Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Monday 29 January 2018
Nevada Pastor Pleads Guilty to Stealing Social Security BenefitsRead the Press Release
SPRINGFIELD, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced that a Nevada, Mo., pastor pleaded guilty in federal court today to fraudulently receiving more than $90,000 in Social Security disability benefits.
Dennis Engelbrecht, 58, of Nevada, pleaded guilty before U.S. Magistrate Judge David P. Rush to the theft of government money.
Engelbrecht admitted that he was employed as a pastor at Pentecostal Assembly of God Church in Nevada, Mo., while receiving disability benefits over an approximately four-year period. Engelbrecht did not report his work activity to the Social Security Administration, as required.
Although Engelbrecht was paid $650 per week by the church, he received a total of $87,705 in disability payments from February 2011 to May 2015. Additionally, his son received a total of $3,220 in auxiliary benefits to which he was not entitled. (Because Engelbrecht was not entitled to benefits, his son was not entitled to auxiliary benefits.)
Under the terms of today’s plea agreement, Engelbrecht must pay restitution to the government of $90,925.
Engelbrecht has worked as a pastor since 2000. His first application for disability benefits in 2009 was denied, but a second application was approved in 2011. Engelbrecht did not report any current employment on either application.
Under federal statutes, Engelbrecht is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendants will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Paul S. Becker. It was investigated by the Social Security Administration, Office of Inspector General.
Mt. Pleasant, Iowa Man Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced January 18, 2018, to over 8 years in federal prison.
Richard Helfrich, 34, from Mt. Pleasant, Iowa, received the prison term after a January 19, 2017, guilty plea to conspiracy to distribute methamphetamine.
At the guilty plea, Helfrich admitted his involvement in a conspiracy that distributed at least 5 grams of actual (pure) methamphetamine between January 2016 and July 2016. In May, 2016, law enforcement executed a search warrant at defendant’s residence in Coulter, Iowa, locating methamphetamine and marijuana. Helfrich admitted to selling methamphetamine and owning a lockbox that previously contained methamphetamine.
Helfrich was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Helfrich was sentenced to 100 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Helfrich is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Franklin County Sheriff’s Office, and Butler County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-3046.
Follow us on Twitter @USAO_NDIA.
Morgan County man admits to firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Matthew Dean Smith, of Great Cacapon, West Virginia, has admitted to a firearms charge, United States Attorney Bill Powell announced.
Smith, age 39, pled guilty to one count of “Possession of an Unregistered Firearm.” Smith admitted to possessing an unregistered silencer. The crime took place in Berkeley County in October 2017.
Smith faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara K. Omps-Botteicher is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia State Police investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Mexican Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Mauro Vasquez-Bautista, age 21, and a citizen of Mexico, was sentenced on Friday to time served (17 days in jail) for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Vasquez-Bautista, a citizen of Mexico, admitted that he was removed from the United States to Mexico on December 4, 2014. On January 9, 2018, an ICE Officer arrested Vasquez-Bautista in the city of Albany.
Vasquez-Bautista was remanded to the custody of the Department of Homeland Security for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Men Sentenced for Recruiting Homeless to Cash Counterfeit ChecksRead the Press Release
NEWPORT NEWS, Va. – Three Georgia men have been sentenced to more than 15 years in prison for recruiting individuals from local homeless shelters to cash counterfeit business checks.
Roderick Saunders, 30, of Atlanta, was sentenced today to 42 months, and Ka-Aron Powell, 26, of Stone Mountain, was sentenced to 65 months. Yumahnn Quashawn Brown, 30, of Atlanta, was sentenced to 75 months in prison on May 24, 2017.
According to their plea documents, Brown, Powell, and Saunders traveled from Georgia to Virginia and other states several times between August 2015 and August 2016, to steal mail, including business checks, from industrial parks and to cash counterfeit checks that had been made using the stolen checks as templates. During these trips, Brown and Powell traveled to homeless shelters, where Brown solicited individuals to perform construction and other day jobs. Brown and Powell then provided the recruits with clothing, food, cigarettes, and alcohol while transporting them to the other areas, often more than an hour away from their respective shelters. During these trips, Brown sent information about the recruited individuals to Saunders and other conspirators, who were transporting counterfeit checks and check-making tools in separate cars. These conspirators made the counterfeit checks payable to the homeless recruits in various amounts and provided them to Brown upon arrival in the targeted areas. Brown then told the homeless recruits that they would be cashing checks at nearby banks instead of performing the jobs he had described. In Virginia alone, the conspirators caused 30 homeless people to cash 70 counterfeit checks drawn on accounts belonging to 30 local businesses. The total value of these counterfeit checks was nearly $160,000.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Robert B. Wemyss, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement after sentencings by U.S. District Judge Mark S. Davis. Assistant U.S. Attorney Kaitlin C. Gratton prosecuted the case.
This case was investigated through the U.S. Postal Inspection Services' White Collar Crimes Financial Task Force.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:16-cr-75.
Member of Multi-State Drug Trafficking Organization Sentenced to Life in Federal PrisonRead the Press Release
Columbia, South Carolina --- United States Attorney Beth Drake announced today that Antonio Crawley, age 40, was sentenced to life imprisonment without the possibility of parole in federal court in Anderson. The Court also imposed a money judgment against Crawley in the amount of approximately $231,000.
The evidence at trial showed that Crawley participated in a drug conspiracy that spanned 13 years, beginning in 2003. Members of the conspiracy operated in South Carolina, Georgia, Alabama, Texas, and Louisiana. Testimony from numerous witnesses established that during the course of the conspiracy, members of the conspiracy distributed in excess of 100 kilograms of cocaine, over 1,000 pounds of marijuana, and in excess of 5 kilograms of crack cocaine.
Crawley operated primarily in Anderson, South Carolina, as a local distributor. The evidence showed that Crawley utilized multiple sources of supply for cocaine from Atlanta, Georgia and the Upstate of South Carolina. Crawley participated in the conspiracy for approximately nine years.
Law enforcement officers utilized remote surveillance, wiretaps, confidential sources and other investigative techniques to ultimately charge in excess of 20 defendants in the case. Crawley and co-defendant Eric Scott were the only defendants who went to trial.
During the course of the investigation, law enforcement seized in excess of $1.5 million in U.S. Currency, over 5 kilograms of cocaine, quantities of marijuana and crack cocaine, and numerous firearms.
The Drug Enforcement Administration, the Internal Revenue Service-Criminal Investigation Division, the Anderson County Sheriff’s Office, the Anderson Police Department, the Greenville County Sheriff’s Office, the Greenville Department of Public Safety, the Cherokee County Sheriff’s Office, the South Carolina Highway Patrol, the Richland County Sheriff’s Office, the South Carolina Law Enforcement Division, the Franklin County (GA) Sheriff’s Office, and the Douglas County (GA) Sheriff’s Office investigated the case.
Assistant U.S. Attorney Andy Moorman, Head of the Narcotics Unit, was the lead prosecutor.
#####
Maryland U.S. Attorney’s Office Collects over $122 Million in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2017Read the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885Baltimore, Maryland – Acting United States Attorney Stephen M. Schenning announced that the District of Maryland collected $122,236,532.64 in criminal and civil actions in Fiscal Year 2017. Of this amount, $12,749,554.70 was collected in civil actions and $109,486,977.94 was collected in criminal actions.
Additionally, the District of Maryland worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $36,033,331.72 in cases pursued jointly with these offices. Of this amount, $35,737,378.12 was collected in civil actions and $295,953.60 was collected in criminal actions.
Overall, the Justice Department collected just over $15 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2017.
The statistics show that the $12,749,554.70 collected in civil actions in Maryland, include affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected penalties imposed on individuals and/or corporations. These recoveries reflect civil enforcement actions for violations of federal health, safety, civil rights or environmental laws, and debts collected on behalf of several federal agencies, including the Department of Defense, the Department of Treasury, U.S. Department of Health and Human Services, and the Drug Enforcement Administration.
These cases include the successful resolution of False Claims Act investigations against AC4S, Inc., to settle allegations that it submitted inflated invoices to the government for work performed at Joint Base Andrews; Comprehensive Health Services, Inc., to settle allegations that it knowingly double-charged for vision screenings and electrocardiograms when those costs were included in the bundled contract price for medical exams performed for IRS Special Agents; and Dr. Hitesh Patel and Dr. Darab Hormozi to settle allegations that they billed false claims to Medicare. Additionally, the District of Maryland collected civil penalties under the Controlled Substances Act on behalf of the Drug Enforcement Administration from its investigation of Cardinal Health for failing to report suspicious orders of controlled substances to the DEA.
The U.S. Attorneys’ Offices, along with Department of Justice litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department of Justice Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s office in the District of Maryland, working with partner agencies and divisions, collected $9,876,957 in asset forfeiture actions in FY 2017. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
Manchester Man Who Threatened Federal Probation Officer Sentenced to 41 Months in PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that PETER J. SANTOS, 41, of Manchester, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 41 months of imprisonment, followed by two years of supervised release, for threatening a federal official. On June 2, 2017, a jury found SANTOS guilty of the offense.
According to the evidence presented during the trial, in January 2014, SANTOS was sentenced in the Southern District of New York to 25 months of imprisonment, followed by three years of supervised release, for conspiring to transport stolen goods, conspiring to receive stolen goods and conspiring to commit wire fraud. On December 31, 2015, after completing his period of incarceration, he began serving his three-year period of supervised release, which was transferred to the U.S. Probation Office in the District the Connecticut.
While on supervised release, SANTOS tested positive for controlled substances on multiple occasions. On August 31, 2016, SANTOS appeared before U.S. District Judge Janet Bond Arterton in New Haven for a supervised release violation hearing. Judge Arterton revoked SANTOS’ supervised release and imposed a penalty of six months of imprisonment to be followed by 24 months of additional supervised release. As the U.S. Marshals were walking SANTOS out of the courtroom, SANTOS looked at his supervising U.S. Probation Officer and stated “When I get out, I’m coming for you.” The Probation Officer responded, “Excuse me?” SANTOS responded, “You heard me.”
After they left the courtroom, a Deputy U.S. Marshal said to SANTOS, “That’s not smart.” SANTOS responded by stating that he did not care and he was tired of it, adding that, “Everyone has to meet their maker whether it is by me or some other way.”
The investigation revealed that SANTOS made additional threats while he was incarcerated on the supervised release violation.
SANTOS has been detained since his arrest on January 30, 2017.
This matter was investigated by the U.S. Marshals Service and was prosecuted by U.S. Attorney John H. Durham.
Man Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A man in possession of stolen handguns, who also conspired to distribute methamphetamine was sentenced January 24, 2018, to 12 years in federal prison.
Stephen Scott Smith, 30, from Austin, Texas, received the prison term after a September 7, 2017, guilty plea to conspiracy to distribute methamphetamine.
Smith was involved in a conspiracy that distributed more than 500 grams of methamphetamine from May 2016 through November 23, 2016. On November 23, 2016, after receiving information from a confidential source, Smith was arrested and discovered to possess two stolen Glock handguns. In addition, during a vehicle search, agents discovered Smith possessed a third handgun and approximately 1/4 pound of crystal methamphetamine. Smith was bringing methamphetamine in large quantities from Texas for resale in Sioux City.
