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Friday 26 January 2018
Williamson County Man Charged with Federal Firearm ViolationRead the Press Release
On October 3, 2017, Reginald L. Cavitt, a/k/a "Reggie," 36, of Marion, was charged by one-count indictment with unlawful possession of a firearm by a felon, United States Attorney for the Southern District of Illinois Donald S. Boyce announced today. The indictment alleges that the offense occurred on June 28, 2017, in Williamson County. Cavitt made his initial appearance in federal court on January 23, 2018. He is currently being held without bond pending a January 30, 2018, bond hearing.
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 firearm offense carries a maximum penalty of up to ten years of imprisonment, to be followed by three years of supervised release, and a $250,000 fine.
The ongoing investigation is being conducted by the Marion Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The Williamson County State’s Attorney’s Office also assisted in the investigation.
Vermont Man Sentenced to 24 Years in Prison for Murder in Lower ManhattanRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that FRANK JENKINS was sentenced today 24 years in prison for shooting and killing Rashaun Nicholson on December 28, 2014, in furtherance of a narcotics distribution conspiracy. JENKINS pled guilty on February 14, 2017, before U.S. District Judge John G. Koeltl, who imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Frank Jenkins murdered Rashaun Nicholson while operating a New York-to-Vermont drug trafficking network, and it is fitting that he will be sentenced just a few short blocks from where he committed that terrible crime. We thank our law enforcement partners, both in New York and in Vermont, for their tireless efforts to bring Jenkins to justice.”
As alleged in the charging document, other documents previously filed in Manhattan federal court, and in statements made during court proceedings:
On December 28, 2014, in furtherance of a narcotics trafficking conspiracy, JENKINS shot and killed Rashaun Nicholson in the vicinity of 78 Catherine Street, New York, New York. The conspiracy involved the sale of crack cocaine, heroin, and marijuana. Specifically, between 2014 and 2015, JENKINS, together with other members of the conspiracy, obtained crack cocaine and heroin from locations in New York City, including Manhattan and the Bronx, and then transported the crack and heroin to Vermont, for distribution in and around Bennington, Vermont.
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In addition to the prison term, JENKINS, 24, of Bennington, Vermont, was sentenced to five years of supervised release.
Mr. Berman praised the outstanding investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New York City Police Department, the United States Marshals, the Vermont State Police, and the Bennington Police Department. Mr. Berman also thanked the United States Attorney’s Office for the District of Vermont for its assistance.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Hadassa Waxman, Michael Gerber, Andrew Adams, and Margaret Graham are in charge of the prosecution.
Upshur County woman admits to her role in a methamphetamine distribution operationRead the Press Release
ELKINS, WEST VIRGINIA – A Buckhannon, West Virginia woman has admitted today to maintaining a drug-involved place, United States Attorney Bill Powell announced.
Cassandra Tahj Riffle, also known as “Cassie Hickman,” age 31, pled guilty to one count of “Maintaining a Drug-Involved Premises.” Riffle admitted to using a place in Buckhannon to distribute and use methamphetamine. The crime occurred in Upshur County in May 2017.
Riffle faces up to 20 years incarceration and a fine of up to $1,000,000. 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. Magistrate Judge Michael John Aloi presided.
Upshur County man admits to his role in a gun theft and sale operationRead the Press Release
ELKINS, WEST VIRGINIA – A Buckhannon, West Virginia man has admitted today to carrying a firearm during a drug trafficking crime, United States Attorney Bill Powell announced.
Bobby Ray Johnson, Jr., age 27, pled guilty to one count of “Carry a Firearm During a Drug Trafficking Crime.” Johnson admitted to having a .40 caliber pistol during a drug trafficking crime in December 2016 in Upshur County.
Johnson faces up to five 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. Magistrate Judge Michael John Aloi presided.
United States Attorney Halsey B. Frank Recognizes National Slavery and Human Trafficking Prevention MonthRead the Press Release
Portland, Maine: In recognition of January as National Slavery and Human Trafficking Prevention Month, United States Attorney Halsey B. Frank released the following statement:
“The U.S. Attorney’s Office for the District of Maine (USAO) is committed to working with its law enforcement partners to investigate and prosecute those who use violence and intimidation to exploit the labor and services of vulnerable victims. The USAO also partners closely with a variety of non-governmental organizations to protect the safety and dignity of human trafficking victims. The USAO is committed to rescuing human trafficking victims and prosecuting traffickers.”
The District of Maine is one of six districts designated through a competitive, nationwide selection process as a Phase II Anti-Trafficking Coordination Team (ACTeam), through the interagency ACTeam Initiative of the Departments of Justice, Homeland Security and Labor. ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor, international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies.
For more information about the causes of and ways to address human trafficking, please see the human trafficking public awareness materials created by the Department of Justice’s Office for Victims of Crime, available at: https://ovc.ncjrs.gov/humantrafficking/publicawareness.html.
U.S. Attorney’s Office Hosts Roundtable on Sexual Harassment in HousingRead the Press Release
Roanoke, VIRGINIA – The United States Attorney’s Office for the Western District of Virginia and the Justice Department’s Civil Rights Division hosted a roundtable in Roanoke today for community organizations, United States Attorney Rick A. Mountcastle announced.
The event included representatives from legal aid offices, fair housing organizations, shelters, transitional housing providers, and local law enforcement agencies. Each organization was asked to attend because they often work with Roanoke’s vulnerable populations, clients of whom often become victims of sexual harassment in housing.
“The goal of today’s roundtable was to open a dialogue about sexual harassment in housing. This form of harassment, while not discussed as much as sexual harassment in the work place, can be just as pervasive and damaging to its victims,” U.S. Attorney Mountcastle said today. “We are proud to be one of the first districts in the country to hold this type of event and look forward to working with our community partners toward making progress in the future.”
While most people are familiar with the problem of sexual harassment in the workplace, harassment also occurs in the housing context, and the Fair Housing Act prohibits it. Sexual harassment by landlords, property managers, maintenance workers, and others with power over housing often affects the most vulnerable populations – single mothers, women who are financially unstable, and women who have suffered sexual violence in their past. And the victims often do not know where to turn for help.
The Justice Department brings cases each year involving egregious conduct, including allegations that defendants have exposed themselves sexually to current or prospective tenants, requested sexual favors in exchange for reduced rents or making necessary repairs, made unrelenting and unwanted sexual advances to tenants, and evicted tenants who resisted their sexual overtures.
In 2017, the Justice Department recovered for harassment victims more than $1 million in damages. Many instances of sexual harassment in housing continue to go unreported. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years or decades and identify numerous victims who never reported the conduct to federal authorities.
The Justice Department’s initiative seeks to identify barriers to reporting sexual harassment in housing, increase awareness of its enforcement efforts – both among victims and those they may report to – and collaborate with federal, state, and local partners to increase reporting and help women quickly and easily connect with federal resources. The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Division by calling (844) 380-6178 or emailing: [email protected].
Two Men Convicted of Engaging in Child Exploitation ConspiracyRead the Press Release
HARRISBURG – A Lemon Grove, California resident, and a Harrodsburg, Kentucky resident were convicted on January 25, 2018, on multiple child exploitation crimes, including conspiracy offenses, in Harrisburg, Pennsylvania after a seven-day jury trial before United States District Court Judge Yvette Kane, announced U.S. Attorney David J. Freed of the Middle District of Pennsylvania, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, and Deputy Executive Associate Director Derek Benner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI).
William Staples, 57, a resident of Harrodsburg, Kentucky, was found guilty of conspiracy to advertise child pornography; conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography.
Dylan Heatherly, 34, a student in Lemon Grove, California, was found guilty of conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography.
A sentencing date has not yet been scheduled.
“Yesterday’s verdicts mark the latest chapter in the Department’s unwavering commitment to targeting dangerous child sex offenders,” said Acting Assistant Attorney General Cronan. “The prosecution of the 15 individuals in this case, many of whom were responsible for the reprehensible sexual abuse of a six-year-old child on a live-streaming, video-conferencing platform, resulted in 15 fewer child predators on our streets. We will continue to work closely with our domestic and foreign law enforcement partners to identify and punish child sex offenders who seek to use technological means to commit their heinous crimes.”
“The production and distribution of child sexual abuse material is a horrific crime that can negatively affect victims for their entire lives,” said HSI Deputy Executive Associate Director Benner. “ICE agents are committed to aggressively investigating these crimes to ensure that child predators can’t maintain anonymity behind emerging online platforms and complicated criminal schemes.”
“Yesterday’s verdicts and the results in all of these prosecutions provide a stark reminder that criminals who would harm and exploit our children in the most devastating ways know no boundaries: local, state or national,” said United States Attorney Freed. “This case began with the sharp eyes of a Toronto police detective and involved local, state and federal law enforcement in an outstanding concerted effort to bring these predators to justice and save the lives of their victims. We owe a great debt to the dedicated law enforcement agents and prosecutors who have seen this case to a successful conclusion.”
According to trial evidence, between April 11, 2014 and May 11, 2016, Staples, Heatherly, and 12 co-conspirators located in different states worked together and with others to create a secure space on a video conferencing website where like-minded individuals could regularly live-stream videos of child pornography of prepubescent children, some as young as infants, to each other in an effort to minimize any evidence of such child pornography being located on their individual devices. In addition to streaming pre-recorded videos of child pornography, on July 22, 2015, an undercover Toronto Police Detective Constable observed a six-year-old child being sexually abused live via video conference for everyone in the secure space to see. Many individuals commented on and encouraged the sexual abuse of the child in real time. The following day, on July 23, 2015, law enforcement rescued the child and arrested co-conspirator William Augusta who had been sexually abusing the child.
In May 2016, 15 individuals were charged in an 18-count superseding indictment by a grand jury in the Middle District of Pennsylvania with multiple child exploitation offenses, many of which related to 14 co-conspirators’ involvement in using the video conferencing website to produce, advertise, distribute, and/or receive child pornography. Twelve of the defendants pleaded guilty prior to trial:
William Augusta, 21, a resident of Carlisle, Pennsylvania, pleaded guilty on Oct. 28, 2016, to each of the 13 counts with which he was charged, including multiple counts of production of child pornography involving two different children. On Oct. 31, 2017, Judge Kane sentenced Augusta to serve 60 years in prison to be followed by a lifetime of supervised release.
Scott Lane, 34, former Executive Director of Donor Relations and Fundraising Programs for Pace University, of Manhattan, pleaded guilty on Jan. 11, five days before trial was set to begin, to each of the six counts with which he was charged, including conspiracy to produce child pornography; aiding and abetting the production of child pornography; conspiracy to advertise child pornography; advertising child pornography; conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography. A sentencing date has not yet been scheduled.
Matthew Fensler, 25, a resident of Phoenix, Arizona, pleaded guilty on Jan. 4, 2017, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On July 27, 2017, Judge Kane sentenced Fensler to serve 35 years in prison to be followed by 15 years of supervised release.
David Sewell, 31, a resident of Ft. Lauderdale, Florida, pleaded guilty on Dec. 12, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On July 27, 2017, Judge Kane sentenced Sewell to serve 35 years in prison to be followed by 15 years of supervised release.
Moises Marquez, 30, a resident of San Diego, California, pleaded guilty on Sept. 28, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On June 28, 2017, Judge Kane sentenced Marquez to serve 30 years in prison to be followed by 15 years of supervised release.
Jason Bolden, 47, a resident of Duluth, Georgia, pleaded guilty on Dec. 14, 2016, to conspiracy to advertise child pornography. On July 26, 2017, Judge Kane sentenced Bolden to serve 30 years in prison to be followed by 10 years of supervised release.
Franklyn Molina, 35, a resident of Shippensburg, Pennsylvania, pleaded guilty on March 24, 2017, to conspiracy to advertise child pornography and to an Information separately charging receipt of child pornography. On Sept. 20, 2017, Judge Kane sentenced Molina to serve 195 months in prison to be followed by 15 years of supervised release.
Casey O’Dell, 34, a resident of Albuquerque, New Mexico, pleaded guilty on Dec. 14, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On Oct. 24, 2017, Judge Kane sentenced O’Dell to serve 40 years in prison to be followed by 15 years of supervised release.
James Reese, 59, a resident of Des Moines, Iowa, pleaded guilty on Oct. 28, 2016, to conspiracy to advertise child pornography. On Nov. 7, 2017, Judge Kane sentenced Reese to serve 20 years in prison to be followed by 10 years of supervised release.
Paul Stamm, 56, a resident of Cincinnati, Ohio, pleaded guilty on Jan. 4, 2017, to conspiracy to produce child pornography, a charge unrelated to the video conferencing website. On Sept. 28, 2017, Judge Kane sentenced Stamm to serve 30 years in prison to be followed by 15 years of supervised release.
Ed Westbury, 64, a resident of Lufkin, Texas, pleaded guilty on Dec. 8, 2016, to conspiracy to receive/distribute child pornography. On June 14, 2017, Judge Kane sentenced Westbury to serve 78 months in prison to be followed by 10 years of supervised release.
