Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Thursday 25 January 2018
Lafayette man pleads guilty to sending obscene picturesRead the Press Release
LAFAYETTE, La. – United States Attorney Alexander C. Van Hook announced that a Lafayette man pleaded guilty Tuesday to sending obscene pictures to an undercover law enforcement agent posing as a 10-year-old boy.
Kory Issac Wilson, 39, of Lafayette, pleaded guilty before U.S. Magistrate Judge Patrick Hanna to one count of transportation of obscene material. The plea will become final when accepted by U.S. District Judge Dee D. Drell. According to the guilty plea, Wilson began communicating with an undercover law enforcement agent on October 12, 2016. The agent posed as a father who wanted help sexually exploiting a 10-year-old boy. Wilson then began communicating with a second undercover agent who posed as the 10-year-old boy. Wilson sent the second agent three sexually explicit pictures of himself via text message.
Wilson faces up to five years in prison, three of supervised release and up to a $250,000 fine. The court set the sentencing date for May 18, 2018.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app. Tips may be submitted anonymously.
The U.S. Department of Homeland Security and Louisiana State Police conducted the investigation. Assistant U.S. Attorneys T. Forrest Phillips and John Luke Walker are prosecuting the case.
Laconia Man Pleads Guilty to Methamphetamine TraffickingRead the Press Release
CONCORD, N.H. - James Cunningham, 61, of Laconia, New Hampshire, pleaded guilty in federal court to four counts of distributing methamphetamine, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, Cunningham, a member of the Hells Angels Motorcycle Club, sold quantities of methamphetamine on four separate occasions in 2013 to an individual who was cooperating with the FBI. Three of the drug transactions took place in Manchester and one occurred in Merrimack.
Cunningham is scheduled to be sentenced on May 9, 2018.
“Drug trafficking crimes cause tremendous damage to our community,” said Acting U.S. Attorney Farley. “In addition to the terrible problems of overdoses and addiction, drug trafficking often is associated with violence and can jeopardize the safety of the citizens living in the Granite State. We continue to work each day with our law enforcement partners to identify and prosecute drug traffickers so that we can decrease violence and improve the quality of life in New Hampshire.”
"We're pleased to see Mr. Cunningham, a member of one of the most violent and notorious gangs in the United States, finally accepting responsibility for trafficking illegal narcotics," said Harold H. Shaw, Special Agent in Charge, Federal Bureau of Investigation (FBI), Boston Division. “The FBI New Hampshire Safe Streets Gang Task Force is fully committed to eradicating gang violence, and the flow of illegal drugs that comes with it. Together, with our law enforcement partners, we're going to take back our communities from violent offenders who are inhibiting the safety and growth of our neighborhoods."
This matter was investigated by the FBI New Hampshire Safe Streets Gang Task Force, which is comprised of the FBI, the New Hampshire State Police, New Hampshire Probation and Parole, and the Police Departments of Hudson, Manchester, and Nashua. Assistance was provided by the Laconia police department. The case is being prosecuted by Assistant U.S. Attorney Shane B. Kelbley.
###
Laboratory and Owner of Lab Management Services Company to Pay $3.77 Million to Resolve Kickback and Medical Necessity ClaimsRead the Press Release
DALLAS - Primex Clinical Laboratories, LLC has agreed to pay $3,500,000 to resolve allegations that it violated the False Claims Act by paying kickbacks in exchange for laboratory referrals for patient pharmacogenetic testing. In a related settlement, Mitch Edland, the Chief Executive Officer and owner of DNA Stat, LLC, has agreed to pay $270,000 to resolve similar allegations. Both settlements were announced today by U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
Primex Clinical Laboratories, LLC (Primex), is a licensed clinical laboratory providing clinical diagnostic testing services, including pharmacogenetic testing. DNA Stat, LLC (DNA Stat) was a laboratory management company that employed sales representatives and licensed pharmacists. Primex and DNA Stat entered into a services agreement related to pharmacogenetic testing services.
The settlement resolves allegations brought by two whistleblowers that Primex submitted claims to Medicare that were rendered false as a result of Primex and DNA Stat providing kickbacks from June 2013 through March 2016. The relators alleged several kickback schemes, including a scheme where the defendants created the appearance of paying physicians to provide clinical study data for a Primex-sponsored study related to pharmacogenetic testing when, in fact, the physicians were being paid for referring patients for the testing. The relators also alleged a scheme where the defendants provided physicians with in-office medical technicians to do work related to the Primex-sponsored study in an effort to induce those physicians to order pharmacogenetic tests from Primex. Finally, the relators alleged that the pharmacogenetic tests were not medically necessary. The United States also contends that DNA Stat’s agreement with Primex as well as its agreements with its sales representatives took into account the volume and value of referrals physicians made to Primex for pharmacogenetic tests when calculating compensation.
The settlement with Primex resolves the allegations centered on providing in-office medical technicians to physicians; entering into improper sales and services agreements; and submitting claims for pharmacogenetic tests that were not medically necessary. Mr. Edland’s settlement resolves all allegations against him contained in the lawsuit. Neither party admitted any wrongdoing or liability.
The qui tam, or whistleblower, lawsuit was brought by relators Don Pyburn and David Choate, former sales representatives for DNA Stat. The qui tam or whistleblower provisions of the FCA authorize private parties to sue for fraud on behalf of the United States and share in the recovery. The relators will receive $754,000.
The investigation was conducted by Health and Human Services Office of Inspector General and the FBI. The case was handled by Assistant U.S. Attorneys Dawn Whalen Theiss and Lindsey Beran.
# # #
Kanawha County felon sentenced to over five years in federal prison for gun and drug crimesRead the Press Release
CHARLESTON, W.Va. – A Kanawha County felon who possessed guns and drugs was sentenced today to five years and three months in federal prison, announced United States Attorney Mike Stuart. Eddie Wayne Chapman, Jr., 32, of Malden, previously pleaded guilty to being a felon in possession of a firearm and possession with intent to distribute methamphetamine. U.S. Attorney Stuart commended the Kanawha County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation.
Chapman admitted that on September 21, 2016, he possessed a Ruger P89, 9mm semi-automatic pistol and a Maverick by Mossberg, Model 88, 12 gauge shotgun that had a modified barrel less than 18 inches in length. Chapman was prohibited from possessing any firearms under federal law because of a 2011 felony drug conviction in Kanawha County Circuit Court. Chapman further admitted to possessing with the intent to distribute over 20 grams of methamphetamine. Law enforcement found the methamphetamine in Chapman’s backpack, concealed in a canister containing a hidden compartment.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
This case was brought as part of Project Safe Neighborhoods, a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime. This case was also prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
- Follow us on Twitter: SDWVNews
Justice Department Files Statement of Interest in California College Free Speech CaseRead the Press Release
The Department of Justice today filed a Statement of Interest in Young America’s Foundation and Berkeley College Republicans v. Janet Napolitano. The plaintiffs, Berkeley College Republicans (BCR) and Young America’s Foundation (YAF), allege that the University of California, Berkeley, enforced a double standard when applied to free speech. BCR alleges that UC Berkeley applied a more rigorous and highly discretionary set of rules to their organization compared to other campus groups, especially with respect to “high-profile” campus speakers.
The plaintiffs filed the lawsuit as a result of excessive hurdles BCR faced in bringing speakers of their choice onto campus. They allege that UC Berkeley’s High Profile Speaker Policy and Major Events Policy violated their rights under the First and Fourteenth Amendments.
In their lawsuit, the plaintiffs allege that Berkeley’s “High-Profile Speaker Policy” granted administrators unfettered discretion to decide which speakers are subject to arduous curfews, prohibitive security costs, or undesirable venues. In one instance, administrators—who had full discretion to determine who constituted a “high-profile speaker”—established a 3:00 pm “curfew” that conflicted with class times.
While the plaintiffs attempted to book speakers under the restrictions of the “High-Profile Speaker Policy,” a former president of Mexico and a former White House adviser were hosted at the University, but University administrators did not apply the High-Profile Speakers Policy to those events.
In filing the Statement of Interest, Associate Attorney General Rachel Brand provided the following statement:
“This Department of Justice will not stand by idly while public universities violate students’ constitutional rights.”
In addition to the statement, Associate Attorney General today penned an op-ed on the issue of campus free speech.
This is the third Statement of Interest filed by the Department of Justice in a First Amendment case under Attorney General Jeff Sessions. The first was filed on September 26, 2017 in Uzuegbunam v. Preczewski, and the second was filed on October 24, 2017 in Shaw v. Burke.
Attorney General Sessions reestablished the Department’s commitment to protecting First Amendment rights—especially campus free speech-- in a speech at Georgetown Law School in 2017.
Jury Convicts Final Two in Katy Bank RobberyRead the Press Release
HOUSTON – The final two people involved in the July 2017 armed robbery of First Community Credit Union in Katy have been convicted, announced U.S. Attorney Ryan K. Patrick. The jury deliberated for approximately two hours following a four-day trial before convicting Walter Freeman Jordan aka “Wacko,” 30, and Johnathon Nico Wise, 26, both of Houston.
Both were charged and convicted of aiding and abetting aggravated bank robbery. Jordan was also convicted of aiding and abetting the unlawful use of a firearm in the commission of a crime of violence.
Five others - Jaylen Christine Loring, 21, Daryl Carlton Anderson, 32, Deandre Bendard Santee, 26, Raymond Demond Pace, 20, and Zelmer Samuel Bonner, 26, pleaded guilty prior to trial.
The jury heard that at approximately 12:52 p.m. on July 25, 2017, a stolen black Toyota Tundra drove to the front of the First Community Credit Union located at 23120 Cinco Ranch Boulevard in Katy. Once there, Jordan, Bonner and Pace entered the bank and ordered everyone to get on the ground. While inside, Jordan and Bonner jumped the teller counter and demanded credit union employees to open the teller drawers. When one of those employees did not comply quickly enough, Bonner punched the employee in the head while yelling “hurry up!”
Pace kept customers and employees on the ground during the robbery. Soon thereafter, he yelled “the cops are down the street, let’s go!”
The robbers were communicating with the lookouts - Wise, Santee, Anderson and Loring - outside of the credit union via cell phone during the crime.
The robbers returned to the Toyota Tundra and fled the scene along with three other vehicles – a silver Chevrolet Malibu, silver Nissan Rogue and a maroon Volkswagen Jetta. Loring was apprehended a short time later in the Malibu as was Anderson who was driving the Jetta. Shortly thereafter, officers also stopped the Rogue and arrested Santee and Wise.
Authorities pursued the Tundra for 19 miles, which was travelling at speeds up to 120 mph east on I-10. Authorities were eventually able to apprehend Pace, Bonner and Jordan at the North Post Oaks Lofts apartment complex in Houston. Officers located a Springfield semi-automatic pistol from the Toyota Tundra as well as a Stoeger Cougar .40 Caliber semi-automatic pistol from inside the apartment where Jordan had been hiding.
During trial, the jury heard from Loring and Anderson who testified about the robbery plan and what transpired. Additional testimony came from more than 10 officers as well as an expert who explained how the cell phones were identified and used during the crime.
The defense attempted to convince the jury that Jordan and Wise had been mis-identified and had no knowledge of the robbery plan. They did not believe their claims and found them guilty as charged.
They are set for sentencing April 12, 2018.
All of the defendants face up to 25 years for the bank robbery charge. Bonner, Pace and Jordan also face an additional seven years for the firearms conviction which must be served consecutively to any other prison term imposed. With the exception of Loring, who was permitted to remain on bond, all have been and will remain in custody pending their respective sentencing hearings.
The case is the result of the Houston Law Enforcement Violent Crime Initiative created to proactively fight violent crime across the Greater Houston area. The FBI and the Houston Police Department conducted the investigation. Assistant U.S. Attorneys Richard D. Hanes and Heather Rae Winter are prosecuting the case.