Smith was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Smith was sentenced to 144 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Smith is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the Tri State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office..
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4018. Follow us on Twitter @USAO_NDIA.
Man Convicted of Armed Robberies, CarjackingRead the Press Release
ALEXANDRIA, Va. – A federal jury convicted a Washington, D.C. man today for his participation in three armed robberies and an armed carjacking.
According to court records and evidence presented at trial, Lamont Kortez Gaines, 28, participated in the armed robbery of an Advance America Cash Advance store in Alexandria and two 7-Eleven convenience stores in Arlington. In addition, Gaines participated in an armed carjacking in Alexandria. Three of Gaines’ co-conspirators—Andrew Bernard Duncan, 27, Desmar Rashad Gayles, 25, and Anton Durrell Harris, 27, all of Washington, D.C.—previously pleaded guilty to charges of brandishing a firearm during and in relation to crimes of violence.
Gaines was convicted of conspiring to obstruct commerce by robbery, obstructing commerce by robbery, carjacking, brandishing a firearm during and in relation to crimes of violence, and unlawful possession of a firearm by a convicted felon. He faces up to life in prison and a mandatory minimum of 82 years in prison when sentenced on April 27. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, Michael L. Brown, Alexandria Chief of Police, Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, M. Jay Farr, Arlington County Chief of Police, Henry P. Stawinski III, Chief of Prince George’s County Police, and Peter Newsham, Chief of Police, made the announcement after U.S. District Judge T.S. Ellis, III accepted the verdict. Assistant U.S. Attorneys Alexander E. Blanchard and Rebeca H. Bellows are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-106.
MS-13 Member Sentenced to 13 Years in Prison for RICO Conspiracy Involving Attempted MurderRead the Press Release
BOSTON – An MS-13 member was sentenced today in federal court in Boston for RICO conspiracy involving attempted murder.
Daniel Menjivar, a/k/a “Roca,” a/k/a “Sitiko,” 22, a Salvadoran national who resided in Chelsea, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 13 years in prison and three years of supervised release. Menjivar will also be subject to deportation upon completion of his sentence. In September 2017, Menjivar pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
After a multi-year investigation, Menjivar was one of 61 defendants named in an indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. Menjivar was identified as a member of MS-13’s Enfermos Criminales Salvatrucha (ECS) clique, which operated in Chelsea. As described in court documents, MS-13 is organized into cliques, which are smaller groups acting under the larger mantle of MS-13 and operating in a specific region, city, or part of a city.
On May 29, 2014, Menjivar and another member of the ECS clique repeatedly stabbed and shot an alleged rival gang member in Chelsea. A cooperating witness recorded Menjivar admitting to the attempted murder on video, proudly telling his fellow gang members how he stabbed the victim 21 times. The victim survived the attack following life-saving efforts by first responders as well as emergency surgery.
In April 2015, federal agents used a cooperating witness to make other recordings in which Menjivar and two other MS-13 members plotted to murder another MS-13 member who they incorrectly believed was cooperating with law enforcement. Menjivar also participated in at least one robbery in furtherance of MS-13 activities.
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.
Lexington Man Sentenced to 60 Months for Arson of Qdoba RestaurantRead the Press Release
LEXINGTON, Ky. - Bennie Davis, 21, of Lexington, was sentenced today to 60 months in federal prison, by United States Senior District Court Judge Joseph M. Hood, for arson of a commercial building. Davis was also ordered to pay restitution, in the amount of $250,000.
Davis previously admitted that, on April 25, 2017, he forcibly entered the Lexington Qdoba Mexican Eats Restaurant on Nicholasville Road, after the store had closed. Davis admitted that he had been an employee of the store, but had been fired just before the arson. Davis started the primary fire in the back room and stole a cash drawer from the safe. Davis pleaded guilty to the charges in October of 2017.
Under federal law, Davis must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for three years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Stuart Lowrey, Special Agent in Charge of the ATF, jointly announced the sentence.
The ATF and the Lexington Fire Department conducted the investigation. Assistant United States Attorney Roger W. West represented the United States.
Kenai Man Sentenced for Possession of Child PornographyRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that a Kenai man was sentenced in federal court in Anchorage for possessing images of child pornography.
Phillip Miller, 27, of Kenai, was sentenced today by Chief U.S. District Judge Timothy M. Burgess, to serve six years in prison, followed by a lifetime term of supervised release. Miller previously pleaded guilty on Sept. 25, 2017, to possession of child pornography – access with intent to view.
According to court documents, on May 18, 2016, Miller became the subject of a federal investigation after law enforcement officials received images depicting child sexual exploitation, which were shared by Miller using the Bittorrent peer-to-peer file-sharing network. A search warrant was executed on Miller’s Kenai residence, where law enforcement had seized Miller’s computer. Located on Miller’s computer were approximately 36 images depicting the sexual exploitation of children under 12 involving bestiality, sadism, and bondage. The investigation also revealed that Miller had used search terms to find images of child sexual exploitation to access and view, and that those search terms included the phrase “Toddlercon Incest” among others.
Miller was previously adjudicated in 2005 for the sexual abuse of several children. At sentencing in this matter, Judge Burgess noted the seriousness of the images in this case and of his prior conduct.
The Federal Bureau of Investigation (“FBI”) conducted the investigation leading to the successful prosecution of this case in cooperation with state and local agencies comprising the Alaska Internet Crimes Against Children Taskforce (ICAC). Assistant U.S. Attorney Adam Alexander prosecuted the case.
This prosecution is part of the Department of Justice ongoing Project Safe Child (PSC) initiative. In May 2006, DOJ launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood combines federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, identify and rescue victims and to educate the public about safe Internet use, thereby reducing the risk that children might fall prey to online sexual predators. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov or call the United States Attorney’s Office for the District of Alaska.
Jury Finds Fresno Couple Guilty of National Guard Recruiting FraudRead the Press Release
FRESNO, Calif. — After a four-day trial, a federal jury found Jimmy D. Maldonado, 37, and Mayra L. Maldonado, 31, both of Fresno, guilty of three counts of wire fraud in a scheme to fraudulently obtain payments from a military recruitment program for the California Army National Guard, U.S. Attorney McGregor W. Scott announced.
According to evidence presented at trial, Jimmy Maldonado, a former full-time recruiter for the National Guard in the Fresno area, and his wife Mayra Maldonado, a former member of the Guard, defrauded a military recruiting program out of tens of thousands of dollars. The program, the Guard Recruiting Assistance Program (G-RAP), offered a financial incentive to members of the Guard who, on their own civilian time, recruited new soldiers. Guard members, also called Recruiting Assistants, who successfully recruited new soldiers into the Guard were typically eligible to receive $1,000 when a new solider enlisted and another $1,000 when the solider left for basic training.
Mayra Maldonado participated in the G-RAP program as a Recruiting Assistant. Based on documents and testimony presented at trial, Jimmy Maldonado was a full-time recruiter who was ineligible to participate in G-RAP as a Recruiting Assistant and was therefore forbidden to receive G-RAP incentive payments. However, he provided information about new soldiers to his wife Mayra Maldonado. Mayra Maldonado then used that information to claim G-RAP payments for those soldiers, even though she had never met the soldiers and played no role in their decision to join the Guard. In exchange for Jimmy Maldonado giving her information about new soldiers, Mayra Maldonado, on numerous occasions, shared G-RAP money she received with Jimmy Maldonado.
Jimmy and Mayra Maldonado are scheduled to be sentenced by Chief U.S. District Judge Lawrence J. O’Neill on April, 23, 2018. The Maldonados each face a maximum statutory penalty of 20 years in prison and a $250,000 fine for each count of wire fraud. The actual sentence will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of factors.
This case is the result of an investigation by the Army Criminal Investigative Command Major Procurement Fraud Unit, the Defense Criminal Investigative Service, and the Federal Bureau of Investigation. Assistant U.S. Attorney Michael Tierney and Special Assistant U.S. Attorney Jacklin Chou Lem prosecuted the case.
Other National Guard members and recruiters have been charged in similar schemes in the Eastern District of California. The following defendants have been convicted:
- 2:14-cr-153 TLN — Brian Kaps, 44, of Chico, pleaded guilty on November 21, 2014, to one count of wire fraud. He is scheduled to be sentenced on February 22, 2018.
- 2:14-cr-152 TLN — Sarah Nattress, 30, of Paradise, pleaded guilty on October 23, 2014, to one count of wire fraud. She is scheduled to be sentenced on February 22, 2018.
- 1:14-cr-107 DAD — Leonardo Pesta, 49, of Mountain View, pleaded guilty on July 27, 2015, to one count of wire fraud and was sentenced to two years of probation.
- 1:14-cr-108-LJO — Nicholas Huerta, 36, of Fresno, pleaded guilty on September 14, 2015, to one count of wire fraud and was sentenced to four years of probation.
- 2:14-cr-151 JAM — Richard C. Sihner, 55, of Elk Grove, was convicted on January 22, 2016 of 18 counts of wire fraud and one count of making false statements following a seven-day jury trial and was sentenced to 30 months in prison.
- 1:14-cr-106 DAD — Joaquin Cuenca, 40, of San Diego, was convicted on February 1, 2016, of three counts of wire fraud and one count of making false statements following a seven-day jury trial. He was sentenced to six months in prison.
Illegal Alien Located in Columbia Pleads Guilty to Illegal Re-entryRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Carmen Flores-Bautista, age 39, of Mexico, has entered a guilty plea in federal court in Columbia, to Illegal Re-Entry, a violation of 8 U.S.C. § 1326(a). United States District Judge J. Michelle Childs, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Flores-Bautista was encountered by ICE-Homeland Security Investigations agents on January 10, 2017, at the Alvin S. Glenn Detention Center in Columbia after she was arrested for Homicide by Child Abuse. An investigation revealed that Flores-Bautista is a citizen of Mexico who had been deported two times pursuant to an order of removal. U.S. Attorney Drake stated the maximum penalty for Illegal Re-Entry is imprisonment for 2 years and/or a fine of $250,000.
The case was investigated by agents of the ICE-Homeland Security Investigations. Assistant United States Attorney William E. Day, II of the Columbia office is prosecuting the case.
#####
Illegal Alien Located in Columbia Pleads Guilty to Illegal Re-entryRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Juan Arturo Ramirez-Rojo, age 39, of Mexico, has entered a guilty plea in federal court in Columbia, to Illegal Re-Entry, a violation of 8 U.S.C. § 1326(a). United States District Judge J. Michelle Childs, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Ramirez-Rojo was encountered by ICE-Homeland Security Investigations agents on January 10, 2017, at the Alvin S. Glenn Detention Center in Columbia after he was arrested for Trafficking Cocaine. An investigation revealed that Ramirez-Rojo is a citizen of Mexico who had been deported two times pursuant to an order of removal. U.S. Attorney Drake stated the maximum penalty for Illegal Re-Entry is imprisonment for 2 years and/or a fine of $250,000.
The case was investigated by agents of the ICE-Homeland Security Investigations. Assistant United States Attorney William E. Day, II of the Columbia office is prosecuting the case.