Christopher Wehr, 45, a resident of Duluth, Georgia, pleaded guilty on Jan. 23, 2017, to conspiracy to advertise child pornography. Wehr died prior to sentencing.
The remaining defendant, Bruce Edgecombe, 69, of Harvard, Illinois died before his case went to trial.
HSI, the Toronto Police Service, the Kentucky Attorney General’s Office, and the North Middleton Police Department investigated the case with assistance from CEOS’s High Technology Investigative Unit. Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Meredith Taylor of the Middle District of Pennsylvania are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
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Three Former Tellers at Elk City Bank Sentenced to Prison for $427,000 EmbezzlementRead the Press Release
Oklahoma City, Oklahoma – BREANNA LASHEA VINSON, 26, of Elk City, Oklahoma; SHANQUAIE STEVENSON, 27, of Weatherford, Oklahoma; and KAYLA RENE JACKSON, 27, of Elk City were sentenced yesterday to federal prison for conspiracy to embezzle funds from a federally insured bank, in connection with a $427,632.90 embezzlement from Great Plains National Bank ("GPNB") in Elk City, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
On August 17, 2017, Vinson, Stevenson, and Jackson pleaded guilty to separate one-count Informations charging them with conspiracy to embezzle funds from mid-2014 to 2016 at GPNB in Elk City. Vinson, Stevenson, and Jackson were GPNB tellers who had access to the bank’s cash vault. At their plea hearings, the defendants admitted that they routinely stole cash from GPNB’s vault or teller drawers, and they created false vault balancing sheets to conceal the missing cash. In October 2016, GPNB officials discovered that the vault and a teller drawer were missing $427,632.90. Jackson stopped working at GPNB in April 2016; Vinson and Stevenson were still employees of the bank when the cash shortage was discovered.
Yesterday, United States District Judge Vicki Miles-LaGrange sentenced Vinson and Stevenson each to 18 months in federal prison, followed by two years of supervised release. Judge Miles-LaGrange sentenced Jackson to one year and one day in federal prison, followed by two years of supervised release. In addition, the defendants were ordered to pay restitution to GPNB and an insurance company. Vinson was ordered to pay $317,432.90 in restitution, and Stevenson was ordered to pay $247,432.90 in restitution. Jackson was ordered to pay $157,432.90 in restitution. Judge Miles-LaGrange ordered $147,432.90 of each defendant’s restitution amount to be joint and several with the other defendants.
This case was the result of an investigation by the Federal Bureau of Investigation and the Federal Deposit Insurance Corporation—Office of Inspector General. Assistant U.S. Attorney Chris M. Stephens prosecuted the case.
Three Defendants Convicted in Securities Fraud InvestigationRead the Press Release
A New York stock promoter, a Colorado registered stock transfer agent, and a California securities attorney were recently convicted of securities fraud offenses. These cases pertain to a conspiracy to sell shares of fraudulently registered companies that could then be used for pump and dump and other stock manipulation schemes. To date, ten defendants have been convicted in connection with the investigation.
Randy A. Hummel, Executive Assistant United States Attorney, U.S. Attorney’s Office for the Southern District of Florida, Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Andrew W. Vale, Assistant Director in Charge, FBI, Washington Field Office, made the announcement.
John Ahearn, 56, of Erie, Colorado and formerly of Miller Place, New York, and Andrew H. Wilson, 69, of Nevada City, California, plead guilty on January 25, 2018, of conspiracy to unlawfully sell unregistered securities, in violation of 18 U.S.C. § 371, in Case No. 17-CR-20883-KMW. Each defendant faces a maximum statutory sentence of five years in prison and a fine up to $250,000 or double the proceeds of the offense. Sentencing is scheduled for Ahearn and Wilson on June 8, 2018, before U.S. District Judge Kathleen M. Williams.
Yelena Furman, 36, of New York, New York, plead guilty on January 23, 2018, of conspiracy to commit securities fraud, in violation of 18 U.S.C. § 1349 in Case No. 17-CR-2-713-CMA. Furman faces a maximum statutory sentence of 25 years in prison and a fine of up to $250,000 or double to proceeds of the offense. Sentencing is scheduled for Furman on April 25, 2018, before U.S. District Judge Cecilia M. Altonaga.
Seven other defendants were previously convicted in connection with this investigation: David Lubin, Case No. 17-20508-CR-MGC; Sheldon Rose and Ian Kass, Case No. 16-20706-CR-JEM; Steven Sanders and Alvin Mirman, Case No. 16-20572-CR-CMA; and, Daniel McKelvey and Jeffrey Lamson, Case No. 16-20546-CR-RNS.
According to court documents, from early 2007 through at least 2014, Sanders, McKelvey, Lubin and other conspirators would fraudulently create public companies, known as issuers, by filing documents with the SEC that falsely described the companies and their share ownership. These documents would indicate that the companies were controlled by a nominee, or straw chief executive officer (CEO). The straw CEO would be listed as the owner of the control block, or restricted shares, but in reality the companies were controlled by the principals. The principals would also create documents with the names of various shareholders for each company, to make it appear that these shares were owned by persons unaffiliated with the company. These shares would later be classified as unrestricted or “free trading.” Thereafter, the principals would sell the companies to criminal actors who would secretly obtain the control shares and the purported “free trading” shares, without disclosure to the SEC or the investing public. This would allow the buyers to engage in stock manipulation schemes using the purported “free trading” shares. According to documents filed in court, Furman, Ahearn and Wilson engaged in acts that furthered the conspiracy so that they could personally profit.
According to court filings, Lubin created Entertainment Art, Inc., (“EERT”) using false and fraudulent documents, and then sold it in approximately 2009 to Myron Gushlak (who also is charged in Case No. 17-CR-2-713-CMA). Gushlak was convicted in a separate securities fraud case in the Eastern District of New York and was sentenced to prison in November 2010. Shortly before he went to prison, Gusklak asked Sanders and others to sell the company and to provide the proceeds to himself and his then girlfriend, Furman.
According to court filings, Sanders, Furman and Lubin and other conspirators acted together to cause securities filings in the name of EERT, that falsely described the management of the company and its share structure.
According to court filings, Ahearn was the owner of Manhattan Transfer Registrar Co. (“Manhattan Transfer”), a stock transfer agent with offices in New York and Colorado. Ahearn became aware that the EERT shares were listed in the names of straw shareholders but were in fact controlled by undisclosed principals. In approximately October 2012, Ahearn assisted with the unlawful transfer of EERT shares to certain shell buyers, who changed the name to Biozoom, Inc. (“BIZM”) and, in May 2013, used the BIZM shares for a pump and dump stock swindle.
Wilson, according to court filings, was an attorney licensed to practice law in California who authored false and fraudulent legal opinion letters for EERT. These letters falsely stated that shares of the companies were owned by persons who were not “affiliates,” and were used by persons who acquired the shares to deposit them with brokers and unlawfully them to the investing public. In reality, Wilson took his direction from Sanders and another conspirator, McKelvey, whom Wilson came to learn secretely controlled the companies.
Furman, according to court filings, participated in the filing of certain fraudulent documents with the SEC for companies controlled by Gushlak. Furman also assisted Gushlak with taking certain elaborate steps to conceal funds transfers to herself, including in relation to EERT. Documents filed in court allege that, because Gushlak’s assets were frozen by the New York federal court, and he had been ordered to pay a $25 million fine and restitution of approximately $17.4 million, Gushlak, Furman, Sanders and others engaged in elaborate steps to hide and conceal the proceeds of the EERT stock sales. This included wiring funds to an intermediary in Switzerland and to an account controlled by Furman in New York that was used to pay Gushlak’s bills while he was in prison.
Mr. Hummel commended the investigative efforts and coordination of the FBI’s Miami Field Office and Washington Field Office. Mr. Hummel also thanked the SEC’s Miami Regional Office and Washington Home Office for their assistance. The SEC previously filed parallel civil enforcement actions related to this matter. These cases are being prosecuted by Assistant U.S. Attorney Jerrob Duffy.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Texas Man Pleads Guilty to Drug ConspiracyRead the Press Release
Gulfport, Miss – Rodolfo Ortuno, 26, of Houston, Texas, pled guilty today before U.S. District Judge Louis Guirola Jr. to conspiracy to possess with intent to distribute five kilograms or more of cocaine, a Schedule II controlled substance, announced U.S. Attorney Mike Hurst and Drug Enforcement Administration Special Agent in Charge Stephen G. Azzam.
On August 24, 2017, a Hancock County Sheriff’s Deputy stopped a vehicle driven by Ortuno for a traffic infraction. Upon making contact with Ortuno, the deputy recognized him from a previous stop in May, 2017. During the subsequent stop, the deputy located a large amount of U.S. currency from the vehicle driven by Ortuno. Thus, due to his previous experience with Ortuno and Ortuno’s nervous behavior, the deputy asked for consent to search. Ortuno provided consent to search the vehicle. During the search, the deputy located seven bundles wrapped in cellophane in a modified compartment. In total, Ortuno was traveling with 7,015 grams of cocaine.
Ortuno will be sentenced on April 25, 2018 at 1:30 p.m. by Judge Guirola, and faces a maximum penalty of life in prison and a $10 million fine.
The case was investigated by DEA Task Force Officer Howard O’Gwin and prosecuted by Assistant U.S. Attorney Kathlyn R. Van Buskirk.
Texas Man Charged with Threatening Mass Shooting at Steelers-Jaguars Playoff GameRead the Press Release
PITTSBURGH – Yuttana Choochongkol, aka Jason Manotham, 40, of San Antonio, Texas, has been arrested and charged in a criminal complaint with one count of transmitting interstate threatening communications, United States Attorney Scott W. Brady announced today.
According to the January 12, 2018, criminal complaint, defendant Yuttana Choochongkol sent three separate communications threatening a mass shooting aimed at Pittsburgh Steelers players and fans at Heinz Field during the January 14, 2018, Steelers AFC Divisional Round game against the Jacksonville Jaguars. Choochongkol is alleged to have communicated a threat of a mass shooting and suicide to KDKA-TV through their ‘Contact Us” internet portal on January 10, 2018, at 8:47 p.m. EST. He transmitted subsequent violent threats related to the Steelers playoff game through the Heinzfield.com “Contact Us” internet portal on January 10, 2018, at 8:26 p.m. EST and again on January 11, 2018, at 9:04 a.m. EST. Special Agents with the FBI-Pittsburgh’s Joint Terrorism Task Force were able to trace the originating address of the communications to a facility in San Antonio, Texas. FBI agents in San Antonio responded to that location and identified the individual who communicated the threats as Yuttana Choochongkol, aka Jason Manotham.
Choochongkol was arrested on January 12, 2018, in San Antonio, Texas. Today, a federal magistrate judge in the Western District of Texas granted the government’s request that Choochongkol be detained without bond pending trial in the Western District of Pennsylvania.
“Just days prior to 68,000 fans gathering at Heinz Field, the FBI worked rapidly to identify and arrest this defendant, who threatened mass violence against players and fans,” said U.S. Attorney Scott Brady. “We commend the FBI and Pittsburgh Bureau of Police for their exceptional work in the arrest of Choochongkol, which averted a potential disaster. The safety and protection of the citizens of Western Pennsylvania remains our highest priority.”
The law provides for a maximum sentence of five years in prison and a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Paul Hull is prosecuting this case. The Federal Bureau of Investigation, aided by the Pittsburgh Bureau of Police, conducted the investigation that led to the complaint against Choochongkol. The United States Attorney’s Office for the Western District of Texas is also assisting in the prosecution of this case.
A criminal complaint is only a charge and is not evidence of guilt. A defendant may not be prosecuted unless, within 30 days, a grand jury has found probable cause to believe that he is guilty of an offense.
Tennessee Couple and Utah Pharmacy Indicted for $65 Million Tricare FraudRead the Press Release
Assistant U. S. Attorneys Benjamin J. Katz and Mark W. Pletcher (619) 546-9604 and (619) 546-9714
NEWS RELEASE SUMMARY – January 26, 2018
SAN DIEGO – Jimmy Collins and Ashley Collins, a married couple living in Cleveland, Tennessee were arraigned in federal court today on charges that they operated a health care fraud scheme that bilked TRICARE – the health care program that covers United States service members, retirees, and their dependents – out of more than $65 million in pharmacy reimbursement funds.
According to the indictment, Jimmy and Ashley Collins conspired with CFK, Inc., the owner of The Medicine Shoppe, a pharmacy based in Bountiful, Utah, to submit fraudulent claims for compounded medications mailed mainly to active duty Marines and Sailors based in the Southern District of California.
“San Diego is a military town. This indictment sends a message to those who seek to defraud the Department of Defense out of the dollars meant to care for our military members and their families: Fraudsters will be held accountable here,” said U.S. Attorney Adam L. Braverman.
