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5 March 2018
Williamson County Resident Sentenced for Methamphetamine and Firearm OffensesRead the Press Release
On March 2, 2018, Summer B. Kirby, 28, of Johnston City, Illinois, was sentenced to federal prison for methamphetamine and firearm offenses, United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today.
Kirby, who had previously pled guilty to conspiracy to distribute methamphetamine and using or carrying a firearm during a drug trafficking offense was sentenced to a total sentence of 140 months of imprisonment and four years of supervised release. The offenses occurred between 2015 and April 2017, in Williamson and Franklin Counties. Evidence at the plea and sentencing hearings established that Kirby and co-defendant Clay Kirby were involved with other persons in the distribution of ice in southern Illinois. Ice is methamphetamine, which has a purity level of at least 80 percent. On multiple occasions, the defendants sold ice to a confidential source working for law enforcement. During an April 2017 traffic stop in Johnston City, Summer Kirby was in possession of a loaded firearm. Officers also located methamphetamine, drug scales, and a large amount of U.S. currency in the vehicle. At sentencing, the district court found that Summer Kirby was responsible for the distribution of 735 grams of ice. Co-defendant Clay Kirby was previously sentenced to 188 months of imprisonment for his role in the ice conspiracy.
The ongoing investigation is being conducted by the Southern Illinois Enforcement Group and the Drug Enforcement Administration. The Johnston City Police Department and Marion Police Department also assisted in the investigation.
Virginia man sentenced for role in cigarette smuggling operationRead the Press Release
MARTINSBURG, WEST VIRGINIA –Mohamed Abdo Elbarati, of Winchester, Virginia, was sentenced in federal court today to 36 months incarceration for unlawful cigarette smuggling, United States Attorney Bill Powell announced.
Elbarati, 32, pled guilty to one count of “Conspiracy to Traffic in Contraband Cigarettes” in February 2016. Elbarati collaborated with others to facilitate a trafficking network designed to profit from the unlawful sale of contraband cigarettes. The defendants transported large quantities of cigarettes across state lines for redistribution and sale. The cigarettes were acquired in Virginia, where the tax rate for cigarettes is one of the lowest in the nation, and sold in New York, which has one of the nation’s highest tax rates. The cigarettes were possessed and transported in West Virginia.
Assistant U.S. Attorneys Michael D. Stein and Shawn M. Adkins prosecuted the case on behalf of the government. Homeland Security Investigations, the Frederick County, Virginia Sheriff’s Office, the New York City Sheriff's Office, the Virginia Office of Attorney General, the Alcohol and Tobacco Tax and Trade Bureau, the West Virginia State Police, the New York Department of Taxation and Finance, the Federal Bureau of Investigation, and the Internal Revenue Service - Criminal Investigation led the inquiry.
Chief U.S. District Judge Gina M. Groh presided.
Ultra Electronics Abandons Its Proposed Acquisition of Sparton Corp. After Department of Justice Expresses ConcernsRead the Press Release
The Department of Justice announced today that Ultra Electronics Holdings plc and Sparton Corporation have abandoned their merger, originally valued at more than $234 million. The transaction threatened to permanently combine the only two qualified suppliers of sonobuoys to the U.S. Navy. Sonobuoys are used in support of multiple underwater missions for detection, classification, and localization of adversary submarines during peacetime and combat operations. Ultra Electronics and Sparton Corporation have in recent years supplied this critical equipment to the U.S. Navy through their joint venture, ERAPSCO.
Ultra Electronics Holdings Inc. is a British company headquartered in London, England, that is comprised of 19 separate businesses. Ultra Electronics’ core markets are in North America and the United Kingdom. In 2016, Ultra reported annual worldwide revenues of £785.8 million. Ultra Electronics provides a wide range of products to the defense, aerospace, security, transport and energy industries.
Sparton Corporation is a publicly-held company incorporated in Ohio and headquartered in Schaumberg, Illinois; it reported $397.6 million in net sales for the fiscal year 2017. Sparton primarily designs and builds electromechanical devices for medical, military, aerospace and industrial applications. Sparton currently has thirteen manufacturing locations and engineering design centers worldwide.
Two South Florida Men Sentenced for Conspiring to Distribute Hundreds of Pounds of High-Grade MarijuanaRead the Press Release
Orlando, Florida– U.S. District Judge Carlos E. Mendoza has sentenced Juan Almeida (59) and Andrew Cassara (38), both of Boca Raton, to six and seven years in federal prison, respectively, for conspiring to possess with the intent to distribute 100 kilograms or more of marijuana. They pleaded guilty on November 6, 2017.
A third co-conspirator, Wade Jones, Jr., previously pleaded guilty and was sentenced on February 7, 2018, to 13 months’ imprisonment.
According to court documents, in January 2015, the Drug Enforcement Administration began investigating the conspirators’ drug trafficking activities, which involved the distribution of large amounts of high-grade marijuana to individuals and groups. In August 2014, another group of drug traffickers had stolen approximately $250,000 of marijuana from the conspirators. In February 2015, during a recorded meeting, the conspirators discussed recouping their debt from the drug traffickers and continuing their drug distribution activities. A few days later, law enforcement seized more than 1,300 pounds of high-grade marijuana from a storage facility in Orlando and a house linked to Cassara.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
Topeka man Sentenced for Distributing Child PornRead the Press Release
TOPEKA, KAN. – A Topeka man was sentenced Monday to 105 months in federal prison for distributing child pornography, U.S. Attorney Stephen McAllister said.
Jeremy M. Schwerdt, 41, Topeka, Kan., pleaded guilty to one count of distributing child pornography. In his plea, he admitted using the internet to send child pornography to another user. Investigators found 350 images and eight videos containing sexually explicit images of children on Schwerdt’s electronic devices.
This case was prosecuted under the Justice Department’s Project Safe Childhood initiative. McAllister commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
Serial robber sentenced for role as organizer in commercial armed robbery spree spanning five countiesRead the Press Release
ATLANTA - Kesia Quinette Jackson has been sentenced for her role as an organizer in an armed robbery spree that spanned five counties, and target seven Wal-Mart Stores.
“Jackson led a robbery crew that terrorized business employees, shoppers, and citizens during a crime spree,” said U.S. Attorney Byung J. “BJay” Pak. “Jackson and her crew calculated their robberies and helped drive violence and fear in multiple counties. The defendant’s conviction and lengthy sentence resulted from the collaboration of multiple federal and local law enforcement agencies determined to apprehend and aggressively prosecute every member of this robbery crew.”
"For nearly two years Jackson led a robbing crew that rained terror on innocent victims, who just by chance, were in the wrong place at the wrong time,” said David J. LeValley, Special Agent in Charge, FBI Atlanta. “The FBI, working together with several local law enforcement agencies and the US Attorney’s Office have put an end to their reign of terror so that the victims can take solace in the fact they won’t be able to traumatize any more innocent people.”
According to U.S. Attorney Pak, the charges and other information presented in court: Between February 3, 2014, and October 26, 2015, Kesia Quinette Jackson, along with others committed 11 armed robberies throughout the metro-Atlanta area. Jackson was the organizer of the robberies. Seven of the robberies targeted Wal-Mart Stores.
Jackson and her co-defendants researched store locations in DeKalb, Gwinnett, Cobb, Clayton and Forsyth Counties, and then surveilled the businesses before and during the robberies, usually between 10:00 pm and midnight. Jackson was captured on surveillance video prior to the robberies while she talked on her cell phone and cased the locations. During each robbery, co-defendant Deanthony Foster was also captured on video surveillance entering the stores wearing a surgical mask, brandishing a firearm, and proceeded to force store employees to empty their cash registers. During the final robbery, Foster fired a shot near store employees when they failed to immediately give him cash.
In addition to the Wal-Mart store robberies, Jackson also targeted gas stations and convenience stores. On February 3, 2014, Jackson and her crew robbed a gas station in Gwinnett County. Jackson was inside the business casing the establishment immediately prior to the armed robbery. Within 24 hours after the robbery, proceeds from the robbery were deposited into Jackson’s personal bank account. On June 2, 2014, Jackson and her crew robbed another gas station in DeKalb County, during which a co-defendant shot an employee in the leg. Like the other robberies, Jackson entered the business and cased the business immediately before the robbery.