Junior Feliz Sentenced in Connection with Armed Robbery of McDonald’s Restaurant in Lockhart Shopping CenterRead the Press Release
St. Thomas, USVI – Junior Feliz, 22, of the Dominican Republic, was sentenced today for his role in the armed robbery of the McDonald’s restaurant in Lockhart Shopping Center, United States Attorney Gretchen C.F. Shappert announced.
District Court Judge Curtis V. Gomez sentenced Feliz to 36 months in prison for conspiracy to commit Hobbs Act robbery. Judge Gomez also sentenced Feliz to three years of supervised release, ordered him to pay a $100 special assessment, and perform 300 hours of community service.
On June 6, 2017, Feliz pleaded guilty to conspiracy to commit Hobbs Act robbery. According to documents filed in court, on March 25, 2017, members of the Virgin Islands Police Department (VIPD) responded to reports of a robbery at the McDonald’s restaurant in Lockhart Shopping Center. After an exchange of gunfire, the armed individuals inside the McDonald’s restaurant surrendered to law enforcement and were taken into custody. Feliz was arrested after the investigation revealed that he was the driver of the getaway vehicle and was involved in the planning, execution, and attempted cover-up of the robbery.
The case was investigated by the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco and Firearms, and VIPD. The case was prosecuted by Assistant U.S. Attorney Sigrid M. Tejo-Sprotte and former Criminal Chief Christian A. Fisanick.
Ivan Reyes ChargedRead the Press Release
HAMMOND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Ivan Reyes, age 30, of Calumet City, Illinois was charged by Complaint with the Murders of Lauren Calvillo and Christopher White.
According to documents in this case, Reyes was charged in a criminal complaint with two counts of murder resulting from the use and carrying of a firearm during and in relation to a drug trafficking crime. According to the criminal complaint, on June 29, 2015, Ivan Reyes as a member of the Latin Counts was involved in the shooting deaths in Hammond, Indiana, of Lauren Calvillo and Christopher White. The criminal complaint further alleges that the shooting was in furtherance of a conspiracy to distribute marijuana and cocaine by members of the Latin Counts street gang and as a result of an ongoing gang conflict between the Latin Counts and Latin Kings street gangs in Hammond, Indiana.
United States Attorney Thomas L. Kirsch II said, “The murders of Lauren Calvillo and Christopher White were heinous acts of senseless gang violence. Due to a relentless investigation conducted with our law enforcement partners, I am pleased that we are able to bring charges in this case at this time. Our investigation is ongoing and will not end until all responsible for these terrible acts are brought to justice.”
The United States Attorney's Office emphasized that a Complaint is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the ATF/HIDTA Task Force and the Hammond, Indiana Police Department, and the investigation has received substantial assistance from numerous law enforcement agencies including the FBI / GRIT Task Force, the Gary Police Department, the Indiana State Police, and the East Chicago Police Department. The case is being handled by Assistant U.S. Attorneys David J. Nozick, Thomas R. Mahoney, and Dean R. Lanter.
###
Investment Fund Manager Sentenced in Brooklyn Federal Court to 36 Months’ Imprisonment for Orchestrating Multi-Million Dollar Fraud SchemesRead the Press Release
Earlier today, in federal court in Brooklyn, Diane W. Lamm, a manager of Capital L Financial Group, LLC (Capital L) and Aegis Capital Fund, LLC (Aegis Capital Fund), was sentenced to 36 months’ imprisonment having pled guilty to two counts of securities fraud for defrauding investors out of millions of dollars in two separate schemes. Lamm pled guilty to the charges on February 5, 2016. The Court also ordered Lamm to pay restitution to the victims in the amount $15,640,582.46. The sentencing took place before United States District Judge Frederic Block.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.
“To support their luxurious lifestyles, Lamm and her co-defendant stole millions of dollars from investors and their retirement accounts,” stated United States Attorney Donoghue. “Today’s sentence sends a powerful message of deterrence to others who would consider deceiving investors. This Office, together with our partners at the FBI, is committed to holding financial fraudsters accountable for their conduct.”
“Investment advisers are required to act in the best interest of their clients. Lamm did just the opposite by taking advantage of those who trusted her with their money, benefitting personally from illegitimately obtained profits,” stated FBI Assistant Director-in-Charge Sweeney. “The FBI has dedicated a significant amount of resources to uncovering financial crimes targeted against individuals, businesses, and industries. Today’s sentencing serves as a fine example of our continued success in this area.”Between 2009 and 2013, Lamm was involved in two schemes to steal investors’ money. In the first, she and her co-defendant, John R. Lakian, obtained more than $11 million by promising Capital L investors that their money would be used to purchase, consolidate, and sell registered investment advisory businesses. Instead, Lamm and her co-defendant diverted more than $3 million to themselves and to entities, including hospitality businesses that they owned and controlled. In the second scheme, Lamm and her co-defendant embezzled money through their management of Aegis Capital Fund, a North Carolina-based investment fund that was placed into liquidation in 2011. Prior to the liquidation, Lamm and her co-defendant directed more than $2.4 million of Fund assets into hospitality businesses without informing the Fund’s investors that Lamm and her co-defendant owned and controlled these businesses. More than $1.9 million of the $2.4 million of Fund assets was never recovered by the investors. Additionally, following the Fund’s liquidation, instead of returning investment proceeds to investors, Lamm and her co-defendant diverted more than $2 million of investors’ money to themselves and to their hospitality businesses. The government has identified credit card charges and company expenses for purposes unrelated to the purchase, consolidation and sale of registered investment advisers. Charges were incurred, for example, for clothing, furniture and fine art from luxury stores such as Bergdorf Goodman, Gucci and Paul Stewart; stays at the Palace and Waldorf Astoria hotels in New York City; getaways at luxury resorts; and items for Lamm and her co-defendant’s restaurant business.
Lamm’s co-defendant, John R. Lakian, pleaded guilty in February 2016 to two counts of securities fraud. He was sentenced, on December 15, 2017, to 55 months’ imprisonment and ordered to pay restitution to the victims in the amount $15,640,582.46.The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorney Whitman G.S. Knapp is in charge of the prosecution. Assistant United States Attorney Karin Orenstein of the Office’s Civil Division is responsible for the forfeiture of assets.
The Defendant:DIANNE W. LAMM
Age: 57
New York, New York
E.D.N.Y. Docket No. 15-CR-0043 (FB)
Investigators Stop Former Department of Veterans Affairs Employee from Selling Personal Information of Veterans and Federal EmployeesRead the Press Release
LITTLE ROCK—Cody Hiland, United States Attorney for the Eastern District of Arkansas, announced today the unsealing of an indictment charging Phillip Hill, 32, of Benton, a former Department of Veterans Affairs (VA) database manager, with attempting to sell the personal information of veterans and VA employees.
The indictment, returned by a grand jury in the Eastern District of Arkansas on January 9, 2018, and unsealed today, charges Hill with attempted trafficking of access devices (i.e., social security numbers), aggravated identity theft, and possession of device-making equipment. Hill was previously arrested on December 17, 2017, and charged via complaint on December 18, 2017. Today Hill appeared before United States Magistrate Judge Joe J. Volpe and was released on bond. Trial is set for March 5, 2018.
The investigation revealed that Hill offered to sell the personal data of veterans, their dependents, and VA employees for $100,000 to a confidential source working with law enforcement. Hill was terminated by the VA on December 6, 2017. After being fired from the VA, Hill said he could still access the information remotely with a VA computer in his possession, or by stealing a VA server. Hill was arrested outside a secure area at the VA that housed the data he was offering for sale. Law enforcement officers executing a search warrant found a VA computer in Hill’s home.
“Mr. Hill tried to use his position and skills to enrich himself at the expense of veterans who have honorably served our country, and the VA employees working to serve them,” Hiland said. “This indictment reflects our commitment to defending our veterans and federal employees from those who take advantage of their public service by illegally accessing and selling their personal information. It will not be tolerated and will be prosecuted to the fullest extent of the law.”
Law enforcement officers arrested Hill before he could sell the VA data. Through a variety of investigative methods, investigators also discovered that Hill committed aggravated identity theft by using the personal information of another person, and illegally possessed blank identification cards.
The maximum penalty for trafficking in social security numbers is up to 10 years’ imprisonment and three years of supervised release. The penalty for aggravated identity theft is two years’ imprisonment and one year of supervised release. The maximum penalty for possessing access device-making equipment is up to 15 years’ imprisonment and three years of supervised release. Additionally, each of these offenses is also punishable by a fine of not more than $250,000.
The case is being investigated by the Department of Veterans Affairs, Office of Inspector General, and United States Secret Service. It is being prosecuted by Assistant United States Attorneys Ali Ahmad and Hunter Bridges.
An indictment contains only allegations. A defendant is presumed innocent unless and until proven guilty.
# # #
Individual Who Compromised over 1,000 Email Accounts at A New York City University Sentenced to 6 Months in PrisonRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JONATHAN POWELL was sentenced yesterday to six months in prison for computer fraud in connection with his scheme to obtain unauthorized access to more than 1,000 email accounts maintained by a New York City-area university in order to download sexually explicit photos and videos. POWELL previously pled guilty to the charge on August 9, 2017, in Manhattan federal court before United States District Judge Alison J. Nathan, who also imposed POWELL’s sentence.
U.S. Attorney Geoffrey S. Berman said: “Jonathan Powell used his computer skills to breach the security of a university to gain access to their students’ personal accounts. Once Powell had access, he searched the accounts for compromising photos and videos. No college student should have to fear that personal, private information could be mined by strangers for potentially compromising material.”
According to the allegations in the Information to which POWELL pled guilty, a criminal complaint filed against POWELL and other filings made in the case, and statements made during the plea and other proceedings in the case:
From October 2015 up to September 2016, POWELL obtained unauthorized access to email accounts hosted by a U.S.-based university, which has its primary campus in New York, New York (“University-1”). POWELL obtained unauthorized access to these accounts by accessing the password reset utility maintained by the email servers at Univeristy-1, which was designed to allow authorized users to reset forgotten passwords to accounts. POWELL utilized the password reset utility to change the email account passwords of students and others affiliated with University-1. Once POWELL gained access to the compromised email accounts (the “Compromised Accounts”), he obtained unauthorized access to other password-protected email, social media, and online accounts to which the Compromised Accounts were registered, including, but not limited to, Apple iCloud, Facebook, Google, LinkedIn, and Yahoo! accounts.
Specifically, using the Compromised Accounts, POWELL requested password resets for linked accounts hosted by those websites (the “Linked Accounts”), resulting in password reset emails being sent to the Compromised Accounts, which allowed POWELL to change the passwords for the Linked Accounts. POWELL then logged into the Linked Accounts and searched within the Linked Accounts, gaining access to private and confidential content stored in the Linked Accounts. In one instance, POWELL searched a University-1 student’s linked Gmail account for digital photographs and for various lewd terms. The Government’s investigation ultimately revealed that POWELL accessed the Compromised and Linked Accounts in order to download sexually explicit photographs and videos of college-aged women.
An analysis of University-1 password reset utility logs and other data revealed that POWELL accessed the University-1 password reset utility approximately 18,640 different times between October 2015 and September 2016. During that time, POWELL attempted approximately 18,600 password changes in connection with approximately 2,054 unique University-1 email accounts, and succeeded in making approximately 1,378 password changes in connection with approximately 1,035 unique University-1 email accounts, in some cases compromising the same email account multiple times.
Additional investigation revealed that POWELL had also compromised 15 email accounts hosted by a second university located in Pennsylvania. In a post-arrest statement made to investigating agents, POWELL additionally admitted to compromising email accounts at several other educational institutions located in Arizona, Florida, Ohio, and Texas.
* * *
In addition to the prison term, POWELL, 30, Phoenix, Arizona, was sentenced to two years of supervised release and ordered to pay $278,855 in restitution.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorney Christopher J. DiMase is in charge of the prosecution.