“The theft of military health care dollars directly harms the U.S. Government and our warfighters and will not be tolerated,” said Michael Mentavlos, Special Agent in Charge, Southwest Field Office, Defense Criminal Investigative Service. “Today's indictment demonstrates that DCIS, in partnership with NCIS, IRS, and the FBI, will aggressively pursue those who seek to steal Department of Defense resources.”
“Fraud is criminal abuse of the system that siphons resources away from the American warfighter, said Todd Battaglia, Special Agent in Charge of the NCIS Field Office at Camp Pendleton. “NCIS will continue to work with our law enforcement partners to hold responsible those who would defraud our nation to line their own pockets.”
Compounded medications are specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Although compounded drugs are not approved by the Food and Drug Administration (FDA), they are properly prescribed when a physician determines that an FDA-approved medication does not meet the health needs of a particular patient, such as if a patient requires a particular dosage or application or is allergic to a dye or other ingredient.
According to the indictment, between October 2014 and July 2015, Jimmy and Ashley Collins operated a network of recruiters working to induce TRICARE beneficiaries to obtain compounded medications, which cost an average of more than $14,500 per medication per month, from The Medicine Shoppe. To induce TRICARE beneficiaries to sign up to receive these compounded medications, recruiters working for the Collinses were told to inform potential beneficiaries that they would be paid to evaluate the medications as part of an ongoing medical study. In reality, no study was taking place, the indictment said.
Once a recruiter convinced a TRICARE beneficiary to sign up to receive the compounded medications, the straw beneficiary’s information was sent to Choice MD, a Tennessee medical clinic co-owned and operated by the Collinses. Doctors employed by the Collinses at Choice MD then wrote prescriptions for the TRICARE beneficiaries, despite never examining the patients in person. Once signed by the doctors, these prescriptions were not given to the straw beneficiaries, but sent directly to The Medicine Shoppe or related pharmacies, which filled the prescriptions and billed TRICARE at exorbitant prices.
Between December 2014 and May 9, 2015 – the day that TRICARE stopped reimbursing for compounded medications – doctors working for the Collinses authorized 4,442 prescriptions that were filled at The Medicine Shoppe. The Medicine Shoppe billed TRICARE $65,679,512 for these prescriptions.
The owners of The Medicine Shoppe then paid kickbacks to the Collinses based on the number of prescriptions referred by the Collinses recruiter network. Between February and July 2015, these kickback payments to the Collinses totaled at least $45.7 million dollars. The Collinses, in turn, paid kickbacks to the recruiters working as part of their network. Six of these kickback payments, including one for more than $1.4 million, form the basis for the six counts of Payment of Illegal Remuneration brought against Jimmy and Ashley Collins in the indictment.
The indictment also includes a lengthy list of forfeitable funds, property, and items purchased by the Collinses with the proceeds of the scheme. Included among these items is an 82-foot yacht, multiple luxury vehicles (including two Aston-Martins), dozens of pieces of farm equipment and tractor-trailer trucks, and three pieces of Tennessee real estate.
Jimmy and Ashley Collins were arraigned today in the Eastern District of Tennessee. Their next court appearance is on February 2, 2018 in San Diego, before Magistrate Judge William J. Gallo.
DEFENDANTS Case Number 18-cr-0432-JLS
Jimmy D. Collins Age: 53 Cleveland, TN
Ashley Collins Age: 31 Cleveland, TN
CFK, Inc. Utah based corporation
SUMMARY OF CHARGES
Count 1:
Conspiracy to Commit Health Care Fraud – Title 18, U.S.C § 1349
Maximum penalty: 10 years’ imprisonment and fine of higher of $250,000 or double loss amount
Counts 2-7:
Illegal Payment of Remuneration – Title 42 U.S.C. § 1320(a)-7b(b)(2)
Maximum penalty (per count): 5 years’ imprisonment; $250,000 fine
AGENCY
Defense Criminal Investigative Service
Naval Criminal Investigative Service
IRS Criminal Investigation Division, Gulfport, MS
Federal Bureau of Investigation - Jackson, MS Field Office
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Teenage Defendant Sentenced to Five-Year Prison Term for Armed Robbery on Metrorail TrainRead the Press Release
WASHINGTON – Daeyon Ross, 16, of Washington, D.C., has been sentenced to five years in prison for robbing two people at knife-point last summer on a Metrorail train, announced U.S. Attorney Jessie K. Liu, Ron Pavlik, Chief of the Metro Transit Police, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Ross, who was charged as an adult because of the nature of the crime, pled guilty in August 2017, in the Superior Court of the District of Columbia, to a charge of armed robbery. The plea called for an agreed-upon sentence of five to six years in prison. The Honorable Thomas J. Motley accepted the plea and sentenced Ross accordingly on Jan. 25, 2018. The judge sentenced Ross to a total of six years in prison, but suspended all but five years of that time. Following his prison term, Ross will be placed on five years of supervised release.
In a separate case, Ross pled guilty on Jan. 25, 2018 to another robbery, this one of victims he followed off a Metrobus in Southeast Washington.
The sentencing involved a robbery on June 21, 2017. According to the government’s evidence, at about 11:15 a.m., Ross and other individuals were on a Green line Metro train that was approaching the Georgia Avenue-Petworth station in Northwest Washington. Ross approached one victim, brandished a knife, and robbed him of his iPhone. The victim’s brother tried to help, and he was robbed of his iPhone, too. Metro Transit Police detectives reviewed surveillance footage and the investigation led to Ross’s arrest on June 29, 2017.
The guilty plea involved a robbery on June 7, 2017. According to the government’s evidence, at about 3 p.m., Ross and three others followed three victims off a Metrobus in the area of 44th and H Streets SE. Ross brandished a handgun and stated, “Be quiet and empty your pockets!” The victims turned over their iPhones to Ross’s accomplices.
Ross pled guilty to a robbery charge for the June 7 offense. The plea, which is contingent upon the Court’s approval, calls for a two-year prison term. The Honorable Robert A. Salerno scheduled sentencing in that case for June 29, 2018.
In announcing the sentence and plea, U.S. Attorney Liu, Chief Pavlik, and Chief Newsham commended the work of those who investigated the cases from the Metro Transit Police and the Metropolitan Police Department. They also expressed appreciation for the assistance provided by Assistant U.S. Attorney Jennifer Kerkhoff and the Violent Repeat Offender Unit of the U.S. Attorney’s Office. Finally, they commended the efforts of Assistant U.S. Attorney Rizwan A. Qureshi, who prosecuted the matter.
Sumter Video Poker Operator Pleads Guilty to Gambling and Tax ViolationsRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Terry Land, of Sumter, South Carolina, has entered a guilty plea in federal court in Columbia, South Carolina, to tax evasion, a violation of 26 U.S.C. § 7201. Additionally, Land entered a guilty plea to operating a gambling business, in violation of 18 U.S.C § 1955. Senior United States District Judge Joseph F. Anderson, of Columbia, accepted the guilty plea and will impose sentence after Judge Anderson 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 Land became a target of an investigation due to a public corruption investigation that involved the video poker industry. The investigation revealed that several video poker companies were operating in and around the midlands, with Terry Land being involved with Lucky’s Cyber Center, Gamecock I, and Gamecock II. The investigation into these businesses found that Land had never filed any taxes as related to these businesses, in an interview he confessed. Moreover, the investigation found that Land would deposit money from his gambling business into his roofing business; that he failed to keep records of the money the gambling businesses made, and dealt solely in cash in operating the gambling business. A calculation of the criminal tax owing is $17,264, $36,918, and $4,221 for tax years 2011, 2012 and 2013 – totaling $58,304.
The gambling business operated machines in numerous locations over the period of time from 2011 to 2014. The purveyors of the different locations received a portion of the winnings of the machines. The machines that were operated are in violation of State gambling statute. Mrs. Drake stated the maximum penalty for tax evasion is imprisonment for 5 years and/or a fine of $100,000, and the maximum penalty for operating a gambling business is imprisonment for 5 years and/or a fine of $250,000.The case was investigated by agents of the FBI, IRS-CID, SLED, and the South Carolina Attorney General's Office. Assistant United States Attorneys Jim May and Jay Richardson of the Columbia Office are prosecuting the case.
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Stoughton Man Sentenced to Eight Years for Cocaine TraffickingRead the Press Release
BOSTON – A Stoughton man was sentenced today in federal court in Boston for his role in a cocaine distribution operation in the South Shore.
Angel Morales, 46, was sentenced by U.S. District Court Judge Denise J. Casper to eight years in prison and three years of supervised release. In September 2017, Morales pleaded guilty to one count of conspiracy to possess with intent to distribute and distribution of cocaine, one count of possession with intent to distribute cocaine, and one count of being a felon in possession of a firearm.
From late February 2016 until July 19, 2016, Morales conspired with co-defendant Roberto Fonseca-Rivera, 46, of Roslindale, and others to distribute cocaine in Canton, Stoughton, Randolph, Quincy, and Weymouth. Morales asked Fonseca-Rivera to receive packages containing cocaine that were being shipped from Puerto Rico to locations in Randolph and Canton, where Fonseca-Rivera had rented private mailboxes. Fonseca-Rivera received at least eight packages from Puerto Rico and delivered them to Morales, who paid Fonseca-Rivera for receiving the cocaine. Morales had a similar arrangement with another individual who also received packages of cocaine on behalf of Morales. Morales and Fonseca-Rivera then distributed the cocaine to other individuals.
On July 19, 2016, law enforcement agents executed a search warrant at Morales’ apartment in Stoughton. During the search, agents seized approximately $11,000 in cash, more than 100 grams of cocaine, a firearm with an obliterated serial number, and two magazines containing 15 rounds of ammunition each, a box containing an additional 10 rounds of ammunition, and various drug trafficking paraphernalia.
Fonseca-Rivera pleaded guilty on Sept. 11, 2017, and is scheduled to be sentenced on April 26, 2018.
United States Attorney Andrew E. Lelling; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent, Massachusetts State Police; and Stoughton Police Chief Donna McNamara made the announcement today. Assistant U.S. Attorneys James E. Arnold and Craig E. Estes of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
St. Lawrence County Man Sentenced for Clean Water Act CrimesRead the Press Release
SYRACUSE, NEW YORK - Michael J. Ward, age 54, of Gouverneur, New York, was sentenced today in federal court in Binghamton to serve a 3 year term of probation, perform 200 hours of community service, and pay a $1,000 fine, after previously pleading guilty to three felony counts of violating the Clean Water Act, announced United States Attorney Grant C. Jaquith, Tyler Amon, Special Agent in Charge of the U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) in New York, New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggios and Joseph Schneider, DEC Director of Law Enforcement.
In previously pleading guilty, Ward admitted that between January 2013 and September 2015, while employed as the Technical Director in charge of environmental compliance at the APC Paper Group paper mill in Norfolk, New York, he caused the paper mill to violate its Clean Water Act permit by discharging wastewater containing excessive levels of biochemical oxygen demand (“BOD”) into the Raquette River. BOD is the amount of dissolved oxygen necessary for microorganisms in the water to break down organic material. BOD levels also provide an index for measuring the effect discharged wastewater will have on the body of fresh water receiving it. In this case, the paper mill’s Clean Water Act permit restricted the amount of BOD that could be discharged through wastewater.
As part of his guilty plea, Ward admitted that he concealed and falsified data regarding the BOD levels in the mill’s wastewater discharges, thus allowing the mill to violate its Clean Water Act permit on a regular basis. Additionally, he repeatedly falsified monthly reports to the DEC to hide the continuing Clean Water Act violations. The defendant’s illegal conduct was discovered after APC Paper Group terminated his employment for unrelated reasons in the fall of 2015.
This case was investigated by the United States EPA-CID and the New York State DEC, Division of Law Enforcement and Bureau of Environmental Crimes Investigation Unit (BECI), and was prosecuted by Assistant U.S. Attorney Michael F. Perry.
Shreveport man pleads guilty to possessing pistol after being arrested for a felonyRead the Press Release
SHREVEPORT, La. – United States Attorney Alexander C. Van Hook announced that a Shreveport man pleaded guilty Thursday to possessing a pistol even though he was a convicted felon.
Alvin Kincerely Law Jr., 30, of Shreveport, pleaded guilty before U.S. District Judge Elizabeth E. Foote to one count of possession of a firearm by a convicted felon. According to the guilty plea, a Shreveport Police officer conducted a traffic stop on a red pickup truck Law was driving on June 26, 2017. Before the truck came to a stop, the officer saw a black object being tossed out of the driver’s side window. The firearm was later retrieved and was found to be a Lorcin, Mira Loma, CA, USA, model: L380, .380 caliber pistol. Law has a 2011 felony conviction for possession of marijuana, fourth offense and cannot legally possess a firearm.
Law faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set a sentencing date of May 8, 2018.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safe for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Session announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The ATF and Shreveport Police Department conducted the investigation. Assistant U.S. Attorney Brandon B. Brown is prosecuting the case.