Jackson’s sentence also involves conduct related to her role in three gas station armed robberies, one on August 27, 2015, one on September 21, 2015, and the third on October 26, 2015, in Cobb and DeKalb counties. During one of the robberies a co-defendant shot a victim employee.
Kesia Quinette Jackson, 46, of Atlanta, Georgia, has been sentenced to 21 years, three months in prison to be followed by five years of supervised release, and ordered to pay restitution in the amount of $62,315.95. Jackson pleaded guilty on November 10, 2016.
Co-defendants Deanthony Foster and Eric Lamar Ross were previously sentenced for their respective roles in the robberies. Foster, a gunman, received a sentence of 32 years in prison. Ross, who acted as a lookout during two of the robberies, received a sentence of five years in prison.
This case was investigated by the FBI, with assistance from the following law enforcement agencies: Cobb County Police Department, DeKalb County Police Department, Gwinnett County Police Department, Hapeville Police Department, Roswell Police Department, Riverdale Police Department, Dunwoody Police Department, and the Forsyth County Sherriff’s Office.
Assistant U.S. Attorneys Katherine M. Hoffer and Jessica C. Morris prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Security Guard at the 9/11 Memorial Pleads Guilty in Manhattan Federal Court to Firearms TraffickingRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York announced that MAQUAN MOORE, a 9/11 Memorial security guard, pled guilty to firearms trafficking in connection with his trafficking of more than 25 firearms from locations outside of New York into Manhattan. MOORE pled guilty today to an Information in Manhattan federal court before U.S. Magistrate Judge Katharine H. Parker.
U.S. Attorney Geoffrey S. Berman said: “Maquan Moore was in the business of peddling illegal firearms in busy downtown New York. When individuals attempt to bypass the critically important system of licensing for lawful ownership, the result is a less safe society for all of us. One shudders to think the harm these weapons could have caused in the wrong hands.”
According to the Complaint, Information, and other statements made in open court:
Beginning in December 2017, a joint task force of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) and the New York City Police Department (“NYPD”) made multiple undercover purchases of firearms from MOORE, who at the time was working as a security guard at the 9/11 Memorial. These firearms included several assault-style weapons, such as a MAC-10 machine pistol, and various other handguns and rifles. On the evening of February 1, 2018, an undercover officer purchased from MOORE additional firearms, many of which had been brought by MOORE’s co-conspirator, Morris Wilson, from Florida to New York. In connection with MOORE and Wilson’s arrest, the ATF/NYPD Task Force seized 21 additional firearms.
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MOORE, 29, of Manhattan, pled guilty to one count of firearms trafficking, which carries a maximum sentence of five years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Wilson is charged in a Criminal Complaint with conspiracy to traffic in firearms, firearms trafficking, and interstate transportation and receipt of firearms. The allegations contained in the Criminal Complaint as to Wilson are merely accusations, and he is presumed innocent unless and until proven guilty.
Mr. Berman praised the efforts of the ATF and NYPD in this case.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Jacob Warren and Dominic Gentile are in charge of the prosecution.
Scott W. Murray Sworn in as United States Attorney for the District of New HampshireRead the Press Release
CONCORD – The United States Attorney’s Office for the District of New Hampshire announced that the Honorable Scott W. Murray was sworn in today as the United States Attorney for the District of New Hampshire. Chief U.S. District Judge Joseph Laplante administered the oath of office at the federal courthouse in Concord.
U.S. Attorney Murray is the 57th U.S. Attorney for the District. He was nominated by the President on December 1, 2017, and confirmed by the U.S. Senate on February 15, 2018. As the U.S. Attorney, Mr. Murray is the chief federal law enforcement officer in New Hampshire.
U.S. Attorney Murray has been a prosecutor throughout his legal career. He was elected County Attorney for Merrimack County in 2010. He began serving as County Attorney in 2011 and was serving his fourth consecutive two-year term in that position. Prior to becoming County Attorney, he served as the Chief Prosecuting Attorney for the City of Concord from 1983 to 2011.
U.S. Attorney Murray received his B.A. and M.P.A. from the University of New Hampshire and his J.D. from Franklin Pierce Law Center (now known as the University of New Hampshire School of Law).
“I am honored to have the opportunity to serve as the United States Attorney,” U.S. Attorney Murray said. “As a career prosecutor, I look forward to working with my federal, state, and local law enforcement partners to combat drug trafficking, violence, and other threats to the safety of the residents of the Granite State. Close cooperation is absolutely critical if we are to effectively address crime associated with the current opioid crisis.”
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San Antonio Man Sentenced to 12 Years in Federal Prison for Distribution of Child PornographyRead the Press Release
In San Antonio today, a federal judge sentenced 24–year-old Paul Martinez to 12 years in federal prison for distributing child pornography, announced United States Attorney John F. Bash and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
Senior United States District Judge David A. Ezra also ordered that Martinez pay $5,000 restitution to any identified victim and be placed under supervised release for a period of five years after completing his prison term.
Martinez pleaded guilty to the charge in October of last year. By pleading guilty, Martinez admitted he exchanged child pornography using the Internet in January 2016.
In September 2016, federal authorities executed a search warrant at the location where Martinez was residing and seized his desktop and laptop computers as well as his cellular telephone. A forensic examination of the computers and phone revealed numerous video and image files depicting prepubescent children engaged in sexually explicit conduct.
The FBI investigated this case. Assistant United States Attorney Tracy Thompson prosecuted this case on behalf of the Government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Riverside County Man Sentenced for Marijuana Cultivation Operations in Sequoia National Forest in Kern CountyRead the Press Release
FRESNO, Calif. — Sair Maldonado-Soto (Maldonado), 22, of Perris, was sentenced today to three years and four months in prison for conspiring to manufacture, distribute and possess with intent to distribute marijuana in connection with two separate large-scale marijuana cultivation operations in Kern County in the Sequoia National Forest, U.S. Attorney McGregor W. Scott announced. Maldonado was also ordered to pay $10,756.02 to the U.S. Forest Service for the damage to public land and natural resources caused by the marijuana cultivation activities.
In September, Maldonado pleaded guilty to the conspiracy after he and his girlfriend and co-defendant, Coral Herrera, 21, also of Perris, were linked to grow sites in the Lucas Creek drainage and an area known as the Box 6 site following a four-month investigation. The investigation revealed that they were supplying material, equipment, and personnel to the two grow sites, which consisted of 10,396 marijuana plants. They were also responsible for transporting co-defendants Abel Toledo-Villa, 34, and Alfredo Cardenas-Suastegui, 56, both of Mexico, away from the Box 6 grow site after it was searched.
The marijuana cultivation operations caused extensive damage to the land and natural resources. Highly toxic pesticides were found at both sites and at Maldonado’s residence in Perris. Many miles of plastic irrigation lines were spread throughout the sites. Native trees and vegetation were also removed to make room for the marijuana plants.
The remaining three defendants have pleaded guilty. Toledo-Villa has been sentenced to five years in prison. Herrera and Cardenas-Suastegui are scheduled for sentencing on January 22 and February 12, 2018. Cardenas-Suastegui faces a statutory mandatory minimum penalty of five years in prison and a maximum penalty of 40 years in prison, and a $5 million fine. Herrera faces a maximum penalty of 20 years in prison and a fine of $1 million. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the U.S. Forest Service, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Southern Tri-County High Intensity Drug Trafficking Area (HIDTA) Task Force, California Department of Justice’s Campaign Against Marijuana Planting (CAMP), California Department of Fish and Wildlife, Kern County Sheriff’s Office, Riverside County Sheriff’s Department, Fontana Police Department, and Victorville Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
River Oaks Man Sentenced to Lengthy Sentence for Child Pornography ChargesRead the Press Release
FORT WORTH, Texas — Timothy Paul Malone, 39, of River Oaks, Texas, was sentenced this morning by U.S. District Judge Reed C. O’Connor to 90 years in federal prison for child pornography offenses, announced Erin Nealy Cox, United States Attorney for the Northern District of Texas.
