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21 March 2018
Wilmington Man Who Was a High Ranking Gang Member Sentenced for Drug DistributionRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, Chief United States District Judge James C. Dever, III sentenced JIMMY LEVON UNDERWOOD, 31, of Wilmington to 72 months of imprisonment followed by 5 years of supervised release.
On August 8, 2017, UNDERWOOD was named in a nine-count Indictment. On December 11, 2017, UNDERWOOD pled guilty to Conspiracy to Distribute and Possess with Intent to Distribute 100 grams or more of Heroin.
In March 2016, the Federal Bureau of Investigations and the Wilmington Police Department, began investigating the narcotics activity of UNDERWOOD. From April to November 2016, law enforcement made seven purchases of heroin from UNDERWOOD. Several firearms were present during one of the purchases. Based upon the investigation, UNDERWOOD and others made trips to New Jersey to purchase heroin for distribution in Eastern North Carolina.
On November 28, 2016, investigators conducted a traffic stop of a vehicle driven by UNDERWOOD. He initially pulled away from investigators and drove a short distance before pulling over again. During the pursuit, someone in the vehicle threw out a package which contained 148.26 grams of heroin which was recovered by law enforcement. The vehicle eventually stopped and the search of the vehicle resulted in 25 boxes of new and unused heroin packaging materials and three boxes of a cutting agent.
Following the traffic stop, law enforcement obtained search warrants for several locations associated with the organization in which weapons and items used for the distribution of heroin were found. Based on the investigation, UNDERWOOD was a high ranking gang member.
The Federal Bureau of Investigation Safe Street Task Force and the Wilmington Police Department conducted the criminal investigation of this case. Assistant United States Attorneys Dennis M. Duffy and Timothy Severo handled the prosecution of this case for the government.
Ward Pleads Guilty to Production of Child Pornography Faces up to 30 Years in Prison with 15-Year Mandatory MinimumRead the Press Release
SALT LAKE CITY – Nathan Clark Ward, age 56, of Bountiful, pleaded guilty to production of child pornography Tuesday afternoon in U.S. District Court, admitting that he used a smart phone to stream several live videos from his home in Bountiful to Robert Francis in Lehi between June 2013 and August 2015.
Ward admitted that in some of the videos he lifted the shirt of a minor and in others pulled down the minor’s pants.
The maximum potential penalty for the conviction is 30 years in prison with a 15-year mandatory minimum sentence. U.S. District Judge Dee Benson, who presided at the hearing, set sentencing in the case for May 31, 2018. Ward remains in federal custody.
A federal grand jury returned an indictment in September 2017 charging Ward with production of child pornography, possession of child pornography, and distribution of child pornography. The case started with a tip reported to the National Center for Missing and Exploited Children (NCMEC) that an individual had uploaded sexually explicit images of children to the internet. Further investigation showed the user was in the Salt Lake City metro area. NCMEC forwarded the case to the Utah Internet Crimes Against Children Task Force for further investigation. The Davis County Sheriff’s Office, an ICAC affiliate agency, subsequently took the lead investigating the case.
The investigation of the Ward case led law enforcement officers to Robert Edwin Francis, age 41, of Lehi, Utah. Francis is serving 144 months in federal prison after pleading guilty to receipt of child pornography. U.S. District Judge Dee Benson imposed the sentence Jan. 22, 2018. Francis was charged with production, receipt, and possession of child pornography in an indictment returned in August 2017. Francis admitted he engaged in sexually explicit conduct involving children via an on-line social network and that he possessed at least 150 but fewer than 300 images of child pornography.
Ward and Francis represent two of 41 child exploitation cases filed by federal prosecutors in Utah during 2017. Several local, state, and federal Utah law enforcement agencies contributed to the case. These prosecutions are part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Special Assistant U.S. Attorney Nathan D. Lyon of the Davis County Attorney’s Office and Assistant U.S. Attorneys Drew Yeates and Andrea Martinez of the U.S. Attorney’s Office in Salt Lake City are prosecuting the cases. Special agents and officers from the Davis County Sheriff’s Office, the U.S. Department of Homeland Security, and the Utah ICAC Task Force are investigating these cases.
Waltham Couple and Company Indicted for Conspiracy to Illegally Obtain U.S. Goods for SyriaRead the Press Release
BOSTON – A Waltham couple, their company, and a Syrian national were indicted today in federal court in Boston in connection with a scheme to smuggle goods out of the United States and to supply services to Syria. The company and the defendants also conducted business with EKT Electronics, which was involved in the acquisition and/or development of improved explosive devices used against U.S. troops in Iraq and Afghanistan.
Anni Beurklian, a/k/a Anni Ajaka (“Beurklian”), 49, a naturalized U.S. citizen from Lebanon who resided in Waltham; her husband, Antoine Ajaka, a/k/a Tony Ajaka (“Ajaka”), 50, a lawful permanent resident from Lebanon who resided in Waltham; Amir Katranji, a/k/a Amir Hachem Katranji, a/k/a Amir Hachem Alkatranji, a/k/a Amir Katra (“Katranji”), 52, a Syrian national; and Top Tech US Inc., a U.S. company, which operated out of the Ajaka/Beurklian residence in Waltham, were indicted on conspiracy to violate U.S. export laws and regulations, conspiracy to defraud the United States, smuggling U.S. goods out of the United States, conspiracy to obstruct justice, and obstruction of justice. Beurklian, Ajaka, and Top Tech US Inc. are also charged with illegally providing services to persons located in Syria and mail fraud. Beurklian and Ajaka previously fled the U.S. and have not returned.
As alleged in the indictment, beginning no later than 2012 and continuing until Jan. 9, 2018, Beurklian and her husband operated an export business, Top Tech US Inc., out of their Waltham residence. The couple used their business to procure goods, including electronics, computer equipment, and electrical switches, from U.S. companies and export those goods out of the United States to customers in Lebanon and Syria. One of their customers was Amir Katranji, a citizen of Syria who operates and manages EKT Electronics (EKT), a company headquartered in Syria. In 2007, EKT and its founder, Mohammad Katranji, Amir Katranji’s father, were added to the Department of Commerce’s Entity List because the U.S. Government had determined that EKT and Mohammad Katranji were involved in activities related to the acquisition, attempted acquisition, and/or development of improvised explosive devices, which were being used against U.S. and Coalition troops in Iraq and Afghanistan. As a result, since 2007, no U.S. person has been permitted to export U.S. goods to EKT without first obtaining an export license from the Department of Commerce. As alleged in the indictment, no one has sought or obtained an export license to export any U.S. goods to EKT or Mohammad Katranji.
The indictment further alleges that in or about 2013, Ajaka and Beurklian began doing business with Katranji and supplying U.S. origin goods to EKT using Top Tech US. Ajaka and Beurklian knew that Katranji operated a business in Syria and that they were providing brokering services to Katranji and his Syrian company, EKT, by buying and shipping U.S. origin goods to EKT and its customers. EKT paid Ajaka and Beurklian more than $200,000 through Top Tech US bank accounts for their services. To conceal their illegal activity with EKT and evade the mandatory export filing requirement, Ajaka and Beurklian, with the knowledge and agreement of Katranji, falsified shipping paperwork and undervalued goods being shipped overseas directly to, or on behalf of, EKT.
Additionally, the indictment alleges that, in or about 2016, after U.S. Government officials began detaining international shipments made by Top Tech US before they had exited the country, Beurklian, Ajaka, and Katranji conspired to obstruct justice and obstructed justice by manipulating, deleting, and falsifying records regarding shipments of U.S. goods overseas. The indictment further alleges that, on Jan. 9, 2018, after engaging in plea negotiations with the U.S. Government, Beurklian and Ajaka fled the United States to avoid prosecution. To date, they have not returned.
The charge of conspiring to violate U.S. export laws provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $1 million. The charges of conspiring to defraud the U.S. and conspiring to obstruct justice each provide for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. The charge of smuggling U.S. goods out of the U.S. provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. The charges of illegally providing services to persons located in Syria and mail fraud provide for a sentence of no greater than 20 years in prison and three years of supervised release. The fine for violating U.S. Syrian sanctions is $1 million, and the fine for mail fraud is $250,000..
The corporate defendant, Top Tech US, faces up to a $500,000 fine if convicted of smuggling goods from the United States, obstructing justice, conspiring to defraud the United States, and mail fraud; and up to a $1 million fine if convicted of conspiring to violate U.S. export laws and violating the U.S. Syrian Sanctions Regulations. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling; Michael Shea, Acting Special Agent in Charge of the Homeland Security Investigation, Boston Field Office; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation. Boston Field Division; Michael Imbrogna, Special Agent in Charge of the Department of Commerce, Office of Export Enforcement, Boston Field Office; and Leigh Alistair-Barzey, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney B. Stephanie Siegmann of Lelling’s National Security Unit.
The details contained in the indictment are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Verona Man Pleads Guilty to Illegally Possessing FentanylRead the Press Release
PITTSBURGH, PA – An Allegheny County resident pleaded guilty in federal court to a charge of possession with intent to distribute fentanyl, United States Attorney Scott W. Brady announced today.
Terence Starr, age 45, of Verona, PA, pleaded guilty to one count before United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that on or about July 12, 2017, Starr possessed with the intent to distribute a quantity of a mixture and substance containing a detectable amount of fentanyl, a Schedule II controlled substance.
Judge Hornak scheduled sentencing for July 24, 2018, at 1:30 p.m. The law provides for a maximum total sentence of 30 years in prison, a fine of $2,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorneys Tonya Sulia Goodman and Caitlin A. Loughran are prosecuting this case on behalf of the government.
This prosecution is part of a long-term investigation by the FBI Greater Pittsburgh Safe Streets Task Force, which targeted a large scale Drug Trafficking Organization operating in Butler, Beaver and Allegheny Counties. The FBI, Wilkinsburg Police Department, Pennsylvania Attorney General’s Bureau of Narcotics Investigations, Allegheny County Sheriff’s Office, Allegheny County Police Department, and Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Starr.
University of Pittsburgh Professor Pays $132,000 and Agrees to Exclusion to Resolve Allegations of False Claims for Federal Research GrantsRead the Press Release
PITTSBURGH, PA – Christian Schunn, Ph.D., a professor at the University of Pittsburgh since 2001, has agreed to pay the United States $132,027 to resolve allegations that he violated the False Claims Act by submitting false documents to the National Science Foundation (NSF) in order to obtain federal grants to fund his research, United States Attorney Scott W. Brady announced today.
Under the terms of the settlement, Schunn will also be excluded from applying for or participating in any federal grants, through October 15, 2019. Schunn will also withdraw from any pending applications for federal funding, provide certifications and assurances of truthfulness to NSF for up to five years, and agree not to serve as a reviewer, advisor, or consultant to NSF for a period of three years.
Since 1998, Schunn has served as Principal Investigator on more than 24 awards from NSF, valued at over $50 million. Schunn’s research in the areas of education and psychology frequently involves human subjects. When research involves human subjects, NSF requires institutional review board (IRB) approvals to be obtained in order to ensure that the rights and welfare of human subjects are protected.
The settlement resolves allegations that from 2006 through 2016, Schunn created false IRB approvals and submitted them to NSF in connection with multiple proposals for NSF funding totaling more than $2.3 million. Following Schunn’s submission of each false IRB approval, NSF awarded funding to the University of Pittsburgh with Schunn as Principal Investigator, and award funds were drawn down. Schunn then allegedly made, or caused others to make, false claims for payment by certifying that the drawdowns were being made in accordance with the terms and conditions of the awards, when in fact, no proper IRB approval had been in place. The United States contends that Schunn also made false certifications in connection with annual and project reports associated with these awards.
"Federal awards for research are highly competitive and a privilege to receive, and it is imperative that applicants for federal award funding follow the rules, particularly those ensuring the welfare of human research subjects," said United States Attorney Scott W. Brady. "This case demonstrates our office’s commitment to protecting federal grant money and ensuring that applicants for funding are truthful and responsible stewards of taxpayer funds."
"Federally-funded research involving human subjects requires IRB approval to ensure that the research is conducted safely, appropriately, and consensually," said National Science Foundation Inspector General Allison Lerner. "Circumventing the IRB process by submitting false IRB approvals, as Dr. Schunn did, not only has the potential to place human subjects at risk, but is also an affront to the integrity one expects from a scientific researcher. I commend the U.S. Attorney’s Office for its work on this case."
This matter was investigated by the Office of Inspector General of the National Science Foundation. Assistant United States Attorney Christy C. Wiegand handled the investigation that led to this settlement on behalf of the United States.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
United States Files Lawsuit Against Sedamsville Landlord and His Wife for Discriminating Against Female TenantsRead the Press Release
CINCINNATI – The Justice Department filed a civil complaint today in U.S. District Court in the Southern District of Ohio alleging a Sedamsville landlord violated the Fair Housing Act by discriminating against female tenants.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, announced the filing against John Klosterman and his wife Susan Klosterman, both of Cincinnati.
According to the complaint, from 2013 to the present, John Klosterman owned or had an ownership interest in at least 55 residential properties in the Sedamsville neighborhood of Cincinnati. He controlled accepting or rejecting prospective tenants, settings rates for rent and security deposits, collecting rent, accepting requests for repairs and evicting tenants.
