to a helicopter transport site in rural northeastern Washington; 190 kilos of marijuana flown into eastern Washington; 20 kilos of cocaine seized in Ontario, California in February 2009; and 79 kilograms of marijuana from Canada that was seized by agents from a helicopter that landed in Idaho on March 5, 2009.
Co-defendant Sean William Doak was sentenced in 2016 to seven years in prison. Other co-conspirators received sentences ranging from 18 months to ten years in prison based on their level of involvement in the drug ring.
The case was investigated by the Drug Enforcement Administration (DEA) with assistance from the Royal Canadian Mounted Police (RCMP) and the Utah Highway Patrol.
The case is being prosecuted by Assistant United States Attorney Sarah Vogel with assistance from the Department of Justice Office of International Affairs.
California Man Sentenced to 200 Months for Methamphetamine ConspiracyRead the Press Release
U.S. Attorney Duane A. Evans announced that LEONID DJUGA, a/k/a “Leonid Dzhuga,” age 40, a resident of Reseda, California, was sentenced today by U.S. District Judge Lance M. Africk to 200 months in prison for charges stemming from a conspiracy to mail methamphetamine from California to south Louisiana for distribution.
According to court documents, in June 2014, St. Bernard Parish Sheriff’s Office (SBSO) deputies investigating methamphetamine distribution in Arabi, Louisiana, arrested two men who were selling methamphetamine on West Judge Perez Drive. Through their investigation, deputies learned that their source of methamphetamine was DJUGA, a resident of Reseda, California. SBSO deputies coordinated with agents from the Drug Enforcement Administration (DEA) New Orleans Field Office, and between June 26th and 27th, 2014, federal agents and SBSO deputies intercepted four packages containing methamphetamine being mailed through Federal Express to Arabi, Louisiana. In total, the four packages contained over one kilogram of methamphetamine. According to DEA laboratory analysts, the methamphetamine in all four packages had a purity level of over 99%, with one shipment testing as 100% pure methamphetamine.
On July 15, 2014, DEA agents assisted by Los Angeles Police Department officers and a St. Bernard Parish Sheriff’s deputy arrested DJUGA at his residence in Reseda, California, pursuant to a federal arrest warrant. At DJUGA’S residence, agents located plastic bottles that were similar to the bottles used to package the methamphetamine that was seized in Louisiana. Agents also seized from DJUGA’S office a notebook that appeared to be a drug ledger; a receipt for a package being shipped to Arabi, Louisiana; and three cellular telephones. Agents also located a BMW that was registered to DJUGA. In the trunk of the car, agents found a box cutter with residue. The residue was field tested which resulted in a presumptive positive result for the presence of methamphetamine. A subsequent search of DJUGA’S cellular phones pursuant to a warrant revealed text messages discussing shipments of packages to Louisiana and a photograph of a FedEx tracking label destined for Louisiana.
In sentencing DJUGA to 200 months in jail, Judge Africk also sentenced him to 5 years of supervised release after his term of imprisonment. In a related case, on February 8, 2018, one of DJUGA’S co-conspirators, Dan Pizarro, was sentenced to life imprisonment for his role in the scheme. Pizarro had been convicted of conspiracy to distribute 500 grams or more of methamphetamine after a four-day jury trial before U.S. District Judge Martin L.C. Feldman.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration and the St. Bernard Parish Sheriff’s Office. U.S. Attorney Evans also thanked the District Attorney’s Office for Louisiana’s 34th Judicial District, the DEA Los Angeles Field Office, and the Los Angeles Police Department for their assistance in this successful prosecution. Assistant United States Attorneys Matthew Payne, Brandon Long, and Shirin Hakimzadeh handled the prosecution.
Butte Man Sentenced to Federal Prison for Methamphetamine and Firearm OffensesRead the Press Release
BILLINGS – John William Wheeler, a 28-year-old resident of Butte, was sentenced today to 84 months in prison followed by 5 years supervised release after pleading guilty to conspiracy to possess with intent to distribute methamphetamine and felon in possession of a firearm in October. U.S. District Judge Susan Watters handed down the sentence.