Malone pleaded guilty in November 2017 to two counts of sexual exploitation of children and one count of attempted sexual exploitation of children. Judge O’Connor sentenced Malone to 360 months for each of the three counts, to run consecutively. Malone has been in custody since the time of indictment in September 2017.
According to documents filed in the case, Malone persuaded and enticed two minor children in Watauga and Haslet, Texas to engage in sexually explicit conduct for the purpose of producing a video. Malone also attempted to use another minor child to create a video of the minor engaged in sexually explicit conduct.
In January 2017, law enforcement conducted a search warrant, according to plea documents, at Malone’s residence and seized a number of electronic devices. An examination of the devices revealed a number of child pornography videos and images including those of the minors previously mentioned.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood leverages federal, state and local resources to better investigate, apprehend and prosecute individuals who sexually exploit children. Project Safe Childhood also prioritizes identifying and rescuing victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
River Oaks Police Department, Tarrant County District Attorney’s Digital Forensics Unit, and U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated the case. Assistant U.S. Attorney A. Saleem prosecuted.
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Rapid City Man Sentenced for Attempted Transfer of Obscene Material to a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Attempted Transfer of Obscene Material to a Minor was sentenced on March 2, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Cody Two Lance, age 35, was sentenced to 21 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Two Lance was one of ten men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2016 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls or boys obtained through the Internet. The conviction stemmed from Two Lance communicating with someone he believed to be a minor for the purpose of engaging in sexual acts and sending pornographic images of himself to the minor.
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.
Two Lance was immediately remanded to the custody of the U.S. Marshals Service.
Press Release Regarding Significant Law Enforcement ActionRead the Press Release
United States Attorney Brandon J. Fremin announced today that he will join numerous federal, state, and local law enforcement leaders in announcing a significant law enforcement action on Tuesday, March 6, 2018, at 10:00 a.m. CST in Conference Room C of the United States Attorney’s Office, located at 777 Florida Street, Suite 208, Baton Rouge, Louisiana. Press should plan to arrive at the U.S. Attorney’s Office and be in place by 9:30 a.m.
Parsons Woman Sentenced for Embezzling MillionsRead the Press Release
WICHITA, KAN. – A Parsons woman was sentenced Monday to five years in federal prison for embezzling millions of dollars from a credit union where she worked, U.S. Attorney Stephen McAllister said. She was ordered to pay more than $10 million in restitution.
Nita Rae Nirschl, 66, Parsons, Kan., pleaded guilty to one count of embezzlement, one count of money laundering and one count of attempted tax evasion. In her plea, she admitted the crimes occurred while she was an officer and employee of Parsons Pittsburg Credit Union headquartered in Parsons, Kan. She withdrew money from the assets of the credit union and deposited the money into accounts she controlled. She used the stolen money to buy a car, a house and other items.
McAllister commended the FBI, the Internal Revenue Service and Assistant U.S. Attorney Lanny Welch for their work on the case.
Olathe Man Pleads Guilty to Filing a False Tax ReturnRead the Press Release
KANSAS CITY, KAN. – An Olathe man pleaded guilty Monday to filing a false tax return, U.S. Attorney Stephen McAllister said. The defendant agreed to pay more than $450,000 in restitution.
Daniel Forster, 58, Olathe, Kan., pleaded guilty to causing a false tax return to be submitted to the Internal Revenue Service. In his plea, he admitted the crime occurred while he was one of three shareholders who owned an S corporation located in Olathe. Forster was responsible for the financial operations of the business, including overseeing corporate books and records and submitting tax information to a professional tax preparer.
Forster used funds belonging to the business to pay personal expenses such as credit card payments and then falsely represented those payments as deductible expenses.
Sentencing will be set for a later date. He faces a penalty of up to three years in federal prison and a fine up to $250,000. McAllister commended the Internal Revenue Service and Assistant U.S. Attorney Leon Patton for their work on the case.
Ninth Circuit Upholds Craig A. Morgenstern’s Sentence of Twelve Life TermsRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that the Ninth Circuit Court of Appeals has upheld the convictions of Craig A. Morgenstern, age 49, of Nine Mile Falls, Washington, that resulted in 12 life terms of imprisonment. In 2016, a federal trial jury found Morgenstern guilty of 12 counts of Aggravated Sexual Abuse of a Child; 18 counts of Production and Attempted Production of Child Pornography; two counts of Travel with Intent to Engage in Illicit Sexual Contact with a Minor; and, one count of Receipt of Child Pornography. Senior United States District Judge W. Fremming Nielsen sentenced Morgenstern to 12 life terms in federal prison for the Aggravated Sexual Abuse of a Child convictions; a 30-year term of imprisonment for each of the Production and Attempted Production of Child Pornography convictions; a 20-year term of imprisonment for each conviction for Travel with Intent to Engage in Illicit Sexual Contact with a Minor; and, a 20-year term of imprisonment for the Receipt of Child Pornography conviction.
According to evidence introduced at trial, Morgenstern sexually assaulted six young boys and produced child pornography images of the assaults from 2008 through 2014. The victims ranged in age from 7 to 15 years old at the time of the assaults. Evidence at trial also established that Morgenstern traveled to Idaho, Mississippi, and Tennessee in order to sexually molest the same victims and produce child pornography images for his own sexual gratification. Evidence also established that Morgenstern would incapacitate his victims using drugs so that the victims were unaware of the sexual abuse and so Morgenstern could continue his crimes and avoid detection.
Evidence at trial also established that Morgenstern’s crimes were discovered after one of his victims, then a minor child less than 14 years old, escaped from Morgenstern’s residence in Stevens County on October 18, 2014 after awaking to Morgenstern sexually assaulting him during the early morning hours. Subsequent investigation and evidence led to the discovery of the additional victims.
Following sentencing, Morgenstern appealed his convictions to the Ninth Circuit Court of Appeals. The Ninth Circuit rejected all of Morgenstern’s arguments, noting that “[t]he jury was presented with an overwhelming amount of digital evidence that depicted Morgenstern performing sex acts on the victims.”
Joseph H. Harrington said “Morgenstern is a sexual predator who used his position as a doctor and the trust of unsuspecting families to prey on children for his own selfish sexual gratification. If not for the brave actions of his last victim, the hard work of the Federal Bureau of Investigation and the Stevens County Sheriff’s Office, and the resilience of all of Morgenstern’s victims and the victims’ families at trial, Morgenstern’s crimes would have gone undiscovered and unpunished. Ultimately, Morgenstern received a just and fair trial and a just and fair sentence and he will never again be able to victimize another child or another unsuspecting family.”
The case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States 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. The Project Safe Childhood Initiative (“PSC”) has five major components:
· Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
· Participation of PSC partners in coordinated national initiatives;
· Increased federal enforcement in child pornography and enticement cases;
· Training of federal, state, and local law enforcement agents; and
· Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
This case was investigated by the Federal Bureau of Investigation and the Stevens County Sheriff’s Office. The case was prosecuted by Stephanie J. Lister and James A. Goeke, Assistant U. S. Attorneys for the Eastern District of Washington.
New York City Correction Department Investigator Convicted of Transporting, Receiving and Possessing Child PornographyRead the Press Release
A federal jury in Central Islip, New York, returned a guilty verdict today against Fernando Clarke, an investigator with the New York City Department of Correction, on child pornography trafficking offenses.
Clarke, 63, of East Meadow, New York, was found guilty of two counts of transportation of child pornography, four counts of receipt of child pornography, and one count of possession of child pornography. He is scheduled to be sentenced on April 13, by U.S. District Judge Arthur D. Spatt. Clarke remains in custody following the jury’s verdict.
The verdict was announced by Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Richard P. Donoghue for the Eastern District of New York and Special Agent-in-Charge Angel M. Melendez of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) New York.
“By trafficking in images depicting the sexual abuse and exploitation of numerous children, Fernando Clarke added to the demand that fuels the creation and dissemination of these horrific images,” said Acting Assistant Attorney General Cronan. “The diligent efforts of our investigative partners helped ensure that this former corrections investigator, who violated the public’s trust in law enforcement, was brought to justice.”