Sentencings for January 22 - January 26, 2018Read the Press Release
Joshua Kaleb Woodall, 43, of Aurora, Colorado was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on January 22, 2018 for possession with intent to distribute methamphetamine. Woodall was arrested on I-25 near Douglas, Wyoming. He received 60 months of imprisonment, to be followed by five years of supervised release, and was ordered to pay restitution in the amount of $500.00 and a $100.00 special assessment. This case was investigated by the Converse County Sheriff’s Office, the Wyoming Highway Patrol, and the Wyoming Division of Criminal Investigation.
Sadie Marie McKenna, 37, of Murray, Utah was sentenced by Federal District Court Judge Alan B. Johnson on January 26, 2018 for conspiracy to distribute methamphetamine . McKenna was arrested in Rock Springs, Wy. She received 78 months of imprisonment, to be followed by five years of supervised release, and was ordered to pay restitution in the amount of $500.00. This case was investigated by the Sweetwater County Sheriff’s Office and the Wyoming Division of Criminal Investigation.
Joseph Gant, 35, with no fixed address, was sentenced by Federal District Court Judge Alan B. Johnson on January 26, 2018 for conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. Gant was arrested in Casper, Wyoming. He received 121 months of imprisonment, to be followed by five years of supervised release, and was ordered to pay $200.00 in special assessment. This case was investigated by the Wyoming Highway Patrol and the Wyoming Division of Criminal Investigation.
Second Superseding Indictment Filed Against New Orleans Resident Charging Drug, Firearm, and Financial CrimesRead the Press Release
U.S. Attorney Duane A. Evans announced that a federal grand jury has returned a six-count Second Superseding Indictment charging DWIGHT ALEXANDER, age 46, of New Orleans, with one count of conspiring to traffic 1 kilogram or more of heroin and 5 kilograms or more of cocaine hydrochloride; two counts of distributing a quantity of heroin; one count of possessing a firearm in furtherance of his drug trafficking; one count of being a felon in possession of a firearm; and one count of structuring.
U.S. Attorney Evans reiterated that the Second Superseding Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted of the heroin and cocaine conspiracy, ALEXANDER faces a mandatory minimum sentence of 20 years in prison, a maximum life sentence, a fine of not more than $20,000,000, and at least 10 years of supervised release. If convicted of either count of distributing heroin, ALEXANDER faces a maximum sentence of 20 years in prison, a fine of not more than $1,000,000, and at least 3 years of supervised release. If convicted of possessing a firearm in furtherance of drug trafficking, ALEXANDER faces a mandatory minimum sentence of 5 years in prison, a maximum life sentence, a fine of not more than $250,000, and not more than 5 years of supervised release. If convicted of being a felon in possession of a firearm, ALEXANDER faces a maximum sentence of 10 years in prison, a fine of not more than $250,000, and not more than 3 years of supervised release. And if convicted of structuring, ALEXANDER faces a maximum sentence of 10 years in prison, a fine of not more than $250,000, and not more than 3 years of supervised release.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration, Kenner Police Department, and Border Patrol in investigating this matter. Assistant United States Attorneys Brandon S. Long and Theodore Carter are responsible for the prosecution.
Schuele Boys Gang Member Pleads Guilty to Cocaine ConspiracyRead 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 Schuele Boys Gang member Antwon Steward, a/k/a Stacks, 34, of Buffalo, NY, pleaded guilty to conspiracy to distribute 500 grams or more of cocaine, before U.S. District Judge Richard J. Arcara. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorneys Wei Xiang and Scott Allen, who are handling the case, stated that Steward admitted to participating in a cocaine distribution operation with co-defendant Michael Robertson, a/k/a Bones. Among the defendant’s roles was cooking powder cocaine into “crack” for Robertson. Steward and Robertson also shared supplies of cocaine, locations for storing and selling cocaine, and customers. The investigation utilized court-ordered interceptions of wire and electronic communications between Robertson, the defendant, and customers. Robertson was previously convicted and sentenced to 97 months in prison.
Steward was one of 28 Schuele Boys Gang members, associates and other individuals arrested and convicted in this case. The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, was responsible for multiple acts of violence, including murder, and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
The plea is the result of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.Sentencing is scheduled for May 8, 2018, at 1:00 p.m. before Judge Arcara.
Sacramento Resident Sentenced to over Seven Years in Prison After Committing Four Armed Bank RobberiesRead the Press Release
OAKLAND – Clayton Quiz Smith was sentenced today to 87 months in prison for the armed robbery of three banks in the East Bay and one bank in Folsom, Calif., announced Acting United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence was handed down today by the Honorable Jon S. Tigar, U.S. District Judge.
Smith, 45, from Sacramento, pleaded guilty on October 6, 2017, to four separate counts of armed bank robbery. According to the plea agreement, Smith began the robbery spree on February 6, 2017, when he robbed a bank in San Ramon. Smith admitted he entered a bank wearing a jacket, hooded sweater, beanie, and gloves, and was carrying a black laptop bag. He placed the bag on the counter in front of the bank tellers and removed from his pocket what appeared to be a small silver pistol. Smith displayed the apparent pistol to a teller and demanded the $100 bills and $20 bills from the teller’s drawer. Smith escaped with $7,434.
Smith committed a second armed robbery at the same bank in San Ramon on March 21, 2017. He encountered the same victim whom he forced to accompany him out of the bank on February 6, 2017. This time, Smith pointed the object that appeared to be a revolver toward the victim and demanded the bills from her drawer. Smith escaped with $3,500.
According to the plea agreement, Smith admitted he committed two additional armed robberies—one on April 4, 2017, and the other on April 20, 2017. During the April 4 robbery, Smith brandished what appeared to be a 6-inch silver-colored blade at a Concord, Calif. bank. Smith repeatedly yelled, “Hands up!” while brandishing the knife. He told two tellers to give him the money in their drawers and ordered them not to pull any alarms until he left. Smith escaped with $5,275. Similarly, during the April 20 robbery, Smith entered a bank in Folsom, Calif., wielding what appeared to be a steak knife. Smith approached the four tellers on duty, pointing the object at the first victim. Smith told the victim, “Don’t call the cops. Don’t set off any alarms. Take the money and set it down on the counter.” He stole a total of $11,895 from the drawers of the four tellers on duty that day.
Smith was charged in an Information filed August 16, 2017, with four counts of armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d). Pursuant to his plea agreement, Smith pleaded guilty to all four counts.
In addition to the prison term, Judge Tigar also sentenced the defendant to a five-year period of supervised release and ordered him to pay $28,104 in restitution. Smith has been in custody since his arrest on May 4, 2017, and will begin serving his sentence immediately.
Assistant U.S. Attorney Christina McCall is prosecuting the case with the assistance of Vanessa Quant and Noble Hughes. The prosecution is the result of an investigation by the Federal Bureau of Investigation, the San Ramon Police Department, the Concord Police Department, and the Folsom Police Department.
Ringleader Sentenced in Credit Card Fraud and ID Theft SchemeRead the Press Release
ALEXANDRIA, Va. – A Portsmouth man was sentenced today to nine years in prison for his role as a ringleader in a credit card fraud and identity theft scheme.
According to court documents, Travon Williams, 33, organized and led a conspiracy where over two and a half years, members purchased thousands of stolen credit and debit card numbers from blackmarket websites, encoded those stolen numbers onto fraudulent credit cards, and then used those cards to buy merchandise including gift cards and cartons of cigarettes.
During the conspiracy, the group made hundreds of thousands of dollars in cash from selling cigarette cartons to buyers from New York City, who drove down to Northern Virginia to transport the cigarettes. Williams himself obtained $415,000 in proceeds.
Williams is one of 12 defendants who was arrested in this case in August 2017, all of whom have pleaded guilty for their roles in this scheme. Co-defendant Rodriguez Norman has also pleaded guilty to participating in an organized dog-fighting conspiracy. Williams is the sixth defendant to be sentenced, as shown below:
Name, Age
Hometown
Convictions
Sentence
Travon Williams, 33
Portsmouth
Conspiracy to Commit Bank and Wire Fraud, Conspiracy to Traffic in Contraband Cigarettes, Aggravated Identity Theft
108 months
Jamar Johnson, 31
Portsmouth
Conspiracy to Commit Bank and Wire Fraud, Aggravated Identity Theft
84 months
Ashley Carrillo Howell, 34
Bowie, Maryland
Conspiracy to Commit Bank and Wire Fraud, Aggravated Identity Theft
70 months
Ronnie Beale, 33
Fort Washington, Maryland
Conspiracy to Commit Bank and Wire Fraud
14 months
Ryan McNeil, 32
District Heights, Maryland
Conspiracy to Commit Bank and Wire Fraud
14 months
Denae Horton, 25
Chesapeake
Conspiracy to Commit Bank and Wire Fraud
2 months
Eugene Cuffee, 34
Norfolk
Conspiracy to Commit Bank and Wire Fraud
February 2
Nathaneal Williams, 25
Manassas
Conspiracy to Commit Bank and Wire Fraud, Conspiracy to Traffic in Contraband Cigarettes, Aggravated Identity Theft
February 16
Gentle Tyson, III, 33
Virginia Beach
Conspiracy to Commit Bank and Wire Fraud, Aggravated Identity Theft
February 23
Rodriguez Norman, 31
Temple Hills, Maryland
Conspiracy to Commit Bank and Wire Fraud, Conspiracy to Traffic in Contraband Cigarettes, Aggravated Identity Theft; &
Conspiracy to Engage in an Animal Fighting Venture
March 16
Marvin Mitchell, 33
Virginia Beach
Conspiracy to Commit Bank and Wire Fraud, Aggravated Identity Theft
March 23
Ebony Coe, 29
Virginia Beach
Conspiracy to Commit Bank and Wire Fraud, Aggravated Identity Theft
March 23
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema. Assistant U.S. Attorneys Maya D. Song, Whitney Russell, and Katherine Rumbaugh prosecuted the case.
The Manassas Park Police, Fairfax County Police, and Arlington County Police provided significant assistance during this investigation.
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 Nos. 1:17-cr-214, 226, 227, 240, 252, 251, 254, 312.
Randolph County Resident Pleads Guilty to Methamphetamine OffenseRead the Press Release
On January 26, 2018, Jason M. Stoker, 35, of Chester, pled guilty to a one-count indictment charging conspiracy to distribute more than 50 grams of methamphetamine, the United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today. The offense occurred between June 2016 and October 31, 2016, in Randolph County. The methamphetamine offense carries a maximum penalty of ten years to life imprisonment, to be followed by at least five years of supervised release, and a $10,000,000 fine. Stoker is currently being held without bond pending a May 11, 2018, sentencing hearing.
The investigation was conducted by the Randolph County Sheriff’s Office, Jackson County Sheriff’s Office, Chester Police Department, Illinois State Police, Cape Girardeau, Missouri Police Department, St. Louis Metropolitan Police Department, United States Marshals Service, and Drug Enforcement Administration. The Randolph County State’s Attorney’s Office also assisted in the investigation. The case is assigned to Assistant United States Attorneys Amanda A. Robertson and Adam E. Hanna for prosecution.
Orlando Man Sentenced to Prison for Trafficking in Counterfeit Headphones, Cellphone Cases, Perfume, and Fashion AccessoriesRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Nadim Afif El-Kareh (56, Orlando) to one year and one day in federal prison for trafficking in counterfeit goods. The Court also imposed a forfeiture money judgment in the amount of $264,408.80, which constitutes the proceeds of the offense, and restitution of $376.57 to Gucci, for the costs of its involvement in the investigation. El-Kareh pleaded guilty on February 23, 2017.
According to court documents, from 2013 through at least 2016, El-Kareh sold counterfeit cellphone accessories, perfume, jewelry, and electronic goods out of rented storage units and at the Webster Flea Market. In April 2016, federal agents seized approximately 10,950 counterfeit items with an estimated domestic value of approximately $224,510 from El-Kareh’s storage units. These counterfeit goods bore false labels from companies such as Beats by Dr. Dre, Otter Box, Gucci, and Michael Kors. El-Kareh imported many of these items from China and purchased others from counterfeit goods traffickers in New York City. Agents determined that from in or approximately January 2015 through April 2016, El-Kareh earned at least $264,000 from his illegal sales.
“Criminals who sell counterfeit goods siphon trade away from legitimate businesses that create jobs and support our local economy," said HSI Tampa Special Agent in Charge James C. Spero. “This crime harms all of us in the long run."
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Megan K. Kistler.
Nigerian Man Extradited from South Africa for Participating in Business Email Compromise ScamsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today that ONYEKACHI EMMANUEL OPARA was extradited from South Africa. In December 2016, OPARA was arrested in South Africa on the basis of a provisional arrest warrant for participating in fraudulent business email compromise scams that targeted thousands of victims around the world, including the United States. Collectively, the scams attempted to defraud millions of dollars from victims. OPARA arrived in the Southern District of New York this morning, and will be presented today in Manhattan federal court before U.S. Magistrate Judge Andrew J. Peck. Co-defendant David Chukwuneke Adindu was previously sentenced to 41 months in prison for participating in the business email compromise scams.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, Onyekachi Opara attempted to dupe thousands of victims into transferring money to him and his co-defendant in a phony email scheme. Today’s extradition shows that defendants who allegedly target American victims from a distance are nonetheless subject to the reach of American justice.”