Wheeler and his associates possessed and sold methamphetamine from approximately January 2016 until June 2016. He also traded methamphetamine for stolen firearms. Wheeler received 10 to 15 stolen long guns for an ounce of methamphetamine. During a probation search of his residence, approximately 2.5 ounces of methamphetamine, a handgun, ammunition, marijuana, and $1900 in cash were seized.
The case was prosecuted by Assistant U.S. Attorneys Thomas Godfrey and Paulette Stewart and investigated by the Missouri River Drug Task Force, Montana Probation and Parole, Montana Division of Criminal Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Park County Sheriff’s Office.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
Burlington Man Sentenced to 96 Months in Prison for Crack Cocaine TraffickingRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on March 22, 2018, Travis Barrow, 31, was sentenced to 96 months in federal prison after his guilty plea to the charge of possession with intent to distribute more than 28 grams of cocaine base. United States District Court Judge Geoffrey W. Crawford also ordered that Barrow serve four years of supervised release after his prison term.
According to court records, during April and May of 2017, Barrow sold cocaine base to an informant on three separate occasions. When a federal search warrant was executed at his Burlington residence, law enforcement located more than 100 grams of cocaine base and more than $6,000 of U.S. currency. Barrow has been in federal custody since the time of his arrest.
For his crimes, Barrow faced a 5-year mandatory minimum sentence and a statutory maximum term of 40 years in prison. The government and the defense agreed that a 96-month prison sentence was appropriate. In imposing that sentence, Judge Crawford considered a number of factors, including the severity of the offense, the harm drugs have caused the Vermont community, and Barrow’s criminal record, which included four felony drug convictions.
United States Attorney Christina E. Nolan commended the efforts of the Burlington Police Department and the Milton Police Department for their collaborative investigation of this case.
The prosecution was handled by Assistant U.S. Attorney Nate Burris. Barrow was represented by Federal Public Defender Michael Desautels.
Buffalo Man Pleads Guilty to Mail FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Emmanuel Bao, 52, of Buffalo, NY, pleaded guilty to mail fraud, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that the defendant is a French and Swahili interpreter. Bao interpreted the New York State Department of Motor Vehicles driver permit written test for multiple out-of-state individuals, usually individuals with refugee status who were most recently from the Massachusetts area.
The defendant created a scheme to defraud New York State by not interpreting the written tests. Rather, Bao provided answers to the questions for the applicants. The defendant then listed his own address on the permit application rather than the address of the applicant, which resulted in the Department of Motor Vehicles mailing the official driver’s permit to Bao’s address. The defendant would then mail the permit to the applicant’s actual address. Massachusetts has reciprocity with the New York Department of Motor Vehicles and multiple test takers had failed the Massachusetts written driver’s permit test before making arrangements with the defendant.
The plea 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 Department of Motor Vehicles, under the direction of Executive Deputy Commissioner Theresa Egan.
Sentencing is scheduled for July 6, 2018, at 12:30 p.m. before Judge Arcara.
Brooklyn Man Sentenced to 188 Months for Intending to Distribute Large Quantities of Cocaine and MarijuanaRead the Press Release
ALBANY, NEW YORK - Oniel McKenzie, age 37, of Brooklyn, New York, was sentenced today to 188 months in prison following an October 2017 jury conviction for possession with intent to distribute large quantities of cocaine and marijuana found in Rensselaer County.
The announcement was made by United States Attorney Grant C. Jaquith and James J. Hunt, Special Agent in Charge of the New York Field Division of the U.S. Drug Enforcement Administration (DEA).
United States District Judge Mae A. D’Agostino also sentenced McKenzie to a 5-year term of supervised release, to begin after he is released from prison.
McKenzie’s conviction in October followed a 3-day jury trial. The evidence at trial showed that on October 4, 2013, McKenzie possessed 60 kilograms of cocaine in an apartment in North Greenbush, and more than 100 kilograms of marijuana in a storage unit he rented in Rensselaer, New York, and in a Jeep he was driving.
This case was investigated by the DEA and its Capital District Drug Enforcement Task Force, and was prosecuted by Assistant U.S. Attorney Daniel Hanlon.