Indiana Man Sentenced to 20 Years in Prison for Travelling Across State Lines to Engage in Sex with MinorsRead the Press Release
LOUISVILLE, Ky. – Today, United States District Judge David J. Hale sentenced a Lexington, Indiana, man to 20 years in prison followed by 20 years of Supervised Release for violating federal child exploitation laws, announced United States Attorney Russel M. Coleman. There is no parole in the federal system.
Last September, Jeffrey Lee Justice, 57, pled guilty to travelling from Indiana to Kentucky to engage in sexual activity with a 14-year-old girl. According to the plea agreement and other court records, law enforcement officials became aware of Justice’s conduct as the result of an online undercover operation.
On November 22, 2016, an investigator with the Kentucky Attorney General’s Department of Criminal Investigations, acting in undercover capacity, created a Craigslist ad in Louisville, Kentucky, under the personals tab. The ad did not include any statement requesting sexual contact from responders. That same day, Justice contacted the investigator through the Craigslist e:mail server. During the communications, the investigator stated that he was a caretaker for two minor children. Justice requested to meet the children for sexual activity.
Justice, who lived in Indiana, arrived at the agreed upon location. Law enforcement officials watched him drive into the parking lot in Jefferson County, Kentucky, on November 28, 2016. Justice had an LG VS425 smartphone in his possession at the time of his arrest. A state search warrant executed on the phone revealed that it was the device used to communicate with the investigator.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Kentucky Office of Attorney General’s Department of Criminal Investigations conducted the investigation.
***
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Illinois Man Sentenced to Federal Prison for Robbing Two Texas BanksRead the Press Release
In El Paso yesterday afternoon, a federal judge sentenced 21-year-old Reiquon Gaines of Evanston, IL, to 30 months in federal prison followed by three years of supervised release and ordered him to pay a combined $15,853 in restitution for two bank robberies in the Western District of Texas, announced United States Attorney John F. Bash, FBI Special Agent in Charge Emmerson Buie, El Paso Division, and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
On September 1, 2017, Gaines pleaded guilty to two counts of aiding and abetting bank robbery by force or violence. By pleading guilty, Gaines admitted to serving as the getaway driver following the robberies of the United Bank of El Paso Del Norte in El Paso on September 9, 2016, and the Texas Partners Federal Credit Union in Copperas Cove, TX, on November 15, 2016.
On July 17, 2017, a federal judge sentenced Gaines’s co-defendant, 21-year-old Shawn Anthony Williams of El Paso, to 21 months in federal prison after pleading guilty to conspiring to commit the El Paso bank robbery. Gaines’s other co-defendant, 23-year-old Jerrious Javonte Jackson of Killeen, TX, is currently in custody in Illinois facing federal charges in connection with two bank robberies in Illinois as well as the Copperas Cove bank robbery.
FBI special agents in El Paso and in Waco investigated this case. Assistant United States Attorneys Shane Wagman in El Paso and Greg Gloff in Waco prosecuted this case.
Honduran National Charged with Illegal ReentryRead the Press Release
U.S. Attorney Duane A. Evans announced that MARVIN OYUELA LOPEZ, age 30, a citizen of Honduras, was charged today in a one-count indictment with illegal reentry of a removed alien, in violation of 8 U.S.C. ' 1326(a).
According to the indictment, MARVIN OYUELA LOPEZ reentered the United States after having been previously removed on December 10, 2013.
If convicted, MARVIN OYUELA LOPEZ faces a maximum term of imprisonment of ten years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment.
U. S. Attorney Evans reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U. S. Attorney Spiro G. Latsis is in charge of the prosecution.
Haltom’s Jeweler Robber Sentenced to 262 Months in Federal PrisonRead the Press Release
FORT WORTH — Willie Thompson, Jr., 53, of Oklahoma City, Oklahoma, was sentenced this week by U.S. District Judge Reed C. O’Connor to serve a total of 262 months in federal prison, following his guilty plea in August 2017 to his role in the conspiracy to rob Haltom’s Jewelers in Grapevine, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
Thompson pleaded guilty to one count of interference with commerce by robbery and one count of using, carrying, and brandishing a firearm during and in relation to, and possessing and brandishing a firearm in furtherance of, a crime of violence. He has been in custody since April 2017 on a related federal complaint.
According to plea documents filed in the case, on October 3, 2014, Thompson, along with co-defendants Garland Gilmore Lenoir III, Melvin Lewis Andrews, Tony Eugene Gabriel and Kim Yvette Brown, traveled to Haltom’s Jewelers in a stolen vehicle. Andrews, Lenoir, Thompson and Gabriel, entered the store wearing masks and carrying handguns and hammers. Thompson held a store employee in a back room at gunpoint while Andrews, Lenoir, and Gabriel smashed the display cases with hammers and stole merchandise, to include jewelry and watches.
The FBI and Grapevine Police Department investigated the case. Special Assistant U.S. Attorney Dan Cole was in charge of the prosecution.
# # #
Hagerstown Woman Sentenced to Two Years in Prison for Aggravated Identity TheftRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – United States District Judge Catherine C. Blake has sentenced Kimberly Duckfield a/k/a “Sincere,” age 31, of Hagerstown Maryland to two years in prison followed by one year of supervised release after Duckfield pleaded guilty to aggravated identity theft.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Commissioner Darryl De Sousa of the Baltimore City Police Department; Secretary Stephen T. Moyer of the Maryland Department of Public Safety and Correctional Services (DPSCS); and the National Security Agency Police.
According to her plea agreement, Duckfield was married to her co-defendant, Dontae Small. Small was convicted by a federal jury in November 2016 for carjacking and destruction of government property. Small fled from police and drove the carjacked vehicle into the gates of the National Security Agency, causing a massive shutdown, in October 2015.
On January 4, 2016, officers from DPSCS Intelligence Division searched Small’s cell and found two inmate manufactured knives, commonly referred to as “shivs,” in the light fixture. Unknowingly, one of the officers had dropped his debit card in the cell, though it was returned to him shortly after the search. Small provided the stolen debit card number to Duckfield who then used the card to make fraudulent charges. On March 23, 2016, a federal search warrant was executed at Duckfield’s home in Hagerstown, where agents found and seized the items purchased with the stolen card as well as the phone and tablet used to commit the fraud. Duckfield was ordered to pay restitution to the bank in the amount of $286.
Small is scheduled for sentencing in the carjacking case at 10:00 a.m. on May 1, 2018 before United States District Judge James K. Bredar, and for trial in the fraud and identity theft case on April 16, 2018 at 9:30 a.m. before Judge Blake.
Acting United States Attorney Stephen M. Schenning commended FBI, BPD, DPSCS and the NSA Police for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Sandra Wilkinson and Paul Riley, who are prosecuting the case.
Guatemalan National Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Guatemalan national was sentenced today in federal court in Boston to a federal immigration charge.
Selvin Danilo Herrera-Arana, 33, was sentenced by U.S. District Court Judge Leo T. Sorokin to 18 months in prison, three years of supervised release and will be subject to deportation proceedings upon completion of his sentence. In October 2017, Herrera-Arana pleaded guilty to one count of unlawful reentry of a deported alien.
In July 2017, Herrera-Arana was arrested in Lynn and determined to be illegally present in the United States, having previously been deported on three different occasions: April 7, 2009, following a conviction for resisting arrest; Sept. 4, 2012, following a conviction for resisting arrest; and Sept. 9, 2014, following a conviction for illegal reentry.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit prosecuted the case.
Fresno Man Indicted for Illegally Possessing and Dealing FirearmsRead the Press Release
FRESNO, Calif. — A federal grand jury returned a four-count indictment against James Bowen, 39, of Fresno, today charging him with being a felon in possession of a firearm, engaging in the business of dealing firearms without a license, and possession of an unregistered firearm, U.S. Attorney McGregor W. Scott announced.
“The injection of firearms into our communities through illegal sales like the ones charged in today’s indictment pose a serious public safety threat,” said U.S. Attorney Scott. “The U.S. Attorney’s Office will continue to collaborate with our state, local and federal partners to enforce gun laws that keep guns out the hands of criminals.”
“Public safety is at the forefront of ATF’s mission,” said Special Agent in Charge Jill Snyder, ATF, San Francisco Field Division. “It is our duty to make this community a safer place for families. When law enforcement agencies create a unified front against violent crime, operations, like this one, will be successful.”
According to court documents, between February 23, 2017, and January 16, 2018, it is alleged that Bowen was engaged in the business of dealing firearms without a license. On January 16, 2018, a search warrant was issued for Bowen’s residence and 221 firearms were seized: 85 rifles, 35 shotguns, 94 pistols, five suspected silencers, one suspected machine gun, and one full auto sear. Bowen has a prior felony conviction and is prohibited from possessing firearms.
If convicted, Bowen faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for being a felon in possession of a firearm and possessing an unregistered firearm. The maximum statutory penalty for engaging in the business of dealing firearms without a license is five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is 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. Attorney Kimberly A. Sanchez is prosecuting the case.
Founder and CEO of Wright Time Capital Group Sentenced to 21 Months in Prison for Commodities FraudRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that MICHAEL S. WRIGHT was sentenced today by U.S. District Judge Paul A. Engelmayer to 21 months in prison for commodities fraud in connection with WRIGHT’s operation of an investment fund, Wright Time Capital Group (“WTCG”). WRIGHT misrepresented the historical trading performance of WTCG, and misappropriated a large amount of investor funds. After depleting most of the funds actually invested through losing forex trades, WRIGHT began operating WTCG as a Ponzi scheme by obtaining funds from investors that were then used to make payments to earlier investors who had demanded the return of investments.
U.S. Attorney Geoffrey S. Berman said: “Michael Wright took advantage of the trust his investors placed in him. Instead of acting in his investors’ best interests, he lied to them by issuing fraudulent account statements to hide losses and ultimately operating WTCG as Ponzi scheme. Wright has now been held to account for his fraudulent scheme.”
According to the Complaint, the Indictment, and other statements made in court proceedings:
WRIGHT started WTCG in January 2011, and ultimately obtained close to $400,000 in investments from victims (the “Victims”). While WRIGHT did initially execute some forex trades on behalf of the Victims, he then began to steal their money, using investor funds for personal expenses, including hotel stays, travel, and tattoos. From the outset of WTCG, WRIGHT misrepresented to WTCG’s investors the gains he had achieved. WRIGHT claimed in statements to Victims that he had achieved double-digit gains through forex trading in WTCG’s first six months of existence. In reality, WRIGHT earned little to no money through his forex trading. In fact, after losing Victim funds in bad forex trades, WRIGHT sent them falsified account statements hiding these losses. Ultimately, WRIGHT operated WTCG as a Ponzi scheme, using Victim funds to make payments to other Victims who were demanding the return of their investments.
* * *
In addition to the prison term, WRIGHT, 30, of Rockville Centre, New York, was sentenced to three years of supervised release and ordered to pay $358,000 in restitution.
Mr. Berman praised the efforts of the Federal Bureau of Investigation in this case.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant United States Attorney Jacob Warren is in charge of the prosecution.
Fort Thompson Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jordan Traversie, age 27, was indicted on January 17, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 22, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum period of 5 years, up to life, of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between October 23, 2017, and November 1, 2017, Traversie, a person required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his registration.
The charge is merely an accusation and Traversie is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Traversie was remanded to the custody of the U.S. Marshals Service pending trial, which has not been set.
Former Virginia Detective Sentenced to 23 Years in Prison for Sexually Exploiting MinorsRead the Press Release
A former Virginia detective with the Madison County Sheriff’s Office, who was most recently assigned to the Internet Crimes Against Children Task Force, was sentenced today in the U.S. District Court for the Western District of Virginia in Charlottesville for multiple charges of sexually exploiting minors, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Rick A. Mountcastle for the Western District of Virginia announced.