The complaint alleges Klosterman subjected female tenants of his properties to discrimination on the basis of sex, including severe, pervasive and unwelcome sexual harassment, on multiple occasions.
The conduct included unwelcome sexual advances, unwanted sexual text messages and photos, touching female tenants without their consent and offering to reduce the rent and overlook late or unpaid rent in exchange for sex.
The complaint further alleges that Klosterman evicted tenants or refused to make repairs for female tenants who refused the sexual advances.
Klosterman allegedly preferred renting to single female tenants and took adverse housing actions against female tenants upon learning that they were not single.
Finally, the complaint alleges he entered the homes of his female tenants without their consent and monitored their daily activities with cameras directed at their units and through other means.
“No woman should have to endure sexual harassment in order to remain in her home,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “Sexual harassment in housing is unacceptable and illegal, and landlords should be on notice that the Justice Department will continue to vigorously enforce the Fair Housing Act to combat this type of discrimination and to obtain relief for victims.”
“Fair housing is fundamental,” said U.S. Attorney Glassman. “No one should have to experience a landlord’s pervasive sexual harassment. That’s not only wrong, but also illegal under federal law. This office is committed to vigorously enforcing the protections guaranteed by the Fair Housing Act.”
U.S. Attorney Glassman commended Deputy Civil Chief Matthew J. Horwitz and Trial Attorney Kathryn Ladewski of the Department of Justice’s Civil Division Housing and Civil Enforcement Section, who are representing the United States in this case.
In October 2017, the Justice Department’s Civil Rights Division announced the Sex Harassment in Housing Initiative (SHI). The Initiative specifically seeks to increase the Department’s efforts to protect individuals from harassment by landlords, property managers, maintenance workers, security guards and other employees and representatives of rental property owners.
The Justice Department has filed or settled seven sexual harassment cases since January 2017, and has recovered over $1 million for victims of sexual harassment in housing.
Today’s lawsuit seeks monetary damages to compensate the victims, civil penalties, and a court order barring future discrimination. The complaint contains allegations of unlawful conduct. The allegations must be proven in federal court.
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or operated by John or Susan Klosterman, or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line:
- English language: Call 1-800-896-7743, then press 1 to continue in English and select mailbox 9992 to leave a message; or
- Spanish language: Call 1-800-896-7743, then press 2 to continue in Spanish and select mailbox 6 to leave a message.
Individuals can also report sexual harassment and other forms of housing discrimination by e-mailing the Justice Department at [email protected].
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Uncle and Nephew and Two Brothers-In-Law Among Six Defendants Charged in Federal Drug and Gun Probe in West Suburbs of ChicagoRead the Press Release
CHICAGO — Six defendants, including two brothers-in-law and a man and his nephew, are facing criminal charges as part of a federal investigation into drug and gun trafficking in Chicago’s western suburbs.
The investigation centered on drug sales in Maywood, Bellwood and Hillside, and resulted in the seizure of approximately 700 grams of heroin, some of which tested positive for fentanyl, and more than $15,000 in narcotics proceeds. Authorities also seized four military-style assault rifles, three handguns and several hundred rounds of ammunition that one of the defendants allegedly sold to an individual who was cooperating with law enforcement.
The probe was conducted under the umbrella of the Organized Crime Drug Enforcement Task Force, a partnership between federal, state and local law enforcement agencies. The principal mission of OCDETF is to identify, disrupt and dismantle the most serious drug and weapons trafficking organizations.
Criminal complaints and affidavits filed in federal court in Chicago charge four defendants with conspiracy to possess a controlled substance with intent to deliver; one defendant with distribution of a controlled substance; and one defendant with illegal possession of a firearm by a felon. Several of the defendants were arrested Tuesday. Detention hearings will be held on Thursday and Friday before U.S. Magistrate Judge Sidney I. Schenkier.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation. Substantial assistance was provided by the Cook County Sheriff’s Police Department, Maywood Police Department, Chicago Police Department, Illinois State Police, and Johnsburg Police Department.
According to the charges, WINDELL REEDY, 43, of Hillside, operated a drug trafficking organization in the western suburbs. A source cooperating with law enforcement purchased various quantities of heroin from Windell Reedy on multiple occasions, the complaint states.
Windell Reedy allegedly worked with his uncle, DANNY REEDY, 56, of Bloomingdale, to purchase and obtain wholesale quantities of heroin in the Chicago area and transport it to Memphis, Tenn. RONALD SCALES, 53, of Hillside, and his brother-in-law, HOWARD BAKER, 58, of Hillside, worked with the Reedys to distribute the heroin, including to the individual in Tennessee, the charges allege. The complaint accuses DARYL KIMBROUGH, 48, of Bellwood, of performing quality tests on the heroin obtained by the Reedys, and distributing the drug.
The defendant charged with illegal gun possession is KENNETH LOGAN, 38, of Maywood. Logan sold the rifles and handguns to the cooperating source on four occasions in November and December of last year, the complaint states. The transactions allegedly occurred in Maywood. Logan is a convicted felon who was not legally allowed to possess a firearm.
The public is reminded that a complaint contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The conspiracy charge against Danny Reedy, Scales, Baker and Kimbrough carries a mandatory minimum sentence of ten years in prison and maximum of life, while the distribution charge against Windell Reedy is punishable by up to 20 years and the firearm charge against Logan by up to ten years. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory United States Sentencing Guidelines.
Assistant U.S. Attorneys James P. Durkin and Philip Fluhr, Jr., are representing the government.
Two More Defendants Plead Guilty for Roles in Federal Drug ConspiracyRead the Press Release
Defendants are latest to plead guilty out of nearly two dozen indicted after long-term narcotics investigation
CHARLESTON, W.Va. -- Two men pled guilty today for their roles in a drug trafficking conspiracy, announced United States Attorney Mike Stuart. George E. Brockman, II, 37, of Montgomery, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of cocaine, and a quantity of oxycodone. Charles Hill, aka “Unc,” 54, of Beckley, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, and a quantity of cocaine. Brockman and Hill are two of 23 defendants indicted in June 2017 after a comprehensive investigation of drug trafficking in Southern West Virginia. U.S. Attorney Stuart commended the cooperative investigative efforts of several agencies, led by the Federal Bureau of Investigation and the Raleigh County Drug and Violent Crime Task Force. The Drug Enforcement Administration, the Beckley Police Department, the Raleigh County Sheriff’s Department, the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service also provided assistance throughout the investigation.
“Brockman and Hill were part of a large drug trafficking conspiracy that sold a smorgasbord of dangerous drugs,” said United States Attorney Mike Stuart. “My Office, along with our law enforcement partners, are serious about getting drug thugs and drug punks off the streets and away from our families. If you are a drug dealer and distributing opiates, cocaine, marijuana or any other illegal drug, we will aggressively prosecute you in the Southern District of West Virginia and seek the harshest penalties available to lock you up as long as we possibly can.”
George E. Brockman, II admitted that between August 2016 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants involving the distribution of heroin, cocaine, and oxycodone. Brockman admitted that he obtained over 100 grams of heroin from another co-defendant in this case, and intended to distribute the heroin in the southern district of West Virginia. Brockman further admitted that due to quality issues, he requested another co-defendant, James Rodney Staples, to exchange the heroin for cocaine, which he also planned to distribute in the southern district of West Virginia. Brockman also admitted to working with other members of the drug trafficking organization to obtain a kilogram of heroin and approximately 2000 oxycodone tablets to distribute around Fayette County. On June 28, pursuant to searches performed by law enforcement, police officers recovered 84.49 grams of heroin from a truck that Brockman possessed and over $124,000 that Brockman admitted were drug proceeds. $115,000 of that money was found in the trunk of a 2008 Ford Mustang GT500. Brockman has agreed to forfeit the cash as well as the Ford Mustang. As part of the plea defendant further agreed to the forfeiture of a 2016 Chevrolet Corvette.
Charles Hill admitted that between August 2016 and June 28, 2017, he participated in a drug trafficking organization that distributed cocaine and more than 28 grams of cocaine base, or “crack,” in and around Beckley, Raleigh County, West Virginia. Hill admitted to assisting Velarian Carter, Detria Carter, and Rashaun Carter in distributing ‘crack,” in Raleigh County. During this time he admitted to distributing and possessing with intent to distribute approximately 15 ounces of “crack.” Hill further admitted to meeting with other members of the drug trafficking organization to discuss and plan the manufacturing of cocaine into cocaine base. When officers executed a search warrant at Hill’s residence in Beckley on June 28, 2017, they recovered an additional 47.17 grams of “crack” that Hill intended to distribute in the community of Beckley.
Brockman and Hill each face at least five years and up to 40 years in federal prison when they are sentenced on June 5, 2018.
Several individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Cheyenne Fragale and Macon Fragale, two brothers from Boomer in Fayette County, have been sentenced by United States District Judge Irene Berger. Cheyenne Fragale received a sentence of 12 years in federal prison while Macon Fragale will serve 16 years and 8 months. Velarian Carter, of Beckley, faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on April 17, 2018. Dominic Copney, of Beckley, faces a mandatory minimum of five and up to 40 years in federal prison when he is sentenced on April 17, 2018. Detria Carter, of Beckley, faces a mandatory minimum sentence of not less than five and up to 40 years in federal prison when she is sentenced on April 24, 2018. Donald Scalise, of Montgomery, faces up to 20 years in federal prison when he is sentenced on April 25, 2018. Tiffany Ramsey, of Boomer, faces at least five years and up to 40 years in federal prison when she is sentenced on May 2, 2018. Shawn Akiem Anderson, of Mt. Hope, faces up to 10 years in federal prison when he is sentenced on May 29, 2018. Rory White, of Montgomery, faces at least five years and up to 40 years in federal prison when he is sentenced on June 6, 2018.
Karl Funderburk, of Teays Valley, who previously pled guilty to a gun charge, faces at least 5 years and up to life in federal prison for using and carrying a firearm during a drug trafficking crime when he is sentenced on May 29, 2018.
Shaun Jones has entered a guilty plea to possession with intent to distribute more than 100 grams of heroin. Jonathan Moore has entered a guilty plea to possession with intent to distribute more than 500 grams of cocaine. Each faces at least five years and up to 40 years in federal prison when they are sentenced on May 29, 2018.
Corey Larkin previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and more than 100 grams of heroin. He also faces at least five years and up to 40 years in federal prison when he is sentenced on June 5, 2018.
Esau Burnette, of Beckley, has entered a plea to conspiracy to manufacture, distribute, and possess with intent to distribute more than 28 grams of cocaine base and a quantity of cocaine. He faces at least five years and up to 40 years in federal prison when he is sentenced on May 30, 2018. James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on May 30, 2018 after entering a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin.
Assistant United States Attorney Timothy D. Boggess is in charge of these prosecutions. The Brockman and Hill plea hearings were held before Senior United States District Judge David A. Faber.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Two Men Detained after their Arrests for Possession with Intent to Distribute CocaineRead the Press Release
St. Thomas, USVI – On March 21, 2018, Dexter Harley, 32, of Tortola, BVI, and Jose Squiabro, 44, of St. Thomas, were both detained today pending further proceedings after their arrests on Monday, March 19, 2018, for conspiracy and possession with intent to distribute cocaine, United States Attorney Gretchen C.F. Shappert, announced. Both made their initial appearances before U.S. Magistrate Judge Ruth Miller on Monday after being charged in an indictment.
According to the indictment, from December 15, 2015 to February 9, 2016, Harley and Squiabro conspired to possess with intent to distribute 500 grams or more of a substance that contained cocaine.
Possession with intent to distribute cocaine in the amount for 500 grams or more carries a mandatory minimum sentence of 5 years and a maximum sentence of 40 years in prison, and a $250,000 fine.
United States Attorney Shappert reminds the public that an indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
This case is a result of an investigation by the U.S. Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Anna A. Vlasova.
Two MS-13 Members Plead Guilty and Accept Responsibility for their Role in 2015 MurderRead the Press Release
BOSTON –Two MS-13 members have pleaded guilty in federal court in Boston to charges of racketeering conspiracy involving murder.
Oscar Recinos Garcia, a/k/a “Psycho,” 24, a Salvadoran national, pleaded guilty today to RICO conspiracy and being an alien in possession of a firearm and ammunition. U.S. District Court Judge F. Dennis Saylor IV scheduled Recinos Garcia’s sentencing for June 13, 2018.
Yesterday, Jose Andrade a/k/a “Inocente,” 27, a Salvadoran national, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO, and conspiracy to distribute marijuana. Judge Saylor scheduled Andrade’s sentencing for June 12, 2018.
Andrade and Recinos Garcia were both members of the Everett Locos Salvatrucha, or ELS clique, of MS-13. The defendants admitted that their racketeering activity, on behalf of MS-13, included their involvement in the murder of a teenager who was associated with MS-13 and wrongly suspected by the gang of cooperating with law enforcement. On July 5, 2015, the victim was murdered in Lawrence by Josue de Paz a/k/a “Gato” and another MS-13 member. Evidence showed that Andrade and Recinos Garcia were both involved in planning the murder and shared the intent to have the victim killed. The evidence also showed that Andrade was part of the original plan to kill the victim, but was unable to participate in the murder because he was arrested in June 2015. The gang then recruited De Paz to commit the murder, and Recinos Garcia passed along the message to De Paz to kill the victim.