Biloxi Felon Sentenced to 10 Years in Prison for Possession of a FirearmRead the Press Release
Gulfport, Miss – John Wayne Clark, 32, of Biloxi, was sentenced today by U.S. District Judge Sul Ozerden to 120 months in federal prison followed by three years of supervised release for possession of a firearm by a convicted felon, announced U. S. Attorney Mike Hurst. The firearm was forfeited to the government.
On May 7, 2015, DEA agents received information that Clark, a former member of the Simon City Royals, would be driving from Biloxi to Gulfport with a large amount of methamphetamine. In a search of his vehicle following a traffic stop, law enforcement found $652 in cash on the console, a .357 revolver in the engine compartment and a large quantity of methamphetamine behind the radio bezel in the dash. Clark was out on bond on two state felony drug charges at the time. Judge Ozerden ordered his federal sentence to run consecutive to his state sentence.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives along with the Drug Enforcement Administration as part of a violent crime initiative. The case was prosecuted by Assistant United States Attorney Annette Williams.
Armed Career Criminal Sentenced to over Fifteen Years for Possessing A Firearm and AmmunitionRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Michael Moore (37, Sarasota) to 15 years and 8 months in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered him to forfeit the firearm and ammunition used in the offense.
A federal jury found Moore guilty on December 7, 2017.
According to evidence presented at trial, on May 28, 2017, Moore had an altercation with girlfriend during which he removed her loaded firearm from her car and hid it in a friend’s apartment. The girlfriend then notified police that Moore had stolen her firearm. Days later, after Moore and his girlfriend had reconciled, he retrieved her loaded firearm from the apartment and returned it to her. At the time, Moore had at least 10 prior felony convictions and is therefore prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Police Department. It was prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Michael Baggé-Hernández.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Albuquerque Man Sentenced to Prison for Assaulting a Federal Law Enforcement OfficerRead the Press Release
ALBUQUERQUE – Ernest A. Casias, 37, of Albuquerque, N.M., was sentenced today in federal court to 36 months in prison followed by three years of supervised release for assaulting a federal law enforcement officer.
Casias was arrested on Jan. 4, 2017, on a criminal complaint charging him with assaulting a federal employee on Jan. 3, 2017, in Bernalillo County, N.M. According to the complaint, Casias assaulted a Task Force Officer of the South West Investigative Fugitive Team (SWIFT) of the U.S. Marshals Service by using his vehicle as a weapon when he rammed his vehicle into a government vehicle operated by the Task Force Officer. According to the complaint, Casias committed the assault when SWIFT Officers were executing arrest warrants on Casias for the underlying charges of failure to comply with probation, aggravated battery, battery against a household member and placing a child in a situation where the child is endangered.
Casias was subsequently indicted on Jan. 24, 2017, and charged with assaulting and resisting a federal officer by ramming his vehicle into a vehicle operated by a federal officer on Jan. 3, 2017, in Bernalillo County. On Dec. 1, 2017, Casias pled guilty to the indictment and admitted that on Jan. 3, 2017, he assaulted a federal employee by driving his vehicle into a vehicle operated by a federal employee at a high rate of speed because SWIFT officers were attempting to contain Casias’ vehicle and arrest him.
This case was investigated by the South West Investigative Fugitive Team (SWIFT) of the U.S. Marshals Service for the District of New Mexico and was prosecuted by Assistant U.S. Attorney Eva Fontanez.
8 Charged in Connection with Trafficking Cocaine and Heroin from Mexico to Springfield AreaRead the Press Release
BOSTON – Eight men have been charged in three indictments on narcotics and money laundering offenses. The indictments are the result of a 14-month wiretap investigation into a large-scale drug trafficking organization supplied by sources in Mexico and spanning at least four states.
1. Miguel Betancourt, 50, of Springfield, was charged with conspiracy to distribute, and possess with intent to distribute cocaine and money laundering conspiracy;
2. Isaac Cardona, 31, of Springfield, was charged with conspiring to distribute 500 grams or more of cocaine, conspiring to traffic at least one kilogram of heroin, and money laundering conspiracy;
3. Rafael Cardona Sr., 58, of Springfield, was charged with conspiring to distribute 500 grams or more of cocaine, and conspiring to traffic at least one kilogram of heroin;
4. Victor Hugo Gonzalez, 27, of Perris, Calif., was charged with conspiring to distribute five kilograms or more of cocaine, and money laundering conspiracy;
5. Jose Martinez, 32, of Lehigh Acres, Fla., was charged with conspiring to traffic at least one kilogram of heroin, and money laundering conspiracy;
6. Carlos Mares Jr., 39, of Springfield, was charged with conspiracy to distribute and possess with intent to distribute cocaine;
7. Lorenzo Deconinck, 59, of Jamaica, Vt., was charged with conspiracy to distribute and possess with intent to distribute cocaine; and