FBI Assistant Director William F. Sweeney Jr. said: “Technology changes daily, so do the tactics used by scammers to prey on unsuspecting victims. This case and others we are aggressively investigating every day prove, regardless of these criminals efforts to disguise their illegal activity, we won’t stop pursuing them. FBI New York Cyber Crime agents and our law enforcement partners will search out suspects in these cases, even reaching internationally, to stop the next victims from losing their money.”
According to the allegations in the Indictment unsealed today in Manhattan federal court:[1]
Between 2014 and 2016, OPARA and Adindu participated in Business Email Compromise scams (“BEC scams”) targeting thousands of victims around the world, including in the United States. As part of the BEC scams, emails were sent to employees of various companies directing that funds be transferred to specified bank accounts. The emails purported to be from supervisors at those companies or third party vendors that did business with those companies. The emails, however, were not legitimate. Rather, they were either from email accounts with a domain name that was very similar to a legitimate domain name, or the metadata in the emails had been modified so that the emails appeared as if they were from legitimate email addresses. After victims complied with the fraudulent wiring instructions, the transferred funds were quickly withdrawn or moved into different bank accounts. In total, the BEC scams attempted to defraud millions of dollars from victims.
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OPARA, 29, of Lagos, Nigeria, is charged in an Indictment with one count of conspiracy to commit wire fraud and one count of wire fraud, each of which carries a maximum sentence of 20 years in prison.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. The case is assigned to U.S. District Judge Paul A. Crotty.
Mr. Berman praised the investigative work of the FBI. Mr. Berman also thanked Oath’s E-Crime Investigations Team, the National Prosecuting Authority for South Africa, the South African Police Service, the United States Marshals Service, and the Department of Justice’s Office of International Affairs, and noted that the investigation is continuing.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Andrew K. Chan and Daniel Loss are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
New Britain Man Sentenced to More Than 5 Years in Federal Prison for Supplying Crack to Hartford GangRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MICHAEL CHAPMAN, also known as “Nice” and “Mizzo,” 26, of New Britain, was sentenced today by Chief U.S. District Judge Janet C. Hall in New Haven to 66 months of imprisonment, followed by five years of supervised release, for supplying crack cocaine to a Hartford drug trafficking organization.
According to court documents and statements made in court, this matter stems from a joint law enforcement investigation headed by the Federal Bureau of Investigation’s Northern Connecticut Violent Crimes Task Force and the Hartford Police Department’s Vice and Narcotics Division targeting gang violence and narcotics trafficking in Hartford’s Parkville neighborhood, and related overdoses. The investigation specifically targeted criminal activity being committed by members and associates of the Orange Street Killas (OSK), which operated principally in the area of Orange, Cherry and Arbor Streets. The investigation followed a series of reports of shots fired in the area, and a homicide that was committed on Cherry Street in October 2015. The prosecution was built on court-authorized wiretaps, controlled purchases of narcotics and physical and video surveillance, all of which revealed that OSK members acquired heroin and crack cocaine and then sold the narcotics on the streets of Hartford.
The investigation revealed CHAPMAN converted cocaine to crack cocaine and supplied the drug to the OSK drug trafficking organization for street sale.
On February 10, 2017, investigators arrested CHAPMAN and several of his codefendants. On that date, a search of CHAPMAN’s New Britain residence revealed a firearm and a quantity of crack.
CHAPMAN has been detained since his arrest. On November 3, 2017, he pleaded guilty to one count of conspiracy to possess with intent to distribute 28 grams or more of cocaine base (“crack”).
CHAPMAN’s criminal history includes convictions for larceny, possession of narcotics, weapon in a motor vehicle, and violation of probation.
Sixteen individuals were charged as a result of the investigation.
This matter is being investigated by the Federal Bureau of Investigation’s Northern Connecticut Violent Crimes Task Force and the Hartford Police Department. The Task Force includes members of the U.S. Marshals Service, Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction. The Hartford Police Department’s Vice and Narcotics Division and Shooting Task Force have provided valuable assistance to the investigation.
The case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.
Mother and Daughter Morrisville Residents Charged with Distributing Fentanyl, Heroin, and OxycodoneRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that a federal grand jury returned an Indictment yesterday charging Esperanza Delarosa, 50, and her daughter Susan Mateo, 25, with conspiracy to distribute heroin, fentanyl, and oxycodone. The indictment also alleges numerous counts of distribution of those substances, and contains a forfeiture allegation seeking the criminal forfeiture of a property owned by Mateo in Morrisville, Vermont.
According to Court documents, in September of 2017, special agents with the Drug Enforcement Administration joined an ongoing and long-term investigation of the Morristown Police Department concerning the trafficking and distribution of oxycodone and heroin in the Morrisville area. DEA agents, assisted by the Morristown Police Department, Stowe Police Department, and Lamoille County Sherriff’s Department, then conducted numerous controlled purchases of fentanyl-laced heroin and oxycodone pills from both Delarosa and Mateo. Delarosa and Mateo, initially traveled to Lamoille County from the Bronx, New York, where they reside. During the course of the investigation, they purchased a home in Morrisville. Multiple drug transactions occurred at Mateo’s property in Morrisville, while others occurred in the parking lots of various Lamoille County businesses. Mateo primarily sold the confidential informant oxycodone, while Delarosa primarily sold the confidential informant fentanyl-laced heroin. The sales by Delarosa to the confidential informant included multiple sales of 10-gram quantities of fentanyl-laced heroin.
On the evening of January 23, 2018, both Delarosa and Mateo were arrested by agents of the Drug Enforcement Administration. On the same evening, agents executed search warrants at Delarosa and Mateo’s residences in Morrisville, Vermont, and the Bronx, New York. On January 24, 2018, Delarosa and Mateo appeared before the Honorable John M. Conroy, United States Magistrate Judge for the District of Vermont, and were temporarily detained pending a detention hearing scheduled for this afternoon.
The United States Attorney emphasizes that the charges contained in the Indictment are merely accusations and that Delarosa and Mateo are presumed innocent unless and until they are proven guilty. If either defendant is convicted, she will face a maximum possible sentence of twenty years on each count of conviction.
United States Attorney Christina E. Nolan commended the efforts of the Drug Enforcement Administration, the Morristown Police Department, the Stowe Police Department, and the Lamoille County Sherriff’s Department in the investigation of Delarosa and Mateo. Nolan added: “This case is a shining example of what we can accomplish when federal, state, and local law enforcement collaborate and pool resources to combat those who profit from the sale of deadly drugs. We will continue to partner closely to bring these high-impact cases across the state, including in small communities that are ravaged by opiate traffickers.”
“The DEA is committed to investigating and bringing to justice those who illicitly distribute oxycodone,” said DEA Special Agent in Charge of the New England Field Division Michael J. Ferguson. “Opiate abuse is a major problem in Vermont and throughout New England. The diversion of prescription pain killers, in this case oxycodone, contributes to the widespread abuse of opiates, is the gateway to heroin and fentanyl addiction, and is devastating our communities. This investigation demonstrates the strength of collaborative local, county and state law enforcement efforts in Vermont and our strong partnership with the U.S. Attorney’s Office to aggressively pursue any group or individual that traffics these drugs.”
“This arrest reflects Morristown Police Department’s strong commitment to bring to justice those that decide to distribute heroin and oxycodone in our community.” said Morristown Police Chief Richard Keith. “Morristown PD and its local, state, and federal law enforcement partners will continue to do everything in our power to keep these highly addictive drugs off the streets of Morristown and surrounding towns. This investigation demonstrates the strengths of collaborative law enforcement between Morristown PD, Stowe PD, Lamoille CSD, and the DEA as well as the strong partnership with the U.S. Attorney’s Office to aggressively pursue anyone who traffics this poison.”
“I have had a positive working relationship with the DEA and the U.S. Attorney’s office for the District of Vermont for over 30 years,” said Lamoille County Sheriff Roger Marcoux. “Even though Lamoille County is very rural, these two Department of Justice agencies assisted our small communities to investigate and prosecute an entire drug trafficking organization with out-of-state infrastructure. We continue to do our part and they have stepped up and are doing their part to ensure people understand there is a consequence for trafficking opiates in our community.”
“This has been a lengthy investigation that started at the local level and as it developed, we partnered with the DEA, due to the potential size and logistics of this investigation,” said Stowe Police Chief Donald B. Hull. “This investigation has been a partnering of local and federal investigators, who worked many hours to bring this investigation to an end. These types of arrests will have a positive impact on our local communities.”
The United States is represented in this matter by Assistant U.S. Attorney Jonathan A. Ophardt. Delarosa is represented by Assistant Federal Public Defender David McColgin. Mateo is represented by Maryanne Kampmann, Esq. The investigation was conducted by the Drug Enforcement Administration, the Morristown Police Department, the Stowe Police Department, and the Lamoille County Sheriff’s Department. Assistance was also provided by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, as well as DEA’s New York Field Division.
Moss Point Man Pleads Guilty to Conspiracy to Distribute CocaineRead the Press Release
Gulfport, Miss. – Michael Todd Ward a/k/a "Chicken," 51, of Moss Point, pled guilty today before U.S. District Judge Louis Guirola Jr. to conspiracy to possess with intent to distribute cocaine, announced U.S. Attorney Mike Hurst and FBI Special Agent in Charge Christopher Freeze.
During the course of a lengthy investigation into cocaine trafficking in Jackson County, Mississippi, it was determined that Michael Todd Ward a/k/a "Chicken," was a source of supply for cocaine to Terry Reddix and other members of his organization that supplied various narcotics from his home in Gautier, Mississippi, known as "The Hill."
Ward will be sentenced on April 25, 2018, by Judge Guirola, and faces a maximum penalty of forty years in prison and a $5,000,000 fine.
The case was investigated by the FBI Safe Streets Task Force and prosecuted by Assistant U.S. Attorney John Meynardie.
Mississippi Man Sentenced After Pleading Guilty to Methamphetamine Distribution ChargesRead the Press Release
U.S. Attorney Duane A. Evans announced that U.S. District Judge Carl J. Barbier sentenced ALEX ROSEN, age 37, of D’Iberville, Mississippi, to 60 months imprisonment after pleading guilty to four counts of distribution of five (5) grams or more of methamphetamine.
According to court documents, on four occasions between April 3, 2012, and July 12, 2012, ROSEN distributed methamphetamine in excess of five grams to a confidential source and an undercover agent working under the direction of the Drug Enforcement Administration. In total, ROSEN distributed approximately sixty grams of methamphetamine in quantities ranging from six grams to nearly one ounce during that three month period to the Drug Enforcement Administration.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney Andre’ Jones was in charge of the prosecution.
Media Advisory: Attorney General Jeff Sessions visit to NorfolkRead the Press Release
MEDIA ADVISORY
FOR IMMEDIATE RELEASE
JANUARY 24, 2018
WHAT: Attorney General Jeff Sessions will travel to Norfolk today to deliver remarks on national security and immigration priorities of the Administration.
WHEN: Today at 1:30 p.m.
WHERE: Slover Library, 6th Floor, 235 E. Plume Street, Norfolk, VA 23510
PRESS: Open Press. Camera preset at 12:30 p.m. for K9 sweep. Final access time for print media is 1:15 p.m. The AG will not be taking questions upon the conclusion of his remarks. This event is not open to the public.
NOTES: All media must RSVP and present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials. The RSVP and any inquiries regarding logistics should be directed to [email protected]. Please RSVP with the email address of the person(s) attending the event, so that we may reach them directly if details change.
McAlester Man Sentenced to 96 Months for Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Michael Keith Beall, age 62, of McAlester, Oklahoma, was sentenced to 96 months imprisonment, and 3 years supervised release, for Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).
The Indictment alleged that on or about April 17, 2017, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with the intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charge arose from an investigation by the Pittsburg County Sheriff’s Office, the Oklahoma Bureau Narcotics, and the Oklahoma Highway Patrol.
United States Attorney Brian J. Kuester said, “As we all know, methamphetamine is destructive to individuals, families, and communities. Those that sell it do so without regard for the devastating effects that it will have. This joint effort by the Pittsburgh County Sheriff’s Office, the Oklahoma Bureau of Narcotics, and the Oklahoma Highway Patrol prevented hundreds of doses of methamphetamine from entering the community. Their thorough and professional investigation allowed this office to prosecute Beall which has stopped his drug distribution.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Dean Burris represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
Marengo County Resident Convicted at Selma Trial in Crack Cocaine CaseRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that a federal jury in Selma, Alabama found Gerald Barber, 40, a resident of Marengo County, Alabama, guilty of two counts of possession with intent to distribute crack cocaine. Chief United States District Judge Kristi K. DuBose presided over the trial, which started on January 23, 2018 and ended the following day. The judge scheduled Barber’s sentencing for April 12, 2018. Barber, aka “G-Money,” faces a mandatory minimum sentence of ten years in prison and a maximum sentence of life imprisonment. He has five prior felony drug convictions.