De Paz and Recinos Garcia were arrested on July 8, 2015, in Somerville in a raid that resulted in the recovery of a firearm, several large knives, photographs of MS-13 members flashing gang signs, and a large volume of MS-13 paraphernalia, including blue and white hats, bandanas and rosary beads. Recinos Garcia was also charged with possession of the firearm seized on that day. Andrade was also charged with conspiracy to distribute marijuana after evidence revealed that he and other MS-13 members distributed marijuana on behalf of the gang. De Paz pleaded guilty to RICO conspiracy involving murder and is awaiting sentencing.
The charges of RICO conspiracy involving murder provide for a sentence of up to life in prison, up to five years of supervised release, and up to a $250,000 fine. The charge of conspiracy to distribute marijuana provides for a sentence of no greater than five years in prison, a lifetime supervised release, and a fine of $250,000. The charge of being an alien in possession of a firearm provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and up to a $250,000 fine. Andrade and Recinos Garcia will be subject to deportation upon the completion of their sentences. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Andrade and Recinos Garcia are the 36th and 37th defendants, respectively, to be convicted in this case either after trial or after entering a guilty plea.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.
The details contained in the charging documents are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Three from Houston area charged in federal court for having more than three pounds of fentanyl in ToledoRead the Press Release
Three people from the Houston area were charged in federal court after authorities arrested them in Toledo with what is believed to be more than three pounds of fentanyl.
Anthony Robinson, 32, Barbera Wilson, 21, and Darrius Lewis, 29, were each charged with conspiracy possess with intent to distribute controlled substances.
On Tuesday night, Robinson and Wilson traveled from a Red Roof Inn to the United States Post Office on Bancroft in Toledo, where Robinson and Wilson attempted to mail one kilogram of suspected fentanyl. The drugs were wrapped in multiple layers of heat-sealed plastic bags. The drugs field tested positive for fentanyl, according to an affidavit filed in federal court.
Agents then obtained search warrants for the Red Roof Inn rooms where the defendants were staying. All three were arrested at the motel and a search of their rooms discovered an additional half-kilogram of suspected fentanyl, as well as approximately $8,018 in cash, according to the affidavit.
“The fentanyl seized last night is enough to kill everyone in Toledo several times over," said U.S. Attorney Justin Herdman. "This is a great example of law enforcement working together to make our community safer."
“Fentanyl is a dangerous synthetic opioid with deadly consequences for users and those in law enforcement,” said Homeland Security Investigations Special Agent in Charge Steve Francis. “This significant seizure clearly demonstrates HSI’s resolve to combatting the ongoing epidemic affecting Ohio, which we redoubled last week by pledging increased resources in the state.”
“Individuals from out of state who think they can come into Ohio to traffic drugs undetected should know that we have task forces like this one across the state whose mission is to find you, seize your drugs, and stop you from profiting off of Ohioans who are suffering from addiction," said Ohio Attorney General Mike DeWine. "It took this task force less than a day and a half to identify these suspects and intercept the package of deadly fentanyl before it left the post office. I commend task force members for their swift work."
“This arrest should show that the Toledo Police Department, with our local, state, and federal law enforcement partners will continue to work diligently and aggressively to keep Toledo’s streets free from this poison,” said Toledo Police Chief George Kral. “I commend those dedicated investigators who were involved in this large seizure and arrests. God only knows how many lives have been saved, and subsidiary crimes avoided, because of these dedicated men and women. I sincerely hope anyone considering committing illegal activity in Toledo will reconsider doing so.”
The case is being prosecuted by Assistant U.S. Attorney Alissa M. Sterling following an investigation by the the Toledo Bulk Cash Smuggling Task Force, which consists of representatives of the Toledo Police Department, U.S. Homeland Security Investigations, U.S. Border Patrol, the Lucas County Prosecutor's Office, and the U.S. Attorney's Office for the Northern District of Ohio.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Three Aliens Indicted on Illegal Reentry Charges, False Representation of a Social Security Account Number, False Claim of Citizenship, and Aggravated Identity TheftRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging JESUS FERNANDO BERRUN-ZARAGOZA, age 20, of Mexico, and EMITERIO MENDOZA-JAIMES, age 23, of Mexico with illegal reentry of a deported alien.
Additionally, a federal grand jury in Raleigh has returned an indictment charging ANIBAL HERNANDEZ-SANCHEZ, age 30, of Guatemala, with false representation of a social security account number, false claim of citizenship with intent to engage unlawfully in employment in the United States, aggravated identity theft, and illegal reentry of an alien subsequent to a felony conviction.
If convicted of illegal reentry of a deported alien, JESUS FERNANDO BERRUN-ZARAGOZA, previously deported and found in Wake County, and EMITERIO MENDOZA-JAIMES previously deported and found in New Hanover County would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of false representation of a social security account number, false claim of citizenship, aggravated identity theft, and illegal reentry, ANIBAL HERNANDEZ-SANCHEZ, previously deported and found in Wayne County, would face maximum penalties of twenty-two years’ imprisonment, a $1,000,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.
Tallahassee Man Convicted of Attempted Enticement of a MinorRead the Press Release
TALLAHASSEE, FLORIDA – Dayton Michael Cramer, 71, of Tallahassee, was convicted of attempted enticement of a minor this afternoon in the U.S. District Court in Tallahassee after a three-day trial. The verdict was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
During February 2017, undercover investigators conducted “Operation Cupid’s Arrow” to identify individuals seeking to engage in sexual activity with minors they meet online. Cramer responded to two Craigslist advertisements in which an undercover officer posed as a 14-year-old girl and also as the stepmother of a 13-year-old girl who was being offered for sex. Over the course of several days, Cramer discussed sexual activity with various undercover officers and traveled to meet who he thought was the stepmother of the 13-year-old girl to discuss the opportunity to have sex with the girl at a later date. Cramer was arrested after arriving at the designated meeting location.
Cramer faces a minimum of 10 years and a maximum of life in prison. The sentencing hearing is scheduled for June 5, 2018, at 9:00 a.m. at the United States Courthouse in Tallahassee.
United States Attorney Christopher P. Canova stated, “The North Florida Internet Crimes Against Children Task Force once again demonstrates why undercover online operations targeting those individuals who want to engage in sexual activity with minors are so crucial to the protection of our children and local community from online predators.”
“It is disheartening that a man in a position of such power and influence would try to sexually abuse a young child,” said HSI Tampa Special Agent in Charge James C. Spero. “This verdict highlights the important work of HSI special agents, and the multi-agency North Florida Internet Crimes Against Children Task Force, in the investigation and prosecution of such heinous crimes.”
“It does not matter who you are, if you prey on our children, you will be arrested,” said FDLE Tallahassee Special Agent in Charge Mark Perez. “These cases continue to be a priority for FDLE.”
The case was investigated by the Florida Department of Law Enforcement, the Jacksonville Sheriff’s Office, the Tallahassee Police Department, the Leon County Sheriff’s Office, the United States Immigration and Customs Enforcement Homeland Security Investigations, the U.S. Marshals, and the North Florida Internet Crimes Against Children Task Force. The case was prosecuted by Assistant United States Attorney Christopher J. Thielemann.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Springfield Man Sentenced to 30 Years in Prison for Leading Large-Scale Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – The leader of a large-scale conspiracy to distribute methamphetamine in Greene County, Mo., was sentenced in federal court today along with two of his co-conspirators.
Patrick R. Brigaudin, 55, of Springfield, was sentenced by U.S. District Judge M. Douglas Harpool to 30 years in federal prison without parole. Co-defendant William Frank Eft, 67, of Springfield was sentenced to six years in federal prison without parole. Co-defendant Gayla Rochelle Phillips, 42, of Willard, Mo., was sentenced to three years in federal prison without parole.
Brigaudin, Eft and Phillips each pleaded guilty to participating in a conspiracy to distribute methamphetamine. Brigaudin and Phillips also pleaded guilty to a related money-laundering conspiracy.
In total, the quantity of pure methamphetamine involved in the conspiracy, which lasted from October 2013 to Feb. 29, 2016, weighed in excess of 4.5 kilograms. The methamphetamine distributed during the conspiracy, according to court documents, primarily originated from Mexico and was smuggled to Missouri.
In March 2015, a shipment of approximately 15 pounds of pure methamphetamine was interdicted by law enforcement officers. Three persons were arrested following a controlled delivery of the methamphetamine to a Springfield hotel. Brigaudin admitted that he attempted to possess some or all of the methamphetamine, which he intended to distribute to others. Brigaudin also admitted to distributing methamphetamine on several occasions in 2015 and 2016.
According to court documents, a steady stream of purchasers came to Brigaudin’s residence to purchase methamphetamine from him, or to deliver methamphetamine to him. On Feb. 29, 2016, co-defendants Eduardo Diaz, 53, and Adrian Ortiz-Corrales, 43, both of Las Vegas, Nev., transported approximately 12 pounds (5.4 kilograms) of methamphetamine and six pounds of heroin to Brigaudin’s residence. While they were removing the methamphetamine from a vehicle, they and Brigaudin were arrested.
Today’s sentencing reflects the court’s finding that Brigaudin made his living by drug trafficking. During 2016, Brigaudin lost tens of thousands of dollars at casinos, paid the mortgage on his residence and purchased a 2006 Lincoln Mark LT pickup truck for $15,700. Although he worked as a taxi driver during this time, law enforcement surveillance found that he hardly ever picked up fares for his taxi.
Eft obtained methamphetamine from Brigaudin, which he then distributed to others. On at least one occasion, Phillips also obtained methamphetamine from Brigaudin to distribute to another person. According to court documents, Phillips received user amounts of methamphetamine from Brigaudin, her boyfriend, free of charge. She assisted Brigaudin to launder drug proceeds by helping to arrange the purchase of a vehicle using $15,700 of drug proceeds. She also accompanied Brigaudin to various casinos to gamble using drug proceeds.
Brigaudin, Eft and Phillips are among four defendants who have been sentenced in this case. Co-defendant Jennifer Minor, 42, of Springfield, was sentenced on March 14, 2018, to seven years and 10 months in federal prison without parole. Eleven co-defendants have pleaded guilty and await sentencing.
This case is being prosecuted by United States Attorney Timothy A. Garrison and Supervisory Assistant U.S. Attorney Randall Eggert. It was investigated by the Drug Enforcement Administration, IRS-Criminal Investigation, the Springfield, Mo., Police Department, the Missouri State Highway Patrol, the Ozark, Mo., Police Department, the Greene County, Mo., Sheriff’s Department, COMET (the Combined Ozarks Multijurisdictional Enforcement Team) and the South Central Drug Task Force.
Schenectady Man Indicted for Distributing Heroin and Crack CocaineRead the Press Release
ALBANY, NEW YORK – William Hale, a/k/a “Man,” age 44, of Schenectady, New York, was arraigned yesterday on charges that he distributed heroin and crack cocaine.
The announcement was made by United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
According to the indictment, Hale distributed heroin on July 14, 2016 and distributed more than 28 grams of cocaine base (a/k/a crack cocaine) on November 18, 2016. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Hale faces at least 10 years and up to life in prison, as well as a term of post-imprisonment supervised release of at least 8 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Hale was arraigned yesterday before United States Magistrate Judge Daniel J. Stewart. Today, Judge Stewart ordered Hale detained pending trial.
This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Saratoga Springs Man Indicted for Fentanyl Overdose DeathRead the Press Release
ALBANY, NEW YORK – Steven M. Boice, age 28, of Saratoga Springs, New York, was indicted today on a charge of distributing fentanyl that caused an overdose death in Saratoga County in February 2017.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA); and Saratoga Springs Police Department Chief Gregory Veitch.
According to the indictment, on February 3, 2017, Boice distributed furanyl fentanyl to a person with the initials B.L., who died from ingesting that furanyl fentanyl.
Boice also faces charges of possessing two firearms – a DPMS Panther Arms semi-automatic rifle and a Mossberg Maverick shotgun – in furtherance of a drug trafficking crime, as well as possession with intent to distribute furanyl fentanyl. Furanyl fentanyl is a fentanyl analogue that the DEA Administrator listed as a Schedule I controlled substance in November 2016.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted of all charges, Boice faces at least 25 years and up to life in prison, as well as post-imprisonment supervised release of at least 3 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Boice will be arraigned at a later date. He has been in custody since February 10, 2017, when Saratoga Springs Police arrested him on state charges following a search of his residence. During the search, Saratoga Springs Police and the DEA located approximately 360 bags containing furanyl fentanyl, the semi-automatic rifle and shotgun, and high-capacity ammunition magazines, according to a criminal complaint previously filed in this case.
This case is being investigated by the DEA and its Capital District Drug Enforcement Task Force, which includes members of the Saratoga Springs Police Department, Rensselaer County Sheriff’s Office, New York State Police, Saratoga County Sheriff’s Office, and Washington County Sheriff’s Office. The Saratoga County District Attorney’s Office is also assisting in the investigation.