Bruce Arlie Harvey, 42, of Reva, Virginia, pleaded guilty on Aug. 14, 2017, and was sentenced on Jan. 25, to 276 months in prison for three counts of transporting a minor across state lines with the intent to engage in criminal sexual acts, three counts of interstate travel with minors with the intent to engage in illicit sexual conduct and one count of possession of child pornography.
According to the information presented during the guilty plea and during the sentencing hearing, Harvey, while a karate instructor at the Virginia Tong Leong School of Karate in Madison, Virginia, began making sexual advances toward the two minor female victims in this case while they were students at the karate school. Harvey engaged in illegal sexual acts with these children after he began giving them private karate lessons and began traveling with each of them to karate competitions and other events at various out-of-state locations, including California and Maryland. This conduct took place between 1998 and 2007.
Additional evidence presented during the guilty plea revealed that at the time of his arrest on May 3, 2017, investigators recovered a Sony microcassette in a bedroom closet that contained a film clip dated Feb. 14, 2007, that showed one of the victims performing a sexual act with Harvey in his Madison County home.
The FBI and the Virginia State Police investigated this case. Assistant U.S. Attorney Nancy S. Healey and Trial Attorney Lauren S. Kupersmith of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) prosecuted this 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.
Former New York Giants Player Sentenced to 2 Years in Prison in Connection with a $1.5M Insurance Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Marcus Buckley, 46, of Weatherford, Texas, was sentenced today by U.S. District Judge Troy L. Nunley to two years in prison and ordered to pay over $1.58 million in restitution, U.S. Attorney McGregor W. Scott announced.
According to court documents, Buckley played professional football in the National Football League for seven seasons between 1993 and 2000 with the New York Giants. During this time, the Giants had workers’ compensation insurance coverage through Pennsylvania Manufacturer’s Association Insurance Group (PMA).
In 2006, Buckley filed a worker’s compensation claim against the Giants for cumulative stress injuries sustained while playing football, in part, in California. During the first week of November 2010, Buckley, the Giants, and PMA settled the Buckley claim for $300,000 pursuant to a “Compromise and Release” Agreement.
After Buckley’s claim had been settled, between late 2010 and June 2011, Buckley prepared and filed numerous requests for additional reimbursement under his claim. As part of these requests, Buckley prepared false invoices and statements from medical providers for medical services purportedly provided to him. Other times, Buckley prepared false credit collection notices from collection agencies purportedly seeking payment from Buckley from various medical providers for past due medical bills. Buckley transmitted the false invoices, statements and credit collection letters to his co-defendant, Kimberly Jones, who was a claims adjuster at Gallagher Bassett Services Inc. in its Sacramento office. Gallagher Bassett was a third-party administrator that managed, among other things, workers’ compensation claims in California on behalf of PMA. Jones was aware that Buckley was not entitled to additional reimbursement under his disability claim and that the submitted documentation and requests were false. Jones caused the issuance of Gallagher Bassett checks payable to Buckley, and Buckley ultimately received over $1,588,000 in funds to which he was not entitled.
During the sentencing hearing, Judge Nunley found that Buckley engaged in a massive amount of fraud and caused serious reputational damage to the victim, Gallagher Bassett. Judge Nunley also said that Buckley’s actions were rooted in greed.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael M. Beckwith is prosecuting the case.
Jones is scheduled to be sentenced on February 8, 2018, by U.S. District Judge Troy L. Nunley. Jones faces a maximum sentence of 20 years in prison, a fine of $250,000 or twice the gross gain or loss in the case, and a three-year term of supervised release. The actual sentence will be determined at the discretion of the court after consideration of any applicable statutory sentencing factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Former Chairman of Board of Trustees for South Carolina State Resentenced to 4 Years in Federal PrisonRead the Press Release
Columbia, South Carolina --- United States Attorney Beth Drake announced that Jonathan Pinson, age 47, of Greenville, South Carolina, was resentenced today in federal court in Charleston, South Carolina, for Conspiracy to Commit Wire Fraud (Counts 12, 18), Mail Fraud (Counts 25, 26), Wire Fraud (Counts 27-34), Money Laundering (Counts 35-41) and False Statements (Counts 43-46 and 48-50). United States District Judge David C. Norton sentenced Mr. Pinson to 48 months concurrent on each count of conviction, to be followed by 3 years supervised release. Judge Norton imposed restitution in the amount of $337,843.05.
In June 2014, a jury convicted Mr. Pinson for his involvement in four different schemes. One scheme revolved around the 2011 homecoming concert at SCSU and Mr. Pinson’s efforts to steer the concert promotion contract to his close friend and former SCSU roommate in exchange for a kickback.
Other schemes included Mr. Pinson’s theft of government funds earmarked for the installation of a diaper plant in Marion County. Evidence showed that proceeds from the grant, intended to create jobs in rural Marion County, were instead pocketed by Mr. Pinson and his associates, Lance Wright, Tony Williams, and Phil Mims, each of whom pled guilty to charges related to the fraud.
Mr. Pinson was also convicted of theft of government funds received from a 10 million dollar American Recovery and Reinvestment Act (ARRA) grant (commonly known as stimulus money) intended for the development known as the Village at Rivers Edge (VRE).
In the final scheme Mr. Pinson again used his position as Chairman of the Board of SCSU to influence officials at SCSU to purchase land known as “Sportsman’s Retreat”. The seller of the property, Richard Zahn, Pinson’s business partner, testified that he agreed to pay a kickback to Mr. Pinson in the form of a new Porsche Cayenne, an SUV valued at approximately 90 thousand dollars.
During the two and one-half week trial, the Government called twenty witnesses, introduced approximately 200 exhibits and played 118 secretly recorded telephone calls. The calls, authorized by a court ordered wiretap, covered from July 21 to November 20, 2011.
Mr. Pinson was originally sentenced on May 20, 2015. He appealed and the Fourth Circuit Court of Appeals vacated his conviction on three of the counts of conviction, necessitating a resentencing hearing.
The case was investigated by agents of the Federal Bureau of Investigation (FBI), State Law Enforcement Division (SLED), Department of Housing and Urban Development, Office of Inspector General (HUD-OIG) and Internal Revenue Service, Criminal Investigations (IRS-CI). Assistant United States Attorneys Dewayne Pearson, J.D. Rowell, Jane Taylor, and Nancy Wicker of the Columbia office prosecuted the case.
#####
Florida Man Sentenced for Cocaine DistributionRead the Press Release
BOSTON – A Tampa, Fla., man was sentenced today in federal court in Springfield for distributing cocaine.
Angel Martinez, 40, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 20 months in prison and three years of supervised release. In September 2017, Martinez pleaded guilty to distributing cocaine in Springfield on May 19, 2015. Martinez’s conviction was part of an 11-month investigation into cocaine, heroin, and firearms trafficking in the Springfield area by members of the Latin Kings street gang. The investigation resulted in the arrest of 16 individuals in 2015 for federal drug and firearms offenses.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The Massachusetts State Police and the Springfield and Holyoke Police Departments provided assistance with the investigation. Assistant U.S. Attorney Katharine A. Wagner of Lelling’s Springfield Branch Office prosecuted the case.
Federal jury finds Detroit man guilty of heroin conspiracyRead the Press Release
HUNTINGTON, W.Va. – A federal jury sitting in Huntington returned a guilty verdict today in the trial of a Detroit man for his role in a Huntington heroin conspiracy, announced United States Attorney Mike Stuart. Charles Duncan Pippins, 49, of Detroit, was convicted of conspiracy to distribute 100 grams or more of heroin following a jury trial that began on Tuesday. Last week, Pippins pled guilty to the other indicted charges – one count of distributing heroin and one count of possessing heroin with intent to distribute.
“I want to commend the outstanding work of the Cabell County Sheriff’s Department and our prosecutors, AUSAs Joe Adams and Matt Davis, who tried this case,” said U.S. Attorney Stuart. “We are dedicated to working night and day to make sure we stop this drug scourge.”
Witnesses for the United States testified that from the summer of 2013 to September 2016, Pippins conspired with others to distribute over 100 grams of heroin in the Huntington area. The evidence showed that during the course of the conspiracy, Pippins recruited multiple co-conspirators who transported heroin on his behalf from his residence in Detroit to Huntington. Witnesses testified that Pippins used the same individuals to distribute heroin, and to rent hotel rooms in their names, which he used for selling heroin. The evidence further showed that Pippins would front heroin to individuals to sell, and that they would bring the cash proceeds back to him at hotels in Huntington or at his residence in Detroit.
Pippins pleaded guilty last week to the other indicted charges, admitting that on September 12, 2016, deputies with the Cabell County Sheriff’s Department used a confidential informant to make a controlled purchase of heroin from Pippins. The informant traveled to the Days Inn Hotel located on U.S. Route 60 in Huntington, where Pippins distributed heroin to the informant. Deputies executed a search warrant on his room, and as agents entered, Pippins flushed heroin down the toilet. During the search of the room, deputies seized approximately six grams of heroin that Pippins admitted he intended to sell. An analyst with the West Virginia State Police Forensic Laboratory confirmed that the heroin was mixed with fentanyl, a powerful opiate painkiller.
Pippins faces at least five and up to 40 years in federal prison for the heroin conspiracy. He also faces up to 20 years in federal prison for each of the other two drug charges. The sentencing is scheduled for April 30, 2018.
United States District Judge Robert C. Chambers presided over the trial.
This case is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
- Follow us on Twitter: SDWVNews
Federal grand jury indicts Shreveport businessman for defrauding $96 million from investors and financial institutionsRead the Press Release
SHREVEPORT, La. – United States Attorney Alexander C. Van Hook announced that a federal grand jury returned a five-count indictment charging a Shreveport businessman with scamming more than $96 million from investors and financial institutions.
David D. deBerardinis, 56, of Shreveport, was charged with four counts of wire fraud and one count of attempted bank fraud. According to the indictment, from 2008 to 2016, deBerardinis falsely represented himself through the use of fake documents, identities, business transactions and other false information to obtain more than $96 million from investors and lending institutions. He operated numerous business entities and represented himself as part of the petroleum industry involved in the sale, trade and transport of fuel. The defendant created fraudulent documents, including fake bank statements, fake checks, fuel trade agreements, promissory notes, tolling agreement letters, news articles, in-line production tickets and other fake documents to misrepresent his business activities to investors. He even disguised himself as an Orthodox Jewish businessman at one point while trying to obtain investor funds from a New York-based private equity group after hiring a professional makeup artist. He also falsely claimed to have obtained an international shippers’ license, which required vetting by the FBI and Department of Homeland Security. Through these false statements and omissions to investors, deBerardinis obtained millions of dollars from investors in Shreveport, Louisiana and elsewhere.
The defendant faces 20 years in prison for the wire fraud counts and 30 years in prison for the attempted bank fraud count. He also faces a $1 million fine, restitution, forfeiture, and five years of supervised release for each count.
The FBI, U.S. Secret Service and the Caddo Parish Sheriff’s Office investigated the case. Assistant U.S. Attorneys Cytheria D. Jernigan, Christopher J. Stokes, Joseph A. Magliolo and Seth D. Reeg are prosecuting the case. The investigation and prosecution of this case has been a cooperative endeavor between the U.S. Attorney’s Offices in Shreveport and Dallas.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Federal Prisoner Pleads Guilty to Possessing a WeaponRead the Press Release
Jackson, Miss. – Joseph Shaw, 35, a federal inmate, pled guilty today, before United States District Judge Henry T. Wingate, to possession of a weapon within a federal prison, announced U.S. Attorney Mike Hurst.
On June 21, 2017, during a routine search, federal correctional officers at the United States Penitentiary in Yazoo City, Mississippi, discovered Shaw in possession of a weapon. The weapon, a sharpened piece of plastic approximately 5.5 inches long, was confiscated.
Shaw will be sentenced in Jackson by Judge Wingate on May 21, 2018, at 9:30 a.m. He faces a maximum penalty of five additional years in prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Prisons, Special Investigative Section. It is being prosecuted by Assistant United States Attorney Jennifer Case and Special Assistant United States Attorney Woelke Leithart.