On August 31, 2017, a federal grand jury for the Southern District of Alabama indicted Barber on one count of possession with intent to distribute crack cocaine. On November 28, 2017, a federal grand jury for the district returned a superseding indictment against Barber, charging him with two counts of possession with intent to distribute crack cocaine.
At trial, the jury heard evidence that in the early morning of March 11, 2017, Barber was driving a white 2002 Chevrolet Blazer in Camden, Alabama when Camden Police Officer John Ferguson pulled the vehicle over for speeding and having no tag light. Barber had no identification, proof of insurance, license, or registration. He lied to the officer about his identity. Officer Ferguson noticed that Barber was visibly nervous and saw traces of a green leafy substance in the vehicle. Officer Ferguson called for backup, patted down Barber outside the Chevrolet Blazer for officer safety and possible narcotics, and found an “eight-ball” of crack cocaine concealed underneath Barber’s shorts. Officer Ferguson arrested Barber and transported him to the Prince Arnold Detention Center in Wilcox County. At the jail, the defendant falsely identified himself and signed a waiver of counsel form in his brother’s name.
The jury also heard evidence that in the afternoon of April 12, 2017, Uniontown Chief of Police Willie Walton was on routine patrol in Uniontown, Alabama when he saw an individual standing by the driver’s side window of a white Chevrolet Blazer on Johnson Street. Chief Walton testified that he recognized the individual as a crack cocaine addict and was suspicious of a drug sale between the individual and the vehicle’s driver. Barber was driving the same Chevrolet Blazer. A passenger was also inside. As Chief Walton approached, the individual ran away and the Chevrolet Blazer sped off. Chief Walton activated his lights and sirens and tried to stop the vehicle, which had an expired tag.
A high-speed chase ensued, which at times reached 70 - 80 miles per hour. During the chase, Chief Walton saw an unidentified object (never recovered) thrown out the vehicle’s driver’s side window on Washington Street. Barber tried to evade Chief Walton by racing up Martin Luther King Drive in a residential area where children were playing. As Chief Walton pursued, Barber made a left turn onto Lucian Street and threw approximately $8,000 worth of crack cocaine out the driver’s side window. The narcotics landed on the front lawn of a home on Lucian Street. Chief Walton continued to pursue the fleeing vehicle and radioed dispatch. Uniontown Police Department Sergeant Nash Gipson responded and set up a roadblock. Barber almost collided with Sgt. Gipson. The chase ended shortly thereafter on Franklin Street.Chief Walton and Sgt. Gipson arrested Barber outside his vehicle. Chief Walton testified that he saw a “crack rock” in the driver’s seat where Barber had been sitting and that Barber shouted an expletive upon his arrest, yelling, “I’ve got more money than all y’all m*****f****** out there!” Chief Walton also told the jury that Barber appeared high, his mouth was foaming, and pieces of crack cocaine appeared to be in his mouth.
The passenger, whom the police had detained for officer safety, said that Barber threw a black bag out of the vehicle during the chase. With the passenger’s help, police found the bag at Lucian Street. Chief Walton examined it and found sixteen plastic baggies containing roughly 80.8 grams of crack cocaine in varying quantities. When Chief Walton later searched Barber’s Chevrolet Blazer, he found two digital scales, two Pyrex measuring glasses, one Toastmaster hand mixer, and two mixer attachments, all containing cocaine residue.
After the jury’s verdict, United States Attorney Richard W. Moore said, “We will continue to aggressively prosecute drug dealers who threaten the safety of our citizens in this district. The illegal drug trade in the northern part of our district is an affront to the residents of the communities where defendant Gerald Barber plied his trade. The actions taken by our law enforcement partners in this case demonstrate the professionalism and vigor with which we intend to address drug trafficking in our district. Our prosecutors, Sinan Kalayoglu and George F. May, were pleased to assist our law enforcement partners in this prosecution and particularly to have had the opportunity to present our case to a local jury in the historic Selma courthouse. We are very proud of their representation of the United States in this case.”
The Drug Enforcement Administration, the Uniontown Police Department, and the Camden Police Department investigated the case. Assistant United States Attorneys Sinan Kalayoglu and George F. May are prosecuting the case.
Manchester Man Sentenced to Eight Years in Prison for Drug Trafficking and Firearm OffensesRead the Press Release
CONCORD, N.H. - Acting United States Attorney John J. Farley announced today that Kaisle J. Raikes, 25, of Manchester, was sentenced to serve 96 months in prison for drug trafficking and firearms offenses.
According to court documents and statements made in court, on three separate occasions in May of 2017, Raikes sold methamphetamine to an individual who was cooperating with the Manchester Police Department. Raikes displayed firearms during two of the drug transactions. At the time of his arrest, Raikes possessed cocaine and methamphetamine. He also had a loaded firearm in his sock. After the police found the firearm on Raikes, he stated, “I’m no fool, you have to be ready. I would never turn it on one of you guys though.” Members of the Manchester Police Department also executed a search warrant at the defendant’s apartment and seized two loaded firearms, ammunition, methamphetamine, cocaine, Suboxone, a digital scale, and baggies.
Raikes previously pleaded guilty on October 26, 2017, to three counts of distribution of a controlled substance, one count of possession of a controlled substance with intent to distribute, one count of being a felon in possession of a firearm, and one count of possession of a firearm in furtherance of a drug trafficking crime. He will be on supervised release for five years after serving his prison sentence. The firearms have been forfeited to the United States.
“Drugs and guns are a potentially deadly combination that can threaten the safety of our community,” said Acting U.S. Attorney Farley. “When drug dealers arm themselves, there is a great risk that they will commit acts of violence. Through the Project Safe Neighborhoods initiative, we will continue to work with our law enforcement partners to target those who use guns to commit crimes so that we can protect our citizens from violent crime. Those who choose to use firearms to commit crimes in New Hampshire should expect to spend many years behind bars.”
This matter was investigated by the Manchester Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant U.S. Attorney Debra M. Walsh prosecuted the case.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Manassas Man Indicted on Sex Trafficking, Drug ChargesRead the Press Release
Harrisonburg, VIRGINIA – A Virginia man has been charged in a six-count federal indictment with sex trafficking, interstate prostitution and distribution of fentanyl that led to two overdoses after a grand jury sitting in the U.S. District Court in Harrisonburg returned a superseding indictment January 16, 2018, United States Attorney Rick A. Mountcastle announced.
Kendall Demarko Wysinger, 41, of Manassas, Virginia is charged with one count of conspiracy to commit sex trafficking, one count of interstate transportation for prostitution, one count of possession with the intent to distribute fentanyl which caused the death of another, one count of possession with the intent to distribute fentanyl which caused the serious bodily injury of another, one count of evidence tampering, and one count of witness tampering.
The investigation of this case was conducted by the Federal Bureau of Investigation’s I-81 Human Trafficking Task Force (I-81 HTTF), the Drug Enforcement Administration, and the Northwest Virginia Regional Drug and Gang Task Force (NWRDGTF).
The I-81 HTTF is a collaborative effort of law enforcement and community partners focused on identifying instances of human trafficking along the I-81 corridor in the northern Shenandoah Valley of Virginia, West Virginia, and Maryland; prosecuting those responsible; and, providing assistance to the victims impacted by these crimes. The I-81 HTTF includes law enforcement from the counties of Frederick, Clarke, and Shenandoah as well as the cities and towns of Front Royal, Hagerstown, MD, Lord Fairfax Community College, and the Virginia State Police.
The NWRDGTF uses the combined efforts of local, state, and federal agencies to actively pursue those groups or individuals who manufacture, distribute, or sell illegal narcotics. The NWRDGTF is comprised of the Virginia State Police, the Winchester Police Department, the Front Royal Police Department, the Strasburg Police Department, the Frederick County Sheriff’s Office, the Page County Sheriff’s Office, the Warren County Sheriff’s Office, the Shenandoah County Sheriff’s Office, and the Clarke County Sheriff’s Office.
Assistant United States Attorney Erin M. Kulpa will prosecute the case for the United States.
A Grand Jury Indictment is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Man Sentenced for Stealing Checks from MailboxesRead the Press Release
NEWPORT NEWS, Va. – A Hampton man was sentenced today to 62 months in prison for stealing checks from curbside mailboxes.
According to court documents, Timothy Moody, 31, stole USAA checks from curbside mailboxes and used the information to make counterfeit Bank of America checks. He then used the counterfeit checks at Lowe’s, Walmart, and Home Depot to purchase merchandise, and later returned the merchandise at a different store location for cash.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Robert Wemyss, Inspector in Charge of the U.S. Postal Inspection Service - Washington Division, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. Assistant U.S. Attorney Bob Bradenham prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:17-cr-69.
Man Sentenced to 188 Months for Possession of Child PornographyRead the Press Release
Brunswick, GA: James Martin Graham, 62, was sentenced on January 22, 2018, to 188 months in prison by United States District Court Judge Lisa Godbey Wood following his plea of guilty to possession of child pornography. The prison term will be followed by a 15-year term of supervised release. Graham will also be required to register as a sex offender upon his release from prison. Graham faced a statutory mandatory minimum sentence of at least 10 years because of a prior conviction in the State of Michigan relating to sexual abuse involving a minor.
The Southeast Georgia Child Exploitation Task Force investigated this case. Forensic examination of Graham’s computer identified more than 150 video files containing depictions of child pornography, some of which involved victims as young as four years old.
This case was brought as part of Project Safe Childhood, a nationwide initiative of the U.S. Department of Justice that is designed to protect children from online exploitation and abuse. Led by United States Attorney’s Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims of those offenses.
Assistant United States Attorney Marcela C. Mateo prosecuted the case on behalf of the United States. For any questions, please contact the United States Attorney’s Office at (912) 652-4422.
Louisville man found guilty in federal courtRead the Press Release
Large-scale trafficker of heroin, methamphetamine and cocaine
PRESS RELEASE
NEW ALBANY- United States Attorney Josh Minkler announced today a guilty verdict in a large-scale drug trafficking case operating in the New Albany and Louisville, Kentucky, area. Terrance Brasher, 37, Louisville, was found guilty of conspiracy to distribute heroin, methamphetamine and cocaine after a four-day jury trial in New Albany, before U.S. District Judge Tanya Walton Pratt.
“Drug trafficking not only contributes to our nation’s opioid addiction problem, it also brings serious violence to our neighborhoods,” said Minkler. “Those who choose to ignore our drug laws by bringing dangerous substances into our communities will face the hammer of federal law enforcement.”
Beginning in October 2014 and ending in December 2015, Brasher was part of a drug trafficking organization that distributed large quantities of heroin, methamphetamine, and cocaine in the New Albany and Louisville area. Brasher and others used an automotive shop and other locations in Louisville, New Albany, and Evansville, Indiana, to conduct their collaborative drug activities, including the delivery of drugs and transfer of drug proceeds. The conspirators often used cellular phones to communicate with one another to further their transactions, using coded language to describe their drug trafficking activities.
Co-conspirators Carlos Shelton, Terry Martin, Jeffrey Coleman, and Maycoe Ortiz, have all pleaded guilty and are awaiting sentencing. Ten other individuals charged in the same conspiracy have been convicted and sentenced.
This case was investigated by the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco and Explosives, New Albany Police Department, Jeffersonville Police Department and Louisville Metro Police Department.
“The FBI has made a concerted effort with our law enforcement partners to help address the drug problem in the New Albany area and this verdict shows these partnerships are succeeding in disrupting and removing violent drug dealing groups from our communities,” said W. Jay Abbott, Special Agent in Charge of the FBI’s Indianapolis Division.
According to Assistant United States Attorney William McCoskey and Drug and Violent Crime Chief Barry Glickman, who prosecuted this case for the government, Brasher faces a mandatory life sentence. No sentencing date has been set.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilize and partner with law enforcement agencies to prosecute individuals engaged in the distribution of heroin, methamphetamine, and cocaine. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 3.3.
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Long Island Man Convicted of Armed Robbery of More Than $375,000 from Wells Fargo BankRead the Press Release
A federal jury in Central Islip, New York, returned a guilty verdict last night against Anael Sainfil on three counts of a superseding indictment charging him with conspiracy to commit armed bank robbery, armed bank robbery and brandishing firearms during a crime of violence. The verdict came after a four-day trial before Senior United States District Judge Leonard D. Wexler.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), and John Barry, Acting Commissioner, Suffolk County Police Department (SCPD).
“The brazen violence carried out by the defendant Anael Sainfil and his co-conspirators will not be tolerated,” stated United States Attorney Donoghue. “This Office, together with our law enforcement partners, is committed to protecting the public from those who put the lives of men, women and children in our community in jeopardy.” Mr. Donoghue expressed his appreciation to the FBI, NCPD and SCPD for their tireless efforts in bringing all participants involved in the robbery to justice.