This case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Riverview Man Sentenced for Conspiracy to Commit Theft of Government PropertyRead the Press Release
Tampa, FL – U.S. District Judge Virginia Hernandez Covington today sentenced Chris J. McDonald, Sr. (53, Riverview) to one year and one day in federal prison for his role in a conspiracy to commit theft of government property. As part of his sentence, the Court also ordered him to pay $117,952.35 in restitution to the Internal Revenue Service, and entered a separate money judgment against McDonald in the amount of $64,924.
McDonald was found guilty on December 14, 2017, following a four-day jury trial.
This case is related to the earlier federal prosecution of Jeanette Hevel, a former Tampa Police Department (TPD) corporal who stole 13 United States Treasury tax refund checks, money orders, and a refund anticipation loan from various locations inside TPD, including its secure evidence property room. Her unlawful conduct occurred over an approximately 9-month period, beginning in or around September 2011. In April 2015, Hevel pleaded guilty for her conduct pursuant to a plea agreement in which she agreed to cooperate in the government’s ongoing investigation of those responsible for cashing the stolen tax refund checks.
On December 9, 2015, a federal grand jury returned an indictment against McDonald and Joseph Lugo for their roles in the criminal conduct. According to court records, Hevel provided 9 of the 13 stolen tax refund checks to Lugo, who then delivered them to Robert Sanders and McDonald. McDonald deposited the checks into one of his bank accounts and then typically returned to the bank the next business day and withdrew the funds and shared them with the conspirators. None of the conspirators knew any of the payees listed on the tax refund checks, nor did they have permission from any of the payees to possess or deposit the checks.
Lugo pleaded guilty in June 2017. Sanders pleaded guilty in 2014 and testified for the government at trial.
This case was investigated by the Internal Revenue Service – Criminal Investigation and the Tampa Police Department. It was prosecuted by Assistant United States Attorneys Jay G. Trezevant and Frank Murray.
Real Estate Investor Sentenced to 30 Months in Prison for Rigging Bids at Northern California Public Foreclosure AuctionsRead the Press Release
A real estate investor was sentenced today for his role in conspiracies to rig bids at public real estate foreclosure auctions in Northern California, the Department of Justice announced.
Michael Marr was charged on Nov. 19, 2014, in an indictment returned by a federal grand jury in the Northern District of California. He was convicted on June 2, 2017, of conspiring to rig bids at foreclosure auctions in Alameda and Contra Costa County. Today, Marr was sentenced to serve 30 months in prison and to serve 3 years of supervised release. In addition to his term of imprisonment, Marr was ordered to pay a criminal fine of $1,397,061.59.
“Michael Marr was a driving force behind a multi-year conspiracy to corrupt the public foreclosure auction process through a system of illegal payoffs,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “Today’s sentence reflects the seriousness of that crime.”
The evidence at trial showed that the defendant conspired with others to rig bids to obtain hundreds of properties sold at foreclosure auctions. The conspirators designated the winning bidders to obtain selected properties at the public auctions, and negotiated payoffs among themselves in return for not competing with one another. They subsequently conducted private auctions among themselves at or near the courthouse steps where the public auctions were held, awarding the properties to the conspirators who submitted the highest bids in those private auctions.
As the CEO of Community Fund, LLC and Community Realty Property Management Inc., Marr sent multiple employees to the foreclosure auctions to rig bids on his behalf. As part of the conspiracies, Marr’s agents purchased several hundred properties through the bid-rigging conspiracies and were owed payoffs on hundreds more.
When real estate properties are sold at public auctions, the proceeds are used to pay off the mortgage and other debt attached to the property, with the remaining proceeds paid to the homeowner.
The sentence is a result of an ongoing investigation into bid rigging at public real estate foreclosure auctions in California’s San Francisco, San Mateo, Alameda, and Contra Costa counties, which is being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Office. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Antitrust Division’s San Francisco Office at 415-934-5300 or call the FBI tip line at 415-553-7400.
Raleigh Residents Sentenced for Health Care Fraud Conspiracy Targeting North Carolina MedicaidRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that yesterday in Federal court in New Bern, United States District Judge Louise W. Flanagan sentenced CHRISTOPHER LEON BROWN and MARK RAYFIELD BROWN, JR., both of Raleigh, North Carolina to 40 months in prison and 30 months in prison, respectively, for their roles in a health care fraud conspiracy that targeted the North Carolina Medicaid system. The Court ordered the terms of imprisonment to be followed by three years of supervised release. Both defendants were also ordered to pay restitution to the North Carolina Medicaid Program, among other terms of the judgment.
CHRISTOPHER LEON BROWN was named in Criminal Information filed on March 31, 2017, which charged him with conspiracy to commit health care fraud. On April 13, 2017, BROWN pled guilty to the charge.
MARK RAYFIELD BROWN, JR. was named in a Criminal Information filed on December 22, 2016, which charged him with conspiracy to commit health care fraud. On February 16, 2017, BROWN, JR. pled guilty to the charge.
A third co-conspirator, DARRYL VASHAUN STANFORD, of Raleigh, North Carolina, pleaded guilty to a Criminal Information on April 13, 2017. On February 22, 2018, STANFORD was sentenced to 34 months imprisonment and three years of supervised release and ordered to pay restitution to North Carolina Medicaid Program, among other terms of the judgment.
According to the charging instruments, statements made in court, and other public information, BROWN, BROWN JR., and STANFORD were co-conspirators in a health care fraud scheme that stole hundreds of thousands in funds from the North Carolina Medicaid Program through the purchase and exploitation of stolen Medicaid beneficiary information and clinician information. The stolen information was used by the co-conspirators to submit thousands of false and fraudulent claims for reimbursement for health care services that were never rendered by the listed providers. The co-conspirators targeted the North Carolina Health Choice (NCHC) Health Insurance Program for Children in particular, a comprehensive health coverage program for low-income children which is part of the North Carolina Medicaid system.
Between approximately April 2014 and May 2015, BROWN, BROWN, JR., and STANFORD submitted fraudulent claims to Medicaid through Christian Medical Center, Inc., a purported provider of outpatient behavioral services in eastern North Carolina. In truth, Christian Medical was a shell company or “false front” with no legitimate business operations by this point. BROWN, JR. was the owner of record for Christian Medical and partnered with BROWN (no relation) to facilitate the scheme. Among other things, BROWN purchased stolen Medicaid beneficiary information and forwarded it to STANFORD, an experienced Medicaid biller. STANFORD, in turn, used the stolen information to prepare and electronically file the fraudulent claims on Christian Medical’s behalf through Medicaid’s NCTracks system.
In addition to their roles with respect to the Christian Medical scheme, BROWN and STANFORD were charged with, pleaded guilty to, and sentenced for engaging in a related conspiracy to file thousands of fraudulent Medicaid claims on behalf of multiple other providers. These claims also incorporated stolen Medicaid beneficiary information and clinician information.
Investigation of this case was conducted by the Federal Bureau of Investigation and the North Carolina Department of Justice, Medicaid Investigations Division. Assistant United States Attorney Adam F. Hulbig prosecuted the case for the government.
Pocatello Man Pleads Guilty to Distribution of a Controlled Substance Resulting in DeathRead the Press Release
POCATELLO – Michael Simmons, 33, of Pocatello, Idaho, pleaded guilty yesterday to distribution of a controlled substance analogue resulting in death, U.S. Attorney Bart M. Davis announced. Simmons was indicted by a federal grand jury in Pocatello on September 13, 2017.
According court documents, on June 17, 2016, Simmons distributed a Schedule I synthetic opioid commonly known as U-47700 to victim, A.D., in Pocatello, Idaho. Simmons knew that it was a prohibited substance when distributed for human consumption, and knew that it would have the same effect on the central nervous system as an illegal substance. Simmons distributed the analogue for A.D.’s consumption. A.D. consumed the analogue, which caused A.D.’s death.
The charge for distribution of a controlled substance analogue resulting in death is punishable by a mandatory minimum of 20 years in prison up to life, a maximum fine of $2,000,000, and at least three years of supervised release.
Sentencing is set for June 20, 2018, before Chief U.S. District B. Lynn Winmill at the federal courthouse in Pocatello.
“Our nation is in the midst of an opioid epidemic and Idaho is not immune from it,” Davis said. “The Department of Justice has made combatting the opioid crisis a priority. As in this case, my office and federal law enforcement agencies are dedicated to partnering with state and local law enforcement and prosecutors to battle this epidemic.”
The case was investigated by the Department of Homeland Security/Immigration and Customs Enforcement/Homeland Security Investigations, the Pocatello Police Department and the Drug Enforcement Administration, with assistance from the Idaho State Police and the Pocatello Fire Department.
Pittsburgh Woman Pleads Guilty to Drug ChargeRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Sharima Zyhier, 41, pleaded guilty to one count before Chief United States District Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that from in and around January 2016, and continuing thereafter to in and around May 2016, Zyhier conspired with others to distribute, and possess with intent to distribute, cocaine, a Schedule II controlled substance.
Judge Conti scheduled sentencing for July 10, 2018 at 3:30 p.m. The law provides for a total sentence of not more than 20 years in prison, a fine not to exceed $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Cindy K. Chung and Katherine A. King are prosecuting this case on behalf of the government.
A federally administered Organized Crime and Drug Enforcement Task Force (OCDETF) conducted the investigation that led to the prosecution of Sharima Zyhier. The task force is headed by the Drug Enforcement Administration and is comprised of members drawn from the Pennsylvania Office of the Attorney General, Ambridge Police Department, New Brighton Police Department, Beaver Police Department, Aliquippa Police Department, Moon Township Police Department, Wilkinsburg Police Department, West Mifflin Police Department, Allegheny County Police Department, Duquesne Police Department, Munhall Police Department, Allegheny County Sheriff’s Office, Pittsburgh Bureau of Police, and the Pennsylvania State Police. The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Ohio Man Indicted for Hate Crime AssaultRead the Press Release
The Department of Justice today announced that an Ohio man has been indicted by a federal grand jury in the Southern District of Ohio on a charge of violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.
According to the indictment, on or about Feb. 4, 2017, outside of a restaurant located in Cincinnati, Ohio, Izmir Koch, 32, willfully caused bodily injury to a person because of that person’s perceived religion. The indictment alleges that Koch hit and kicked an individual (Victim-1), after Victim-1 represented that he was Jewish. Victim-1 is alleged to have suffered bodily injury as a result of the assault, including a fractured orbital floor.
If convicted, Koch faces a statutory maximum sentence of 10 years in prison, a fine of $250,000, or both. An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
This case is being investigated by the Cincinnati Division of the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Megan Gaffney of the Southern District of Ohio and Trial Attorney Gabriel Davis of the Civil Rights Division of the Department of Justice.
Nashua Man Sentenced to 18 Months for Illegal Possession of FirearmsRead the Press Release
CONCORD - Ryan Faulconer, 25, of Nashua, was sentenced to serve 18 months in prison for illegal possessing firearms, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Faulconer purchased eight firearms in a two-week period between April and May of 2016. At the time he purchased the firearms, Faulconer was prohibited from possessing firearms by federal law due to an ongoing addiction to opioids. However, when making the purchases, he falsely stated that he was not addicted to any controlled substances. When interviewed by investigators in May of 2016, Faulconer admitted his addiction and could produce only one of the eight firearms, claiming the others had been stolen.
Faulconer pleaded guilty on October 4, 2017. Following the completion of his term of imprisonment, Faulconer will serve a term of three years of supervised release.
“In order to combat violent crime, we must ensure that guns do not fall into the wrong hands,” said U.S. Attorney Murray. “We will work closely with our law enforcement partners to enforce federal gun laws in order to keep our communities safe.”
“The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is committed to targeting prohibited individuals from possessing and trafficking in firearms”, said Mickey Leadingham, ATF Special Agent in Charge Field of the Boston Field Division. “ATF will continue to collaborate with our law enforcement partners to eliminate these type of crimes and remove firearms from illegal commerce.”
This matter was investigated by the ATF. The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Monroe, N.C. Methamphetamine Trafficker Pleads GuiltyRead the Press Release
CHARLOTTE, N.C. – Larry Allen Elkins, Jr., 31, of Monroe, N.C. appeared before U.S. Magistrate Judge David Keesler yesterday and pleaded guilty to methamphetamine trafficking conspiracy and possession with intent to distribute methamphetamine, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina.
According to filed court documents and court proceedings, Elkins was part of a narcotics distribution network operating in Union and Mecklenburg Counties and elsewhere. To date, more than 14 individuals have been indicted on federal charges in connection with this investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The Union County Sheriff’s Office, the Monroe Police Department, the Division of Adult Correction and Juvenile Justice, the FBI and ATF, are among the law enforcement agencies which are task force members.
OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Those who have been charged federally or have pleaded guilty to federal charges as part of this OCDETF investigation are:
- Jason Albert Frankenberg, 41, of Matthews, N.C.
- Isaac Patton Brown, 46, of Charlotte.
- Johnathan Mitchell Goodwin, 36, of Wadesboro, N.C.
- Elizabeth Lorraine Lewis, 28, of Pinnacle, N.C.
- Nestor Martin Fernandez, 38, of Charlotte.
- Emilio Mejia, 28, of Charlotte.
- Rodolfo Medina, 47, of Charlotte.
- Jose Javier Reyes, 19, of Charlotte.
- Mauco Contreras, 21, of Charlotte.
- Kevin Eliezer Velasquez Melendez, 18, of Concord, N.C.