“As a sworn law enforcement officer, Clarke had a mandatory obligation to report child abuse,” said U.S. Attorney Donoghue. “Instead, he downloaded images of the rape and abuse of children for his personal use. We will be vigilant in holding accountable law enforcement officers who violate their oaths.”
“Clarke downloaded videos of children being sexually abused,” said Special Agent-in-Charge Melendez. “It is unfathomable that anyone, especially someone working in law enforcement, could be capable of such an act. Clarke will face the consequences of his reprehensible actions, and it is because of individuals like him that HSI will continue to work tirelessly, dedicating extensive resources, to investigating child exploitation cases in New York and around the country.”
According to court filings and evidence introduced at trial, Clarke downloaded video files of the sexual abuse of preteen children, which he kept on computer equipment in his home. During a court-ordered search of his home on July 28, 2015, Clarke initially claimed that he was downloading child pornography in connection with his employment as a Department of Correction investigator. Clarke admitted at the time of the search, however, that he had not been authorized to access or download child pornography for his employment. Clarke was arrested at the time of the search and subsequently suspended from the Corrections Department.
The investigation was conducted by HSI; the New York City Department of Investigation, Inspector General, Board of Correction and the High Technology Investigative Unit (HTIU) of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). The case is being prosecuted by Trial Attorney Lauren Kupersmith of the Criminal Division’s CEOS and Assistant U.S. Attorney Allen L. Bode of the U.S. Attorney’s Office’s Long Island Criminal Division.
New York City Correction Department Investigator Convicted of Transporting, Receiving and Possessing Child PornographyRead the Press Release
A federal jury in Central Islip returned a guilty verdict today against Fernando Clarke, an investigator with the New York City Correction Department, on seven counts of transportation, receipt and possession of child pornography. Clarke faces a minimum penalty of five years in prison and a fine of $250,000, when he is sentenced by United States District Judge Arthur D. Spatt on April 13, 2018. Clarke remains in custody.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, and Angel M. Melendez, Special Agent-in-Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI), New York, announced the verdict.
“As a sworn law enforcement officer, Clarke had a mandatory obligation to report child abuse,” stated United States Attorney Donoghue. “Instead, he downloaded images of the rape and abuse of children for his personal use. We will be vigilant in holding accountable law enforcement officers who violate their oaths.” Mr. Donoghue extended his grateful appreciation to HSI; the New York City Department of Investigation, Inspector General, Board of Correction; the Department of Justice Criminal Division’s Child Exploitation and Obscenity Section (“CEOS”) and High Technology Investigative Unit (“HTIU”), for their assistance in this case.
“By trafficking in images depicting the sexual abuse and exploitation of numerous children, Fernando Clarke added to the demand that fuels the creation and dissemination of these horrific images,” said Acting Assistant Attorney General Cronan. “The diligent efforts of our investigative partners helped ensure that this former corrections investigator, who violated the public’s trust in law enforcement, was brought to justice.”
“Clarke downloaded videos of children being sexually abused,” stated HSI Special Agent-in-Charge Melendez. “It is unfathomable that anyone, especially someone working in law enforcement, could be capable of such an act. Clarke will face the consequences of his reprehensible actions, and it is because of individuals like him that HSI will continue to work tirelessly, dedicating extensive resources, to investigating child exploitation cases in New York and around the country.”
According to court filings and evidence introduced at trial, Clarke downloaded video files of the sexual abuse of preteen children, which he kept on computer equipment in his home. During a court-ordered search of his home on July 28, 2015, Clarke initially claimed that he was downloading child pornography in connection with his employment as a Correction Department investigator. Clarke admitted at the time of the search, however, that he had not been authorized to access or download child pornography for his employment. Clarke was arrested at the time of the search and subsequently suspended from the Corrections Department.
The government’s case is being prosecuted by Assistant United States Attorney Allen L. Bode of the Long Island Criminal Division and Department of Justice Trial Attorney Lauren Kupersmith.
The Defendant:
FERNANDO CLARKE
Age: 64
East Meadow, New YorkE.D.N.Y. Docket No. 15-CR-426(S-1) (ADS)(AKT)
New Orleans and Houston Men Charged with Heroin ConspiracyRead the Press Release
U.S. Attorney Duane A. Evans announced that JUAN CARLOS MOSQUERA-AMARI, age 46, of New Orleans, ALEXANDER MURIEL-DIAZ, age 52, of Houston, Texas, LUIS RAMOS GRAVEDEPERALTA, age 60, of Kenner, CARLOS ALBERTO GONZALEZ VALENCIA, age 36, of Houston, Texas, STEVEN DUNCAN, age 45, of Metairie, and JOSE ANTONIO VALVERDE-CHACON, age 37, of Houston, Texas, were charged in a one-count indictment with conspiracy to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846.
According to the indictment, the defendants conspired with each other and others between December 11, 2017 and February 27, 2018, to distribute and possess with the intent to distribute more than one kilogram of heroin.
If convicted, the defendants face a mandatory minimum of 10 years imprisonment, a maximum term of imprisonment of life, a fine of up to $10,000,000, at least five years of supervised release after imprisonment, and a mandatory $100 special assessment.
U. S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney Jonathan L. Shih is in charge of the prosecution.
New Baden Man Charged and Pleads Guilty to Asbestos Felony OffenseRead the Press Release
On March 1, 2018, Joseph Michael Kehrer was charged with the felony offense of failure to notify regulatory authorities prior to removing asbestos material, United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today. Mr. Kehrer pled guilty to the charge. The sentencing hearing is scheduled for June 12, 2018, in the federal district court in Benton.
Mr. Kehrer admitted that around February and March of 2015, he was the owner of a building formerly used as the Okawville Elementary School in Okawville, Washington County, Illinois. During this time and during a renovation activity, Kehrer caused the removal of a combined amount of material containing asbestos greater than 160 square feet. Under such circumstances, he was required by law to notify regulatory authorities at least 10 working days prior to removing asbestos material. In this instance, the appropriate regulatory authority to have been notified was the Illinois Environmental Protection Agency (IEPA). Kehrer admitted to knowingly having failed to provide the prior notification to IEPA.
The offense of failure to notify regulatory authorities prior to removing asbestos material carries up to a maximum of five years of imprisonment, to be followed by up to three years of
supervised release and a fine up to $250,000.
The investigation is being conducted by the U.S. Environmental Protection Agency, Criminal Investigation Division and the U.S. Department of Labor, Office of Inspector General. The case is being prosecuted by Assistant United States Attorney William E. Coonan, with the assistance of David P. Mucha, Regional Criminal Enforcement Counsel, U.S. Environmental Protection Agency.
Multiple Defendants Sentenced as Part of United States Department of Justice Project Safe Childhood InitiativeRead the Press Release
DES MOINES, Iowa – The United States Attorney’s Office for the Southern District of Iowa recently obtained several convictions against defendants committing offenses against minor children, as part of the United States Department of Justice Project Safe Childhood Initiative, announced United States Attorney Marc Krickbaum.
On March 1, 2018, United States District Court Judge Stephanie M. Rose sentenced Gabriel Espinoza, age 23, of Marshalltown, to 25 years in prison for sexual exploitation of a minor. Upon his release from imprisonment, Espinoza will serve 25 years of supervised release.
The investigation into Espinoza’s crime started in March 2017, when law enforcement in Bucks County, Pennsylvania learned a 10-year-old female had been sexually exploited via social media by Espinoza, a registered sex offender. Within days, Espinoza was located and arrested by the Iowa ICAC Task Force. After additional investigation, law enforcement learned Espinoza had also victimized a minor female in Minnesota. This matter was investigated by the Iowa Internet Crimes Against Children Task Force (ICAC), Bucks County (PA) District Attorney’s Office, Minnesota Bureau of Criminal Apprehension, Iowa Division of Narcotics Enforcement, Iowa State Patrol, Marshalltown Police Department, Ankeny Police Department, and Iowa Division of Intelligence.