#####
INTERPOL Washington Participates in 2018 SORNA WorkshopRead the Press Release
Courtesy Office of Justice Programs, SMART Office. Panel members discuss information sharing and enforcement strategies during the 2017 SORNA workshop.INTERPOL Washington—the U.S. National Central Bureau—participated in the 2018 Sex Offender Registration and Notification Act (SORNA) Workshop, held January 9-10, in Albuquerque, New Mexico. The workshop brought together approximately 200 sex offender registry officials to participate in working groups, presentations, and panel discussions designed to assist U.S. states, tribes, and territories to improve sex offender registration and notification in their areas. It was sponsored by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) in the Office of Justice Programs. Other participants included faculty from the U.S. Marshals Service’s National Sex Offender Targeting Center; the FBI DNA Laboratory; FBI-Criminal Justice Information Services; and state, territory, and tribal representatives.
INTERPOL Washington Supervisory Investigative Analyst Michelle Ford-Stepney along with representatives from the Bureau of Indian Affairs, Administrative Office of the U.S. Courts, and the U.S. Marshals Services participated in a panel on “Information Sharing: Enforcement Strategies.” The panel encompassed registration requirements once an offender is released from custody as well as federal enforcement efforts. Ford-Stepney explained INTERPOL’s role in supporting implementation of SORNA, speaking specifically on the dissemination of sex offender notifications and the Green Notice program.
Under SORNA Supplemental Guidelines, registered sex offenders are required to inform their residence of jurisdiction of any intended travel outside of the United States at least 21 days prior to their departure. The registration jurisdiction collects the information about the offender’s intended international travel and sends that information to the U.S. Marshals Service’s National Sex Offender Targeting Center, which, in turn, reviews and forwards it to INTERPOL Washington for foreign country notification. INTERPOL Washington uses Green Notices to provide information to warn law enforcement organizations in INTERPOL member countries about subjects who are a possible threat to public safety or may commit a criminal offense, including those subjects who have been registered under SORNA.
“These workshops are a great opportunity for officials to come together to share information to improve our tracking and monitoring of sex offenders. Our work to support SORNA is one of a number of areas INTERPOL Washington supports to combat the exploitation of children,” said Ford-Stepney. INTERPOL Washington supports domestic law enforcement agencies by providing investigative assistance and serving as a dedicated channel for exchanging intelligence with INTERPOL member countries to counter the transnational, mobile, and clandestine nature of the criminal organizations and violators who commit human trafficking offenses. The agency also works with domestic and foreign law enforcement authorities, as well as non-government organizations, to locate missing and abducted children, combat child sex tourism, track the international movements of registered and non-compliant sex offenders, and end the production and distribution of child sexual exploitation images worldwide.
SORNA refers to the Sex Offender Registration and Notification Act, which is Title I of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248). SORNA provides a comprehensive set of minimum standards for sex offender registration and notification in the United States. SORNA aims to close potential gaps and loopholes that existed under prior law and generally strengthens the nationwide network of sex offender registration and notification programs. Additionally, SORNA:•Extends the jurisdictions in which registration is required beyond the 50 states, the District of Columbia, and the principal U.S. territories, to include federally recognized Indian tribes.
•Incorporates a more comprehensive group of sex offenders and sex offenses for which registration is required.
•Requires registered sex offenders to register and keep their registration current in each jurisdiction in which they reside, work, or go to school.
•Requires sex offenders to provide more extensive registration information.
•Requires sex offenders to make periodic in-person appearances to verify and update their registration information.
•Expands the amount of information available to the public regarding registered sex offenders.
•Makes changes in the required minimum duration of registration for sex offenders.
A component of the U.S. Department of Justice, INTERPOL Washington is co-managed by the U.S. Department of Homeland Security. As the designated representative to INTERPOL on behalf of the Attorney General, INTERPOL Washington serves as the national point of contact for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies in the United States.Harrison County woman admits to oxycodone distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Brittany Brown, of Stonewood, West Virginia, has admitted to a drug distribution charge, United States Attorney Bill Powell announced.
Brown, age 32, pled guilty to one count of “Distribution of Oxycodone.” Brown admitted to selling oxycodone in Harrison County in January 2016.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Metro Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Michael John Aloi presided.
Harrison County man admits to a firearms chargeRead the Press Release
WHEELING, WEST VIRGINIA – A Clarksburg, West Virginia man has admitted today to illegally purchasing a firearm, United States Attorney Bill Powell announced.
Michael Lewis Woodyard, age 26, pled guilty to one count of “False Statement to Acquire a Firearm.” He admitted to making a false statement when purchasing two pistols in Harrison County in March 2017.
Woodyard faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives, The Mountain Region Drug & Violent Crime Task Force, the Greater Harrison Drug &Violent Crime Task Force, a HIDTA-funded initiative, the West Virginia State Police, Upshur County Sheriff’s Office, Lewis County Sheriff’s Office, the Buckhannon Police Department, and the Weston Police Department investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. District Judge John Preston Bailey presided.Harpswell Man Sentenced to 52 Months for Theft of Firearms from a Licensed Firearms DealerRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Hyunkook Korsiak, 36, of Harpswell, Maine was sentenced today by Chief Judge Nancy Torresen in U.S. District Court to 52 months in prison for theft of firearms from a federally licensed firearms dealer.
According to court records, on January 3, 2017, the defendant stole firearms from C&R Trading Post. Brunswick Police discovered the theft when they responded to a burglar alarm and found a broken window near the building’s entrance. The police, using a police dog, located several firearms, a sledgehammer and drops of blood on snow in nearby woods. The blood was later determined to be the defendant’s. Korsiak pled guilty to the charge last September.
The case was investigated by the Sagadohoc County Sheriff’s Office; the Brunswick Police Department; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Grand Rapids Man Indicted for Possession of Stolen Mail, Credit Card Fraud, and Aggravated Identity TheftRead the Press Release
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that Kahwahnas Nucumbhi Potts, age 38, of Grand Rapids, Michigan, was arrested today on federal charges related to his possession of stolen mail, aggravated identity theft and credit card fraud. Potts remains in federal custody.
According to the indictment, from at least March 2015 until April 2016, Potts possessed stolen mail belonging to various residents of Kent County, Michigan. Potts applied for numerous credit cards in the names of these residents and unlawfully used credit cards issued to these individuals. Potts carried out his criminal activities by knowingly transferring, possessing and using the means of identification of these individuals, including their names, social security account numbers, and dates of birth, when transacting business with various banks and other financial institutions.
Potts arraignment on these charges is scheduled for 10:30 a.m. on February 1, 2018, in federal court in Grand Rapids, Michigan.
The charges for possession of stolen mail and unlawful use of social security account numbers carry a statutory penalty of up to 5 years’ imprisonment. The use of an unauthorized access device (credit card fraud) carries a statutory penalty of up to 5 years’ imprisonment. The aggravated identity theft charges carry a mandatory minimum penalty of 2 years’ imprisonment, consecutive to any other sentence that the court may impose. If convicted, Potts will also be ordered to pay restitution to his victims.
The Grand Rapids Office of the U.S. Postal Inspection Service, in conjunction with the Grand Rapids Police Department Metropolitan Fraud and Identity Theft Team, is handling the investigation. Assistant U.S. Attorney Ronald M. Stella is prosecuting the case.
The charges in an indictment are merely accusations, and the defendant is presumed innocent until and unless proven guilty in a court of law.
END
Former President and CEO of New York City Non-Profit Organization Pleads Guilty to Embezzlement of Government FundsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that DEREK BROOMES, the former president and chief executive officer (“CEO”) of a nonprofit housing organization based in Harlem, New York (the “Housing Nonprofit”), pled guilty before U.S. Magistrate Judge Kevin Nathanial Fox to abusing his position at the Housing Nonprofit to embezzle hundreds of thousands of dollars in federal funds.
U.S. Attorney Geoffrey S. Berman said: “Derek Broomes abused his position by selfishly diverting hundreds of thousands of dollars in public funds designed to assist low-income citizens living with HIV/AIDS. It is hard to imagine a more at-risk, vulnerable tenant population than the one Broomes chose to victimize, and for that reason today’s guilty plea is a deserving one.”
According to the allegations contained in the Complaint, the Indictment, and publicly-available documents:
The Housing Nonprofit is a faith-based, non-profit organization located in New York, New York that develops and provides low-income housing in Harlem to a variety of constituencies. In approximately 2002, DEREK BROOMES, the defendant, became the chief financial officer of the Housing Nonprofit. In approximately 2011, BROOMES became its president and CEO. Prior to joining the Housing Nonprofit, BROOMES worked briefly as a Deputy Commissioner at the New York City Human Resources Administration (“HRA”) and, for three years at the City’s Department of Investigation (“DOI”) in various capacities, including as an investigator and Deputy Inspector General.
Since at least 1999, the Housing Nonprofit has participated in the federally funded Scattered Site Housing Program (“SSHP” or the “Program”), through which the Housing Nonprofit receives federal funds that it uses to subsidize rents for low-income individuals who are living with HIV and/or AIDS. According to Program rules, SSHP funds are to be maintained in a segregated account and used exclusively for Program costs, including rental payments for residents covered by the Program. In fiscal years 2014 and 2015, the Housing Nonprofit received more than $3,000,000 in SSHP funds.
Beginning in at least 2013, BROOMES abused his position as president and CEO of the Housing Nonprofit, stealing hundreds of thousands of dollars in funds from his employer by charging personal and unauthorized expenses to a corporate credit card issued in his name (the “Corporate Credit Card”). Using the Corporate Credit Card, BROOMES routinely paid for personal auto repairs, medical bills, electronics, clothing, and gifts. None of these charges were authorized by the Housing Nonprofit, which ultimately was required to pay the monthly bills on the Corporate Credit Card. In total, between approximately March 2013, when the Corporate Credit Card was issued, and March 2015, when it was cancelled, BROOMES charged $394,145.65 to the Corporate Credit Card. Of that, an analysis conducted by the Housing Nonprofit determined that more than $200,000 of those charges were either personal or otherwise unauthorized.
To cover those expenditures and other operating expenses at the Housing Nonprofit, BROOMES misappropriated hundreds of thousands of dollars in federal funds that were provided through the SSHP. Specifically, BROOMES diverted the SSHP funds, which were intended to be used to cover rent payments for residents covered by the Program, to the Housing Nonprofit’s operating account, where they were used to pay for unauthorized expenses, including the monthly Corporate Credit Card bills. As a result of BROOMES’s diversion of SSHP funds, the Housing Nonprofit was often unable to make rent payments for SSHP apartments on a timely basis. The Housing Nonprofit thus fell increasingly behind on its rent obligations due to a lack of sufficient SSHP funds in its accounts, and tenants it sponsored in the SSHP began to receive threats of eviction by landlords who were owed months’ worth of back rent by the Housing Nonprofit.
Moreover, to conceal his conduct, BROOMES submitted, and caused others to submit, false and fraudulent reimbursement requests to HRA, which administers the SSHP, in which BROOMES and others acting at his direction certified that the Housing Nonprofit had properly used SSHP funds for program expenses, including rental payments, when, in fact, substantial amounts of those funds had been diverted to cover unauthorized expenses, including the substantial charges incurred by BROOMES’s use of the Corporate Credit Card. BROOMES personally signed false and fraudulent paperwork submitted to HRA as a part of the Housing Nonprofit’s monthly certifications and reimbursement requests on May 8, 2013, and July 19, 2013, and directed others to sign similarly false monthly certifications and related paperwork throughout the duration of the charged scheme.