- Alejandro Jose Lopez Ceballos, 20, of Charlotte.
- Martha Olivia Placencia Beltran, 48, of Charlotte.
- Edgar Jesus Magana, 24, of Charlotte.
- Brandy Nicole Short, 34, of Gastonia, N.C.
According to filed court documents and court proceedings filed in Elkins’s case and related cases, the defendants are part of a drug network responsible for trafficking large amounts of methamphetamine and heroin in North Carolina, including in Union County. Over the course of the investigation, law enforcement seized more than five kilograms of methamphetamine, numerous firearms, and cash drug proceeds.
Assistant U.S. Attorneys Jennifer Dillon and Special Assistant U.S. Attorney Erik Lindahl of the U.S. Attorney’s Office in Charlotte are in charge of the prosecution.
Mexican Man Sentenced to Prison for Illegally Returning to the United States Following Prior DeportationRead the Press Release
A Mexican man who illegally returned to the United States was sentenced today to three months in federal prison.
Alberto Garrido-Garrido, age 40, a citizen of Mexico illegally present in the United States and residing in Patch Grove, Wisconsin, received the prison term after a January 11, 2018, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Garrido-Garrido admitted he had previously been deported from the United States on December 26, 2010, and that he illegally reentered the United States without the permission of the United States government. Garrido-Garrido was also granted voluntary returns to Mexico in April 2004 and June 2009. On December 13, 2017, Garrido-Garrido was found by immigration officers at the Clayton County Jail in Elkader, Iowa, where he was serving jail time associated with a November 2007 conviction for operating a motor vehicle while intoxicated. Garrido-Garrido violated the terms of his probation on the 2007 conviction and absconded from supervision in January 2008. Garrido-Garrido had also been convicted of operating a motor vehicle while intoxicated in Winneshiek County in December 2006.
Garrido-Garrido was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Garrido-Garrido was sentenced to 92 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.
Garrido-Garrido 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-1049.
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Mescalero Apache Woman Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Kathryn Cojo, 33, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge under a plea agreement with the U.S. Attorney’s Office.
Cojo was arrested in March 2017, on a two-count indictment charging her with assault with a dangerous weapon and assault resulting in serious bodily injury. According to the indictment, Cojo committed the crimes on Nov. 15, 2015, on the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.
During today’s proceedings, Cojo pled guilty to Count 1 of the indictment charging her with assault with a dangerous weapon. In entering the guilty plea, Cojo admitted assaulting a man by striking him with a sharp object in the neck, back and abdomen, and that the victim required stitches and medical attention as the result of the assault. Cojo admitted committing the assault on Nov. 15, 2015, on the Jicarilla Apache Indian Reservation.
At sentencing, Cojo faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Jicarilla Apache Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.
Marshall County man sentenced for drug distribution chargeRead the Press Release
WHEELING, WEST VIRGINIA – Ronald Lee Shaw, of Moundsville, West Virginia, was sentenced today to 33 months incarceration for drug distribution, United States Attorney Bill Powell announced.
Shaw, also known as “Fuzz,” age 46, pled guilty to one count of “Distribution of Cocaine within 1,000 Feet of a Protected Location” in September 2017. Shaw admitted to selling cocaine near Riverview Towers in Wheeling on April 18, 2017.
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The Ohio Valley Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.
March Grand JuryRead the Press Release
United States Attorney Joseph P. Kelly announced the federal Grand Jury for the District of Nebraska has returned 34 indictments charging 37 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Angel Abarca Cuevas, age 41, of Omaha, is charged with illegal reentry after deportation following a felony conviction on or about March 7, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Justin J. Bertschinger, age 38, of Norfolk, Nebraska and Wendy Bertschinger, age 46, of Norfolk, Nebraska are charged in a five-count Indictment. Count I of the Indictment charges Justin with Theft of Government funds from the Social Security Administration (SSA) on or about May, 2010 continuing through February, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a 3 year term of supervised release, and a $100 special assessment. Count II charges Justin with False Statement to SSA on or about September 13, 2013. The maximum possible penalty if convicted is 5 years imprisonment, a 3 year term of supervised released, and a $100 special assessment. Count III charges Justin with fraud or false statement or representation on or about March, 2014. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count IV of the Indictment charges Wendy with fraud or false statement or representation on or about September, 2013. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
Count V of the Indictment charges Justin with fraud or false statement or representation on or about March, 2009. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Sara Marie Boyd, age 35, of Chadron, NE is charged in a two-count Indictment. Count I charges the defendant with conspiracy to distribute less than 50 kilograms of marijuana beginning on or about January, 2018, and continuing to on or about February 14, 2018. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 2 year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to distribute less than 50 kilograms of marijuana on or about February 14, 2018. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 2 year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about February 14, 2018.
* Jesus Corrales, age 64, is charged with illegal reentry after deportation following an aggravated felony conviction on or about March 2, 2018. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Mozamil Mohammed Daud, age 22, of Sioux Falls, South Dakota, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about February 22, 2018. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Ronald Dorn, age 56, of Elgin, Nebraska, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute 50 grams or more of methamphetamine between on or about August 1, 2017 and February 8, 2018. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, NLT a 4 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine on or about February 8, 2018. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, NLT a 4 year term of supervised release, and a $100 special assessment. Count III of the Indictment charges the defendant with using, carrying, or possessing a firearm in connection with a drug trafficking crime on or about February 8, 2018. The maximum possible penalty if convicted is Life consecutive imprisonment, a $250,000 fine, up to a 5 year term of supervised release and $100 special assessment.
* Yosvani Galindo, age 39 of Omaha, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine on or about March 11, 2018. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with felon in possession of a firearm on or about March 11, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, up to a 3 year term of supervised release and $100 special assessment. Count III of the Indictment charges the defendant with using, carrying, or possessing a firearm in connection with a drug trafficking crime on or about March 11, 2018. The maximum possible penalty if convicted is Life consecutive imprisonment, a $250,000 fine, up to a 3 year term of supervised release and $100 special assessment. There is also an allegation to forfeit United States currency seized on or about March 11, 2018.
* Luis Haro, age 43 is charged in a five-count Indictment. Count I of the Indictment charges the defendant with conspiracy with intent to distribute 50 grams or more of methamphetamine (actual) between in or about August, 2017 and continuing to on or about February 12, 2018. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, NLT a 5 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about February 12, 2018. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, NLT a 5 year term of supervised release, and a $100 special assessment. Count III of the Indictment charges the defendant with felon in possession of a firearm on or about February 12, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release and $100 special assessment. Count IV of the Indictment charges the defendant with illegal alien in possession of a firearm on or about February 12, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release and $100 special assessment. Count V of the Indictment charges the defendant with using, carrying, or possessing a firearm in connection with a drug trafficking crime on or about February 12, 2018. The maximum possible penalty if convicted is Life consecutive imprisonment, a $250,000 fine, up to a 5 year term of supervised release and $100 special assessment. There is also an allegation to forfeit United States currency seized on or about February 12, 2018.
* Wilber Mauricio Hernandez-Cortez, a/k/a Kevin Hernandez-Cortez age 21, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with possession of a firearm by an illegal alien on or about January 1, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release and $100 special assessment. Count II of the Indictment charges the defendant with illegal reentry after deportation on or about January 1, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Michael Knapp, age 59, of Brockway, Michigan, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about February 3, 2018. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Sean D. Kramer, age 45 of Prescott, Arizona, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) and marijuana on or about October 2, 2017. The maximum possible penalty if convicted is Life imprisonment, a $20,000,000 fine, NLT a 10 year term of supervised release, and a $100 special assessment.
* Omero Antonio Leon, age 23, of Macy, Nebraska is charged with domestic assault on or about March 15, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Miguel Mariscal Castro, age 55, of Omaha, is charged with illegal reentry after deportation following an aggravated felony conviction on or about March 12, 2018. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Juan Mendez-Perez, a/k/a Jose Alfredo-Jimenez, a/k/a Juan Mendez-Lopez, age 28, of Imperial, Nebraska is charged with illegal reentry after deportation on or about March 4, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Noe Mendoza-Mendoza, age 45, is charged with illegal reentry after deportation following an aggravated felony conviction on or about March, 2018. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Israel Dewayne Mileage, age 26, of Lincoln, Nebraska, is charged with felon in possession of a firearm on or about February 27, 2018. The maximum possible penalty if convicted is NMT 10 years imprisonment, a $250,000 fine, a NMT 3 year term of supervised release, and a $100 special assessment.
* John Nichols, age 53, of Omaha, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute 500 grams or more of methamphetamine beginning on or about October 1, 2017 and continuing to on or about March 2, 2018. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, NLT a 5 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with possession with intent to distribute 500 grams or more of methamphetamine on or about March 2, 2018. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, NLT a 5 year term of supervised release, and a $100 special assessment. Count III of the Indictment charges the defendant with felon in possession of a firearm on or about March 2, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release and $100 special assessment. There is also an allegation to forfeit United States currency seized on or about March 2, 2018.
* Jennifer A. Rosenblatt, age 44, of Overland Park, Kansas is charged in a five Count Indictment with Wire Fraud on or about July 14, 2014 through October 7, 2016. The Indictment alleges Rosenblatt, a Treasurer at Jewish Federation of Lincoln, defrauded JFL causing losses of $38,979.05. The maximum possible penalty if convicted is 20 years imprisonment for each count, a $250,000 fine for each count, a 3 year term of supervised release for each count, and a $100 special assessment for each count.
* Leobardo Sanchez Urbina, age 29, is charged with illegal reentry after deportation on or about February 14, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* David Tarrence, age 62, of Lincoln, Nebraska is charged in a four Count Indictment with Filing False Tax Returns on or about April 15, 2012 through October 14, 2015. The maximum possible penalty if convicted is 3 years imprisonment for each count, a $250,000 fine for each count, a 1 year term of supervised release for each count, and a $100 special assessment for each count.
Madison Man Charged in Large Scale Vehicle Odometer Roll Back SchemeRead the Press Release
Jackson, Miss. - Zachary Longgrear, 29, of Madison, Mississippi, appeared in court yesterday before U.S. Magistrate Judge F. Keith Ball for an initial appearance on a federal criminal complaint charging him with providing false odometer disclosure statements and conspiracy in an odometer roll back scheme of multiple high mileage vehicles, announced U.S. Attorney Mike Hurst and Supervisory Special Agent David W. Sparks with the U.S. Department of Transportation, National Highway Traffic Safety Administration.
According to the criminal complaint and affidavit, for at least the last four years, Zachary Longgrear, along with his father, Mark Longgrear, operating individually and through their company Southern Auto Buyers LLC, bought more than 50 late model, high mileage vehicles from auctions, dealerships, and/or individuals, thereafter illegally altered the odometers of such vehicles to show lower mileage, forged and fraudulently created paperwork to secure new titles showing false lower mileage for these vehicles, and then sold said vehicles directly to individuals and automobile dealerships at much higher prices. Some of the vehicles were sold via internet websites directly to consumers. Other vehicles were sold through employment and wholesale relationships with large Mississippi automobile dealerships in Jackson and Vicksburg, who in turn unknowingly sold them to consumers with this false information.
Violations of Section 32705(a)(2) of Title 49 each carry a penalty of three years in prison and/or a $250,000 fine. The conspiracy charge, 18 U.S.C. § 371, is punishable by 5 years in prison and/or a $250,000 fine.
The case was investigated by United States Department of Transportation, National Highway Traffic Safety Administration, Office of Odometer Fraud Investigation, with assistance from the United States Postal Inspection Service, and the U.S. Marshals Service. It is being prosecuted by Assistant U.S. Attorney Keesha Middleton.
The public is reminded that a criminal complaint is a formal charge against a defendant. It is merely an accusation and each defendant is presumed innocent unless and until proven guilty in a court of law.
Lumberton Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, Chief United States District Judge James C. Dever, III sentenced WILLIAM MARTIN LAWSON, 42, of Lumberton to 120 months of imprisonment followed by 5 years of supervised release.
On August 22, 2017, LAWSON was named in an Indictment charging him with Possession of a Firearm by a Felon. On November 13, 2017, LAWSON, pled guilty to that charge.
On May 16, 2017, deputies from the Robeson County Sheriff’s Office (RCSO) responded to a report of a stolen firearm. When the deputies arrived at the residence, LAWSON’s nephew reported he was asleep in his bedroom when his uncle, woke him to ask for money. The nephew felt that LAWSON was under the influence of some type of drug and refused to give the defendant money. He noticed his .40 caliber handgun located on the bedside nightstand prior to falling back to sleep. The nephew was next awaken by the sound of a vehicle engine and noticed the handgun was no longer on the nightstand. He immediately contacted law enforcement to report the firearm stolen by LAWSON. RCSO deputies were able to locate LAWSON's vehicle and initiated a traffic stop. The defendant was removed from the vehicle and the firearm was recovered from the driver side floorboard. LAWSON has previously been convicted for numerous breaking and entering’s, including stealing a total of 9 firearms during those offenses.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The Robeson County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) conducted the criminal investigation of this case. Assistant United States Attorney Jane J. Jackson handled the prosecution of this case for the government.