On December 8, 2017, United States District Court Judge Rebecca Goodgame Ebinger sentenced Gaspar Jose Francisco, age 27, of Osceola, to 14 years imprisonment for enticement and attempted enticement of a minor to engage in illicit sexual activities. Upon his release from imprisonment, Francisco will serve five years of supervised release.
This investigation was initiated by a report to the Osceola Police Department that alleged possible sexual abuse of a minor child by an adult who lived nearby. Further investigation revealed Francisco used social media to entice a 13-year-old female to engage in illegal sexual activity with him. This matter was investigated by the Iowa ICAC, Osceola Police Department, United States Department of Homeland Security – Homeland Security Investigations, and Iowa Attorney General’s Office.
On November 17, 2017, United States District Court Judge Rebecca Goodgame Ebinger sentenced Jordan Adolfo Turner, age 25, of Muscatine, to 20 years imprisonment for receipt of child pornography. Upon his release from imprisonment, Turner will serve 10 years of supervised release. This investigation was initiated by a tip from an Iowa man to the Federal Bureau of Investigation (FBI), which alleged a 13-year-old boy was being sexually exploited via social media by an adult male. Further investigation by Iowa ICAC revealed Turner solicited and received nude images and/or videos from seven other minors that resided in Iowa. This matter was investigated by the Iowa ICAC, FBI (Minneapolis Field Office and Omaha Field Office), and Muscatine Police Department.
These cases were prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U.S. Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nation-wide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children.
Any persons having knowledge of a child being sexually abused are encouraged to call the 24-hour Iowa Sexual Abuse Hotline at 1-800-284-7821. The National Center for Missing and Exploited Children (NCMEC) also operates a Cyber Tip line at www.cybertipline.com that allows parents and children to report child pornography and other incidents of sexual exploitation of children by submitting an online form.
Mt. Sterling Man Sentenced to 15 Years for Carjacking and Use of a Firearm During a Violent OffenseRead the Press Release
LEXINGTON, Ky. — Gary L. Thomas, 31, of Mt. Sterling, Ky., was sentenced today, to 15 years in prison by United States Senior District Court Judge Joseph M. Hood, for carjacking and use of a firearm during a violent offense. Judge Hood also ordered Thomas to pay a restitution in the amount of $11,000 to the victim.
Thomas previously admitted that on March 18, 2017, he stole a Ford pickup truck near Morehead, Ky. The stolen vehicle contained a firearm, a.380 caliber pistol. The Defendant traveled westbound on I-64 and state law enforcement officers gave pursuit. Thomas passed several vehicles on the left and right shoulders and forced others off the roadway. Speeds near 120 miles per hour were reached during the pursuit. Thomas was pursued into Clark County where he wrecked the vehicle. After the wreck, Thomas attempted to stop several other vehicles, while armed with the stolen firearm. A good Samaritan had observed the wreck and had stopped to offer assistance. Thomas pointed the firearm at the good Samaritan and robbed him of his 2005 Ford F250. Thomas then drove off in the second stolen truck and later wrecked it as well. Thomas ultimately fled on foot and was captured by local law enforcement. Thomas pleaded guilty to the charges in November of 2017.
Thomas was on state parole at the time of the commission of these offenses. His parole was subsequently revoked for a term of 15 years. The federal sentence imposed today was ordered to run consecutively to his revoked parole.
Under federal law, Thomas must serve 85 percent of his prison sentence; and, upon release, he will be under the supervision of the United States Probation Office for five years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart Lowery, Special Agent in Charge ATF; Chief David Charles, Mt. Sterling Police Department; Sheriff Fred Shortridge, Montgomery County Sheriff’s Department; and Sheriff Berl Purdue, Clark County Sheriff’s Department, jointly made the announcement.
The investigation was conducted by the ATF, the Mt. Sterling Police Department, the Montgomery County Sheriff’s Department, and the Clark County Sheriff’s Department. The United States was represented by Assistant United States Attorney Roger W. West.
This case were prosecuted as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Mobile County Man Receives 33 Month Sentence for Possession of a Firearm After Felony ConvictionRead the Press Release
The United States Attorney, Richard W. Moore, announces that David Tyler Nelson, a 23 year old, resident of Mobile, Alabama was sentenced to 33 months incarceration followed by three years of supervised release for possessing a firearm after being convicted of a felony, namely, Unlawful Possession or Receipt of a Controlled Substance.
The charge arose from a traffic stop, on May 13, 2017, during which the arresting officer witnessed Nelson, the passenger in the vehicle, sleeping with a firearm in his waistband. After retrieving the firearm, the officer woke Nelson and asked him his name and date of birth. Nelson provided a false name and date of birth to the officer. During an inventory of the vehicle, officers retrieved Nelson’s work identification, revealing his true identity. When questioned about his possession of the firearm on the scene, Nelson replied, “I just bought it for a couple bills. I took it to a party across the bay.” A few weeks later, on June 6, 2017, federal agents questioned Nelson about possession of the firearm and he stated that he “did not remember” why he had the firearm and that he “might have been worried about getting robbed”. Several months later, on September 9, 2017, during his post-arrest interview Nelson stated, he “did not know why he would have” a firearm. On November 14, 2017, Nelson went to trial and was found guilty of possession of a firearm after being previously convicted of a felony in violation of 18 U.S.C. § 922(g).
Mobile County Sheriff’s Office, Mobile Police Department, and special agents of the Federal Bureau of Investigation investigated the case and presented it to the United States Attorney’s Office for prosecution. The prosecutors assigned to the case were Assistant United States Attorneys Gina Vann, Erica Hilliard, and Lawrence Bullard.
Memphis Rapper Pleads Guilty to Illegally Possessing a Firearm in ArkansasRead the Press Release
LITTLE ROCK—Ricky Hampton, the rapper who goes by the stage name “Finese2Tymes” and has been performing at concerts when violence has broken out multiple times, pleaded guilty in federal court today to a gun possession charge stemming from an incident following a concert in Forrest City.
Cody Hiland, United States Attorney for the Eastern District of Arkansas, and Jeff Reed, Resident Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, & Explosives (ATF), announced Hampton’s plea, which took place before United States District Court Judge J. Leon Holmes. Hampton pleaded guilty to one count of being a felon in possession of a firearm. The plea agreement called for enhancements because the firearm in question was capable of accepting a high-capacity magazine, and Hampton possessed the firearm in connection with another felony offense.
Hampton was originally arrested on a federal complaint on July 3, 2017. A grand jury then indicted him on July 6, 2017. Kentrell Gwynn, Hampton’s bodyguard, was added as a co-defendant in a superseding indictment on August 3, 2017. Hampton pleaded guilty to the superseding indictment on Monday and will be sentenced by Judge Holmes at a later date.
“Violence has followed this individual, and it is time for that to end,” Hiland said. “The message is clear—if you are a felon in possession a firearm, and especially if you use that firearm to commit other crimes, you will be arrested and prosecuted to the fullest extent of the law.”
The investigation into Hampton showed that on June 24, into the early morning hours of June 25, 2017, Hampton performed at Club Envy in Forrest City. After the concert, a woman in the parking lot stated that she drove to the front of Club Envy at about 2:45 a.m. on June 25 and found her route blocked. She then saw Hampton entering the passenger side of a car as he began to scream at her to move her car. As the woman moved her car in reverse, Hampton aimed a large gun at her and yelled. The gun was still aimed at the woman when she turned her car around. As the woman sped off, her back window was shattered and she was grazed by a bullet on the side of her neck.
Witnesses in the Club Envy parking lot took photographs and videos of this incident and posted them to Facebook. In these photographs Hampton can be seen holding and pointing an “AK-style” pistol, which had a AK-47 rifle barrel, with a pistol grip and no shoulder stock. This type of firearm is commonly referred to as a “Draco.”
On July 1, 2017, Hampton performed at Power Ultra Lounge in Little Rock when a mass shooting occurred and 25 people were injured. The next day, ATF and United States Marshals arrested Hampton at the Side Affects Club in Birmingham, Alabama, following a concert. After the arrest, agents recovered a Century Arms “AK-style” pistol from the vehicle in which Hampton was traveling. This pistol was purchased by Gwynn on May 26, 2017. ATF agents interviewed Hampton, who told them that he “upped the Draco,” referring to raising and pointing the “AK-style” pistol in Forrest City.