Federal Jury Convicts Two Gang Members with being unlawful users of Controlled Substance in Possession of FirearmsRead the Press Release
Memphis, TN – After a two and a half-day trial, a jury has convicted two gang members of illegally possessing firearms. D. Michael Dunavant, United States Attorney for the Western District of Tennessee, announced the conviction today.
According to the information presented at trial, on May 27, 2017, detectives with the Multi-Agency Gang Unit were conducting patrols at the Breath of Life Christian Center, 3795 Raleigh-Frayser, during the funeral of a known gang member. While at the scene, detectives observed a silver Toyota Camry enter the church parking lot. The driver exited and three other occupants remained in the vehicle. Jamal Bowens, 19, was seated in the rear driver side seat, and Lee Hope, 21, in the rear passenger’s seat. The defendants are known gang members who regularly use controlled substances.
Detectives approached the vehicle and immediately smelled a strong odor of marijuana. Law enforcement also discovered a marijuana cigar located in the seat between Bowen and Hope and a Rossi .357 revolver on the floorboard under Bowen’s feet. The occupants were then removed from the car. Upon a search of Hope’s person, a stolen Smith and Wesson .40 caliber pistol was recovered.
U.S. Attorney D. Michael Dunavant said: "Based upon Attorney General Sessions’ announced priority for violent crime reduction, this office has resolved to be more aggressive and creative in using all of the applicable federal statutes to charge firearms offenses, and this case is a prime example of that commitment. I want to commend our law enforcement partners as we continue to work together to bring to justice those causing havoc throughout the Western District of Tennessee by the illegal use and possession of firearms. As this conviction demonstrates, if you are a gang member intent on committing crimes with a firearm in this district, rest assured you will be brought to justice. Gun Crime is Max Time."
The defendants face a maximum penalty of ten years in imprisonment and a $250,000 fine. Sentencing is set for April 27, 2018, before the Honorable Sheryl H. Lipman.
Lee Hope currently has cases pending for criminal attempt first-degree murder, in concert, and reckless endangerment with a deadly weapon in Shelby County Criminal Court.
Jamal Bowens has cases pending for aggravated robbery and criminal attempt first-degree murder in Shelby County Criminal Court.
This case was investigated by the Multi-Agency Gang Unit, Memphis Police Department, Shelby County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant U.S. Attorney Marques Young is prosecuting this case on the government’s behalf.
Federal Jury Convicts Three Men of Hobbs Act Robbery and Related Gun ChargesRead the Press Release
St. Thomas, USVI – After a two-day trial, yesterday a federal jury found Ron Delano Kuntz, 42, Keon Wilson, 22, and Shawn McIntosh, 24, guilty of Hobbs Act Robbery, Conspiracy to Commit Hobbs Act Robbery, and Brandishing a Firearm During a Crime of Violence, United States Attorney Gretchen C.F. Shappert, announced.
Kuntz, Wilson, and McIntosh each face up to 20 years for the Hobbs Act robbery and conspiracy charges and an additional consecutive mandatory minimum sentence of seven years for the brandishing of a firearm charge.
According to the evidence presented at trial, Kuntz, Wilson, and McIntosh were members of a group that conspired to rob Gems and Gold Corner Jewelry store on St. Thomas on September 16, 2013. Wilson and McIntosh entered the store and Wilson brandished a firearm before fleeing the store with merchandise. The evidence presented at trial also showed that Kuntz purchased large hats to disguise those who went into the jewelry store, and Kuntz acted as a lookout during the robbery while in communication with other members of the conspiracy.
Three other members of the conspiracy, Shaquille Correa, 22, Jarmaine Ayala, 36, and Wahilli James, 21, pleaded guilty to conspiracy to commit Hobbs Act robbery and related firearm offenses. A seventh defendant is pending trial. The six convicted defendants were remanded to the custody of the U.S. Marshals Service pending sentencing in May 2018.
This case was by the Federal Bureau of Investigation and the Virgin Islands Police Department. It was prosecuted by Assistant United States Attorneys Anna A. Vlasova and Kim L. Chisholm.
Federal Jury Convicts Fredericksburg Heroin DealerRead the Press Release
RICHMOND, Va. – A federal jury convicted a Fredericksburg man today on charges of conspiracy to distribute and possess with intent to distribute a kilogram or more of heroin and of being a felon in possession of a firearm.
According to court records and evidence presented at trial, Dustin Washington, 35, joined a conspiracy in late 2014 with several other individuals to sell heroin in the Fredericksburg and Spotsylvania County areas. Over the course of the conspiracy Washington sold fentanyl, a more potent, synthetic form of heroin, at least three times, including twice to an undercover officer. Subsequently, law enforcement used a confidential source to make approximately 12 controlled purchases of heroin from Washington in 2016. Audio recordings made during the controlled purchases revealed that Washington used other members of the conspiracy to provide him heroin to sell. On April 17, 2017, law enforcement executed search warrants on the homes of two other co-conspirators, finding more than 75 grams of heroin, and large quantities of cocaine and Molly. While executing a search warrant on Washington’s vehicle, law enforcement found an AR-15 rifle in the trunk. From 2014 through 2017, Washington and his co-conspirators distributed and possessed with the intent to distribute more than 1 kilogram of heroin.
Washington faces a mandatory minimum sentence of 10 years in prison on the conspiracy charge and a maximum sentence of 10 years in prison on the firearm charged when sentenced on May 4. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office, and Colonel Gary T. Settle, Superintendent of Virginia State Police, made the announcement after U.S. District Judge Henry E. Hudson accepted the verdict. Assistant U.S. Attorney Stephen E. Anthony is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:17-cr-104.
Federal Judge Sentences Former Eagle Pass C.B.P. Officers in Marriage Fraud SchemeRead the Press Release
In Del Rio today, a federal judge sentenced two former U.S. Customs and Border Protection officers at the Eagle Pass Port of Entry for participating in a marriage fraud scheme announced United States Attorney John F. Bash; Special Agent in Charge Javier Enriquez, Customs and Border Protection Office of Professional Responsibility (CBP-OPR), El Paso Field Office; and, U.S. Citizenship and Immigration Services (USCIS) District Director Mario Ortiz.
United States District Judge Alia Moses sentenced 46-year-old Isabel Metzler to six months in federal prison followed by three years of supervised release. Judge Moses also sentenced Metzler’s husband, 37-year-old Luis Morales, to five years probation. Furthermore, Judge Moses ordered that Metzler and Morales pay fines of $7,500 and $5,000, respectively.
On July 27, 2017, Judge Moses sentenced a co-defendant in this case, Nancy Chan, to 12 months imprisonment. On January 19, 2017, a federal jury convicted Chan, a citizen of the United Kingdom and former City of Austin employee, of one count of conspiracy to commit marriage fraud and one count of conspiracy to commit mail fraud. During Chan’s two-day trial Metzler pleaded guilty to conspiracy to commit marriage fraud; Morales pleaded guilty to one count of making a false statement to a federal agent.
Testimony during trial revealed that after discussing her immigration status with her friend, Isabel Metzler, Nancy Chan entered into a fraudulent marriage agreement with a person known to Metzler and Morales for the purpose of becoming a lawfully permanent resident. On March 2, 2011, in Maverick County, Chan married the U.S. citizen. In 2014, Chan and her legal spouse submitted false documentation to obtain Lawfully Admitted Permanent Resident (LAPR) status for Chan and to seek naturalization. Chan and her spouse were subsequently interviewed separately by a USCIS officer to determine the validity of their marriage. Their answers to questions posed by the officer contained numerous inconsistencies, which revealed that the marriage was a sham.
By pleading guilty, Metzler admitted to her role in setting up and attempting to conceal the fraudulent marriage scheme. Morales admitted that on February 9, 2016, he lied to CBP-OPR investigators about his knowledge of the marriage fraud scheme and for convincing Chan’s spouse to maintain the marriage charade to authorities.
CBP-OPR, together with the USCIS, FBI and the Austin Police Department, investigated this case. Assistant United States Attorneys Todd Keagle, Chris Blanton, and Patrick Burke prosecuted this case on behalf of the government.
Federal Grand Jury Indicts Nova Charter School Chief Executive Officer and a Dallas Man for Conspiracy to Commit Wire and Mail FraudRead the Press Release
DALLAS – An indictment returned by a federal grand jury in Dallas last month, and unsealed earlier this month, charges Donna H. Woods, 63, of DeSoto, Texas, and Donatus I. Anyanwu, 59, of Dallas, Texas, with offenses related to a scheme to defraud a program used by needy schools to obtain affordable telecommunications and internet access, announced Erin Nealy Cox, U.S. Attorney for the Northern District of Texas.
Specifically, Woods is charged with one count of conspiracy to commit mail fraud and wire fraud, and three counts of wire fraud. Anyanwu is charged with one count of conspiracy to commit mail and wire fraud, one count of mail fraud, and two counts of wire fraud. Both defendants will remain on bond pending trial, which is set for March 5, 2018.
The indictment alleges that Woods, the Chief Executive Officer of Nova Charter School (Nova), and Anyanwu, the owner of ADI Engineering, Inc. (ADI), devised a scheme to defraud the Federal Communications Commission’s “E-Rate” program, which helps schools and libraries in the United States obtain affordable telecommunications and internet access. Woods used her position at Nova to select ADI as Nova’s E-Rate service provider, a bid worth approximately $478,000. In return for ADl’s selection as Nova’s E-Rate service provider, Woods received a kickback of at least $5,000 from Anyanwu.
The indictment further alleges that Woods and Anyanwu perpetuated the fraud by falsifying forms indicating that Nova had complied with E-Rate program rules and that no kickbacks were paid. Over the course of the conspiracy, ADI was paid approximately $337,951.06 in E-Rate discount funds that it was not entitled to receive.
An indictment is merely an allegation and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. If convicted, however, the defendants’ sentences will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense and the characteristics of the violation.
The indictment also includes a forfeiture allegation that would require the defendants, upon conviction, to forfeit to the U.S. any property traceable to the offense.
The case is being investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorneys Russell Fusco and Marcus Busch are prosecuting the case.
# # #
Federal Grand Jury IndictmentsRead the Press Release
United States Attorney Beth Drake stated today that a Federal Grand Jury in Florence, South Carolina, returned an Indictment against the following:
Murrells Inlet Man Indicted for Illegal Re-entry into the United States After Deportation. Jesus Patino-Lopez, age 31, of Murrells Inlet, South Carolina, was charged in a single-count indictment with illegal re-entry into the United States after deportation, a violation of Title 8, United States Code, Section 1326(a). The maximum penalty Patino-Lopez could receive is a fine of $250,000.00 and/or two years imprisonment.
The case was investigated by the Immigration and Customs Enforcement-Enforcement Removal Operations. The case is assigned to Assistant United States Attorney Lauren Hummel of the Florence office for prosecution.Two South Carolina Men Indicted in Connection with Conspiracy to Import Cocaine. Kemo Jason Smith, age 39, of Camden, South Carolina, and Deandre Adarias Jenkins, age 27, of Conway, South Carolina, were both charged in a multi-count indictment with Conspiracy to Import Cocaine and Conspiracy to Possess With Intent to Distribute Cocaine, in violation of Title 21, United States Code, Sections 846 and 963. Jenkins was additionally charged with Possession of Firearm in Furtherance of a Drug Trafficking Crime, Possession With Intent to Distribute Controlled Substances, and Unlawful Use of U.S. Mail, in violation of Title 18, United States Code, Section 924(c), and Title 21, United States Code, Sections 841 and 843(b). The maximum penalty they could receive for the conspiracy charges is a fine of $5,000,000.00 and/or 40 years imprisonment.
The case was investigated by the U.S. Postal Inspection Service with assistance by the Horry County Police Department. The case is assigned to Assistant United States Attorney Everett McMillian of the Florence office for prosecution.The United States Attorney stated that all charges in this Indictment are merely accusations and that the defendant is presumed innocent until and unless proven guilty.