Long Beach Man Pleads Guilty to Lying to Federal Grand JuryRead the Press Release
Jackson, Miss. – David Hawthorne, 36, of Long Beach, pled guilty yesterday before U.S. District Judge Henry T. Wingate to making false declarations before a federal grand jury, announced U.S. Attorney Mike Hurst and FBI Special Agent in Charge Christopher Freeze.
On December 8, 2015, Hawthorne appeared before a federal grand jury in Jackson and proceeded to offer false testimony regarding having traveled with another individual to Fort Lauderdale, Florida, for the purpose of purchasing an expensive boat. He testified to the federal grand jury in great detail about this supposed trip with his companion. However, no such trip ever took place. This meant that the bill of sale reflecting the purchase of the boat in south Florida, which was provided by his companion to the FBI, was in fact fraudulent. In pleading guilty, Hawthorne admitted to Judge Wingate that his testimony before the federal grand jury was in fact false.
Hawthorne will be sentenced by Judge Wingate in Jackson on June 8, 2018, at 9:30 a.m. He faces a maximum penalty of five years in prison followed by three years of supervised release and a $250,000 fine.
Hurst praised the investigative work conducted by the Federal Bureau of Investigation, as well as Assistant U.S. Attorney Jay Golden who prosecuted the case.
Local Man Convicted of Multiple Child Exploitation ChargesRead the Press Release
HOUSTON – A 28-year-old man from Channelview has entered a guilty plea to the receipt and possession of child pornography, announced U.S. Attorney Ryan Patrick.
Lucio Banda first came to the attention of law enforcement after they found multiple images of child pornography associated with his online account.
Authorities conducted a search at his residence, at which time they seized Samsung Galaxy Note 3 cellular phone and a San Disk Micro SD Ultra flash drive and a San Disk Ultra Plush flash memory card. Forensic analysis ultimately uncovered 2,191 images and 251 videos contained child pornography which included a substantial number of files with minor females under the age of five. Some of the images are known victims identified through the National Center for Missing and Exploited Children.
At the time of the search, he admitted the child pornography was his as well as the online account he used to obtain child pornography. Today, Banda acknowledged using peer-to-peer software to search for, download and obtain child pornography. He also admitted to viewing child pornography for at least five years and that he had been doing so for at least two to three years.
U.S. District Judge Kenneth Hoyt accepted the plea to day and set sentencing for June 11, 2018. At that time, Banda faces a minimum of five and up to 20 years for the receipt and a maximum of 10 years for possession of child pornography. Each convicted also carries a possible $250,000 maximum fine.
He was permitted to remain on bond pending that hearing.
The FBI conducted the investigation.
Assistant U.S. Attorney Julie N. Searle is prosecuting the case which 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."
Local Man Charged with Hate Crime in Attack Outside Cincinnati RestaurantRead the Press Release
CINCINNATI – A federal grand jury has charged Izmir Koch, 32, of Huber Heights, with violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act in an indictment unsealed today.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the charges.
According to the indictment, on February 4, 2017, Koch was outside a Cincinnati restaurant with others when he allegedly yelled out asking if anyone outside the restaurant was Jewish.
A victim responded that he was Jewish and it is alleged that Koch then ran to the victim and punched him in the head. When the victim fell to the ground, Koch and others continued hitting and kicking him.
The victim sustained injuries from the attack, including rib contusions and a fracture of his orbital floor.
Koch was charged with one count of committing a hate crime, which is punishable by up to 10 years in prison. He was arrested this morning and appeared before U.S. Magistrate Judge Stephanie K. Bowman at 1:30pm.
“Physically attacking someone because you think he’s Jewish—or Christian or Muslim or any other religion—is a federal crime,” said U.S. Attorney Glassman. “This office prosecutes hate crimes.”
U.S. Attorney Glassman commended the investigation of this case by the FBI, as well as Assistant United States Attorney Megan Gaffney and Trial Attorney Gabriel Davis of the Civil Rights Division of the Department of Justice, who are prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
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Lexington Man Pleads Guilty to Trafficking in Fentanyl and Possession of Firearms in Furtherance of Drug TraffickingRead the Press Release
LEXINGTON, Ky. — Melvin T. Mahone, Jr., age 30, of Lexington Ky., pleaded guilty today to possession with the intent to distribute more than 40 grams of fentanyl and to possessing firearms in furtherance of the distribution of fentanyl.
In the course of his guilty plea, Mahone admitted to living in a house on American Avenue in Lexington on October 20, 2016, when members of the Lexington Police Department executed a search warrant. Mahone was found to be in possession of 60.6 grams of fentanyl, which he intended to sell to street level users. Fentanyl is a highly addictive and dangerous drug that has been responsible for many of overdose deaths in Kentucky over the past two years.
During the course of the guilty plea, Mahone also admitted to the possession of a loaded .38 caliber revolver and a loaded .22 caliber semi-automatic assault type rifle. These two firearms were found in close proximity to Mahone. Mahone acknowledged that the firearms were used in furtherance of the distribution of fentanyl. Mahone also admitted that he had previously been convicted of the federal drug trafficking felony of conspiracy to distribute oxycodone in 2008. Mahone was indicted by a grand jury in April of 2017.
Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky, Chief Lawrence Weathers, Lexington Police Department and Stuart Lowery, Special Agent in Charge, Alcohol tobacco and Firearms, jointly made the announcement today after Mahone entered his guilty plea.
The investigation was conducted by Lexington Police Department and the ATF. The United States was represented in the case by Assistant United States Attorney Roger W. West.
Mahone is currently scheduled to appear for sentencing before United States District Court Chief Judge Karen K. Caldwell in Lexington on June 26, 2018, at 11:00 a.m. Mahone faces a mandatory minimum prison sentence of 15 years.
This case were prosecuted as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Lehigh Acres Man Pleads Guilty to Multiple Gun and Drug ChargesRead the Press Release
Fort Myers, Florida – Alejo Guerrero (36, Lehigh Acres) today pleaded guilty to 12 felony charges related to the armed trafficking of cocaine and his possession and sale of firearms. Guerrero, who has previously been convicted of robbery and burglary charges, faces a maximum penalty of life in federal prison.
According to court documents, federal and state authorities conducted multiple operations in 2016 and 2017, during which Guerrero sold cocaine and firearms, including an AK-47, to an informant. On October 13, 2017, agents executed a search warrant at Guerrero’s residence. Inside the home, they found Guerrero, along with his girlfriend and an infant child, a stash of cocaine, thousands of dollars in cash, a bulletproof vest, a .357 revolver, and an empty safe. The key for the safe was located next to the toilet.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Lee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Michael V. Leeman.
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.
Leaders of Taos County-Based Drug Trafficking and Money Laundering Ring Sentenced to PrisonRead the Press Release
ALBUQUERQUE – The leaders of a Taos County-based drug trafficking organization were sentenced yesterday to lengthy terms of incarceration for convictions on heroin trafficking and firearms charges arising out of a DEA-led multi-agency investigation. Ivan Romero, 41, of El Prado, N.M., was sentenced to 130 months of imprisonment followed by five years of supervised release, while his brother, Ricco Romero, 28, of Taos, N.M., was sentenced to 120 months of imprisonment followed by five years of supervised release. Each of the defendants was ordered to forfeit $448,590 in cash, and Rico Romero also was ordered to forfeit two firearms. Additionally, each defendant was ordered to pay $15,000 in community restitution.
Ivan Romero, Ricco Romero, and six co-defendants initially were charged with methamphetamine trafficking, heroin trafficking and money laundering offenses in an eight-count indictment filed in Dec. 2015. The indictment was superseded in Feb. 2016 to add another defendant, Elena Carabajal, 27, of El Prado, and five additional charges. The superseding indictment charged Ivan Romero, Ricco Romero and seven co-defendants with conspiring to distribute heroin and methamphetamine from at least June 2012 through Dec. 2015. It also charged Ivan Romero, Ricco Romero, Melissa Romero, 38, of El Prado, and Wilma Romero, 67, of Taos, with conspiring to launder heroin trafficking proceeds. The superseding indictment also included substantive heroin trafficking charges against several of the defendants as well as provisions seeking forfeiture to the United States of all assets and property derived, either directly or indirectly, from proceeds obtained from the criminal activities charged.
Ivan Romero and Ricco Romero both entered guilty pleas on Dec. 5, 2016. Both men admitted participating in a heroin trafficking conspiracy and a money laundering conspiracy, and Ricco Romero also admitted possessing firearms in furtherance of his drug trafficking activities. According to the admissions contained in their plea agreements and other court filings, Ivan Romero was the leader of a heroin trafficking organization based in Taos County. Ivan Romero and Ricco Romero were responsible for purchasing quantities of heroin from suppliers in Albuquerque and Los Lunas, N.M. Other members of the organization acted as couriers and regularly transported large quantities of heroin to Ivan Romero and Ricco Romero in Taos County. Upon receiving the bulk heroin, Ivan Romero and Ricco Romero prepared the heroin for distribution by mixing or “cutting” it with other substances, repackaged it in smaller portions, and distributed it both directly and through a network of other drug dealers. Juanita Romero, 36, of Chamisa, N.M., was one such dealer who distributed heroin in and around Penasco.
In April 2015, law enforcement officers executed a state search warrant at Ivan Romero’s residence where they seized drug paraphernalia, 461 grams of marijuana, 30 grams of hashish, more than 300 grams of heroin, and $64,920 in cash. Ivan Romero was arrested on state charges that day, and Ricco Romero assumed a greater managerial role in the heroin trafficking organization at that time.
Following Ivan Romero’s arrest on April 2, 2015, a state court set his bond at $90,000. Wilma Romero, Ricco Romero and Melissa Romero conspired to launder $90,000 in heroin proceeds to post that bond and secure Ivan Romero’s release from state custody. Ivan Romero soon violated the conditions of his release, was remanded back to state custody and a second bond was set at $150,000. In May 2015, Wilma Romero, Ricco Romero and Melissa Romero again conspired to launder an additional $150,000 in heroin proceeds to post that bond
On June 29, 2015, law enforcement agents executed a federal search warrant at Wilma Romero’s residence. In the course of that search, agents seized approximately 97.5 grams of heroin, a small amount of marijuana, drug paraphernalia, $73,288, and gold coins.
On Nov. 17, 2015 and Dec. 1, 2015, Ricco Romero distributed heroin to an individual working with law enforcement agents. Thereafter, on Dec. 18, 2015, law enforcement agents obtained and executed a federal search warrant at Ricco Romero and Carabajal’s residence and at another residence where Ricco Romero and Carabajal maintained a safe. During those searches, agents seized 96.8 grams of heroin, $70,562 in cash, and two firearms.
Ivan and Ricco Romero’s seven co-defendants have all entered guilty pleas:
- Nicholas Baca, 31, of Cerro, N.M., pled guilty in Feb. 2017, to participating in a heroin trafficking conspiracy, and was sentenced on June 14, 2017, to time served followed by five years of supervised release;
- Juanita Romero, 36, of Chamisa, N.M., pled guilty in Feb. 2017, to participating in a heroin trafficking conspiracy, and was sentenced on June 14, 2017, to time served followed by five years of supervised release;
- Melissa Romero pled guilty in Dec. 2016, to participating in the money laundering conspiracy, and was sentenced on June 14, 2017, to three years of probation;
- Elena Carabajal pled guilty in Jan. 2017, to possession of heroin with intent to distribute, and was sentenced on June 13, 2017, to a year and a day in prison followed by five years of supervised release; and
- Wilma Romero, pled guilty in Jan. 2017, to participating in the money laundering conspiracy and possessing heroin with intent to distribute, and was sentenced on Nov. 9, 2017 to 24 months in prison followed by five years of supervised release.
- Tyler Baker, 36, of Albuquerque, N.M., pled guilty in Oct. 2016 to participating in the heroin trafficking conspiracy;
- Jason Duran. 43, of Albuquerque, pled guilty in Dec. 2017, to participating in the heroin trafficking conspiracy. Under the terms of his plea agreement, Duran will be sentenced to a maximum of 100 months in federal prison.
The investigation leading to the indictment was conducted by the Albuquerque office of the DEA, the HIDTA Region III Drug Task Force, New Mexico State Police, Taos Police Department, Taos County Sheriff’s Office and the Bureau of Alcohol Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Timothy S. Vasquez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Law Enforcement Hosts Faith-Based Security SummitRead the Press Release
The U.S. Attorney’s Office for the Middle District of Louisiana, Federal Bureau of Investigation, U.S. Department of Homeland Security, Anti-Defamation League, and Louisiana State University Police Department hosted a Faith-Based Security Summit yesterday for faith-based leaders and their security teams.
U.S. Attorney Brandon J. Fremin stated, “We stand ready to assist community leaders to help ensure the safety and security of our houses of worship. It is important that everyone feels secure whenever visiting a house of worship.”
Approximately 130 leaders from faith-based communities across Louisiana attended the symposium that was held at LSU’s Dalton J. Woods Auditorium in Baton Rouge, Louisiana.
The symposium provided attendees with active shooter threat awareness, information to deter such threats, information for development and implementation of security and emergency action plans, information sharing, and risk assessment. Presentations included topics such as human violence, pathway to violence, empowering bystanders to report suspicious behaviors, pre-offense indicators of active shooters, initial steps in creating active shooter preparedness plans and responses, and available resources.