* * *
BROOMES, 72, pled guilty to one count of embezzlement from a federally funded program, which carries a maximum penalty of 10 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense. The maximum statutory penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge. As a condition of the plea, BROOMES consented to the entry of a forfeiture order in the amount of $203,408.80 and further agreed to entry of an order of restitution. BROOMES is scheduled to be sentenced by the Chief Judge Colleen McMahon on April 26th, 2018.
The case is being prosecuted by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Edward B. Diskant and Alison G. Moe are in charge of the prosecution.
Former Newark Watershed Conservation and Development Consultant Admits Wire Fraud SchemeRead the Press Release
NEWARK, N.J. – A political consultant from Essex County, New Jersey, today admitted her role in a fraud scheme related to contracts with the Newark Watershed Development Corp. (NWCDC) and kickbacks to officials there, U.S. Attorney Craig Carpenito announced.
Dianthe Martinez Brooks, 42, of West Orange, New Jersey, pleaded guilty before U.S. District Judge Jose L. Linares in Newark federal court to an information charging her with one count of wire fraud.
According to documents filed in this case and statements made in court:
Martinez Brooks was the owner and proprietor of a consulting company called DMart127 LLC, which provided political consulting services to local candidates and elected officials, among others, in the Essex County area. Between May 2011 and March 2013, she participated in a scheme with Linda Watkins Brashear, the former NWCDC Executive Director, and Donald Bernard, the former Director of Special Projects, to defraud the NWCDC of the honest services of Brashear and Bernard, and of money and property.
Martinez Brooks submitted fraudulent invoices to the NWCDC in the name of DMart127 detailing services that were purportedly performed, but which sought payments that overstated the value of any services she or her company performed. Martinez-Brooks also assisted in obtaining contracts between companies owned by Kevin Gleaton and the NWCDC and contracts between a company owned by her relative and the NWCDC through Bernard and Brashear. Fraudulent invoices were submitted in the name of those companies to the NWCDC detailing services that were purportedly performed, but were never rendered by Gleaton, his companies, or Martinez Brooks’ relative. Based on the fraudulent invoices, the NWCDC issued checks to DMart127, Gleaton’s companies and company belonging to Martinez’s relative totaling $225,666. Martinez Brooks kicked back a substantial amount of those proceeds to Brashear and Bernard.
The wire fraud charge carries a maximum potential penalty of 20 years in prison and a $250,000 fine. Sentencing is scheduled for May 21, 2018.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark; IRS – Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen; and special agents of the U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi, with the investigation leading to today’s guilty plea.The government is represented by Assistant U.S. Attorneys Jacques S. Pierre and Jihee G. Suh of the Special Prosecutions Division.
Defense counsel: Paulette Pitt Esq., Woodbridge, New Jersey
Former Member of Westminster Planning Commission Sentenced to 18 Months in Federal Prison for Accepting $15,000 BribeRead the Press Release
SANTA ANA, California – A former member of the Planning Commission for the City of Westminster was sentenced today to 18 months in federal prison for taking a $15,000 bribe to help a person obtain a liquor license.
Dave Vo, 43, of Westminster, was sentenced by United States District Judge James V. Selna.
Following a three-day jury trial, Vo was convicted in September of one count of bribery.
Vo, who is an attorney, served as a Planning Commissioner in the Orange County city from early 2009 through early 2013. By virtue of his position, he had influence over the issuance of conditional use permits.
In 2011, Vo solicited a $15,000 bribe from a confidential informant. The informant reported to the FBI that Vo had solicited a bribe in relation to the issuance of a liquor license. During August 2011, over the course of four meetings, Vo received cash payments that totaled $15,000 in exchange for pushing the liquor license permit through the city’s approval process.
During the trial, the jury heard audio recordings of Vo soliciting the bribe – at one point telling the informant to “stay quiet” and “don’t even mention what’s going on” – and then saw video recordings of the payments being made.
“To line his pockets, [Vo] made a calculated decision to help a bribe payer at the expense of law-abiding members of the community who sought conditional use permits and liquor licenses through legitimate channels,” prosecutors wrote in a sentencing memorandum filed with the court. “In so doing, [Vo] sold his influence on the Planning Commission, giving (as he called it) ‘inside’ access for ‘under the table’ money. That conduct reflects a profound breach of the public’s trust.”
The case against Vo was investigated by the Federal Bureau of Investigation.
The case is being prosecuted by Assistant United States Attorney Daniel H. Ahn of the Santa Ana Branch Office.
Former Major at Angola Prison Convicted of Federal Obstruction Offenses in Connection with Beating of Handcuffed and Shackled InmateRead the Press Release
A former Major at Louisiana State Penitentiary (LSP) in Angola, Louisiana, was found guilty Friday in federal court for conspiring to cover up the beating of a handcuffed and shackled inmate, and for writing a false report, falsifying official records, and lying under oath about what happened.
After four days of trial, a jury convicted Daniel Davis, 41, of Loranger, Louisiana, on four charges related to the cover up. The jury heard evidence that Davis and three other supervisory officers used excessive force against an inmate who was shackled and handcuffed. The other three officers -- former Captains James Savoy, 39, John Sanders, 30, and Scotty Kennedy, 49 -- had all previously pleaded guilty to various federal charges related to the beating and the conspiracy to cover it up. At Davis’s trial, two of the Captains testified for the government and described the abuse and the extensive obstruction of justice.
After hearing testimony over the course of four days, the jury convicted Davis on all four counts related to the cover up of the beating. The evidence showed that Davis and the other officers conspired to cover up an incident in which officers had repeatedly punched, kicked, and stomped an inmate, causing serious injury including a bloody gash under his eye, a dislocated shoulder, broken ribs, and a collapsed lung. The extensive cover up included lying to investigators, writing false reports, and fabricating prison documents to provide a false alibi for some of the participants.
The jury convicted Davis of conspiring with other officers to obstruct justice; obstructing justice by writing a false report; obstructing justice by corruptly persuading his subordinates to lie; and committing perjury by lying under oath in a federal civil deposition. The jury acquitted Davis on one charge of violating the rights of the inmate by beating him, and failed to reach a unanimous verdict on a second charge related to the beating. The government has not announced whether it intends to re-try the defendant on the count for which there was no verdict.
“As a Major at Angola, defendant Davis had been entrusted with great power, which he grossly abused by perverting the justice system by lying, writing false reports, and using his influence to encourage others to lie,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Justice Department will continue to vigorously prosecute correctional officers who violate the public’s trust by committing crimes and to covering up violations of federal criminal law.”
Acting U.S. Attorney Corey R. Amundson said, “Although most corrections officers are good and honest public servants doing an enormously challenging and important job, Defendant Davis chose instead to become a criminal himself. His actions were unjustifiable, intolerable, and criminal. Our office remains steadfast in holding accountable those who violate the federal criminal civil rights laws and this prosecution of four high-ranking Angola corrections officers should illustrate that point very clearly. I greatly appreciate the dedication and hard work of the FBI and the prosecutors from my office and the Civil Rights Division who handled this important matter.”
“It is especially disheartening when those entrusted with power and authority in our criminal justice system choose to violate that trust,” said Louisiana Inspector General Stephen Street. “It is outrageous and threatens the integrity of the system. The Louisiana OIG remains committed to working with the U.S. Department of Justice, the FBI and all of our state and local law enforcement partners to root out this sort of corruption wherever it may exist, and these successful criminal prosecutions of four Louisiana Department of Corrections officers are the latest demonstration of that. I wish to thank Acting United States Attorney Corey Amundson and his staff, as well as the prosecutors from the DOJ Civil Rights Division, for an outstanding job presenting the case.”
This case was investigated by the FBI’s Baton Rouge Resident Agency Office, with assistance from the Louisiana Office of Inspector General, and was tried by Assistant U.S. Attorney Frederick A. Menner, Jr., of the Middle District of Louisiana, and Trial Attorneys Christopher J. Perras and Zachary Dembo of the Civil Rights Division’s Criminal Section.
Former Jefferson Parish Sheriff’s Office Chief Deputy Found Guilty of 12 Tax CrimesRead the Press Release
U.S. Attorney Duane A. Evans announced that CRAIG A. TAFFARO, age 70, of Harvey, a former Chief Deputy for the Jefferson Parish Sheriff’s Office, was convicted of all charges alleged in a Superseding Indictment. TAFFARO was found guilty of six counts of tax evasion, five counts of filing a false tax return, and one count of failing to file a tax return.
The jury found that TAFFARO willfully attempted to evade tax due and owing by filing returns with false and exaggerated business expenses for tax years 2009, 2010, 2011, 2012, and 2013, and by causing the filing of a false estimate of his tax liability for tax year 2014. The jury also found that TAFFARO willfully failed to file a tax return when required by law for tax year 2014.
TAFFARO faces maximum terms of imprisonment of five years for each count of tax evasion, three years for each count of filing a false return, and one year for failure to file a tax return. Sentencing is set for April 4, 2018, before U.S. District Court Judge Martin L.C. Feldman.
U.S. Attorney Evans praised the work of the Internal Revenue Service - Criminal Investigation and the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorneys Chandra Menon, Tracey Knight, and David Sinkman are in charge of the prosecution.
Former Council Bluffs Assistant City Prosecutor Sentenced for Conspiracy to Distribute MarijuanaRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Don Bauermeister, 44, was sentenced in federal court in Omaha. Bauermeister was an Assistant City Attorney in Council Bluffs, Iowa. He entered a plea of guilty to conspiracy to distribute at least 13 pounds but less than 20 pounds of marijuana. The Honorable Laurie Smith Camp, Chief United States District Court Judge, sentenced Bauermeister to five years of probation and a $5,000.00 fine.
On January 9, 2017, a Utah State Trooper recovered 12 pounds of marijuana and a pound of THC wax during a traffic stop on I-80. The driver indicated he drove from Omaha to Oregon on two occasions to pick up marijuana for Bauermeister.
A series of texts from the driver’s phone and Bauermeister confirmed the two trips. When the FBI confronted Bauermeister he resigned his position as Assistant City Attorney for Council Bluffs, Iowa and admitted his involvement in the distribution of marijuana.
In sentencing Bauermeister, Judge Smith Camp recognized the felony conviction and noted that a prosecutor should be held to a higher standard. She then imposed a five year term of probation and a $5,000.00 fine. The sentence was within the advisory guidelines range.
Financial Management Consultant Sentenced for Embezzling Medical Firm & Employee Pension FundsRead the Press Release
PROVIDENCE, R.I. – A former office manager of New England Anesthesiologists, Inc., and president of Anesthesia Management Consultants, LLC, was sentenced today to 37 months in federal prison for embezzling more than $700,000 dollars from bank accounts belonging to the medical firm and to an employee 401(k) pension fund. The total amount of restitution to be paid has bot yet been determined.
John M. Hairabet, Jr., 45, pleaded guilty on July 20, 2017, to six counts of wire fraud, one count of pension fund theft and two counts of money laundering. At sentencing, U.S. District Court Judge John J. McConnell, Jr., also ordered Hairabet to serve 3 years supervised release upon completion of his term of incarceration and to pay restitution to the victims in this case, including pensioners whose money was embezzled from the employee 401(k) pension fund. The total amount of restitution to be paid has not yet been determined by the court.