8. Juan Ramos, 37, of Wardsboro, Vt., was charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine.
Betancourt, Rafael Cardona Sr., Isaac Cardona, Mares, Deconinck, and Ramos were arrested yesterday and arraigned in federal court in Springfield. Gonzalez was arrested and made his initial appearance in Irvine, Calif., on Oct. 6, 2017, but failed to appear for his scheduled arraignment in Springfield on Nov. 1, 2017. He is currently a fugitive.
A ninth co-conspirator, David Cruz, 40, of Westfield, Mass., was arrested in September 2016 and pleaded guilty to conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine, conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, carrying a firearm in furtherance of a drug offense, and being a felon in possession of a firearm. He is scheduled to be sentenced on June 6, 2018.
According to court documents, Betancourt, the Cardonas, Gonzalez, and Martinez conspired with Cruz to traffic cocaine and heroin from Mexico, through California, to the Springfield area and into New England. The conspiracy involved approximately 32 kilograms of cocaine and at least one kilogram of pure fentanyl.
Cruz allegedly received his first shipment of cocaine from his drug sources in Mexico in the summer of 2015. Cruz distributed five kilograms of that cocaine to Betancourt, leaving Betancourt with a large drug debt. In an attempt to pay down his drug debt, it is alleged that Betancourt used his Enfield, Conn., used-car dealership, State Line Auto Sales LLC, to convey two vehicles to Cruz and register them in Massachusetts in the name of a third-party. In December 2015, Betancourt used a bank account held in the name of the dealership to wire $9,500 of Cruz’s drug proceeds to a bank account in Michoacán, Mexico, held by a relative of one of his Mexican cocaine sources.
It is further alleged that Cruz received additional shipments of cocaine from his Mexican sources in late 2015 and August 2016. In July 2016, the Mexican drug sources sent Gonzalez from California to Westfield, Mass., to oversee the arrival of a shipment of cocaine. According to surveillance videos, on Aug.2, 2016, the cocaine arrived, concealed in a vehicle, and Cruz and Gonzalez unloaded more than five kilograms of cocaine from the vehicle in a parking lot. Cruz then broke down and repackaged the cocaine for distribution in Vermont and Massachusetts, where approximately one and a half kilograms of cocaine was distributed to Isaac Cardona in early August 2016.
At the direction of the Mexican sources and Cruz, Gonzalez, and another co-conspirator, then deposited the cash proceeds from the cocaine sales into multiple accounts held by third parties in amounts under $10,000 in order to avoid triggering the banks’ reporting requirements.
The indictments also allege that Isaac Cardona owed Cruz money for one kilogram of the cocaine Cruz had distributed to him, and, in order to pay down that debt, Isaac Cardona, Rafael Cardona Sr., Martinez, Cruz, and other co-conspirators conspired to import at least one kilogram of heroin (which turned out to be pure fentanyl) from sources in Mexico. In late August 2016, Isaac Cardona and Martinez traveled by car to San Diego, Calif., with cash to pay for the heroin. Cruz later traveled to San Diego, retrieved the car and the cash, and, on Sept. 8, 2016, used the cash to purchase what he believed to be one kilogram of heroin. According to court proceedings, law enforcement in California seized the vehicle and recovered approximately one kilogram of pure fentanyl.
It is alleged that Mares, Deconinck, and Ramos purchased cocaine from Cruz for redistribution.