#####
Elizabethtown Man Pleads Guilty to Attempted Online Enticement and Distribution of Obscene Material to A MinorRead the Press Release
LOUISVILLE, Ky. – An Elizabethtown man pled guilty to two child exploitation offenses yesterday in United States District Court, announced United States Attorney Russel M. Coleman.
Timothy Scott Walters, 51, admitted to online communications with a person he believed to be a 15-year-old girl for the purpose of meeting her to engage in sexual conduct. He also admitted to sending obscene material to the same person.
According to the plea agreement and other court records, law enforcement officials became aware of Walters’ conduct as the result of an online undercover operation. In March of last year, an investigator responded to a Louisville Craigslist ad indicating that the person who placed the ad was “looking for a sub girl to please me, the younger the better”. The investigator replied to the ad an advised that he was a 15-year-old girl. Walters asked details about the girl’s sexual history, sent graphic sexual photos of himself, and requested to meet her to engage in sex acts.
The investigator determined that Walters worked for the United States Postal Service in Elizabethtown, Kentucky. After being advised of his constitutional rights and waiving those rights, Walters admitted that he had placed the Craigslist ad that resulted in the conversation with a 15-year-old girl. He went on to state that he used the Craigslist personals site in the past to meet people for sexual encounters. In his estimate he had used the site 10 to 15 times to meet individuals for sex. He also admitted that the photos he sent to the girl were pornographic and that the age of consent in Kentucky is 16.
Walters will be sentenced on May 11, 2018, at 11:00 a.m. before Chief United States District Judge Joseph H. McKinley, Jr. Walters faces a statutorily mandated sentence of 10 years in prison and at least five years of Supervised Release. There is no parole in the federal system. Walters remains in the custody of the United States Marshals Service.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Kentucky Office of Attorney General’s Department of Criminal Investigations conducted the investigation with assistance from the United States Postal Inspectors.
***
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Eastern District of New York U.S. Attorney’s Office Joins in Collections of over $3.4 Billion in Criminal and Civil Actions in Fiscal Year 2017Read the Press Release
United States Attorney Richard P. Donoghue announced today that the Eastern District of New York, working collaboratively with other offices as well as on its own, collected over $3.4 billion in criminal and civil actions in Fiscal Year 2017. Of this amount, $3,109,923,738 resulted from cases handled in conjunction with other U.S. Attorneys’ Offices and components of the Department of Justice. Collections from criminal and civil actions handled solely by the Eastern District of New York totaled $319,091,148, with $216,178,698 in criminal actions and $102,912,449 in civil actions.
“The Eastern District’s robust recoveries in Fiscal Year 2017 reflects the Office’s commitment to justice by combatting fraud and other misconduct, forfeiting the proceeds and instrumentalities of crime, and providing restitution to the victims of crime,” stated U.S. Attorney Donoghue.
Overall, the Department of Justice collected just over $15 billion in civil and criminal actions in the fiscal year ending September 30, 2017.
Additionally, working with partner agencies and divisions within the Department of Justice, the Eastern District forfeited $92,106,132 in assets tainted by crime. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
FY 2017 Collections Highlights
In January 2017, the Eastern District of New York, in conjunction with its partners, recovered $3.1 billion in civil penalties from Deutsche Bank under the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA), to resolve claims related to Deutsche Bank’s conduct in the packaging, securitization, marketing, sale and issuance of Residential Mortgage Backed Securities (RMBS) prior to 2008. In a Statement of Facts that accompanied the settlement, Deutsche Bank admitted to making false representations and omitting material information from disclosures to investors about the loans in its RMBS securitizations.
In September 2017, AmerisourceBergen Specialty Group (ABSG), a wholly-owned subsidiary of AmerisourceBergen Corporation, one of the nation’s largest wholesale drug companies and number 11 on the Fortune 500 list, pled guilty to illegally distributing misbranded drugs. ABSG agreed to pay a total of $260 million to resolve criminal liability for its distribution of oncology supportive-care drugs from a facility that was not registered with the Food and Drug Administration (FDA).
Collections Overview
The U.S. Attorneys’ Offices, along with the Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Drug Cartel Leader ConvictedRead the Press Release
Assistant U.S. Attorney Matthew J. Sutton
(619) 546-8941
NEWS RELEASE SUMMARY – January 25, 2018
SAN DIEGO – Major Mexican drug cartel leader Sajid Emilio Quintero Navidad, aka Cadete, pleaded guilty in federal court today, following his arrest by United States law enforcement at the San Ysidro Port of Entry on October 11, 2017.
Quintero Navidad, 36, pleaded guilty to all charges in an indictment returned by a federal grand jury in San Diego on September 22, 2017, charging him with Conspiracy to Distribute Controlled Substances Intended for Importation, Conspiracy to Import Controlled Substances, and Conspiracy to Launder Monetary Instruments. Quintero Navidad is the cousin of fugitive Mexican drug lord Rafael Caro Quintero and the associate of high-ranking Mexican cartel leader Ismael Zambada-Garcia, aka Mayo. He is believed to be one of the highest-ranking Mexican cartel leaders to be arrested in the United States.
In August 2014, the Department of Treasury’s Office of Foreign Assets Control (OFAC) designated Quintero Navidad as a “Special Designated Narcotics Trafficker,” pursuant to the Foreign Narcotics Kingpin Designation Act. As part of that designation, OFAC identified Quintero Navidad as a Mexico-based narcotics trafficker who coordinated the transportation of ton quantities of cocaine from South America through Mexico and onto the United States.
In a proceeding today before U.S. District Judge Cathy Ann Bencivengo, Quintero Navidad accepted responsibility for his role as a leader within a drug trafficking organization based in Mexico, acknowledging that he organized the transportation and distribution of hundreds of kilograms of controlled substances, including cocaine and heroin, for importation from Mexico into the United States. Quintero Navidad also admitted to laundering thousands of dollars of U.S. currency, which represented the proceeds of the importation and distribution of drugs within the United States back to Mexico. A sentencing hearing is scheduled for April 20, 2018 at 9 a.m. before Judge Bencivengo.
“Quintero Navidad’s guilty plea today sends a clear message to other drug kingpins operating in Mexico. There is no place to hide because our federal team will work tirelessly to hunt you down to face justice in our courts,” said U.S. Attorney Adam L. Braverman. “Our investigation and prosecution of other high-level cartel members is continuing and is having a significant impact on the global operations of the Mexican drug cartels.”
“Today’s guilty plea is an example of the great partnership of HSI Calexico and other federal law enforcement agencies, who worked diligently to bring this case to prosecution,” said Dave Shaw, special agent in charge of HSI in San Diego. “HSI will continue to investigate, disrupt, and ultimately dismantle these drug trafficking organizations who continue to engage in violent criminal activity.”
“The importance of this plea is twofold: One, drug traffickers will be arrested and prosecuted to the full extent of the law; and two, it sends the message to the other members of this violent drug trafficking organization that they are next,” said DEA San Diego Acting SAC Steve Woodland. “This is a major blow to this international drug trafficking organization and DEA will continue to investigate its members.”
This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high-level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
The indictment in this case marks the conclusion of the initial phase of a multi-year OCDETF investigation. This joint Homeland Security Investigations (HSI) and Drug Enforcement Administration (DEA) investigation targeted the leadership elements, lieutenants, associates, and money launderers connected with the Rafael Caro-Quintero (RCQ) Drug Trafficking Organization and Beltran Leyva Organization (BLO).
U.S. Attorney Braverman praised the outstanding work of the federal team from HSI Calexico/DEA Imperial County in the culmination of this investigation. U.S. Attorney Braverman also thanked U.S. Customs and Border Protection, the U.S. Marshals Service, the U.S. Department of Justice’s Office of Enforcement Operations and the Office of International Affairs, and the Department of Treasury’s Office of Foreign Assets Control for their ongoing assistance in this investigation.
The government’s case is being prosecuted by Assistant U.S. Attorney Matthew J. Sutton.
DEFENDANT Case Number 17CR2976-CAB
Sajid Emilio Quintero Navidad, aka Cadete Age: 36 Mexico City, Mexico
SUMMARY OF CHARGES
Conspiracy to Distribute Controlled Substances for Purpose of Unlawful Importation, in violation of Title 21 U.S.C. §§ 959, 960 and 963; Term of custody including a mandatory minimum 10 years and up to life imprisonment, $10,000,000 fine and 5 years supervised release.
Conspiracy to Import Controlled Substances, in violation of Title 21 U.S.C. §§ 952, 960 and 963. Term of custody including a mandatory minimum 10 years and up to life imprisonment, $10,000,000 fine and 5 years supervised release.
Conspiracy to Launder Monetary Instruments, in violation of Title 18 U.S.C. § 1956. Term of custody up to 20 years’ imprisonment, a fine of $500,000 or twice the value of the monetary instrument or funds involved, and 5 years of supervised release.
AGENCIES
Homeland Security Investigations
Drug Enforcement Administration
Department of Homeland Security, Joint Task Force – Investigations
Customs and Border Protection, Office of Field Operations
United States Marshals Service
Department of Justice, Organized Crime Drug Enforcement Task Forces
Department of Justice, Office of Enforcement Operations
Department of Justice, Office of International Affairs
Department of Treasury, Office of Foreign Assets Control
Customs and Border Protection, Office of Border Patrol
Immigration and Customs Enforcement, Enforcement and Removal Operations
El Centro Police Department
Brawley Police Department
Imperial County District Attorney’s Office
Imperial Valley, Law Enforcement Coordination Center
Dover Insurance Broker Sentenced for Tax FraudRead the Press Release
BOSTON – A Dover, Mass. insurance broker was sentenced today in federal court in Boston in connection with filing fraudulent personal tax returns.
Anthony J. May, 62, was sentenced by U.S. District Court Judge William G. Young to eight months in prison and one year of supervised release. In April 2017, May was convicted by a federal jury of two counts of filing false tax returns for 2008 and 2009.
May owned and operated Clients First Financial Insurance Agency, LLC, through which he sold life insurance products as a broker, and Advantage Life Settlements, LLC, through which he which he served as a broker for insured individuals looking to sell their personal life insurance policies to third party investors. May operated his businesses out of an office suite in Hingham where he also leased space to other independent insurance agents. May filed false 2006 through 2009 individual income tax returns that did not report $735,000 in income that he received from insurance commissions, broker fees and lease rental payments.
United States Attorney Andrew E. Lelling; Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorney Victor A. Wild of Lelling’s Economic Crimes Unit and Trial Attorney Eric Powers of the Justice Department’s Tax Division prosecuted the case.
District Man Sentenced to Five Years in Prison for Robbing Food Delivery WorkerRead the Press Release
WASHINGTON – Deavies Kelley, 24, of Washington, D.C., was sentenced today to a five-year prison term for robbing a food delivery driver of the man’s scooter last year in Southwest Washington, U.S. Attorney Jessie K. Liu announced.
Kelley pled guilty in October 2017, in the Superior Court of the District of Columbia, to a charge of robbery. He was sentenced by the Honorable Thomas J. Motley. Upon completion of his prison term, Kelley will be placed on five years of supervised release. At the time he committed this crime, Kelley was on supervised release stemming from a 2013 robbery conviction. He could face additional prison term for violating terms of his release.
According to the government’s evidence, on April 21, 2017, at approximately 9:20 p.m., the victim rode his motor scooter to the 300 block of O Street SW to make a food delivery. When he arrived, he saw a group of individuals and asked them if they had ordered food. Kelley replied, “Yes” and gave his name as “Marcus.” Because “Marcus” was not the name of the person who ordered the food, the victim drove around the block. When he returned, he asked the group the same questions. This time, an accomplice of Kelley’s placed a cold metal object to the victim’s head and told him to get on the ground. The victim got off his scooter and laid down on the pavement. Kelley drove off with the scooter. The victim walked away and called 911.