The maximum punishment Hampton faces for being a felon in possession of a firearm is not more than 10 years’ imprisonment, a fine not to exceed $250,000, and not more than three years of supervised release.
The primary investigation was conducted by the ATF, with assistance from the U.S. Marshal Service and the Forrest City Police Department. Assistant United States Attorneys Stephanie Mazzanti and Chris Givens are prosecuting the case.
# # #
This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available on-line athttp://www.justice.gov/edar
Twitter: @EDARNEWS
Martinsburg man sentenced for drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Fenel Baptiste, of Martinsburg, West Virginia, was sentenced today to 18 months incarceration for distributing cocaine, United States Attorney Bill Powell announced.
Baptiste, age 32, pled guilty to one count of “Possession With the Intent to Distribute a Controlled Substance” in November 2017. Baptiste admitted to selling crack cocaine in Berkeley County in August 2015.
Assistant U.S. Attorneys Anna Z. Krasinski and Lara K. Omps-Botteicher prosecuted the case on behalf of the government. The Eastern Panhandle Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Chief U. S. District Gina M. Groh presided.
Man Pleads to Conspiracy to Distribute and Possess with the Intent to Distribute HeroinRead the Press Release
U.S. Attorney Duane A. Evans announced that MICHAEL PENN, age 41, of Tickfaw, pled guilty today to an Indictment charging him with conspiracy to distribute and possession with the intent to distribute heroin.
According to court documents, PENN was the target of a narcotics investigation that was investigated by members of the Drug Enforcement Administration and the Hammond Police Department. On five separate occasions, PENN unknowingly sold heroin to an undercover officer with the Hammond Police Department at various locations within the Hammond area. Each transaction was audio and video recorded.
Judge Susie Morgan will sentence PENN on June 13, 2018. PENN faces a maximum sentence of 20 years imprisonment for his participation in the drug conspiracy.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration and the Hammond Police Department in investigating this matter. Assistant United States Attorney Brittany L. Reed is in charge of the prosecution.
Man Pleads Guilty to Conspiracy to Commit Hobbs Act Robbery of the Gems and Gold Corner Jewelry StoreRead the Press Release
St. Thomas, USVI – Devon Davis, 27, of St. Thomas, pleaded guilty today in District Court to one count of conspiracy to commit Hobbs Act robbery, United States Attorney Gretchen C.F. Shappert, announced. Davis was the last of seven men charged with the Hobbs Act robbery of the Gems and Gold Corner jewelry store on St. Thomas.
Davis faces up to 20 years in prison on the conspiracy count. Judge Curtis V. Gomez remanded Davis into the custody of the U.S. Marshals Service pending his sentencing on July 5, 2018.
On November 16, 2017, a federal grand jury returned a three-count indictment, resulting from an investigation into the Hobbs Act robbery of Gems and Gold Corner jewelry store on St. Thomas on September 16, 2013. According to the indictment, Davis was a member of the robbery crew that conspired to rob the store. Davis’ co-conspirators entered the store and brandished a handgun to threaten the storeowner before fleeing with merchandise. Davis drove the getaway vehicle.
Other members of the conspiracy, Ron Delano Kuntz, 42, KeonWilson, 22, Shawn McIntosh, 24, Shaquille Correa, 22, Jarmaine Ayala, 36, and Wahilli James, 21, have all been convicted and remain in the custody of the U.S. Marshals Service pending their sentencings in May 2018.
This case is a result of an investigation by the Federal Bureau of Investigation and the Virgin Islands Police Department and was prosecuted by Assistant United States Attorneys Anna A. Vlasova and Kim L. Chisholm.
Man Charged in Fentanyl Overdose Death of MarineRead the Press Release
Assistant U. S. Attorney Timothy Coughlin (619) 546-6768, Special Assistant U.S. Attorney Thomas Endicott, Captain, U.S. Marine Corps (619) 546-8664
NEWS RELEASE SUMMARY – March 2, 2018
SAN DIEGO – A 25-year-old Marine Corporal was found unresponsive on the floor in his Camp Pendleton barracks on Sunday, January 29, 2017. He was lying next to his computer chair, still wearing headphones. He appeared to have been playing video games. Paramedics were unable to revive him.
What followed was an autopsy report that determined the cause of death to be fentanyl toxicity, and a death investigation that has resulted in federal charges against the alleged dealer, 25-year-old Kyle Anthony Shephard of San Marcos.
In a complaint unsealed today, Shephard is charged with Distribution of Fentanyl Resulting in the Death of the Marine, identified in court documents only as Corporal M.C., 1st Marine Division. Shephard was arraigned before U.S. Magistrate Judge, Mitchell D. Dembin today at 2:00 p.m. He is scheduled to appear for a detention hearing on Tuesday, March 6, 2018 at 1:30 p.m., also before Judge Dembin.
The last known contacts with Corporal M.C. occurred late Friday night, January 26, 2017, two days before his death, and shortly after midnight on Saturday morning. A forensic examination of Corporal M.C.’s computer showed his last computer activity taking place at 1:44 a.m. on January 28, 2017.
On February 1, 2017, an autopsy was conducted at the Naval Medical Center San Diego. The toxicology screen was positive for fentanyl. Colonel Ladd Tremaine, M.D., Medical Corps, U.S. Army, Armed Forces Medical Examiner, determined that Corporal M.C. died of opioid toxicity caused by a fentanyl overdose.
On April 28, 2017 a forensic chemist with the Defense Forensic Science Center, reported that a blue pill seized from Corporal M.C.’s barracks room tested positive for fentanyl. The pill was discovered on the headboard next to a powdery substance and a rolled up dollar bill.
A complaint alleges that Shephard distributed the fentanyl pills to Corporal M.C. which caused his death. Text messages obtained from Corporal M.C.’s phone revealed he was first introduced to Shephard in November 2016. During the next three months – November – December 2016 and January 2017 – they arranged numerous sales of fentanyl and other drugs. Their conversations included Shephard acknowledging that the pills could lead to an overdose.
Their drug-based relationship culminated on Friday January 27, 2017, when Shephard sold four fentanyl pills to Corporal M.C. for one hundred dollars. The contents of that text message are included below:
Corporal M.C. – 6:14 PM – Yo whats good bro.
Shephard – 6:15 PM – What’s good?
Corporal M.C. – 6:17 PM – Can u meet up in a lil bit?
Shephard – 6:20 PM – Yes come to esco
Corporal M.C. – 6:21 PM – Do u have the fetanyl ones or the other ones
Shephard – 6:22 PM – I have both but new fet prices are 25 the others are 20 I lost a Plug and had my prices raised significantly with the fet ones
Corporal M.C. – 6:34 PM – Any deals
Corporal M.C. – 6:41 PM – And where do u wanna meet
Shephard – 6:41 PM – If you get quite a bit
Corporal M.C. – 6:44 PM – Kk ill take 4 for a hundo
Corporal M.C. – 6:53 PM – Im omw
Shephard – 6:57 PM - Fasho
Corporal M.C. – 7:25 PM – Where we meeting
Shephard – 7:28 PM – My housr
Corporal M.C. – 7:34 PM – Im in here
Shephard – 7:36 PM – Me too
Corporal M.C. – 7:36 PM – Im near the address 336
An investigation of Shephard’s ongoing criminal activity found that on December 12, 2017, Shephard and a female associate were arrested and charged by the San Diego District Attorney’s Office with distribution of a controlled substance. Law enforcement officers involved in the arrest of Shephard said the controlled substance Shephard was charged with possessing for distribution was approximately 2,000 fentanyl-laced pills.
“What a senseless tragedy that another young life has been lost because of fentanyl,” said U.S. Attorney Adam Braverman. “This Marine was serving his country and had his whole life ahead of him. We are going to hold dealers accountable for the deaths that result from their reckless disregard for human life.”