The charges of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin provide for a minimum mandatory sentence of 10 years and up to life in prison, a lifetime of supervised release, and a fine of up to $8 million. With a prior felony drug conviction, the charge of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin provides for a mandatory minimum sentence of 20 years and up to life in prison, at least 10 years of supervised release, and a fine of up to $20 million. The charge of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine provides for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release, and a fine of up to $5 million. With a prior felony drug conviction, the charge of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine provides for a mandatory minimum sentence of 10 years and up to life in prison, at least eight years of supervised release, and a fine of up to $8 million. The charge of conspiracy to distribute and possess with intent to distribute cocaine provides for a sentence of up to 20 years in prison, at least three years of supervised release, and a fine of $1 million. The charge of conspiracy to commit money laundering provides for a sentence of up to 20 years in prison, up to three years of supervised release, and a fine of not more than $500,000 or twice the value of the property involved in the money laundering. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. DEA’s Carlsbad Resident Office, Homeland Security Investigations, and the Westfield Police Department assisted in the investigation. Assistant U.S. Attorney Katharine A. Wagner of Lelling’s Springfield Office is prosecuting the case
The details contained in the indictments are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
15 People Arrested in Montgomery for Federal Gun CrimesRead the Press Release
Montgomery, Alabama— Fifteen people in Montgomery were indicted last week and arrested yesterday for illegally possessing guns, announced Louis V. Franklin, Sr., United States Attorney for the Middle District of Alabama. Nationwide, gun crimes, gangs and shootings are at an all-time high and law enforcement in the River Region is working to make our neighborhoods safer and our citizens more secure. To that end, the following people have been indicted and/or arrested:
- Harold Brandon Abrams, 37 years old, a felon in possession of a firearm;
- Frederick Bell, 30 years old, a felon in possession of a firearm, possession of a firearm during a drug trafficking crime, and possession with the intent to distribute drugs;
- Tommy Ray Clayton, 55 years old, a felon in possession of a firearm;
- Timmarcus Tywaun Cole, 31 years old, a felon in possession of a firearm;
- Tracy Leanard Coleman, Jr., 23 years old, a felon in possession of a firearm;
- Byron Jamar Esco, 29 years old, a felon in possession of a firearm;
- Little Joe Foster, 30 years old, possession of a firearm during a drug trafficking crime, and possession with the intent to distribute drugs;
- Chaunce Deva Lewis, 20 years old, a felon in possession of a firearm, possession of a firearm during a drug trafficking crime, and possession with the intent to distribute drugs;
- Donte Deandre McDaniel, 35 years old, a felon in possession of a firearm;
- Christopher Lionell Miles, 49 years old, a felon in possession of a firearm;
- Frank Pollard, Jr., 38 years old, a felon in possession of a firearm;
- Paul Joequez Rowe, 25 years old, possession of a firearm during a drug trafficking crime, and possession with the intent to distribute drugs;
- Cedrick Smith, 32 years old, a felon in possession of a firearm, possession of a firearm during a drug trafficking crime, and possession with the intent to distribute drugs;
- Antonio Oscar Tatum, 32 years old, theft of a firearm, possession/sale of stolen firearm, and a felon in possession of a firearm;
- Shaundre Eugene White, 37 years old, a felon in possession of a firearm;
An indictment merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, the defendants charged with being a felon in possession of a firearm face a maximum prison sentence of ten years, a fine of no more than $250,000 and a term of supervised release of no more than three years. If convicted of possession with the intent to distribute drugs, the defendants face a maximum prison term of 20 years, a fine of not more than $1,000,000, and a term of supervised release of at least three years. The defendants charged with possession of a firearm during a drug trafficking crime must be sentenced to at least five years, fined no more than $250,000 and serve a term of supervised release of no more than three years. The defendant charged with theft of a firearm and possession/sale of a stolen firearm faces a maximum sentence of 10 years in prison, a fine of $250,000 and a term of supervised release of no more than three years. There is no parole in the federal system.
This case is being prosecuted by the U.S. Attorney’s Office in Montgomery pursuant to the Project Safe Neighborhood program. Project Safe Neighborhoods (PSN) is a nationwide commitment to reduce gun and gang crime in America by networking existing local programs that target gun and gun crime and providing these programs with additional tools necessary to be successful. These cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Montgomery Police Department, the United States Marshals Service, the United States Marshal Service Gulf Coast Fugitive Task Force, Montgomery County Sheriff’s Office, the Montgomery County District Attorney’s Office, the Alabama Law Enforcement Agency, the State of Alabama Attorney General’s Office, and the Drug Enforcement Administration.