The evidence at trial established that on November 9, 2015, the defendant, Anael Sainfil and his co-conspirators executed a plan to rob a Wells Fargo Bank branch in Hempstead, New York. The defendant acted as a lookout as his co-conspirators entered the bank armed with a semi-automatic assault rifle and numerous other firearms. While the defendant stood guard, an armed takeover of the bank took place. Tellers and customers, including an 8-year old boy, were zip-tied and held captive as the bank’s vault was emptied of over $375,000. The defendant and his cohorts were unaware that a bank teller had placed a wireless GPS tracker with the stolen money. Hempstead Police Department Officers initiated a pursuit, which resulted in the apprehension of one of the gunman that day. Following an extensive investigation by the FBI, NCPD and SCPD, all nine participants in the robbery conspiracy were ultimately apprehended, including Anael Sainfil, who was arrested on December 21, 2016. The proceeds of the robbery were recovered.
When sentenced, Sainfil faces a minimum of seven years’ imprisonment, and a maximum of life imprisonment.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Mark E. Misorek and Erin Reid are in charge of the prosecution.
The Defendant:
ANAEL SAINFIL
Age: 22
Residence: Bay Shore, New YorkE.D.N.Y. Docket No. 16-CR-652 (S-1) (LDW)
Lexington Man Sentenced to 30 Years in Prison for Threatening to Murder A Federal Prosecutor and Solicitation to Murder an Officer of the United StatesRead the Press Release
LEXINGTON, Ky. – United States Attorney Russell M. Coleman today announced the 30 year sentence of a Mexican National, formerly living in Lexington, by United States District Judge Danny C. Reeves, in United States District Court, for threatening to murder an Assistant United States Attorney and solicitation to murder an officer of the United States.
"The full power of the United States will be brought against those who place our prosecutors and federal officers at risk," stated United States Attorney Russell Coleman. "Today's thirty year sentence should give pause to those who are considering threatening those who protect our commonwealth."
Edgar Villa-Castaneda, 43, was found guilty on October 17, 2017, following a two-day trial, of both charges in a two-count indictment returned on February 2, 2017. According to information presented at trial, on about August 5, 2015, and September 22, 2015, in Woodford County, Kentucky, Villa-Castaneda threatened to murder then Assistant United States Attorney (AUSA) Robert M. Duncan, Jr.
Specifically, Villa-Castaneda, was incarcerated at the Woodford County Detention Center (WCDC) in February 2015, pending federal drug charges filed by then (AUSA) Duncan. On September 22, another inmate at the WCDC, contacted his lawyer and reported that Villa-Castaneda, using the nickname “Flaco” was attempting to hire someone to kill AUSA Duncan. On September 24, 2015, the inmate’s lawyer notified FBI Special Agent John Whitehead that Villa-Castaneda was attempting to hire someone to kill AUSA Duncan. During an interview with the FBI, the inmate explained that he and Villa-Castaneda became cellmates at the WCDC in September 2015, and that within hours Villa-Castaneda began talking to him about his hatred for AUSA Duncan. Villa-Castaneda believed that he and his incarcerated son were being unfairly targeted and erroneously being portrayed as major drug dealers by AUSA Duncan. Sometime over the next twenty-four hours, Villa-Castaneda asked the inmate if he knew anyone that could “whack” AUSA Duncan for him. Villa-Castaneda said he would pay $25,000 to have it done. Villa-Castaneda stated he currently had $15,000 hidden in radio speakers at his sister's house and he would pay an additional $10,000 after the job was done.
On November 24, 2015, Villa-Castaneda was questioned by FBI special agents at the Grayson County Detention Center. Villa-Castaneda was read his Miranda rights, and signed a form stating he understood his rights and understood he was waiving those rights before admitting to making the threats and soliciting an inmate to assist in the murder of AUSA Duncan.
The Honorable Robert M. Duncan, Jr. currently serves as the United States Attorney for the Eastern District of Kentucky having received an appointment by President Donald Trump.
Due to recusal by the United States Attorney’s Office for the Eastern District of Kentucky, this case was prosecuted by Assistant United States Attorney for the Western District of Kentucky, A. Spencer McKiness, and was investigated by the Federal Bureau of Investigation (FBI).
Leader of Fraudulent Medical Device Scheme Pleads GuiltyRead the Press Release
A South Dakota man pleaded guilty today in connection with a scheme to defraud consumers by selling light-emitting devices known as the “QLaser System” as a treatment for more than 200 different diseases and disorders, the Department of Justice announced today. Today’s guilty plea capped a three-year effort by the Justice Department and the U.S. Postal Inspection Service to stop distribution of the fraudulent devices to consumers.
Robert “Larry” Lytle, 82, of Rapid City, pleaded guilty in the District of South Dakota to one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead, and one count of criminal contempt. Both the criminal charges and Lytle’s guilty plea were pursuant to a plea agreement. Two of Lytle’s co-conspirators in the scheme, Irina Kossovskaia and Ronald D. Weir, Jr., previously pleaded guilty for their roles in the fraud. The government agreed to dismiss criminal contempt charges against a fourth individual, Fredretta Eason.
According to documents filed with the court, Lytle and his co-conspirators — including Kossovskaia and Weir — marketed and distributed QLaser devices to consumers, many of whom were elderly, across the United States. The conspirators falsely claimed that the devices could safely and effectively treat a panoply of medical conditions at home, including cancer, emphysema, diabetes, autism, HIV, and heart disease. Lytle created misleading product labeling designed to create the false impression that scientific evidence supported claims about the QLaser device’s effects. In truth, no published clinical or scientific studies supported the use of QLaser devices to treat the listed or other serious conditions, and the U.S. Food and Drug Administration (FDA) never approved the devices for such uses. To lend credibility to his claims, the potential QLaser purchasers were told “Dr. Lytle” was a “retired” dentist and medical laser expert while omitting the fact that his license to practice dentistry had been permanently revoked for defrauding and materially deceiving consumers.
Lytle and his co-conspirators forged ahead with their fraud even after a federal court ordered them to stop selling and refund all QLaser purchasers in a series of 2015 injunctions. In violation of the injunctions, Lytle made false statements to the court and FDA investigators, sent dunning letters to QLaser purchasers rather than pay them court-ordered restitution, smuggled hundreds devices out of South Dakota to upstate New York to prevent their seizure, and received a steady stream of income from continued QLaser sales made by Kossovskaia, Weir, and others.
As part of his plea agreement, Lytle admitted that, beginning in 2005, he entered into an agreement with others to market medical devices with false and misleading labeling to defraud consumers, and that he continued to do so in violation of a federal court order. He also acknowledged that he obtained at least $16,669,015 over the course of the scheme.
“Victimizing the elderly and those suffering from serious illnesses are among the most detestable of crimes,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division, “and to persist with the QLaser fraud even after being ordered to stop by a federal court is even more abhorrent. The Justice Department is committed to protecting Americans from elder abuse and medical frauds.”
“Reprehensible scams using ineffective and useless medical implements victimize suffering people who are already burdened with long-term, often crippling ailments and diseases. The U.S. Postal Inspection Service puts the highest priority on investigating these kinds of crimes and bringing these criminals to justice,” said Dana Carter, the U.S. Postal Inspector in Charge of the Denver Division, which covers multiple states including South Dakota.
U.S. District Judge Karen E. Schreier presided at the plea hearing. In addition to fines, Lytle faces a maximum statutory sentence of five years’ imprisonment on the conspiracy charge. Congress has not established a maximum sentence for the crime of contempt. Sentencing has been set for April 20.
The U.S. Postal Inspection Service investigated this case. Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Kevin Koliner of the U.S. Attorney’s Office for the District of South Dakota are prosecuting the case.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of South Dakota, visit its website at https://www.justice.gov/usao-sd.
Leader of Newark Bloods Street Gang – The South Side Cartel – Admits Five Murders, Racketeering, Other Violent Crimes in Furtherance of the Gang EnterpriseRead the Press Release
Plea Deal Calls for 45-year Prison Sentence
NEWARK, N.J. – The leader of one of Newark’s most violent street gangs today admitted his role in five murders, an armed carjacking, an armed robbery of a drug dealer, two counts of assault with a deadly weapon, and drug conspiracy as part of a racketeering conspiracy involving the South Side Cartel, U.S. Attorney Craig Carpenito announced.
Farad Roland, 33, had been charged with violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) as part of a 27-count second superseding indictment, which was returned in June 2013.
“With today’s guilty plea, Farad Roland’s reign as the leader of the South Side Cartel is over.” U.S. Attorney Carpenito said. “It is the mission of this office to make the streets of New Jersey safe for all of its citizens. The Roland case is a perfect example of cooperation between my office, the FBI, Newark police and the Essex County prosecutor effectively working to remove a dangerous felon from our community.”
“Today's plea is a direct result of the hard work and dedication shared between state, local and federal authorizes in their efforts to combat violent gangs in our communities,” FBI Special Agent in Charge Timothy A. Gallagher said. “We are committed to combating this epidemic of violence that often takes young lives and creates fear in our communities. The FBI and our partners will aggressively pursue gangs wherever they surface and are steadfast to making Newark and the surrounding communities, a safe place for our citizens.”
According to documents filed in this case:
The South Side Cartel was a sub-set of the Bloods street gang that operated primarily on Hawthorne Avenue in Newark. Originally a neighborhood-based gang whose main activities were selling drugs and committing violent acts to aid the drug-trafficking business, many of the gang’s members were officially brought into the Bloods gang in 2002 and 2003. The gang often operated out of apartments located at 496-500 Hawthorne Avenue, which were dubbed “the Twin Towers.” Local law enforcement made repeated narcotics and gun arrests at this location. Many of the South Side Cartel members had tattoos showing the Twin Towers and the logo “SSC,” which represented the gang’s initials.
Between 2003 and 2010, the South Side Cartel was generally known among law enforcement and the FBI as the most violent street gang in Newark, committing numerous murders, shootings, robberies and other violent acts in furtherance of the enterprise. At its peak, the South Side Cartel had about 20 members or associates, many of whom have since been killed in gang-related murders or who are serving prison sentences for gang-related crimes. Roland’s two co-defendants, Malik Lowery and Mark Williams, previously pleaded guilty in federal court. Lowery was sentenced in August 2016 to more than 26 years in federal prison. Williams is awaiting sentencing.
Today’s admission of guilt includes Roland’s participation in a host of racketeering acts to further the South Side Cartel’s goals, including:
- The Feb. 20, 2005, murder of a Newark resident who was shot during a robbery attempt that Roland ordered one of his gang associates to carry out;
- The Feb. 23, 2005, murder of the 19-year-old gang associate who committed the Feb. 20, 2005 robbery-murder, to prevent him from cooperating with law enforcement and implicating Roland;
- The Oct. 20, 2007, murder of a fellow South Side Cartel member who had fallen into disfavor with the gang;
- The retaliation murders of two people on March 27, 2008, outside the Oasis Bar located on Lyons Avenue in Newark.
Roland also admitted committing an armed carjacking; an assault with a dangerous weapon in the 2008 shooting of a fellow gang member with whom Roland had a dispute; an assault with a dangerous weapon in the 2009 shooting of a rival gang member; the armed robbery of a drug dealer in East Orange, New Jersey; and conspiracy to distribute more than a kilogram of heroin and 280 grams of crack cocaine.
Under terms of the plea agreement, Farad agreed to a prison term of 45 years. He is scheduled to be sentenced May 14, 2018.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher; the Newark Police Division, under the direction of Department of Public Safety Director Anthony F. Ambrose; and Acting Essex County Prosecutor Robert D. Laurino, with the investigation leading to today’s guilty plea.
The government is represented by Senior Litigation Counsel Robert Frazer, Assistant U.S. Attorney Courtney Howard of the Organized Crime/Gangs Unit, and Assistant U.S. Attorney Desiree Grace Latzer of the General Crimes Unit.
Defense counsel:
Farad Roland: Richard Jasper Esq. and Michael Bachrach Esq., New York; and Stephen Turano Esq., Newark
Lake County Woman Sentenced to over 6 Years in Prison for Laundering Money from Cocaine and Marijuana TraffickingRead the Press Release
SACRAMENTO, Calif. — Michelle Troung, 34, of Clear Lake, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to six-and-a-half years in prison for conspiracy to launder money, U.S. Attorney McGregor W. Scott announced.
According to court documents, Troung conspired with co-defendants Dustin Wilson and Brandon Roberts to distribute marijuana and cocaine from Sacramento to the Southeastern United States. They also conspired to conceal the proceeds of their drug trafficking through various monetary transactions. On January 13, 2017, Troung pleaded guilty to conspiracy to commit money laundering.
This case is the product of an investigation by the Internal Revenue Service-Criminal Investigation and the Drug Enforcement Administration. Assistant U.S. Attorney Todd A. Pickles prosecuted the case.