The scooter was recovered the next day. Kelley, who was wearing a GPS monitoring device at the time of the crime, was linked to the robbery and arrested on June 13, 2017. No others have been arrested in the investigation.
In announcing the sentence, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department (MPD). She also expressed appreciation for the work of Assistant U.S. Attorney Louis Manzo, who prosecuted the case.
Controller at Fontana Company Sentenced to over One Year in Federal Prison for Embezzling $1.5 Million from EmployerRead the Press Release
LOS ANGELES – A Riverside woman who was the controller at a Fontana-based metal forging company was sentenced this morning to one year and one day in federal prison for embezzling more than $1.5 million from her employer.
Jacquelin Dyer, 68, who was the controller and co-general manager at Pacific Forge, Inc., was sentenced by United States District Judge George H. Wu. In addition to the prison term, which Dyer will begin serving next week, Judge Wu ordered her to pay $1,365,556 in restitution to the victim company.
As the controller of Pacific Forge, Dyer was responsible for all aspects of accounting at the company, and she was authorized to sign corporate checks for amounts up to $5,000. According to court documents, Dyer used Pacific Forge corporate checks to pay her personal bills for about 10 years. Dyer printed and signed corporate checks that she made appear would be used to pay Pacific Forge vendors, but in reality were mailed to pay her personal expenses.
Dyer pleaded guilty in September to a mail fraud charge specifically related to a $4,752 check that she mailed to American Express on January 11, 2013 to pay her personal credit card bill. Dyer made false entries in the Pacific Forge books to make this check appear to be a payment to a vendor.
“[F]or about a decade, [Dyer] embezzled and stole over $1.5 million of funds that had been entrusted to her by her employer,” prosecutors wrote in papers filed with the court. “[Dyer] used this money to pay her credit card expenses, her mortgage, her car repairs, and other personal expenditures.”
In total, Dyer embezzled approximately $1,525,556 of Pacific Forge funds to pay for her mortgage, personal tax payments, and vehicle repair expenses.
Dyer has already paid $160,000 in restitution.
This case was investigated by the Federal Bureau of Investigation, which received substantial assistance from the Fontana Police Department.
The case against Dyer was prosecuted by Assistant United States Attorney Bilal A. Essayli of the Riverside Branch Office.
Conspirator in Multi-State Drug Trafficking Organization to be Sentenced on MondayRead the Press Release
Columbia, South Carolina --- United States Attorney Beth Drake announced today that Antonio Crawley, age 39, will be sentenced on Monday, January 29th, at 9:30 A.M. The sentencing hearing will take place in the G. Ross Anderson, Jr. Federal Courthouse, 315 South McDuffie Street, Anderson, South Carolina, before the Honorable Timothy M. Cain, U.S. District Judge.
The Drug Enforcement Administration, the Internal Revenue Service Criminal Investigation Division, the Anderson County Sheriff’s Office, the Anderson Police Department, the Greenville County Sheriff’s Office, the Greenville Department of Public Safety, the Cherokee County Sheriff’s Office, the South Carolina Highway Patrol, the Richland County Sheriff’s Office, the South Carolina Law Enforcement Division, the Franklin County (GA) Sheriff’s Office, and the Douglas County (GA) Sheriff’s Office investigated the case.
This case is assigned to Assistant U.S. Attorney Andy Moorman, Deputy Criminal Chief for the Narcotics Unit.
#####
Connecticut Resident Sentenced to Prison for Concealing Assets in Swiss AccountsRead the Press Release
A Greenwich, Connecticut, man was sentenced to six months in prison today for failing to report over $28 million in funds he maintained in Swiss bank accounts to the Department of Treasury, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, U.S. Attorney Dana J. Boente for the Eastern District of Virginia, and Chief Don Fort, IRS Criminal Investigation (IRS CI). In pronouncing the sentence, U.S. District Court Judge Brinkema took into consideration Kim’s cooperation with the government, which occurred for more than a five-year span.
According to documents and other information provided in court, Hyong Kwon Kim, a citizen of South Korea and, since 1998, a legal permanent resident of the United States, resided in Massachusetts and later in Connecticut. Kim, a sophisticated business executive who ran family businesses with operations in the United States and internationally, inherited tens of millions of dollars that he stashed in secret accounts at Credit Suisse, its subsidiaries, and another Swiss bank. Kim deliberately violated the U.S. bank secrecy laws by failing to report his foreign financial accounts to the Treasury Department. U.S. citizens, resident aliens, and permanent legal residents with a foreign financial interest in or signatory authority over a foreign financial account worth more than $10,000 are required to file a Report of Foreign Bank and Financial Accounts, commonly known as an FBAR, disclosing the account.
Kim conspired with a host of foreign enablers, including Dr. Edgar H. Paltzer, his Swiss attorney who pleaded guilty in 2013 in the Southern District of New York, and bankers to conceal his assets and income in Swiss accounts held in his own name, the name of a relative, and in the names of sham corporate entities. Kim schemed with Paltzer and his bankers to structure financial transactions in a manner that allowed him to utilize the funds in the United States, while concealing his ownership and control of the offshore funds. For example, Kim had checks issued to third parties in the United States in order to purchase a luxury home in Greenwich, Connecticut, a waterfront vacation retreat in Chatham, Massachusetts, and jewelry adorned with multi-carat diamonds, emeralds, and rubies. In order to conceal his ownership of the vacation home, Kim and Paltzer created a sham entity to hold title to the home. Kim and Paltzer acted as if Kim rented the home from a fictitious owner.
In 2008, as Credit Suisse closed accounts held in the names of sham entities owned by persons residing in the United States, Kim refused to bring his assets to the United States. Instead, he transferred his assets to another Swiss bank. Kim send coded messages from the United States to his Swiss banker in order to maintain control of his account.
Kim ultimately brought his assets to the United States by paying a Swiss jeweler millions of dollars for a ring with a 13.9 carat sapphire and three loose diamonds totaling 13 carats.
Along with failing to report his foreign accounts, Kim also filed false income tax returns for 1999 through 2010 with the IRS, failing to report investment income and failing to disclose the earnings from his holdings in the offshore accounts.
In addition to his term of incarceration, U.S. District Court Judge Brinkema ordered Kim to pay a fine of $100,000 and $243,542 in restitution to the IRS. Kim, in accordance with his plea agreement, also paid a civil penalty of over $14 million dollars to the U.S. Treasury for his willful failure to file, and willfully filing false, FBARs.
Principal Deputy Assistant Attorney General Zuckerman, U.S. Attorney Boente and IRS CI Chief Fort commended special agents of IRS CI, who investigated the case, and Senior Litigation Counsel Mark F. Daly and Trial Attorney Robert J. Boudreau of the Tax Division and Assistant U.S. Attorney Mark Lytle of the Eastern District of Virginia, who prosecuted this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Conference to Explore Veterans Treatment Courts, Behavioral Health of VeteransRead the Press Release
HUNTSVILLE – The U.S. Attorney’s Office, University of Alabama in Huntsville’s Office of Diversity and Multicultural Affairs, University of Alabama School of Social Work, and U.S. Department of Veterans Affairs will present a conference Feb. 9 to discuss Veterans Treatment Courts and their positive impact on making communities safer and helping veterans reintegrate into society.
“Veterans Treatment Courts: No Veteran Left Behind” will be a daylong conference in the Charger Union Theater on the UAH campus. The conference will explore the structure and work that Veterans Treatment Courts provide to participating veterans, and the tools needed to ensure success for those veterans. The conference also will examine the behavioral health of veterans, who after long deployments or recovery from serious injuries have problems readjusting to civilian life.
“The VTC is something every judicial circuit should have,” Town said. “It gives our veterans not just a holistic system to get their honor back, but vests them with the truth that they never lost it in the first place.”
The conference will include morning and afternoon keynote addresses, followed by panel discussions. Buffalo, N.Y., Judge Robert Russell, who is credited with starting the first Veterans Treatment Court in the nation, will provide the morning keynote address.
Judge Russell began presiding over the Veterans Treatment Court in Buffalo in January 2008. Before that, he created Buffalo’s Drug Treatment Court in December 1995, and continues to serve as its presiding judge. In December 2002, Judge Russell established and began presiding over Buffalo’s Mental Health Treatment Court. Judge Russell is the past chairman of the National Association of Drug Court Professionals Board of Directors and the past president of the New York State Association of Drug Treatment Court Professionals. He also serves on the National Advisory Board of the Judges’ Criminal Justice/Mental Health Leadership Initiative.
Dr. Eric Seemann, a counseling psychologist, U.S. Navy veteran and a member of the Alabama Army National Guard, will present the afternoon keynote address. Seemann is the Veterans’ Services Coordinator for UAH. His research and teaching interests include post-traumatic stress and recovery, chronic pain and resilience, psychometrics, personality, social support and coping. Seemann’s areas of specialization as a licensed psychologist include forensic psychology, assessment, military psychology, crisis intervention, risk assessment, pain psychology, and dangerous populations.
Lt. Gen. Jim Pillsbury will also be a guest speaker during the afternoon. Pillsbury has 38 years of military experience and retired as commander of Redstone Arsenal and the Aviation and Missile Command. Pillsbury was commissioned as a second lieutenant in 1973, after graduating college, and became an infantry officer. He would go on to become a pilot, holding several positions in the Army. He retired in 2011.
Panels during the conference will address topics including the role of judges in Veterans Treatment Courts and the role mentors play in ensuring the success of court participants. Panelists will include Madison County Circuit Court Judge Ruth Ann Hall, Shelby County Circuit Court Judge Bill Bostick, Cumberland School of Law Professor and former U.S. Magistrate Judge John Carroll, Alabama Department of Veterans Affairs General Counsel Beverly Gebhardt, Madison County Assistant District Attorney Emily Carroll, VA’s Veterans Justice Outreach Coordinator Ahmad Brewer, and Madison County Veterans Treatment Court mentor Ray Zimmerman.
The conference is free and open to the public, but seating is limited. Please click on the following link to register: https://usaoalntraining.org/VeteransTreatmentCourtsConference, or contact [email protected]. Six APOST hours have been approved for law enforcement officers. Continuing Education Units of 5.8 hours of have been approved for attorneys. CEUs for social workers are pending.
###
Citizen of Honduras Sentenced to Time Served for Entering the United States after RemovalRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Juan Carlos Martinez-Recarte, 38, a citizen of Honduras, was sentenced today in U.S. District Court by Chief Judge Nancy Torresen, to time served (about four months) in prison for illegally entering and being found in the United States after having been removed. The defendant pleaded guilty on November 14, 2017.
Court documents reveal that on September 20, 2017, a Maine State Police (MSP) trooper stopped a van in Portland being operated in violation of state law and found seven occupants, five of whom appeared to be foreign nationals who could not produce identification documents. Immigration officials were called to the traffic stop and determined that the defendant had no immigration documentation and was in the country illegally. Immigration records showed that the defendant had been removed from the United States on two prior occasions, including, most recently, on November 1, 2013.
The case was investigated by the MSP and the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Chicago Heights Man Sentenced to 276 Months ImprisonmentRead the Press Release
HAMMOND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that on January 23, 2018, Joseph Uvalle, 35, of Chicago Heights, IL, was sentenced to 276 months imprisonment followed by 3 years of supervised release following his conviction by guilty plea to conspiracy to commit racketeering activity (RICO) as a member of the Latin Kings.
According to documents in this case, as part of Uvalle’s plea agreement, he admitted responsibility for the homicide of Raudel Contreras, who was killed in Hammond, Indiana, on August 14, 2014. Uvalle was also sentenced to 120 months imprisonment on each of two counts of transportation for prostitution with the sentence to run concurrent to his 276-month sentence on the racketeering conspiracy conviction. Uvalle has been in custody since his arrest in June 2015.
United States Attorney Thomas L. Kirsch II said, “If you are a gang member committing crimes in Northwest Indiana, we are going to focus our cooperative law enforcement efforts on you and your associates.”