“NCIS and other law enforcement agencies must do whatever we can to address the nation's ongoing opioid crisis by going after those who are dealing death. Busting a dealer tied to the death of a U.S. Marine will hopefully save the lives of other service members,” said NCIS Pendleton Field Office Special Agent in Charge Todd Battaglia.
In another recent case being prosecuted by the U.S. Attorney’s Office, alleged heroin distributor Max Gaffney was arrested in January 2018 and charged with Distribution of Heroin Resulting in Death. According to an October 2017 indictment, Gaffney distributed heroin on February 16, 2017, which resulted in the death of a person identified only as K.R. For further information please see Case Number 17cr3330.
While final numbers have not been released, preliminary estimates reflect that deaths caused by fentanyl analogs doubled in San Diego County in 2017 over 2016.
DEFENDANT Case Number 18-mj-0935-MDD
Kyle Anthony Shephard Age: 25
SUMMARY OF CHARGES
Distribution of Fentanyl Resulting in Death – Title 21, U.S.C., Section 841(b)(1)(C)
Maximum penalty: Mandatory minimum 20 years in prison up to life
AGENCY
United States Naval Criminal Investigative Service Marine Corp
U.S. Army, Armed Forces Medical Examiner
Defense Forensic Science Center
San Diego County Sheriff’s Department
United States Attorney’s Office
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
MS-13 Members Convicted of Kidnapping, Murder, and ExtortionRead the Press Release
ALEXANDRIA, Va. – Six members of the street gang La Mara Salvatrucha, or MS-13, were convicted today by a federal jury for their roles in a kidnapping, murder, and an extortion conspiracy in Northern Virginia.
According to court records and evidence presented at trial, in April and May 2016, MS-13 gang members and associates Dublas Aristides Lazo, Lelis Ezequiel Tremino-Tobar, Carlos Benitez Pereira, Daniel Oswaldo Flores-Maravilla, Andres Alexander Velasquez-Guevara, Manuel Antonio Centeno, Wilmer Viera-Gonzalez, and Miguel Zelaya-Gomez targeted Carlos Otero-Henriquez, an 18-year-old resident of Leesburg, because they believed Otero-Henriquez was a member of the rival 18th Street gang. On the evening of May 21, 2016, the gang members lured Otero-Henriquez into a vehicle occupied by Lazo, Treminio-Tobar, Pereira, Flores-Maravilla, Centeno, Viera-Gonzalez, and Zelaya-Gomez under the pretense that the group was going to a party. Instead, the group drove Otero-Henriquez to an isolated quarry near Harpers Ferry, West Virginia. There, the group severely beat, restrained, and killed Otero-Henriquez, stabbing him more than 50 times with a knife. Afterwards, the gang left the Otero-Henriquez’s body in a nearby ditch, and returned to the home of Shannon Sanchez in Leesburg. Sanchez, another associate of the gang, helped them burn their clothes and destroy other evidence of the crime.
“The hallmark of MS-13 is extreme violence,” said Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia. “This brutal kidnapping and murder is a tragic reminder of the impact MS-13 has on communities here in Northern Virginia. My hope is that our efforts to investigate and prosecute this case will send a clear message: Violence will be aggressively prosecuted. I want to thank our trial team and investigative partners for their terrific work on this case and for bringing these criminals to justice.”
According to court records and evidence presented at trial, from January 2016 through April 2016, Juan Carlos Guadron-Rodriguez, Wilmar Javier Viera-Gonzalez, and Miguel Zelaya-Gomez engaged in a conspiracy to extort an individual victim residing in Leesburg, Virginia. As part of the conspiracy, the defendants threatened violence to the victim and the victim’s family unless the victim made regular extortion payments to the gang. The victim’s family contacted law enforcement, and the victim thereafter wore an FBI body wire to record extortion payments the victim made to Guadron-Rodriguez and Zelaya-Gomez in March and April 2016. The FBI conducted surveillance of these payments both to ensure the victim’s safety, and to collect evidence against the gang. Through these investigative steps, the FBI was able to record and photograph Guadron-Rodriguez and Zelaya-Gomez in the act of taking extortion money from the victim.
“This horrendous kidnapping and murder was a senseless and inhumane act committed by MS-13 members,” said Andrew W. Vale, Assistant Director in Charge of the FBI's Washington Field Office. “Today's verdict sends a clear message that the FBI, along with our local, state and other federal law enforcement agencies, will hold violent gang members and murderers fully accountable for their actions. The FBI, along with our partners, work relentlessly to ensure violent gangs and murderers are brought to justice. I would like to thank the agents, analysts, task force officers, and prosecutors for their unwavering efforts to eliminate gang violence in our communities.”
“This unfortunate and disturbing case serves as another example as to why law enforcement must not relent in pursuing criminal gangs such as MS-13, said Gregory C. Brown, Chief of Leesburg Police. “Through our collaborative partnerships, we will continue to aggressively investigate and work with prosecutors to ensure violent gang members receive the maximum punishment as allowed by the law. It is important for those who choose to engage in criminal gang activity to know that they are not welcome in our communities.”
A total of 10 defendants were charged in this case. Of those, six defendants went to trial, and were convicted of all charges. Four defendants pleaded guilty prior to trial. See the table below for additional information on each defendant.
Name
Age,
Hometown
Convictions
Sentencing Info
Juan Carlos Guadron-Rodriguez
23, Leesburg
Conspiracy to Commit Extortion; Use of Interstate Facilities in Aid of Extortion
Maximum 25 years
Dublas Aristides Lazo
28, Leesburg
Conspiracy to Commit Kidnapping; Conspiracy to Commit Kidnapping and Murder in Aid of Racketeering; Kidnapping Resulting in Death
Mandatory life
Lelis Ezequiel Tremino-Tobar
21, Alexandria
Conspiracy to Commit Kidnapping; Conspiracy to Commit Kidnapping and Murder in Aid of Racketeering; Kidnapping Resulting in Death
Mandatory life
Carlos Jose Benitez Pereira
22, Alexandria
Conspiracy to Commit Kidnapping; Conspiracy to Commit Kidnapping and Murder in Aid of Racketeering; Kidnapping Resulting in Death
Mandatory life
Daniel Oswaldo Flores-Maravilla
20, Alexandria
Conspiracy to Commit Kidnapping; Conspiracy to Commit Kidnapping and Murder in Aid of Racketeering; Kidnapping Resulting in Death
Mandatory life
Andres Alexander Velasquez-Guevara
22, Leesburg
Conspiracy to Commit Kidnapping
Maximum life
Shannon Marie Sanchez
36, Leesburg
Accessory After the Fact
Maximum 15 years on April 27
Miguel Zelaya-Gomez
20, Leesburg
Conspiracy to Commit Extortion; Kidnapping Resulting in Death
Life on Dec. 7, 2016
Wilmar Javier Viera-Gonzalez
24, Leesburg
Conspiracy to Commit Extortion; Kidnapping Resulting in Death
Mandatory life on March 23
Manuel Antonio Centeno
34, Leesburg
Kidnapping Resulting in Death
Mandatory life
Lazo, Treminio-Tobar, Pereira, and Flores-Maravilla face a mandatory sentence of life in prison for kidnapping resulting in death, in addition to the sentences they receive for conspiracy to commit kidnapping, and conspiracy to commit kidnapping and murder in aid of racketeering. Velasquez-Guevara faces a maximum sentence of life in prison for conspiracy to commit kidnapping. Guadron-Rodriguez faces a maximum sentence of five years in prison for each of the five extortion charges for which he was convicted. Sanchez faces a maximum sentence of 15 years in prison for accessory after the fact. The maximum statutory sentence is prescribed by Congress, and is provided here for informational purposes. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Gregory C. Brown, Chief of Leesburg Police, made the announcement after U.S. District Judge Liam O’Grady accepted the verdict. Assistant U.S. Attorneys Patricia T. Giles, Tobias D. Tobler, and Morris Parker are prosecuting the case.
The Northern Virginia Gang Task Force, Loudoun County Commonwealth’s Attorney’s Office, Loudoun County Sheriff’s Office, U.S. Marshals Service, U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington Field Office, Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Fairfax County Police Department provided significant assistance during the investigation.