Co-defendant Brandon Roberts was sentenced to three years and one month in prison. Co-defendant Dustin Wilson has pleaded guilty and is set for sentencing on February 23, 2018.
Leader of Fraudulent Medical Device Scheme Pleads GuiltyRead the Press Release
NOTE: The relevant court documents can be found here: Superseding Information, Plea Agreement, and Factual Basis Statement.
WASHINGTON – A South Dakota man pleaded guilty today in connection with a scheme to defraud consumers by selling light-emitting devices known as the “QLaser System” as a treatment for more than 200 different diseases and disorders, the Department of Justice announced today. Today’s guilty plea capped a three-year effort by the Justice Department and the U.S. Postal Inspection Service to stop distribution of the fraudulent devices to consumers.
Robert “Larry” Lytle, 82, of Rapid City, pleaded guilty in the District of South Dakota to one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead, and one count of criminal contempt. Both the criminal charges and Lytle’s guilty plea were pursuant to a plea agreement. Two of Lytle’s co-conspirators in the scheme, Irina Kossovskaia and Ronald D. Weir, Jr., previously pleaded guilty for their roles in the fraud. The government agreed to dismiss criminal contempt charges against a fourth individual, Fredretta Eason.
According to documents filed with the court, Lytle and his co-conspirators — including Kossovskaia and Weir — marketed and distributed QLaser devices to consumers, many of whom were elderly, across the United States. The conspirators falsely claimed that the devices could safely and effectively treat a panoply of medical conditions at home, including cancer, emphysema, diabetes, autism, HIV, and heart disease. Lytle created misleading product labeling designed to create the false impression that scientific evidence supported claims about the QLaser device’s effects. In truth, no published clinical or scientific studies supported the use of QLaser devices to treat the listed or other serious conditions, and the U.S. Food and Drug Administration (FDA) never approved the devices for such uses. To lend credibility to his claims, the potential QLaser purchasers were told “Dr. Lytle” was a “retired” dentist and medical laser expert while omitting the fact that his license to practice dentistry had been permanently revoked for defrauding and materially deceiving consumers.
Lytle and his co-conspirators forged ahead with their fraud even after a federal court ordered them to stop selling and refund all QLaser purchasers in a series of 2015 injunctions. In violation of the injunctions, Lytle made false statements to the court and FDA investigators, sent dunning letters to QLaser purchasers rather than pay them court-ordered restitution, smuggled hundreds devices out of South Dakota to upstate New York to prevent their seizure, and received a steady stream of income from continued QLaser sales made by Kossovskaia, Weir, and others.
As part of his plea agreement, Lytle admitted that, beginning in 2005, he entered into an agreement with others to market medical devices with false and misleading labeling to defraud consumers, and that he continued to do so in violation of a federal court order. He also acknowledged that he obtained at least $16,669,015 over the course of the scheme.
“Victimizing the elderly and those suffering from serious illnesses are among the most detestable of crimes,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division, “and to persist with the QLaser fraud even after being ordered to stop by a federal court is even more abhorrent. The Justice Department is committed to protecting Americans from elder abuse and medical frauds.”
“Reprehensible scams using ineffective and useless medical implements victimize suffering people who are already burdened with long-term, often crippling ailments and diseases. The U.S. Postal Inspection Service puts the highest priority on investigating these kinds of crimes and bringing these criminals to justice,” said Dana Carter, the U.S. Postal Inspector in Charge of the Denver Division, which covers multiple states including South Dakota.
U.S. District Judge Karen E. Schreier presided at the plea hearing. In addition to fines, Lytle faces a maximum statutory sentence of five years’ imprisonment on the conspiracy charge. Congress has not established a maximum sentence for the crime of contempt. Sentencing has been set for April 20.
The U.S. Postal Inspection Service investigated this case. Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Kevin Koliner of the U.S. Attorney’s Office for the District of South Dakota are prosecuting the case.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of South Dakota, visit its website at https://www.justice.gov/usao-sd.
Kings County Man Indicted for Arranging a Murder-for-HireRead the Press Release
FRESNO, Calif. — A federal grand jury returned a six-count indictment Thursday against Johnny Jaramillo, 50, of Hanford, charging him with using interstate facilities (a cellphone) with the intent to commit murder for hire, providing a firearm to a felon, possession of a firearm after being convicted of misdemeanor domestic violence, and possession of an unregistered firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on December 15, 2017, Jaramillo met with an undercover agent in Selma in order to sell him three firearms. During the sale, Jaramillo asked the undercover agent to kill a person with whom he was involved in a lawsuit. After some discussion of how the murder would take place, the undercover agent told Jaramillo that he would accept firearms as payment for the murder. On January 12, 2018, the agent and Jaramillo exchanged texts and arranged to meet that day. During the meeting, Jaramillo gave the undercover agent a 9mm pistol and ammunition and assured the undercover agent that the firearm could not be traced back to him. He also confirmed that the picture sent in a text was the man he wanted killed. Jaramillo was arrested on January 17, 2018, and is currently detained pending trial. The intended victim is unharmed.
Jaramillo is also alleged to have knowingly sold a firearm to a person who had a prior felony conviction in October 11, 2017. He allegedly possessed an unregistered short-barreled rifle and three pistols. Jaramillo is prohibited from possessing a firearm because of a misdemeanor domestic violence conviction.
This case is part of the PSN (Project Safe Neighborhoods) strategy, a nationwide strategy for using existing resources to most effectively combat violent crime in partnership with state, local and tribal law enforcement and the communities we serve. This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Multi-Agency Gang Enforcement Consortium (MAGEC) whose members come from the Fresno Police Department, the Fresno County District Attorney’s Office, the Fresno County Sheriff’s Office, the California Highway Patrol, and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorneys Ross Pearson and Kimberly A. Sanchez are prosecuting the case.
If convicted, Jaramillo faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Ketchikan Man and Woman Indicted on Federal Drug Trafficking ChargesRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that a Ketchikan man and woman have been indicted on federal drug trafficking charges.
Michael Anthony Welker, 54, and Mandy Elaine Bacus a/k/a Mandy Elaine Peters, 35, both of Ketchikan, were named in the indictment charging them with drug conspiracy.
According to court records, between June 1, 2017, and Sept. 15, 2017, Welker and Bacus allegedly sold methamphetamine, lysergic acid diethylamide (LSD), cocaine, and heroin on numerous occasions to an undercover informant from their residence located in Ketchikan. Welker and Bacus were subsequently arrested by law enforcement officers on Jan. 23, 2018, in Ketchikan. Their Ketchikan residence is now subject to forfeiture.
Welker and Bacus were arraigned yesterday in Juneau federal court and were ordered detained pending trial, which has been scheduled for April 2, 2018.
The Ketchikan Police Department (“KPD”) and the Drug Enforcement Administration (“DEA”) conducted the investigation leading to the indictment in this case. This case is being prosecuted by Assistant U.S. Attorney Jack Schmidt.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
KC Man Sentenced for Passport FraudRead the Press Release
KANSAS CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was sentenced in federal court today for lying on his passport application.
Isse Aweis Mohamud, 22, of Kansas City, a naturalized citizen of the United States born in Mogadishu, Somalia, was sentenced by U.S. Chief District Judge Greg Kays to four years in federal prison without parole.
On Sept. 14, 2017, Mohamud pleaded guilty to passport fraud. Mohamud admitted that he provided false information on an application for a U.S. passport at the Gladstone, Mo., post office on Jan. 27, 2017.
In response to a question on the application asking what countries were to be visited by the applicant, Mohamud stated “Canada.” He also attached to the application a confirmed travel itinerary for a roundtrip flight from Kansas City, Mo., to Vancouver, Canada, departing on Feb. 8, 2017 and returning on Feb. 15, 2017. Mohamud, however, did not take the Kansas City-Vancouver flights identified in the itinerary, and he never intended to travel to Canada. Instead, on April 24, 2017, Mohamud traveled from Kansas City, Mo., to Alexandria, Egypt, using the U.S. passport that was issued based on his false representations that he was travelling to Canada.
This case was prosecuted by Assistant U.S. Attorneys Brian Casey and David Raskin. It was investigated by the FBI.
Jefferson County woman admits to possessing child pornographyRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Harpers Ferry, West Virginia woman has admitted today to having child pornography, United States Attorney Bill Powell announced.
Mindy Sue Snyder, age 33, waived her right to have her case presented before a federal grand jury and pled guilty to a one-count information of “Possession of Child Pornography.” Snyder admitted to having a computer disk and other materials that contained child pornography in Jefferson County in September 2015.
Snyder faces up to 20 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 David J. Perri is prosecuting the case on behalf of the government. The West Virginia State Police investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Jackson County Man Charged with Federal Firearm ViolationRead the Press Release
On December 5, 2017, Anthony I. Hunter, a/k/a "Shug," 29, of Murphysboro, was charged by one-count indictment with unlawful possession of a firearm by a felon, United States Attorney for the Southern District of Illinois Donald S. Boyce announced today. The indictment alleges that the offense occurred on October 4, 2017, in Jackson County. Hunter made his initial appearance in federal court on January 24, 2018. He is currently being held without bond pending a January 26, 2018, bond hearing.
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 firearm offense carries a maximum penalty of up to ten years of imprisonment, to be followed by three years of supervised release, and a $250,000 fine.
The ongoing investigation is being conducted by the Jackson County Sheriff’s Office, Murphysboro Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The Jackson County States Attorney’s Office also assisted in the investigation.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Cavan in Billings on January 25, 2018 and entering pleas of Not Guilty were:
- BRANDON LEE REYNOLDS, a 34-year-old resident of Acton, appeared on charges of felon in possession of firearms. If convicted of the charge contained in the indictment, REYNOLDS faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 17-147
- BRANDON CARL RUSSELL, a 29-year-old resident of Billings, appeared on charges of conspiracy to possess with the intent to distribute and to distribute methamphetamine and possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and distribute of methamphetamine. If convicted of the most serious charges contained in the indictment, RUSSELL faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 18-12
- TIMOTHY FREDERICK WOOD, a 46-year-old resident of Billings, appeared on charges of conspiracy to possess with the intent to distribute and to distribute methamphetamine and possession with intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious charges contained in the indictment, WOOD faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 18-12
Appearing before U.S. Magistrate Johnston in Great Falls on January 24, 2018 and entering pleas of Not Guilty were:
- IRVING URIEL GALINDO SANTOS, a 29-year-old resident of Mexico, appeared on charges of illegal reentry. If convicted of the charge contained in the indictment, SANTOS faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the United States Border Patrol. PACER Case Reference. 18-05
Appearing before U.S. Magistrate Cavan in Billings on January 23, 2018 and entering pleas of Not Guilty were:
- BRANDON JAMES BELAKOVICH, a 43-year-old resident of Billings, appeared on charges of distribution of methamphetamine. . If convicted of the most serious charges contained in the indictment, BELAKOVICH faces 40 years in prison, $5,000,000 in fines and 4 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 18-06
- DAVIDA KESHA BLAINE, a 42-year-old resident of Billings, appeared on charges of distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, BLAINE faces 40 years in prison, $5,000,000 in fines and 4 years supervised release. The case was investigated by Department of Homeland Security. PACER Case Reference. 18-07
- GRADY EWING MAYS, a 66-year-old resident of Billings, appeared on charges of failure to register as a sex offender. If convicted of the charge contained in the indictment, MAYS faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the United States Marshals Service. PACER Case Reference. 17-131
- SHAWNA MAE SMITH, a 39-year-old resident of Billings, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, SMITH faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 18-13
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Indiana Man Indicted on Federal Kidnapping Charge for Allegedly Abducting a Child in Calumet CityRead the Press Release
CHICAGO — An Indiana man has been indicted on a federal kidnapping charge for allegedly abducting a child from a Calumet City street in broad daylight last month.
On Dec. 20, 2017, at approximately 3:30 p.m., BRYAN PROTHO grabbed the child as she walked on the sidewalk near 153rd Street and Burnham Avenue in Calumet City, according to an indictment returned Thursday and a criminal complaint previously filed in the case. Protho forced the minor into his red Ford Explorer sport-utility vehicle and drove away, the complaint states. He then parked the vehicle in an alley and assaulted the child, the complaint states. The victim was able to escape and flag down a passing vehicle, and law enforcement was contacted.
Protho, 38, of East Chicago, Ind., was arrested on Dec. 27, 2017, and he remains in federal custody. The indictment charges him with one count of kidnapping. Arraignment is set for Feb. 20, 2018, at 9:30 a.m., before U.S. District Judge Charles P. Kocoras.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; Christopher Fletcher, Chief of the Calumet City Police Department; and Dennis Murrin, Jr., Chief of the Lansing Police Department. The FBI and the local departments jointly investigated the case.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The kidnapping charge is punishable by a minimum sentence of 20 years in prison and a maximum sentence of life. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
The government is represented by Assistant U.S. Attorney Christopher V. Parente.