This case was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the FBI Gang Response Investigative Team Task Force and the ATF/HIDTA Task Force. This case was prosecuted by Assistant United States Attorneys’ David Nozick, Abizer Zanzi, and Dean Lanter.
# # #
Cherokee County Man Sentenced to Prison for String of Robberies of Hotels and Businesses Across Three CountiesRead the Press Release
According to filed court documents and court proceedings, between November 20, 2015, and February 10, 2016, McCoy robbed six hotels and businesses in Cherokee, Swain and Jackson counties. According to court records, on November 20, 2015, at approximately 3:40 a.m., McCoy brandished a knife to an employee of the Quality Inn located in Swain County, in Indian Country. McCoy demanded money, and obtained approximately $150 from the desk drawer and $30 from the employee’s wallet. Court records show that McCoy also told the employee, “I’ve hit all these hotels.” Twenty minutes later, on November 20, 2015, at approximately 4:00 a.m., McCoy entered the Baymont Inn, also in Swain County, in Indian Country. McCoy again brandished a knife and demanded money from a hotel employee, who gave McCoy approximately $140 in cash.
On January 26, 2016, at approximately 10:40 p.m., McCoy brandished a knife and demanded money from a clerk at the Fairfield Inn and Suites located in Jackson County, in Indian Country. When the hotel employee attempted to call 911, McCoy grabbed her, threw her in a corner, and cut her hand with the knife causing the employee to sustain injuries. McCoy fled with $225 in cash. Then, on January 30, 2016, at approximately 9:45 p.m., McCoy brandished a knife and demanded money from an employee at Ric’s Smoke Shop in Jackson County, in Indian country. McCoy told the victim to open the cash drawer, and ordered the victim to lay down on the floor. McCoy left the store with $1,724 in cash and a Gatorade drink.
According to court records, on February 9, 2016, at approximately 11:10 a.m., McCoy entered a Dollar General Store in Whitter, N.C., in Jackson County. Court records show that McCoy approached the register with three food items and asked the store clerk about telephone cards. Then, McCoy pulled out a knife and demanded money from the clerk. McCoy fled the store with $442.38 in cash.
A day later, on February 10, 2016, at approximately 3:26 a.m., McCoy and his co-defendant, David James Littlejohn, entered a Microtel Inn located in Bryson City, N.C. A guest of the hotel, identified as “R.E.” was in the lobby. McCoy jumped behind the counter and ordered R.E. to come behind the counter as well. R.E refused. McCoy jumped on the counter, pulled a large fixed knife and went towards R.E., with Littlejohn following behind him. McCoy, holding the knife, asked R.E. multiple times where the woman was that worked the hotel desk. McCoy pointed the knife at R.E. and told R.E. to get on the ground. R.E. laid down on the floor, and McCoy told Littlejohn to get everything from R.E.’s pockets and said if R.E. moved then cut him. Littlejohn took R.E.’s wallet, $45 in cash and other items while McCoy went behind the front desk. A store employee heard the commotion, walked into the lobby and saw R.E. on the floor. Littlejohn grabbed the employee and forced her to the floor, then took from her the key for the cash drawer and gave it to McCoy. McCoy opened the drawer and took $200. After ripping all the phones out of the wall, both McCoy and Littlejohn ran out of the front door.
McCoy previously pleaded guilty to one count of robbery within Indian Country, one count of assault with a dangerous weapon, and two counts of Hobbs Act robbery. Littlejohn was also sentenced today to 70 months in prison, followed by three years of supervised release, and was ordered to pay $1,090 as restitution. Littlejohn pleaded guilty to one count of Hobbs Act robbery.
Both defendants are currently in federal custody and will be transferred into custody of the federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
In making today’s announcement, U.S. Attorney Murray thanks the Cherokee Indian Police Department, the Bryson City Police Department, and the Jackson County Sheriff’s Office for their investigation of the case.
Assistant U.S. Attorney Chris Hess, of the U.S. Attorney’s Office in Charlotte, and Special Assistant U.S. Attorney Justin Eason of the Office of the Tribal Prosecutor for the Eastern Band of Cherokee Indians prosecuted the case.
Chapin Woman Sentenced for Bank FraudRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Yvonne Sanchez, age 40, of Chapin, was sentenced to fifteen months in jail for committing Bank Fraud, a violation of Title 18, United States Code, § 1344. Senior United States District Judge Cameron McGowan Currie, of Columbia, also ordered her to pay restitution of $121,461.76 to the victim.
From July 2014 through June 2016, Sanchez was the bookkeeper for EveryWord, Inc., a court reporting business in the Columbia area. Sanchez opened fake accounts in the name of EveryWord at All South Federal Credit Union. As part of her duties, Sanchez was supposed to be depositing checks made payable to EveryWord into the legitimate business account at First Community. Instead, she diverted the checks into her own accounts for her personal use. Overall, Sanchez defrauded EveryWord of $121,461.76.
The United States Department of Homeland Security investigated the case. Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office prosecuted the case.
#####
Central Falls Man Sentenced in Stolen Identity, Fraud SchemeRead the Press Release
PROVIDENCE – A Central Falls man who participated in a scheme to use the stolen identity of numerous individuals to open retail store credit cards and lines of credits, which he used to purchase tens of thousands of dollars worth of goods in Rhode Island and Massachusetts, was sentenced today to 48 months in federal prison.
Reynaldo Martinez, 25, pleaded guilty in November 2017 as charged in a superseding indictment returned on August 15, 2017, charging him with four counts of aggravated identity theft, two counts of access fraud, and one count each of bank fraud, conspiracy to commit fraud, attempted access fraud, and interstate transportation of stolen goods.
At sentencing, U.S. District Court Judge John J. McConnell, Jr., also ordered Martinez to serve 3 years supervised release upon completion of his term of incarceration and to pay restitution totaling $38,126.62 to businesses he defrauded.
The government and the defense recommended to the court a sentence of 48 months incarceration as stipulated in a plea agreement filed with the Court. The U.S. Sentencing Guideline imprisonment range in this matter is 57-71 months.
Martinez’s sentence is announced by United States Attorney Stephen G. Dambruch and Brian Deck, Resident Agent in Charge of the United States Secret Service.
At the time of his guilty plea, admitted to the Court that beginning as early as March 15, 2017, he used various sources, including internet websites, to obtain personal identification information of individuals, including their Social Security Numbers, dates of birth and addresses, after which he would have false, counterfeit government identifications, manufactured bearing his photograph. Martinez admitted that he used the counterfeit identifications to secure credit to make purchases at various businesses including Sprint Cell Phone locations, Kohl's Department Store, Sak' s Fifth Avenue, Best Buy, Cardi' s Furniture, Raymour and Flanigan Furniture, and Home Depot. Martinez admitted that he used the stolen credit to make between $40,000 and $90,000 dollars in purchases, for which he had no intention of paying.
Martinez has been detained in federal custody since his arrest on May 24, 2017.
The case was prosecuted by Assistant U.S. Attorney William J. Ferland.
United States Attorney Stephen G. Dambruch acknowledges and thanks the Middletown, Warwick, Richmond and Central Falls, R.I., Police Departments; Rhode Island State Police; Mansfield and Seekonk, Mass, Police Departments; West Hartford and Hamden, Conn., Police Departments; and the Richardson, Texas, Police Department for their assistance in gathering and providing information to the United States Attorney’s Office in Rhode Island and the United States Secret Service New England Electronic Crimes Task Force during the course of the investigation.
###
Canandaigua Man Arrested on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051Rochester, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Eric P. Laube, 45, of Canandaigua, NY, was arrested and charged by criminal complaint with receipt, distribution, and possession of child pornography. The charges carry a minimum sentenced of five years in prison, a maximum of 40 years, and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, in August, 2017, an undercover FBI Task Force Officer connected to a certain Peer-To-Peer network, and discovered that a device belonging to the defendant was being used to distribute video and picture files containing child pornography. The images and video depicted naked, prepubescent females.
In December, 2017, a federal search warrant was executed at Laube’s State Route 64 residence. Officers seized several digital devices, including two portable hard drives, a thumb drive, a laptop, and a desktop computer. A subsequent review determined that the devices contained approximately 1,130 images of child pornography and approximately 10 videos of child pornography.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jonathan W. Feldman and was released on electronic monitoring.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Monroe County Sheriff’s Office, under the Direction of Sheriff Todd Baxter; and the Ontario County Sheriff’s Department, under the direction of Sheriff Philip Povero.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.
Canadian Man Sentenced for Internet CrimeRead the Press Release
United States Attorney Ron Parsons announced that a man from Calgary, who was convicted of Attempted Trafficking in Involuntary Servitude and Forced Labor, was sentenced on January 19, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Alexandros Thymaras, age 35, was sentenced to 30 months of imprisonment, followed by 1 year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund, a $1,000 fine, and a $5,000 special assessment to victims of trafficking fund.
Thymaras was one of five men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2014 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls obtained through the Internet. All five men were indicted for Commercial Sex Trafficking.
The conviction stemmed from Thymaras responding to a Craigslist.com advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several messages with a person Thymaras believed to be associated with a 15 year-old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place theywould meet, along with the price he would pay, which was $70.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Thymaras was immediately turned over to the custody of the U.S. Marshal's Service.
Business Owner Pleads Guilty to Obstructing a Federal Investigation and Willful Failure to Pay Employees OvertimeRead the Press Release
Acting United States Attorney Corey Amundson announced today the convictions of a local business owner for obstructing a federal investigation and failing to pay his workers overtime wages.
This morning, MICHAEL L. LANGSTON, JR., age 47, of St. Amant, Louisiana, pled guilty before U.S. District Judge Shelly D. Dick to obstructing an investigation by the U.S. Department of Labor, and willful failure to pay employees overtime wages in violation of the Fair Labor Standards Act (“FLSA”). These convictions arose from LANGSTON’S ownership and operation of Langston Construction, LLC (“LC”) and Composite Architectural Design Systems (“CADS”), companies headquartered in Gonzales, Louisiana. Through LC and CADS, LANGSTON employed dozens of workers at construction sites around the country. By failing to pay time and a half for overtime, the defendant withheld approximately $240,388.21 from his employees between August 2013 and August 2016.
During the guilty plea hearing, LANGSTON admitted to a factual summary which detailed his crimes. According to that summary, in January of 2016, the U.S. Department of Labor, Wage and Hour Division (“DOL WHD”), opened a civil investigation to determine whether the defendant was paying his employees proper overtime and minimum pay in compliance with the FLSA. As part of that investigation, DOL WHD investigators requested complete payroll and wage records and met with the defendant. In order to corruptly impede and obstruct that DOL investigation, LANGSTON instructed one of his employees to provide DOL WHD investigators with only partial wage and hour records which, at his direction, had been altered to hide the true number, identities, and wages of employees working for LC. The defendant subsequently provided these false and fraudulent document to DOL investigators during a meeting. Following this meeting, and for the purpose of impeding and corruptly obstructing the same DOL investigation, LANGSTON hid and removed additional LC and CADS records which reflected accurate employee wage and hour information.
LANGSTON also admitted at the hearing that, at least from August of 2013 through August of 2016, at his direction, LC and CADS failed to pay approximately 150 individuals overtime, willfully withholding approximately $240,388 in time-and-a-half wages, in violation of the FLSA. LANGSTON admitted that his actions were done, in part, because he was concerned about the immigration status of many of his employees.
Acting U.S. Attorney Amundson stated, “The aggressive prosecution of those who obstruct federal investigations and companies that evade fair labor practices is a priority of this office. I greatly appreciate the outstanding efforts of our excellent Department of Labor partners in addressing this important case.”
This investigation was conducted by the U.S. Department of Labor, Office of Inspector General, with assistance from the Department of Labor, Wage and Hour Division. The matter is being prosecuted by Assistant United States Attorney Peter J. Smyczek.