The U.S. Sentencing Guidelines range of imprisonment in this matter is 37- 46 months. The government recommended the court impose a sentence of 37 months imprisonment.
Hairabet’s sentence is announced by United States Attorney Stephen G. Dambruch; Brian Deck, Resident Agent in Charge of the Providence Office of the U.S. Secret Service; Joel P. Garland, Special Agent in Charge, Internal Revenue Service Criminal Investigation; and Carol S. Hamilton, Acting Regional Director, U.S. Department of Labor Employee Benefits Security Administration.
At the time of his guilty plea, Hairabet admitted that between October 2007 and August 12, 2013, in his capacity as an independent contract bookkeeper and office manager of New England Anesthesiologists, and through his management consulting firm, Anesthesia Management Consultants, he embezzled $587,218.36 from bank accounts belonging to New England Anesthesiologists. Hairabet also admitted that he embezzled $120,313 in employee elective deferrals that were to be deposited into an employee 401 (k) pension fund.
The case was prosecuted by Assistant U.S. Attorneys Ronald R. Gendron and Richard W. Rose.
The matter was investigated by IRS Criminal Investigation, the U.S. Secret Service and the U.S. Department of Labor, Employee Benefits Security Administration.
###
Elkhart Man Sentenced to 188 Months ImprisonmentRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Enrique Cordova Campos, age 42, of Elkhart, Indiana was sentenced before Chief Judge Theresa Springmann on his guilty plea to conspiracy to possess and distribute more than 5 kilograms of cocaine.
Campos was sentenced to 188 months imprisonment and 5 years supervised release.
According to documents in this case, from May through August of 2016, Campos was supplying kilograms of cocaine to a drug distribution group in the Fort Wayne area. Campos supervised several other individuals who delivered drug shipments this group and who collected money from it. In May of 2016, officers stopped one of these men and seized about $100,000 in drug proceeds. In August of 2016, officers served a search warrant at Campos’s Elkhart residence, finding about $44,000 of drug proceeds in his vehicle and a firearm in his residence.
United States Attorney Thomas L. Kirsch II said, “My office, with our law enforcement partners, is focusing our resources on drug distribution networks in an attempt to reduce illicit drugs on the streets of northeast Indiana.”
This case was investigated by the Federal Bureau of Investigation’s Safe Streets Gang Task Force, which includes the FBI, Indiana State Police, Allen County Sheriff’s Department, and Fort Wayne Police Department. The Elkhart Police Department and the Elkhart County Sheriff’s Department also assisted with this investigation. This case was handled by Assistant United States Attorneys Anthony W. Geller and Stacy R. Speith.
###
Eight Individuals Charged with Deceptive Trading Practices Executed on U.S. Commodities MarketsRead the Press Release
Eight individuals who allegedly engaged in various deceptive trading practices on commodities markets in the United States have been publicly charged with federal crimes. Seven of the eight individuals were charged with the crime of spoofing, an illegal trading practice that can be used to manipulate the commodities markets. Other than the individuals identified today, only three other individuals have ever been publicly charged with the crime of spoofing. Of those identified today, five were traders employed by global financial institutions, two were traders at large commodities trading firms, and one was the owner of a technology consulting firm.
The enforcement actions were announced by Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Deputy Assistant Director Chris Hacker of the FBI’s Criminal Investigative Division and Director James McDonald of the U.S. Commodity Futures Trading Commission’s (CFTC) Division of Enforcement.
The charges announced today aggressively target, among other things, the practice of spoofing, which was allegedly employed in various forms by these defendants and/or their co-conspirators to manipulate the market for futures contracts traded on the Chicago Mercantile Exchange (CME), the Chicago Board of Trade (CBOT), and the Commodity Exchange Inc. (COMEX). The defendants and their co-conspirators are alleged to have defrauded market participants and manipulated these markets by placing hundreds, and in some cases, thousands of orders that they did not intend to trade, or “spoof orders,” to create the appearance of substantial false supply and demand and to induce other market participants to trade at prices, quantities, and times that they otherwise would not have traded. According to the charging documents, the spoof orders often had the effect of artificially depressing or artificially inflating the prices of futures contracts traded on CME, CBOT, and COMEX. In order to take advantage of the artificial price levels created by their spoof orders, the defendants and/or their co-conspirators are alleged to have executed real, genuine orders to buy (at the artificially low prices) or to sell (at the artificially high prices) in order to generate trading profits or to illicitly mitigate other trading losses.
“As alleged, the defendants in these cases engaged in sophisticated schemes or trading practices aimed at defrauding individuals and entities trading on U.S. futures exchanges,” said Acting Assistant Attorney General Cronan. “Conduct like this poses significant risk of eroding confidence in U.S. markets and creates an uneven playing field for legitimate traders and investors. The Department and our law enforcement partners will use all of the tools at our disposal, including cutting-edge data analysis, to detect these types of schemes and to bring those who engage in them to justice. Protecting the integrity of our markets remains a significant priority in our fight against economic crime.”
“The FBI has taken enforcement action against multiple commodities traders who, for their own personal gain, were spoofing trades through electronic trading platforms,” said Deputy Assistant Director Chris Hacker. “Their deceptive trading artificially affected the perception of supply and demand in the market and took away a level playing field for investors. We ask for those who observe indicators of this type of fraud to come forward to law enforcement so that we can stop those who attempt to exploit our financial system.”
“Spoofing is a particularly pernicious example of bad actors seeking to manipulate the market through the abuse of technology,” said Director McDonald. “The technological developments that enabled electronic and algorithmic trading have created new opportunities in our markets. At the CFTC, we are committed to facilitating these market-enhancing developments. But at the same time, we recognize that these new developments also present new opportunities for bad actors. We are equally committed to identifying and punishing these bad actors. The CFTC’s enforcement program is built around the twin goals of holding wrongdoers accountable and deterring future misconduct. We believe these goals are best achieved when we hold accountable not just companies, but also the individuals involved. As these cases show, we will work hard to identify and prosecute the individual traders who engage in spoofing, but we will also seek to find and hold accountable those who teach others how to spoof, who build the tools designed to spoof, or who otherwise aid and abet the wrongdoing. These cases should send a strong signal that we at the CFTC are committed to identifying individuals responsible for unlawful activity and holding them accountable.”
Northern District of Illinois
Six individuals have been charged in four cases with spoofing and/or manipulative conduct charged in the Northern District of Illinois including:
- James Vorley, 37, of the United Kingdom, and Cedric Chanu, 39, a French citizen, are charged in a criminal complaint with conspiracy, wire fraud, commodities fraud, and spoofing offenses in connection with executing a scheme to defraud involving both solo and coordinated spoofing on the COMEX while they were employed as precious metals traders at a leading global financial institution. Vorley was based in London, United Kingdom and Chanu was based in London, and the Republic of Singapore.
- Edward Bases, 55, of New Canaan, Connecticut, and John Pacilio, 53, of Southport, Connecticut, are charged in a criminal complaint with commodities fraud in connection with an alleged scheme to engage in both solo and coordinated spoofing on the COMEX when they were employed as precious metals traders at a leading global financial institution. Bases is also charged with spoofing offenses. Bases and Pacilio were based in New York City.
- Jitesh Thakkar, 41, of Naperville, Illinois, is charged in a criminal complaint with conspiracy and spoofing offenses alleging that Thakkar developed a software program that was used by Thakkar’s co-conspirator to engage in spoofing through the placement of thousands of orders on the CME when Thakkar was the founder and principal of Edge Financial Technologies Inc. (“Edge”), an information technology consulting firm located in Chicago, Illinois.
- Jiongsheng (“Jim”) Zhao, 30, of Australia, is charged in a criminal complaint with wire fraud, commodities fraud, making false statements to the CME, and spoofing offenses when he was a trader at a proprietary trading firm located in Sydney, Australia. According to the complaint, data analysis identified hundreds of instances of spoofing by Zhao on the CME between approximately July 2012 and March 2016. Additionally, the complaint alleges that Zhao made false written statements to the CME after being confronted with allegations of his disruptive trading practices.
District of Connecticut
- Andre Flotron, 53, a Swiss national currently residing in Wayne, New Jersey, has been charged in an indictment in the District of Connecticut with conspiracy to commit spoofing, wire fraud, and commodities fraud when he was a UBS AG precious metals trader at UBS’s trading desks in Stamford, Connecticut and Zurich, Switzerland. The indictment also alleges that Flotron trained and instructed another UBS trader in the practice of using spoof orders.
Southern District of Texas
- Krishna Mohan, 33, of New York, New York, is charged in a criminal complaint filed in the Southern District of Texas with commodities fraud and spoofing offenses when he was employed as a programmer and trader at a proprietary trading firm in Chicago, Illinois. According to the complaint, data analysis identified that Mohan engaged in a pattern of spoofing over a thousand times in a two-month period.
Today’s enforcement actions were led and coordinated by the Criminal Division Fraud Section’s Securities and Financial Fraud Unit and the U.S. Attorney’s Office for the District of Connecticut, in conjunction with special agents from FBI Offices in New York, Chicago, Connecticut, and Houston, and with invaluable assistance from the Fraud Section’s partners at the U.S. Attorney’s Office for the Northern District of Illinois, the U.S. Attorney’s Office for the Southern District of Texas, the U.S. Postal Inspection Service and the CFTC’s Division of Enforcement. The cases are being prosecuted by Assistant Chiefs Nicholas Surmacz and Carol Sipperly and Trial Attorneys Michael O’Neill, Matthew Sullivan, Jeffrey Le Riche, Michael Rinaldi, Cory Jacobs, and Mark Cipolletti of the Fraud Section’s Securities and Financial Fraud Unit, along with Assistant U.S. Attorney Avi Perry of the U.S. Attorney’s Office for the District of Connecticut.
A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Individuals who believe that they may be a victim in these cases should visit the Fraud Section’s Victim Witness website or call 889-549-3945 for more information.
To obtain information on the CFTC’s resolutions with three global financial institutions, please go to: http://www.cftc.gov/PressRoom/PressReleases/index.htm.
Eight Arrested and Charged in Roundup of Rochester Drug Trafficking OrganizationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carlos Javier Figueroa, a/k/a/ Javi, a/k/a Big Bro, 39, Roberto Figueroa, 42, Leitscha Poncedeleon, 28, and Orlando Yelder, 36, Jose Justiniano-Rodriguez, 18, Jashua Figueroa, 19, and Obed Torres, 21, all of Rochester, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine, possession with intent to distribute and distribution of five kilograms or more of cocaine, use of a telephone to facilitate drug trafficking and possession of a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life. In addition, Felix Figueroa was arrested and charged in a separate complaint with distribution of cocaine and conspiracy to distribute cocaine, which is punishable by up to 20 years in prison.
Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that according to the complaint, Carlos Javier Figueroa is the leader of a Rochester-based drug trafficking organization responsible for distributing numerous kilograms of cocaine in the City of Rochester. The organization was involved in the transportation and sale of cocaine and was also responsible for acts of violence in furtherance of the organization’s drug trade. Various locations throughout Rochester were utilized to receive, store, and sell the supply of illegal narcotics. Carlos Javier Figueroa and his co-conspirators coordinated shipments of cocaine from Puerto Rico, which were sent to locations in Rochester via the United States Postal Service (USPS).