Las Cruces Man Sentenced to More Than 15 Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Ricky Joe Garcia, 53, of Las Cruces, N.M., was sentenced today in federal court to 184 months in prison followed by a lifetime of supervised release for his methamphetamine trafficking conviction and a supervised release violation.
Garcia and co-defendants Kenneth Matthew Adame, 25, and Christopher Michael Sanchez, 25, both of Las Cruces, were arrested in April 2017, and were charged by criminal complaint with participating in a methamphetamine trafficking conspiracy on April 10, 2017, in Dona Ana County, N.M. According to the complaint, on that day, Adame, Garcia and Sanchez sold approximately 497.22 grams of methamphetamine to undercover law enforcement agents.
On Aug. 2, 2017, Garcia pled guilty to a two-count felony information charging him with conspiracy and possession of methamphetamine with intent to distribute. In entering the guilty plea, Garcia admitted that in April 2017, he entered into an agreement with his co-defendants to sell methamphetamine to another person. Garcia further admitted that on April 10, 2017, he sold approximately 497 grams of methamphetamine to an undercover law enforcement agent. During today’s sentencing hearing, Garcia also admitted to violating his conditions of release by committing another federal crime.
Adame pled guilty to methamphetamine trafficking charges on June 21, 2017, and was sentenced on Feb. 14, 2018, to 60 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction. Sanchez pled guilty to methamphetamine trafficking charges on July 19, 2017, and was sentenced on Nov. 27, 2017, to 60 months in federal prison followed by four years of supervised release.
This case was investigated by the Border Enforcement Security Taskforce of Homeland Security Investigations and the HIDTA Region VII Drug Task Force, a multi-agency task force that conducts long term investigations targeting regional, national and international drug trafficking organizations that operate in Luna, Hidalgo and Grant counties and follow-up on cases resulting from U.S. Border Patrol and New Mexico State Police interdiction efforts. The case is being prosecuted by Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office.
The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Kevin Folse Sentenced to Thirty Years for Conviction on Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – This afternoon, U.S. District Judge James O. Browning sentenced Kevin Folse, 32, of Albuquerque, N.M., to 360 months of imprisonment followed by five years of supervised release for his conviction on carjacking and firearms charges. The sentence was announced by U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief of Police Michael Geier of the Albuquerque Police Department (APD).
Folse, a career criminal whose conviction history includes prior felony convictions for receiving or transferring a stolen vehicle, marijuana trafficking, aggravated battery with a deadly weapon, and being a felon in possession of a firearm, was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of removing them from communities in New Mexico for as long as possible.
In announcing the sentence, U.S. Attorney Anderson said, “The violent criminal conduct that has been the hallmark of Kevin Folse’s career threatens the safety of all citizens. My Office will not hesitate to act to protect our families and neighborhoods from repeat violent offenders like Mr. Folse.”
“This is a textbook example of good solid police work and the value of law enforcement partnerships. I wish to commend the work of the ATF agents, the Albuquerque Police Department and the U.S. Attorney in bringing this career criminal to justice,” stated ATF Special Agent in Charge Durastanti.
“It is critically important that we hold career criminals accountable for their actions, especially those with no regard for the safety of law-abiding citizens,” said APD Chief Geier. ‘We are thankful to our law enforcement partners who helped to bring justice in this case and successfully prosecute a dangerous criminal.”
Folse initially was charged on July 6, 2015, by criminal complaint with being a felon in possession of a firearm and ammunition. Folse subsequently was indicted on July 14, 2015, and was charged with being a felon in possession of a firearm, carjacking, and brandishing a firearm during a crime of violence. Folse was prohibited from possessing firearms or ammunition because of his status as a convicted felon. A superseding indictment was filed on Sept. 10, 2015, charging Folse with a second carjacking on July 2, 2015, and with using a firearm to commit that crime. This second firearms charge was subsequently dismissed on the United States’ motion.
Trial of Folse on the superseding indictment began on Oct. 5, 2015, and concluded on Oct. 8, 2015, when the jury returned a guilty verdict against Folse on all the four charges against him. The evidence at trial established that Folse committed the first carjacking around 11:00 a.m. on July 2, 2015, in an effort to evade APD officers who were trying to locate him as part of a stolen vehicle investigation. Earlier that morning, while APD officers were conducting surveillance on a house in which they believed Folse to be staying, they caught the attention of a man who was in the house and asked him to open the front door.
When the man went to the door, he encountered Folse, who was in the house without the man’s knowledge. Folse, who was armed with a gun and a knife, forced the man into a room where he was holding several others hostage. During the hostage situation, Folse threatened to stab one hostage and struck another on the head with a glass object that shattered. When the man did not open the door and without definitive information as to whether Folse was in the house, the officers retreated from the area immediately around the house.
Around 11:00 a.m., Folse left the house, and forced the man and another hostage to accompany him as they left the area in the man’s car. APD officers responded to the scene as Folse aggressively drove away at a high rate of speed with the two hostages in the car. While driving, Folse threw a gun out of the window. Thereafter Folse lost control of the car and crashed as he tried to negotiate a curve at a high rate of speed in a residential neighborhood. The car rolled and landed on its roof. Folse fled from the car leaving the two hostages behind.
Five minutes after the crash, Folse approached a car that was warming up in the driveway of a house. There was no driver in the car, but a 13-year-old boy was in the passenger seat. Folse threatened the boy telling him that he had three seconds to get out of the car. The boy complied by jumping out of the car but was struck by the car door as Folse backed out of the driveway to make his escape. Folse drove off aggressively and at a high rate of speed, and APD officers who were in pursuit had to end their pursuit of Folse so as not to endanger other motorists. Folse was arrested in the late night hours of July 3, 2015, by officers of the Isleta Pueblo Tribal Police Department.
This case was investigated by the ATF office in Albuquerque and APD with assistance from the Isleta Pueblo Tribal Police Department and the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorneys Samuel A. Hurtado and Paul Mysliwiec prosecuted the case.
Justice Department Files Sexual Harassment Lawsuit Against Owners of Cincinnati Rental PropertiesRead the Press Release
The Justice Department today announced that it has filed a lawsuit against John and Susan Klosterman alleging that female tenants in the Klostermans’ residential rental properties in Cincinnati, Ohio, were subjected to sexual harassment, coercion, intimidation, and threats in violation of the federal Fair Housing Act. Each of the defendants owns or manages properties where the illegal conduct occurred.
Today’s lawsuit alleges that John Klosterman sexually harassed female residents at the rental properties from at least 2013 through the present. According to the complaint, he engaged in harassment that included, among other things, making unwelcome sexual advances and comments, engaging in unwanted sexual touching, offering to reduce rent and overlooking or excusing late or unpaid rent in exchange for sex, evicting or threatening to evict female tenants who objected to or refused sexual advances, and entering the homes of female tenants without their consent. The lawsuit further alleges that Susan Klosterman is liable under the Fair Housing Act because John Klosterman managed the rental properties on her behalf when he engaged in the harassment, coercion, intimidation, and threats.
“No woman should have to endure sexual harassment in order to remain in her home,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “Sexual harassment in housing is unacceptable and illegal, and landlords should be on notice that the Justice Department will continue to vigorously enforce the Fair Housing Act to combat this type of discrimination and to obtain relief for victims.”
“Fair housing is fundamental,” said U.S. Attorney Benjamin Glassman. “No one should have to experience a landlord’s pervasive sexual harassment. That’s not only wrong, but also illegal under federal law. This office is committed to vigorously enforcing the protections guaranteed by the Fair Housing Act.”
In October 2017, the Justice Department’s Civil Rights Division announced the Sexual Harassment in Housing Initiative. The Initiative specifically seeks to increase the Department’s efforts to protect individuals from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners.
The Justice Department has filed or settled eight sexual harassment cases since Jan. 20, 2017, and has recovered over $1.6 million for victims of sexual harassment in housing.
Today’s lawsuit seeks monetary damages to compensate the victims, civil penalties and a court order barring future discrimination. The complaint contains allegations of unlawful conduct. The allegations must be proven in federal court.
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or operated by John or Susan Klosterman, or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line:
- English language: Call 1-800-896-7743, then press 1 to continue in English and select mailbox 9992 to leave a message; or
- Spanish language: Call 1-800-896-7743, then press 2 to continue in Spanish and select mailbox 6 to leave a message.
Individuals can also report sexual harassment and other forms of housing discrimination by e-mailing the Justice Department at [email protected].
- English language: Call 1-800-896-7743, then press 1 to continue in English and select mailbox 9992 to leave a message; or
Jefferson County Felon Sentenced to 17 ½ Years for Firearms ViolationsRead the Press Release
BEAUMONT, Texas – A 35-year-old Beaumont, Texas man has been sentenced to federal prison for firearms violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Michael Anthony Victoria pleaded guilty on Nov. 9, 2017, to being a felon in possession of a firearm and was sentenced to 210 months in federal prison today by U.S. District Judge Marcia Crone.
According to information presented in court, on Dec. 10, 2016, Victoria was arrested and charged with being a felon in possession of a firearm and ammunition. As a convicted felon, Victoria is prohibited by federal law from owning or possessing firearms or ammunition. Victoria was indicted by a federal grand jury on July 6, 2017 and charged with federal firearms violations.
This case was prosecuted as part of the Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Jefferson City Man Sentenced to 25 Years for MethRead the Press Release
KANSAS CITY, Mo. – A Jefferson City, Mo., was sentenced in federal court today for possessing methamphetamine that was found in the trunk of his car after it stalled at an intersection in Grandview, Mo.
Michael A. Green, 57, of Jefferson City, was sentenced by U.S. Chief District Judge Greg Kays to 25 years and 10 months in federal prison without parole. Green was sentenced as a career offender due to his prior criminal convictions.
On Aug. 23, 2017 (the day his trial was scheduled to begin), Green pleaded guilty to possessing methamphetamine with the intent to distribute.
Green admitted that he was behind the wheel of a vehicle parked at an intersection of a city street in Grandview. The vehicle was not running and had its hood up. Grandview police officers decided to tow the vehicle and therefore conducted an inventory search before the towing. During the search of the vehicle’s trunk, officers discovered a shoebox that contained more than 400 grams of methamphetamine.
This case was prosecuted by Assistant U.S. Attorney D. Michael Green. It was investigated by the Grandview, Mo., Police Department and the Jackson County Drug Task Force.
Indianapolis man found guilty of committing several eastside pharmacy robberiesRead the Press Release
Used a firearm while committing robberies
PRESS RELEASE
Indianapolis-United States Attorney Josh Minkler announced today that an Indianapolis man has been found guilty in federal court on three counts of robbery and four firearm’s related charges. Dexter Fisher, age 33, was found guilty before U.S. District Judge Jane Magnus-Stinson after a two-day jury trial.
This case is the result of a joint investigation by the Indianapolis Metropolitan Police Department’s serial robbery unit and the FBI’s Violent Crimes Task Force into a series of pharmacy robberies that occurred along and near Shadeland Avenue on the east and northeast side of Indianapolis between in August and September of 2014. Each robbery had a similar modus operandi wherein the robbery suspect would linger in the store until the pharmacy counter was unoccupied, the robber would then jump the pharmacy counter, brandish a loaded firearm at pharmacy staff, and demand opioids from the business.
On October 29, 2014, IMPD responded to a call from employees of the CVS at 5925 East 71st street reporting a suspicious person in the store who the employees believed had been involved in a prior pharmacy robbery. When IMPD officers responded and made contact with the suspicious individual, later identified as Dex (a/k/a Dexter) Fisher, Fisher became agitated, pushed a shopping cart into the responding officer and fled the store through an emergency exit. As Fisher fled the store he reached into his waistband and pulled out a semi-automatic handgun.
Fisher was arrested in a nearby neighborhood along 71st street after a brief chase and search. A loaded, Smith & Wesson, 9 millimeter handgun and a number of clothing items were recovered along the path of Fisher’s flight. The clothing, handgun, and Fisher’s fingerprints were subsequently linked to a number of pharmacy robberies, including: the Walgreens at 7506 North Shadeland Avenue on August 4, 2014; the CVS at 6975 Pendleton Pike on August 18, 2014; and the CVS at 1530 North Shadeland Avenue on September 9, 2014. Testimony during the trial revealed that, at the time of the robbery spree, Fisher was living at a residence near 52nd and Shadeland Avenue. Additionally, it was later determined that Fisher was out on bond and facing drug dealing charges in Marion County at the time of the robbery spree. Fisher pled guilty to those drug charges following his arrest on October 29, 2014.
“My hope is that individuals who terrorize our neighborhoods using firearms and other means of violence get the message that federal law enforcement is watching closely,” said Minkler. “Those who continue this behavior will feel the full hammer of federal prosecution and become better acquainted with the Bureau of Prisons.”
“This individual endangered innocent people in his violent quest to steal the most commonly abused prescription substances in our communities," said Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division. “We will continue to work with our partners to pursue those who commit these violent crimes and take them off the streets.”
“Because of investigative and collaborative enforcement efforts, significant strides have been made to reduce the number of pharmacy robberies within Marion County,” said Chief Bryan Roach. “Coordination with our federal partners continues to yield significant gains and sends a strong message of enforcement and eventual prosecution.”