Since September 2017, at least 23 packages have been sent from Puerto Rico to addresses associated with the organization via USPS. Once the packages arrived in Rochester, members of the organization, including Carlos Javier Figueroa, Roberto Figueroa, and Poncedeleon, picked up the packages and took them to another location. The cocaine was then distributed or broken down and packaged for sale in quantities to be further distributed by others.
In April 2017, members of the Rochester Police Department’s Major Crimes Unit and Special Investigations Section received information from an active member of the organization stating that the individual feared for his/her safety. The individual told investigators that Carlos Javier Figueroa was willing to provide a reward for his/her murder and that Carlos Javier Figueroa has had people killed in the past and he/she was very afraid of him.
In December 2017, the Rochester Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives began utilizing court authorized wiretaps and surveilling the area of 6 and 12 Burbank Street in Rochester, believed to be Carlos Javier Figueroa’s residence; 292 Barrington Street in Rochester, believed to be Roberto Figueroa and Poncedeleon’s residence and a stash house where shipments of cocaine are stored; 59 Fernwood Avenue in Rochester, a residence belonging to Carlos Javier Figueroa and the address where at least two packages of suspected cocaine were shipped to from Puerto Rico; and 820 East Main Street in Rochester.
On January 29, 2018, during the execution of state search warrants, law enforcement officers seized more than $600,000 in cash, six assault rifles, two loaded handguns, over three kilograms of cocaine, and a quantity of suspected heroin and fentanyl.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief Mark Henderson; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Gregory Johnson.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.Eagle Butte Man Sentenced for PerjuryRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Perjury was sentenced on January 24, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Charlie Marshall, age 27, was sentenced to 12 months in custody and a special assessment of $100 to the Federal Crime Victims Fund. The custody sentence is to run concurrently with the sentences imposed in Marshall’s controlled substances and firearms case.
Marshall was indicted by a federal grand jury on May 16, 2017, for Perjury and False Declaration Before a Court. Marshall pled guilty to Perjury on August 11, 2017.
On March 13, 2017, Marshall appeared before U.S. District Judge Roberto A. Lange to plead guilty to conspiracy to distribute a controlled substance, methamphetamine, and firearms charges. At the beginning of the change of plea hearing, Marshall agreed, under oath, to answer questions during the hearing truthfully. Marshall was asked by Judge Lange if he understood that he was under oath and required to answer the Court’s questions truthfully, to which Marshall indicted he understood. Judge Lange specifically asked Marshall if he was under the influence of alcohol or drugs, to which Marshall responded that he was not. Immediately following the hearing, because Marshall smelled of alcohol, a U.S. Probation Officer administered a preliminary breath test to Marshall. The preliminary breath test registered a reading of 0.149.
A second change of plea hearing was held by Judge Lange on March 21, 2017, due to Marshall being under the influence of alcohol during the initial change of plea hearing.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Marshall was immediately turned over to the custody of the U.S. Marshals Service.
District Woman Sentenced to Six Years in Prison for Robbing Man in Northeast WashingtonRead the Press Release
WASHINGTON – Shelia Rogers, 62, also known as Sheila Rogers, of Washington, D.C., has been sentenced to six years of incarceration for robbing a man who was walking home from a trip to buy medicine for his sick children, U.S. Attorney Jessie K. Liu announced.
Rogers was found guilty by a jury in November 2017 of charges of robbery and felony threats. The verdict followed a trial in the Superior Court of the District of Columbia. She was sentenced on Jan. 26, 2018, by the Honorable Ronna L. Beck. Judge Beck sentenced Rogers to a total of 15 years in prison, but suspended all but six years of that time. Upon completion of her prison term, Rogers will be required to successfully complete five years of supervised release.
According to the government’s evidence, on Oct. 1, 2016, at approximately 7:35 p.m., the victim had just walked to a grocery store to buy medicine for his two sick children. While returning home, he encountered Rogers and an unidentified man on the sidewalk in the 1800 block of I Street NE. Rogers bumped into the man and demanded his money. When he tried to plead with her, she put her hand in her pocket, appeared to hold an item inside of it, and threatened to use that item to harm him. Thinking that Rogers could have a gun or knife, the man complied, and Rogers took every dollar he had, a total of $15.
After Rogers and the unidentified man, who took no part in the crime, walked away, the victim called police. Officers with the Metropolitan Police Department (MPD) quickly responded and located and apprehended Rogers a couple of blocks away.
The case marked the sixth time that Rogers had been convicted of robbery and robbery-related offenses, dating to the late 1970s.
In announcing the sentence, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Eric Hansford and Kristina Wolf. Finally, she commended the work of Assistant U.S. Attorney Matthew R. Palmer-Ball, who investigated and prosecuted the matter.
District Man Found Guilty of First-Degree Burglary and Other Charges in Home Invasion in Northwest WashingtonRead the Press Release
WASHINGTON – James Rousseau, 23, of Washington, D.C., was found guilty by a jury today of burglarizing a house in Northwest Washington and then riding off in the family’s car, announced U.S. Attorney Jessie K. Liu.
Rousseau was found guilty of charges of first-degree burglary, first-degree theft, and unauthorized use of an automobile. The verdict followed a trial in the Superior Court of the District of Columbia. Rousseau remains held pending his sentencing on April 10, 2018, by the Honorable Robert A. Salerno.
According to the government’s evidence, on the evening of Oct. 10, 2016, Rousseau was stalking the 5100 block of 7th Street NW, looking for a house to burglarize. After going up and down the block, he located an unlocked rear deck door. He entered this house, which was occupied only by a teenager and three small sleeping children. The teenager was getting ready for bed and showering in the basement bathroom. She heard footsteps upstairs, but mistakenly believed that it was the rest of the family returning to the house.
Only later, when the teenager heard Rousseau peel off in the family’s MINI Cooper sedan, did she realize that a burglar had been inside. Officers with the Metropolitan Police Department (MPD) quickly responded to the scene and canvassed the neighborhood. An exterior fingerprint at the home helped lead to Rousseau’s identification. In addition, MPD was able to recover surveillance footage from security cameras belonging to neighbors on the block. The surveillance footage showed the same person, and the footage from the driveway showed that person driving off with the car. Rousseau was arrested 10 days after the crime. Pursuant to a search warrant, law enforcement recovered a cellphone from Rousseau’s house that included a picture of the defendant wearing the same outfit shown in the surveillance footage.
In announcing the verdict, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department. She also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. She acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Monica Trigoso, Sonali D. Patel, Stephen Rickard, Veronica Sanchez, and Denise Cheung; Paralegal Specialists Donice Adams and Crystal Waddy; Litigation Technology Specialist Anisha Bhatia, and Criminal Investigator John Marsh.
Finally, she commended the work of Assistant U.S. Attorney Louis Manzo, who investigated and prosecuted the case.
Derry Man Sentenced to 14 Years in Prison for Fentanyl TraffickingRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Anthony Barth, 26, of Derry, was sentenced to 14 years in prison for fentanyl trafficking.
According to statements made in court, Barth sold fentanyl to a cooperating individual on two occasions in July and August of 2016. On August 17, 2016, the individual placed an order for 50 “fingers” or approximately 500 grams of fentanyl. The defendant arrived at the predetermined meeting location in Derry, New Hampshire where officers attempted to arrest him. Barth tried to flee, hitting a police car and eventually abandoning his own vehicle behind a nearby business. He ran into a wooded area where he attempted to discard the drugs, but he was apprehended shortly thereafter. Officers searched the wooded area and found the drugs, which contained approximately 490 grams of fentanyl.
On June 5, 2017, Barth pleaded guilty to two counts of distribution of a controlled substance and one count of possession of a controlled substance with intent to distribute.
“Most overdose deaths in the Granite State are being caused by fentanyl,” Acting U.S. Attorney Farley said. “The substantial amount of fentanyl that this defendant was distributing could have placed many lives at risk. While the law enforcement community recognizes that those who suffer from addiction require treatment, those who seek to profit from the sale of these deadly products are damaging the fabric of our communities. We will continue to work closely with our law enforcement partners to seek substantial penalties for those who threaten our state by selling fentanyl and other deadly drugs.”
“The state of New Hampshire is faced with a fentanyl crisis unlike ever before,” said Drug Enforcement Administration (DEA) Special Agent in Charge Michael J. Ferguson. “Those suffering from opioid addiction need access to treatment and recovery, but those that distribute and profit from lethal drugs like fentanyl to the citizens of New Hampshire need to be held accountable. This investigation demonstrates the strength and continued commitment of our local, state and federal partners and our strong relationship with the U.S. Attorney’s Office.”
This case was investigated by the DEA and the Manchester and Derry Police Departments. It was prosecuted by Assistant U.S. Attorney Georgiana L. Konesky.
###
Corpus Christi Man Convicted of Distribution of Child PornographyRead the Press Release
CORPUS CHRISTI, Texas - A 28-year-old Corpus Christi man has admitted he distributed child pornography, announced U.S. Ryan K. Patrick.
In May 2016, authorities discovered that Randy Michael Ramirez was communicating with an undercover detective in Dallas and eventually sent a link which contained 76 videos of child pornography. Law enforcement seized a cellular telephone from Ramirez’s residence which resulted in the discovery of more than 80 images and 12 videos of child pornography. Many of the videos involved sexually explicit conduct with children as young as infants.
The court also heard today that upon his arrest, Ramirez attempted to hide a cellular telephone. Law enforcement was able to locate the device and a forensic analysis revealed an additional 120 images of child pornography.
Sentencing has been set before Senior U.S. District Judge Janis Graham Jack on April 9, 2018. At that time, Ramirez faces a minimum of five and up to 20 years in federal prison and a possible $250,000 maximum fine. Upon completion of any prison term imposed, Ramirez also faces a maximum of life on supervised release during which time the court can impose a number of special conditions designed to protect children and prohibit the use of the Internet.
Ramirez has been and will remain in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the Corpus Christi Police Department - Internet Crimes Against Children Task Force.
Assistant U.S. Attorney Hugo R. Martinez 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."
Convicted Sex Offender Pleads Guilty to Failing to RegisterRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Elder Auxume-Guerra (39, Honduras) has pleaded guilty to failing to register as a sex offender. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to court documents, Auxume-Guerra was convicted of attempted third degree rape in New York in 2016. As a result of his conviction, he was required under the Sex Offender Registration and Notification Act (SORNA) to register as a sex offender and maintain his registration for a period of 20 years. Between March 2016 and October 2017, Auxume-Guerra moved from New York to Florida and failed to register as a sex offender in Florida.
SORNA is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act also provides for the use of federal law enforcement resources, including the U.S. Marshals Service, to assist states in locating and apprehending non-compliant sex offenders.
This case was investigated by the U.S. Marshals Service. It is being prosecuted by Assistant United States Attorney Diego F. Novaes.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Columbus Man Sentenced for Receiving Child PornographyRead the Press Release
Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that William Tooley, 53, of Columbus, Georgia, entered a plea today to receipt of child pornography. Mr. Tooley entered his plea of guilty before the Honorable Clay D. Land of the United States District Court in Columbus, Georgia, who imposed a sentence of 360 months imprisonment (30 years). Mr. Tooley will also be required to serve 25 years of supervised release under strict sexual offender supervision in the unlikely event he should ever be released from prison.
There is no parole in the federal system.
According to the facts presented in court, in March of 2016, the mother of an 11 year old boy located in in another state discovered that her son had been texting and sending nude photos of himself to an individual she suspected of impersonating a teen boy. The victim revealed that he had been texting with someone he knew as “Mason”, who said he lived in Georgia, and was either 15 or 17 years old (at different times, he represented both). During these text conversations, “Mason” asked the victim to send sexually explicit photos of himself over the internet.
Due to the interstate nature of the case, the matter was turned over to Homeland Security Investigations (HSI). “Mason” turned out to be 53 year old registered sex offender and Columbus, GA, resident, William Tooley. Mr. Tooley admitted that he received sexually explicit photos from the juvenile victim via text message. Public records revealed that Mr. Tooley had two separate convictions in the state of Michigan for 4th degree criminal sexual conduct involving a minor and another for accosting a child for immoral purposes.
“The sentence recommended to and imposed by Judge Land virtually ensures that this repeat sexual offender will spend the rest of his days in the federal penitentiary, where he belongs and where he can no longer prey on innocent children. It also has spared the young victim in this case the additional trauma of having to testify about Mr. Tooley’s predations in a public courtroom,” said United States Attorney Peeler.
“This deviant child predator did not learn his lesson from his previous multiple convictions for child exploitation,” said acting HSI Atlanta Special Agent in Charge Gregory L. Wiest. “This case should serve as a warning to others and a reminder to parents to pay attention to their children’s online activity and to stay vigilant in the protection of our children.”
The case was investigated by Homeland Security Investigations. Assistant United States Attorney Crawford Seals handled the prosecution for the Government.
Questions concerning this case should be directed to Pamela Lightsey, United States Attorney’s Office, at (478) 621-2603.
Businessmen Sentenced for Operating BHO Lab in Warehouse Destroyed by FireRead the Press Release
PROVIDENCE, RI – Two Rhode Island businessmen responsible for running a butane honey oil (BHO) lab inside a Providence warehouse where a massive fire erupted in March 2015, destroying the warehouse and causing more than $1 million dollars in damages, were sentenced on Friday by U.S. District Court Judge John J. McConnell, Jr., to two years probation with community service.
Graeme Marshall, 52, of Cranston, and Christopher White, 51, of Providence, appeared before U.S. District Court Judge John J. McConnell, Jr., in August 2017, for change of plea hearings. White pleaded guilty to endangering human life while manufacturing a controlled substance. Marshall pleaded guilty to money laundering. According to court documents and other evidence presented to the Court, White and Marshall used a portion of the Kinsley Avenue warehouse to operate a butane hash oil manufacturing laboratory. The fire that destroyed the warehouse began inside the room where the lab was located.
BHO labs are highly dangerous facilities used to extract tetrahydrocannabinol (THC), a Schedule I controlled substance found in marijuana plants, through the use of butane.
Over a period of approximately two years, White and Marshall manufactured over 1,000 grams of BHO inside the Kinsley Avenue warehouse, which they sold for between $15 and $30 per gram. In addition to operating the BHO lab, Marshall and White operated a business that sold equipment and supplies for marijuana cultivation.
The U.S. Sentencing Guidelines range of imprisonment in the matter of the United States vs. Christopher White is 41-51 months. The U.S. Sentencing Guidelines range of imprisonment in the matter of the United States vs. Graeme Marshall is 37-46. In each matter, the government recommended a sentence within the U.S. Sentencing guidelines and a fine of $83,472. No fines were imposed.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Providence Arson Squad, Providence Police Department, Rhode Island State Police and Rhode Island State Fire Marshal’s Office.
The sentences are announced by United States Attorney Stephen G. Dambruch, Mickey D. Leadingham, Special Agent in Charge of the Boston Field Division of ATF, Providence Public Safety Commissioner Steven M. Pare, and Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police.
The cases were prosecuted by Assistant U.S. Attorneys Sandra R. Hebert and Richard B. Myrus.
###
Bridgeport Man Sentenced to 6 Years in Prison for Illegal Gun PossessionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ROBERT BOWENS, 34, of Bridgeport, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 76 months of imprisonment, followed by three years of supervised release, for illegally possessing a firearm.
According to court documents and statements made in court, on April 22, 2017, Connecticut State Police stopped a vehicle BOWENS was operating on I-95 in Bridgeport. BOWENS attempted to flee and, during a struggle with troopers, produced a 9mm handgun. Troopers knocked the firearm from BOWENS’ hand, but BOWENS broke free, jumped into an SUV that had arrived at the scene, and the vehicle fled. BOWENS was apprehended on May 9.
BOWENS’ criminal history includes state felony convictions for possession with intent to sell, criminal possession of a weapon, and forgery. He also has a prior federal conviction for possession of a firearm by a previously convicted felon, for which he was sentenced, in May 2009, to 57 months of imprisonment.
BOWENS has been detained since his arrest. On November 6, 2017, he pleaded guilty to one count of possession of a firearm by a previously convicted felon.
This matter was investigated by the Federal Bureau of Investigation and the Connecticut State Police, with the assistance of the U.S. Marshals Connecticut Violent Fugitive Task Force and the Bridgeport Police Department. The case was prosecuted by Assistant U.S. Attorney Jacabed Rodriguez-Coss.
Brattleboro Man Convicted of Distribution of Crack Cocaine While on Federal Supervised ReleaseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that, on January 29, 2018, Norman Hardy, 40, of Brattleboro, appeared before Judge Christina Reiss to plead guilty to distribution of crack cocaine.
According to Court records, Hardy sold crack cocaine to an informant working with the Vermont State Police Drug Task Force on two separate occasions in May 2017. When he was arrested on June 20, 2017, he had an additional quantity of crack cocaine on his person. In January 2016, Hardy was federally convicted in Vermont of distribution of heroin, and subsequently sentenced to 15 months of imprisonment. Hardy told investigators at the time of his arrest that he had been selling drugs since the time of his release from that sentence.
Under the terms of the plea agreement filed with the Court – acceptance of which was deferred until the sentencing hearing – the parties have agreed that Hardy should be sentenced to 30 months in prison.
The United States is represented in this case by Assistant United States Attorney Nate Burris. Hardy is represented by attorney Ernest “Bud” Allen of Burlington.
Attorney General Sessions Announces New Tool to Fight Online Drug TraffickingRead the Press Release
Attorney General Jeff Sessions today announced a new resource to help federal law enforcement disrupt online illicit opioid sales, the Joint Criminal Opioid Darknet Enforcement (J-CODE) team.
“Criminals think that they are safe on the darknet, but they are in for a rude awakening,” Attorney General Sessions said. “We have already infiltrated their networks, and we are determined to bring them to justice. In the midst of the deadliest drug crisis in American history, the FBI and the Department of Justice are stepping up our investment in fighting opioid-related crimes. The J-CODE team will help us continue to shut down the online marketplaces that drug traffickers use and ultimately that will help us reduce addiction and overdoses across the nation.”
J-CODE will more than double the FBI’s investment in fighting online opioid trafficking. The FBI is dedicating dozens more Special Agents, Intelligence Analysts, and professional staff to J-CODE so that they can focus on this one issue of online opioid trafficking.
In July 2017, Attorney General Sessions announced the seizure of the largest dark net marketplace in history. This site hosted some 220,000 drug listings and was responsible for countless synthetic opioid overdoses, including the tragic death of a 13 year old.
In August 2017, Attorney General Sessions ordered the creation of a new data analytics program, the Opioid Fraud and Abuse Detection Unit, to focus specifically on investigating opioid-related health care fraud. The same day, he assigned a dozen prosecutors to “hot spot” districts—where opioid addiction is especially prevalent—to focus solely on investigating and prosecuting opioid-related health care fraud.
In November, Attorney General Sessions ordered all 94 U.S. Attorney offices to designate an opioid coordinator who will customize federal law enforcement’s anti-opioid strategy in their district.
Attorney General Sessions Announces New Tool to Fight Online Drug TraffickingRead the Press Release
PITTSBURGH – Attorney General Jeff Sessions today announced a new resource to help federal law enforcement disrupt online illicit opioid sales, the Joint Criminal Opioid Darknet Enforcement (J-CODE) team.
“Criminals think that they are safe on the darknet, but they are in for a rude awakening,” Attorney General Sessions said. “We have already infiltrated their networks, and we are determined to bring them to justice. In the midst of the deadliest drug crisis in American history, the FBI and the Department of Justice are stepping up our investment in fighting opioid-related crimes. The J-CODE team will help us continue to shut down the online marketplaces that drug traffickers use and ultimately that will help us reduce addiction and overdoses across the nation.”
J-CODE will more than double the FBI’s investment in fighting online opioid trafficking. The FBI is dedicating dozens more Special Agents, Intelligence Analysts, and professional staff to J-CODE so that they can focus on this one issue of online opioid trafficking.
In July 2017, Attorney General Sessions announced the seizure of the largest dark net marketplace in history. This site hosted some 220,000 drug listings and was responsible for countless synthetic opioid overdoses, including the tragic death of a 13 year old.
In August 2017, Attorney General Sessions ordered the creation of a new data analytics program, the Opioid Fraud and Abuse Detection Unit, to focus specifically on investigating opioid-related health care fraud. The same day, he assigned a dozen prosecutors to “hot spot” districts—where opioid addiction is especially prevalent—to focus solely on investigating and prosecuting opioid-related health care fraud.
In November, Attorney General Sessions ordered all 94 U.S. Attorney offices to designate an opioid coordinator who will customize federal law enforcement’s anti-opioid strategy in their district.
Arkansas State Senator Pleads Guilty to Wire Fraud, Money Laundering and Bank FraudRead the Press Release
Arkansas State Senator Jakes C. Files pleaded guilty today to wire fraud and money laundering charges for orchestrating a scheme to obtain approximately $46,500 in state government funds through fraudulent means, and to one charge of bank fraud for obtaining approximately $56,700 in loan proceeds, also through fraudulent means.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Duane A. Kees for the Western District of Arkansas made the announcement.
Files, 45, of Fort Smith, Arkansas, who represents Arkansas’s state legislative district No. 8 in the Arkansas State Senate, pleaded guilty before Chief U.S. District Court Judge P. K. Holmes III of the Western District of Arkansas to an information charging him with one count of wire fraud, one count of money laundering and one count of bank fraud.
As part of his plea, Files admitted that, between August 2016 and December 2016, while serving in the Arkansas State Senate, he used his senate office to obtain government money known as General Improvement Funds (GIF) through fraudulent means and for personal gain. Specifically, Files authorized and directed the Western Arkansas Economic Development District, which was responsible for administrating the GIF in Files’s legislative district, to award a total of $46,500 in GIF money to the City of Fort Smith. To secure the release of the GIF money, Files prepared and submitted three fraudulent bids to the Western Arkansas Economic Development District. Files then instructed an associate to open a bank account under that person’s name to conceal his role as the ultimately beneficiary of the GIF award. When a first installment of approximately $25,900 was wire transferred from the City of Fort Smith to the associate’s bank account, the associate withdrew approximately $11,900 of the funds in a cashier’s check made payable to FFH Construction, Files’s construction company, and the rest in cash. The associate then hand-delivered the check and the cash to Files who, in turn, deposited the check into his personal bank account.