This case was prosecuted by Assistant United States Attorneys’ Bradley Shepard and Matthew Rinka. According to the attorneys, Fisher faces a mandatory minimum fifty-seven year prison sentence and a maximum sentence of life imprisonment. No sentencing date has been set.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to use partnerships with law enforcement agencies to prosecute individuals who commit crimes involving firearms and robbery. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.3.
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Houma Man Sentenced to over 19 Years in Prison for Meth ChargesRead the Press Release
U.S. Attorney Duane A. Evans announced that DARNOLD TROY DEVILLE, age 50, of Houma, was sentenced yesterday for charges relating to narcotics trafficking.
DEVILLE pled guilty on November 8, 2016, to conspiring to distribute and to possess with the intent to distribute 500 grams or more of methamphetamine. According to court documents, in January 2015, DEA agents began investigating a drug-trafficking organization based in Terrebonne Parish, Louisiana, which obtained methamphetamine through sources of supply in Texas and in California, including through the mail. Upon DEVILLE’s arrest on December 10, 2015, DEVILLE was in possession of 84 grams of methamphetamine and a digital scale.
Judge Jay C. Zainey sentenced DEVILLE to 235 months in the Bureau of Prisons, as well as ten years of supervised release following the term of imprisonment.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration and the Terrebonne Parish Sheriff’s Office. Assistant U.S. Attorneys James S. C. Baehr, Nicholas D. Moses, and André Jones are in charge of the prosecution.
Honduras Man Convicted Entering the U.S. After RemovalRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Mario Ernesto Garcia-Zavala, 22, a citizen of Honduras, was convicted today following non-jury trial in U.S. District Court of having entered the United States after being removed or deported.
The evidence at trial showed that Garcia-Zavala, who had unlawfully entered the United States, was ordered removed to Honduras on March 29, 2014 and was in fact removed on a government airplane four days later. Garcia-Zavala did not apply for permission to reenter the United States. He was arrested in Portland on September 9, 2017 after a Maine State Trooper stopped the van in which he was a passenger for traffic violations.
Garcia-Zavala faces up to two years in prison, a $250,000 fine, and two years of supervised release. He will be sentenced after the United States Probation Office prepares a presentence report. It is expected that Garcia-Zavala will be returned to Honduras after his sentence is completed.
The investigation was conducted by the Department of Homeland Security, Office of Removal Operations and the Maine State Police.
Holyoke Man Sentenced for Illegal Firearms PossessionRead the Press Release
BOSTON – A Holyoke man was sentenced yesterday in federal court in Springfield for illegally possessing firearms.
Francisco Figueroa, 33, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 35 months in prison and three years of supervised release. In June 2016, Figueroa pleaded guilty to one count of being a felon in possession of firearms and ammunition. In November 2015, Figueroa and his co-defendant, Eric Lopez, were arrested and charged.
Figueroa and Lopez were arrested as part of an investigation into firearms and narcotics trafficking by members of the Springfield and Holyoke chapters of the Latin Kings. In total, 11 members and leaders were arrested as part of the investigation.
Figueroa is prohibited from possessing firearms and ammunition due to a prior criminal conviction. On Nov. 12, 2014, Figueroa possessed a Zastava, model SKS (M59/66A1), 7.62mm rifle and a CZ, model CZ527M Carbine, 7.62mm rifle.
In June 2016, Lopez pleaded guilty to illegally possessing firearms and ammunition. He was sentenced on March 15, 2018, to 114 months in prison.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Springfield Police Commissioner John Barbieri made the announcement. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office prosecuted the case.
Gayle Sicard Shapiro Green Sentenced to Serve Sixteen Months in Prison for Mail Fraud and Money LaunderingRead the Press Release
GREENEVILLE, Tenn. – On March 21, 2017, Gayle Sicard Shapiro Green, 65, of Greeneville Tennessee, was sentenced by the Honorable J. Ronnie Greer, U.S. District Court Judge, to serve 16 months in federal prison for mail fraud and money laundering. Green was the former Greeneville City Schools Director of Finance and volunteer treasurer for both the Tennessee Basketry Association and the Greater Kingsport Kennel Club.
Upon her release from prison, U.S. Probation will supervise Green for three years. Additionally, she was ordered to pay $116,309 in restitution to the victims of her crime.
Green pleaded guilty in September 2017 and admitted that while serving as volunteer treasurer for the Greater Kingsport Kennel Club and the Tennessee Basketry Association she stole and converted to her own use $116,309.00. The money was stolen over a 10-year period using various methods including fraudulently withdrawing and transferring funds and skimming cash from sponsored events. She concealed her thefts by providing false financial statements, forged audits, and forged financial reviews. The stolen money should have gone to community service projects including scholarships at the University of Tennessee College of Veterinary Medicine and angel baskets, which are provided by the Tennessee Basketry Association, through the hospital, to families of deceased infants to transport the infant’s body from the hospital to a funeral home.
This case was investigated by the FBI. Assistant U.S. Attorney Helen Smith represented the United States.
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Fraudulent car dealer sentenced for aggravated identity theft and wire fraud conspiracyRead the Press Release
ATLANTA - Farran S. Campbell has been sentenced to four years and three months in federal prison for aggravated identity theft and conspiracy to commit wire fraud. As part of his fraud and deception, Campbell stole identities, took out fraudulent loans, claimed automobiles were for sale that he never possessed, and even claimed he was a physician.
“Campbell knew no limits on how far he would go to commit fraud, even committing it while charged with other crimes,” said U.S. Attorney Byung J. “BJay” Pak. “This defendant was especially conniving as he set up bogus businesses in the names of his victims, and then used those businesses to commit his loan fraud. With each new criminal who thinks they have developed a way to defraud, law enforcement is developing new techniques to catch them.”
“The sentence highlights the seriousness of the defendant’s conduct,” said Thomas J. Holloman, III, Special Agent in Charge, IRS Criminal Investigation. “If you steal someone’s identity and knowingly use it to commit financial fraud, you will be sentenced to a minimum of 2 years in prison. Identity theft is a pervasive problem in our country and IRS-CI will continue to make these cases an investigative priority when they involve the filing of false refund claims and other related financial frauds.”
According to U.S. Attorney Pak, the charges and other information presented in court: Farran Campbell carried out a loan fraud scheme involving fake car dealerships and aggravated identity theft. Campbell incorporated car dealerships under state law, using stolen identities. He then used the newly organized car dealerships to apply for lines of credit from commercial lenders who specialize in “floor plan” loans to car dealers, specifically loans purportedly collateralized by the car dealer’s inventory.
Eventually, Campbell would default on the lines of credit. The lenders were unable to repossess the vehicles purportedly collateralizing the loan, which were often cars whose vehicle identification numbers Campbell had simply harvested from the Internet, without actually owning or possessing those vehicles. Campbell went so far as to have a criminal associate prepare a fake tax return in the name of one of his identity theft victims. The tax return, which was never filed with the IRS, showed substantial income and assets, and appears to have been created for the sole purpose of being provided to a lender as part of a fraudulent application for credit.
In 2014, Campbell set up a car dealership called Campbell’s Cars, LLC, using the stolen identity of O.C., a Georgia resident who had good credit, but no connection to Campbell or the business. Campbell then used the new car dealership entity and O.C.’s good credit to obtain a loan from a commercial lender. The lender was unable to recover its losses by repossessing the cars that were supposedly collateralizing the loan, and eventually sued O.C. to collect the debt.
On March 31, 2017, while Campbell was on bond in another federal case, agents executed search warrants at Campbell’s home and business. These searches caught Campbell “red-handed,” in the process of carrying out the same fraud scheme with a new lender and two new identity theft victims. At Campbell’s workplace, agents discovered a fake ID in the name of one of Campbell’s previous identity theft victims.
At Campbell’s home, agents discovered a complete loan package ready to be mailed to the lender from a new fake car dealership named Launch Auto Sales, more fake IDs in the names of two new identity theft victims, and pieces of paper on which Campbell had been practicing the signatures of the victims repetitively. Shortly thereafter, Campbell’s bond was revoked and he has been in custody since April 2017.
During the case, Campbell repeatedly claimed to be a physician, even though he is not. As part of this deception, Campbell had the same criminal associate prepare a fake income tax return for him claiming income from a local hospital and showing employment as a physician. This tax return was never filed with the IRS, and appears to have been intended to help Campbell get approved for a rental home. Campbell also swore out a false affidavit, which he provided to a DeKalb County Assistant District Attorney, in which he falsely claimed to be a licensed neurologist. The affidavit was submitted to the DeKalb County prosecutor as part of an unsuccessful attempt to convince that official to dismiss a car theft case pending against a friend of Campbell’s.
On May 8, 2017, Campbell entered a negotiated plea of guilty to a criminal information charging aggravated identity theft and conspiracy to commit wire fraud. Campbell admitted that, from at least June 2014 through September 2014, he had conspired with others to commit wire fraud victimizing the commercial lender, and that he had also committed aggravated identity theft by using the identity of O.C. to apply for credit from the lender.
Farran S. Campbell, 32, of Brookhaven, Georgia, was sentenced on Tuesday March 20, 2018, by U.S. District Judge Eleanor L. Ross, to four years, three months in prison to be followed by three years of supervised release, and ordered him to pay restitution in the amount of $31,724.70.
This case was investigated by the Internal Revenue Service, Criminal Investigation, and the U.S. Secret Service.
Assistant U.S. Attorney Alana R. Black prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Four Defendants Sentenced in Connection with Federal Gun CrimesRead the Press Release
CHARLESTON, W.Va. -- Four defendants were sentenced to federal prison today on firearm possession and theft charges, announced United States Attorney Mike Stuart. Justin Keith Branham, of Alum Creek, pled guilty to being a felon in possession of a firearm; Joshua Wade Sheets, of Danville, pled guilty to possessing and transferring stolen firearms; and Alisha Marie Esque, of Julian, and Jason Allen Davis, of Van, pled guilty to stealing firearms from a federally licensed firearms dealer. For their crimes, Branham was sentenced to 72 months in federal prison, while Sheets, Esque, and Davis were sentenced to 15, 18, and 12 months, respectively. United States Attorney Mike Stuart praised the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Boone County Sheriff’s Department, the West Virginia State Police, the Department of Homeland Security and the General Services Administration, Office of Inspector General.
On the night of November 4, 2016, Branham stole a vehicle from a Mine Safety and Health Administration facility located in Madison, West Virginia. He and Esque then drove to a local federally-licensed gun dealership, where Esque served as a lookout while Branham stole approximately 13 pistols, assault rifles, and shotguns. Sheets helped Branham sell the majority of the stolen weapons in Kanawha County, West Virginia. Following that sale, Branham advised Sheets and Davis how they could break into the dealer’s place of business and steal more firearms. Branham then assisted Sheets in stealing a second vehicle from the MSHA facility. On the night of November 5 or 6, 2016, Davis stood watch while Sheets – following Braham’s guidance – entered the dealer’s building and stole 14 guns. Davis fled the scene before the burglary was complete, but Branham arrived and assisted Sheets in transporting the guns to a Cross Lanes motel. Sheets, Branham, and Esque were tracked down and arrested at that motel on November 7, 2016, and Davis was arrested in Danville the following day. Branham is prohibited from possessing any firearms under federal law because of a 2013 felony conviction in Kanawha County, West Virginia, for burglary by breaking and entering.
“These gun thieves, who in turn sold the stolen guns, jeopardized the safety of our law abiding citizens and law enforcement. And we’re not going to tolerate that,” said United States Attorney Mike Stuart. “We will prosecute criminals who violate our gun laws to the fullest extent of the law in order to protect the public and our Second Amendment rights,” continued Stuart.
“We will aggressively investigate, identify and bring to justice those who endanger the public through illegal firearms trafficking,” said Stuart Lowrey, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Louisville Division. “These defendants disrupted lawful commerce in firearms and then diverted stolen guns into the illicit market without regard for future violent crimes that might be committed. This case reflects the commitment among law enforcement agencies and the U.S. Attorney’s Office to reduce violent crime in West Virginia.”
Assistant United States Attorney Matt Davis was in charge of the prosecution. United States District Judge John T. Copenhaver, Jr., handed down the sentences.
This case was prosecuted as part of Project Safe Neighborhoods, a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Fort Myers Couple Sentenced to Prison for Conspiring to Distribute over 17 Kilograms of CocaineRead the Press Release
Fort Myers, Florida – U.S. District Judge Sherri Polster Chappell has sentenced Jose Nunez (66) and Sila Nunez (62), both of Fort Myers, to 11 years and 7 years in federal prison, respectively, for conspiracy to distribute more than 17 kilograms of cocaine. The couple pleaded guilty in November 2017.
According to court documents, an undercover DEA agent purchased an ounce of cocaine from Jose Nunez on two occasions in late 2016 and early 2017. After the second transaction, his wife, Sila Nunez, told the agent that they could do bigger deals in the future, up to a “kilo” in weight. Further investigation revealed that Jose and Sila Nunez were large-scale drug traffickers with direct ties to a Mexican drug cartel. Between October 2016 and July 2017, the couple received four multi-kilogram shipments of cocaine from the cartel, via drug couriers, and returned hundreds of thousands of dollars in cash to the cartel. On July 26, 2017, agents searched the couple’s Fort Myers home and seized a stash of cocaine and more than $10,000 in drug proceeds.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Michael V. Leeman.