Files also admitted to submitting a materially false loan application in November 2016 as part of a scheme to secure approximately $56,700 from First Western Bank.
The FBI investigated the case. Trial Attorney Victor R. Salgado of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Kyra Jenner of the Western District of Arkansas are prosecuting the case.
Antioch, Tennessee Woman Sentenced to Six Years in Prison for Stolen ID Refund FraudRead the Press Release
An Antioch, Tennessee, woman was sentenced today to six years in prison for wire fraud and aggravated identity theft, announced U.S. Attorney Don Cochran for the Middle District of Tennessee and Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
Monique Ellis was convicted following a jury trial in October 2017 of wire fraud and aggravated identity theft. According to documents filed with the court and evidence presented at trial, in January and February 2012, Monique Ellis used stolen IDs, including those of prisoners held by the Alabama Department of Corrections, to file tax returns with the IRS seeking fraudulent refunds. Ellis directed the fraudulently obtained refunds to bank accounts that she controlled, causing a tax loss of $700,933.20.
In addition to the term of imprisonment, U.S. District Court Judge Gershwin A. Drain ordered Ellis to serve three years of supervised release. Restitution will be determined at a later date.
This investigation was conducted by the IRS Criminal Investigation. Assistant U.S. Attorney Henry Leventis and Trial Attorney Lauren Castaldi of the Tax Division prosecuted the case.
Another Guilty in Fort Hood Soldier Alien Smuggling CaseRead the Press Release
BROWNSVILLE, Texas – A 51-year old who had been illegally residing in Houston has entered a guilty plea to conspiracy to transport and harbor undocumented aliens and illegal re-entry after deportation, announced U.S. Attorney Ryan K. Patrick.
Victoriano Zamora-Jasso aka “Tata,” made an appearance today in federal court today on the eve of jury selection.
In early 2014, Zamora-Jasso began supplying aliens to Arnold Gracia, 47, from Harlingen. Gracia would then make arrangements with others to transport the aliens through the immigration checkpoint at Sarita. Gracia recruited Brandon Troy Robbins, 23, of San Antonio, Eric Alexander Rodriguez, 24, of Odem, Texas, Christopher David Wix, 23, of Abilene, and Yashira Perez-Morales, 27, from Watertown, New York – all then active duty soldiers stationed at Ft. Hood - to transport and deliver the aliens further north.
The conspiracy continued from approximately March to September of 2014. The soldiers would conceal the aliens under their military gear and made many successful trips during the course of the conspiracy.
Zamora-Jasso was indicted in 2016 and arrested after a traffic stop in Conroe in July 2017. Today, he admitted his involvement in the conspiracy and to being a previously convicted alien who returned after deportation in 2013.
Gracia and all the soldiers were previously sentenced in 2015 and 2016 with Gracia receiving a 73-month sentence while Robbins, Rodriguez, Wix and Perez-Morales received sentences of 20, 12 months, 12 months and a day and five years probation, respectively.
Sentencing for Zamora-Jasso is scheduled for May 9, 2018, before U.S. District Judge Rolando Olvera. At that time, he faces up to 10 years imprisonment and a possible $250,000 maximum fine.
He will remain in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigation conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorneys Oscar Ponce and Angel Castro are prosecuting the case.
Accountant Charged with Conspiring to Defraud the IRSRead the Press Release
BOSTON – John H. Nardozzi, a certified public accountant, was charged in an indictment unsealed today with assisting former State Senator Brian Joyce with preparing and filing false income tax returns.
Nardozzi, 66, of Waltham, was indicted on one count of conspiring to defraud the IRS and eight counts of aiding and assisting in the filing of false tax returns. Nardozzi will appear this afternoon in federal court in Worcester.
The indictment alleges that Nardozzi, Joyce’s accountant, secretly conspired with Joyce and others to defraud the IRS for tax years 2011 to 2014 by:
- Fraudulently deducting millions of dollars of personal expenses for Joyce as legitimate business expenses of Joyce’s corporation, Brian A. Joyce, Attorney at Law, P.C., (“BAJPC”);
- Fraudulently inflating self-employment income for Joyce and his spouse, by more than $2 million in order to maximize retirement plan contributions and falsely reduce taxable personal income;
- Fraudulently reporting a rollover of more than $400,000 in retirement savings when, in fact, it was a taxable event subject to early withdrawal penalties;
- Fraudulently deducting a corporate dividend of approximately $56,000 as a “legal expense” attributable to Joyce in order to falsely reduce the taxable income of BAJPC; and
- Fraudulently omitting a dividend of approximately $100,000 from Joyce’s personal tax return in order to reduce Joyce’s taxable income.
In addition to the conspiracy charge, the indictment also alleges that Nardozzi aided and assisted Joyce in preparing and filing false corporate and personal income tax returns between 2011 and 2014.
The charge of conspiracy to defraud the United States provides 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 aiding and assisting in filing a false tax return provides for a sentence of no greater than three years in prison, one year of supervised release and a fine of up to $100,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorneys William F. Bloomer and Dustin Chao of Lelling’s Public Corruption and Special Prosecutions Unit are prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Saturday 27 January 2018
Former Major at Angola Prison Convicted of Federal Obstruction Offenses in Connection with Beating of Handcuffed and Shackled InmateRead the Press Release
A former Major at Louisiana State Penitentiary (LSP) in Angola, Louisiana, was found guilty yesterday in federal court for conspiring to cover up the beating of a handcuffed and shackled inmate, and for writing a false report, falsifying official records, and lying under oath about what happened.
After four days of trial, a jury convicted Daniel Davis, 41, of Loranger, Louisiana, on four charges related to the cover up. The jury heard evidence that Davis and three other supervisory officers used excessive force against an inmate who was shackled and handcuffed. The other three officers -- former Captains James Savoy, 39, John Sanders, 30, and Scotty Kennedy, 49 -- had all previously pleaded guilty to various federal charges related to the beating and the conspiracy to cover it up. At Davis’s trial, two of the Captains testified for the government and described the abuse and the extensive obstruction of justice.
After hearing testimony over the course of three days, the jury convicted Davis on all four counts related to the cover up of the beating. The evidence showed that Davis and the other officers conspired to cover up an incident in which the officers had repeatedly punched, kicked, and stomped an inmate, causing serious injury including a bloody gash under his eye, a dislocated shoulder, broken ribs, and a collapsed lung. The extensive cover up included lying to investigators, writing false reports, and fabricating prison documents to provide a false alibi for some of the participants.
The jury convicted Davis of conspiring with other officers to obstruct justice; obstructing justice by writing a false report; obstructing justice by corruptly persuading his subordinates to lie; and committing perjury by lying under oath in a federal civil deposition. The jury acquitted Davis on one charge of violating the rights of the inmate by beating him, and failed to reach a unanimous verdict on a second charge related to the beating. The government has not announced whether it intends to re-try the defendant on the count for which there was no verdict.
“As a Major at Angola, defendant Davis had been entrusted with great power, which he grossly abused by perverting the justice system by lying, writing false reports, and using his influence to encourage others to lie,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Justice Department will continue to vigorously prosecute correctional officers who violate the public’s trust by committing crimes and to covering up violations of federal criminal law.”
“Justice was served today,” said Acting U.S. Attorney Corey R. Amundson. “Although most corrections officers are good and honest public servants doing an enormously challenging and important job, Defendant Davis chose instead to become a criminal himself. His actions were unjustifiable, intolerable, and criminal. Our office remains steadfast in holding accountable those who violate the federal criminal civil rights laws and this prosecution of four high-ranking Angola corrections officers should illustrate that point very clearly. I greatly appreciate the dedication and hard work of the FBI and the prosecutors from my office and the Civil Rights Division who handled this important matter.”
This case was investigated by the FBI’s Baton Rouge Resident Agency Office and was tried by Trial Attorneys Christopher J. Perras and Zachary Dembo of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Frederick A. Menner, Jr., of the Middle District of Louisiana.
Friday 26 January 2018
Wilmington, Delaware Man Charged with Attempting to Defraud Cisco and Microsoft out of over $4.5 Million Worth of Computer HardwareRead the Press Release
An Indictment[1] was returned today charging Justin David May, 28, of Wilmington, Delaware, with 24 counts of mail fraud, 16 counts of money laundering, 3 counts of interstate transportation of goods obtained by fraud, and 2 counts of tax evasion, announced Interim United States Attorney Louis D. Lappen.
The Indictment alleges that May perpetrated two separate schemes to defraud Cisco Systems Inc. and Microsoft. The Indictment alleges that in each scheme, May obtained serial numbers to valuable computer hardware, registered false domain names, obtained false email addresses, and submitted false warranty claims, pretending to own computer hardware that he did not to own and claiming that it was not working. The Indictment alleges that May provided the customer service representatives with descriptions of the non-existent defects that he knew they could not solve by troubleshooting and would require have to be replaced with new computer hardware. The Indictment alleges that May travelled from his home in Wilmington, Delaware, the FedEx stores in the Philadelphia area, as well as out of state in places such as Reno, Nevada, to pick up the fraudulently-obtained computer hardware, then travelled with it across state lines and sold it. The Indictment alleges that May laundered the fraud proceeds by cashing the checks at a check cashing business rather than depositing them in his bank account. The Indictment alleges that May attempted to obtain over $4,000,000 worth of Cisco products and successfully obtained well over $2,000,000 worth of Cisco products as a result of the scheme. The Indictment also alleges that May attempted to obtain over $600,000 worth of Microsoft hardware and successfully obtained over $300,000 of Microsoft hardware as a result of the scheme.
May faces a maximum sentence of 1,029 years’ incarceration, a five-year period of supervised release, a fine of $7,153,400, and restitution of at least $2,506,196. He also faces a likely advisory sentencing guideline range of somewhere between 135 and 168 months’ imprisonment.
The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division, and is being prosecuted by Assistant United States Attorney Michael S. Lowe.
[1] An Indictment or Information is an accusation. A defendant is presumed innocent unless and until proven guilty
Williamson County Resident Charged with Methamphetamine OffensesRead the Press Release
On January 17, 2018, a Williamson County man was indicted for methamphetamine offenses, United States Attorney for the Southern District of Illinois Donald S. Boyce announced today.
Benjamin A. Burns, 44, of Pittsburg, was charged in a two-count indictment charging conspiracy to distribute more than 50 grams of methamphetamine and distribution of methamphetamine. The indictment alleges that the offense occurred between April 2017, and January 2018, in Williamson and Jackson Counties. Burns made his initial appearance in federal court on January 19, 2018. At his January 24, 2018, detention hearing, Burns was ordered held without bond pending a March 12, 2018, jury trial.
The conspiracy offense carries a maximum penalty of 5-40 years of imprisonment, to be followed by four years of supervised release, and a $5,000,000 fine. The distribution offense carries a penalty of up to 20 years of imprisonment, to be followed by three years of supervised release, and a $1,000,000 fine.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The ongoing investigation is being conducted by the Southern Illinois Enforcement Group and the Drug Enforcement Administration. The Williamson County Sheriff’s Office, Pittsburg Police Department, and Williamson County States Attorney’s Office also assisted in the investigation.