The case was part of the Organized Crime Drug Enforcement Task Forces (OCDETF) Operation Raptor Claw. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:16-CR-209.
Lockport Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sterling Jones, 24, of Lockport, NY, pleaded guilty to possession of child pornography, before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on March 31, 2017, the defendant possessed 295 videos and 11 images of child pornography. These videos and images were on the cellular telephone and were stored by the defendant in his DropBox online storage account. Over 600 images of child pornography were recovered from Jones’ cellular telephone and some of the images included prepubescent minors and depictions of violence.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.
Sentencing is scheduled for June 11, 2018, at 10:00 a.m. before Judge Vilardo.
Lexington Man Pleads Guilty to a Firearms ChargeRead the Press Release
LEXINGTON, Ky. — Louis L. Martin, of Lexington, pleaded guilty today to being a felon in possession of a firearm.
In his plea agreement, Martin admitted that, on June 12, 2017, he possessed a Smith and Wesson .40 caliber semiautomatic pistol. Lexington Police officers found Martin in possession of the firearm after responding to an assault complaint. Martin also admitted that he had previously been convicted the felony offenses of robbery and murder, and that he was not lawfully able to possess a firearm.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart J. Lowery, Special Agent in Charge of the Louisville Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Lawrence Weathers, Chief of the Lexington Police Department, jointly made the announcement.
The ATF and Lexington Police Department conducted the investigation.
Martin is currently scheduled to appear for sentencing before United States District Judge Danny C. Reeves, in Lexington, on June 8, 2018. Martin faces a maximum prison sentence of 10 years. However, any sentence following conviction would be imposed by the court after consideration of the United States Sentencing Guidelines and the federal statute governing the imposition of sentences.
This case was prosecuted as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Laguna Pueblo Man Pleads Guilty to Federal Arson ChargeRead the Press Release
ALBUQUERQUE – Brian Dyea, 29, an enrolled member of the Laguna Pueblo who resides in Mesita, N.M., pled guilty today in federal court in Albuquerque, N.M., to an arson charge under a plea agreement with the U.S. Attorney’s Office.
Dyea was arrested in Dec. 2017, on an indictment charging with him arson. According to the indictment, Dyea committed the crime by setting fire to and burning a building on the Laguna Pueblo in Cibola County, N.M., on June 17, 2016.
During today’s proceedings, Dyea pled guilty to the indictment and admitted that on June 17, 2016, he set fire to his father’s trailer located on the Laguna Pueblo, which caused thousands of dollars worth of damage to the trailer. Dyea further admitted that he set the fire while his father was still inside the trailer, and his father suffered minor smoke inhalation.
At sentencing, Dyea faces a maximum penalty of life in federal prison. Dyea remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services and the Pueblo of Laguna Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Elisa Dimas.
Kadoka Woman Sentenced for Wire FraudRead the Press Release
United States Attorney Ron Parsons announced that a Kadoka, South Dakota, woman convicted of Wire Fraud was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Tammy Twiss, a/k/a Tammy Eisenbraun, age 39, was sentenced on March 1, 2018, to 2 months in custody, followed by 3 years of supervised release to include 4 months of home confinement, $12,061.33 in restitution, and a $100 special assessment to the Federal Crime Victims Fund
Twiss was indicted for the charge by a federal grand jury on November 16, 2016. The charge related to Twiss using her ex-husband’s name, along with his parents’ banking information, to conduct fraudulent wire transfers. Twiss electronically withdrew in excess of $20,000 from her ex-in-laws’ bank account in 2016.
This case was investigated by the U.S Postal Service. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Twiss must self-surrender to the custody of the U.S. Marshals Service on March 15, 2018.
Justice Department Settles Pregnancy Discrimination Lawsuit Against the University of BaltimoreRead the Press Release
The Justice Department today announced it has entered into a settlement agreement with the University of Baltimore (University) to resolve allegations that the University discriminated against a female employee, based upon her pregnancy, in violation of Title VII of the Civil Rights Act of 1964.
According to the Department’s complaint, the University discriminated against former employee Sarah Dechowitz on the basis of her sex (pregnancy) by first firing her and then refusing to re-hire her for a similar position. The complaint alleged that shortly after she informed management that she was pregnant, a high-level University official involved in the decisions about Ms. Dechowitz’s employment made comments indicating that her pregnancy was a motivating factor in the University’s decision to terminate her employment by eliminating her position. Approximately one week after the University notified Ms. Dechowitz that her position was being eliminated, the University advertised for a similar, newly created position. According to the complaint, the University’s decision not to re-hire Ms. Dechowitz for the similar position was because of or motivated by her pregnancy.
“The Justice Department is committed to fighting pregnancy discrimination under Title VII,” said Acting Assistant Attorney General John Gore for the Civil Rights Division. “I am pleased with the University of Baltimore’s cooperation in ensuring its compliance with the law.”
Under the terms of the settlement agreement, the University has agreed to pay $115,000 in back pay and compensatory damages to Ms. Dechowitz. In addition, the University has agreed to review and revise, if necessary, its anti-discrimination policies and procedures to ensure that it protects its employees from discrimination on the basis of sex, including pregnancy, and unlawful retaliation. The University also agreed to provide training to both new and current employees on its anti-discrimination policies and procedures.
Ms. Dechowitz initially filed a charge of sex discrimination with the Equal Employment Opportunity Commission’s Baltimore, Maryland Field Office, which investigated the matter, determined there was reasonable cause to believe discrimination had occurred, and referred the matter to the Justice Department.
Title VII is a federal statute that prohibits employment discrimination on the basis of sex (including pregnancy), race, color, national origin and religion. Title VII also prohibits retaliation against an employee who opposes an unlawful employment practice, makes a charge of discrimination or participates in an investigation, proceeding or hearing under the Civil Rights Act.
The United States is represented in this case by Civil Rights Division attorney Richard Sexton.
Additional information about Title VII and other federal employment laws is available on the website of the Employment Litigation Section of the Civil Rights Division at http://www.justice.gov/crt/ and https://www.justice.gov/crt/employment-litigation-section.
Justice Department Resolves Discrimination Claim Against Bolingbrook, Illinois, Meat Processing PlantRead the Press Release
The Justice Department today announced it has signed a settlement agreement with West Liberty Foods L.L.C., an Iowa-based meat processing business that operates a plant in Bolingbrook, Illinois, to resolve the Department’s investigation into whether the company discriminated against work-authorized immigrants when verifying their employment authorization, in violation of the Immigration and Nationality Act (INA).
The Department’s investigation revealed that West Liberty Foods routinely asked non-U.S. citizens hired at its Bolingbrook location to present specific documents, such as permanent resident cards or Employment Authorization Documents, to establish their work authority but did not make similar requests of U.S. citizens. The anti-discrimination provision of the INA prohibits employers from subjecting employees to more or different documentary demands based on employees’ citizenship, immigration status, or national origin.
Under the settlement, West Liberty Foods will pay a civil penalty of $52,100 to the United States, ensure that its human resources staff participate in department-provided training, post notices informing workers about their rights under the INA’s anti-discrimination provision, and be subject to departmental monitoring for two years.
“When verifying an employee’s work authorization, employers must ensure that they do not impose unlawful barriers based on citizenship status,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “We commend West Liberty Foods for its cooperation with the Department’s investigation, and look forward to working with the company to implement this agreement.”
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites.
Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship, immigration status or national origin, or discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee, should contact IER’s worker hotline for assistance.
Jamestown Man Sentenced on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy Jr. announced today that Barrett Johnson, 34, of Jamestown, NY, who was convicted of possession with intent to distribute MDA, also known as “Molly,” a Scheduled I controlled substance, was sentenced to 30 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that the defendant sold MDA on multiple occasions, at locations which included Johnson’s barbershop. The defendant would purchase “Molly” from co-defendant Richard Clarke and, in turn, sell the “Molly” to others, including co-defendant Joshua Castro.
Co-defendants Joshua Castro and Richard Clarke have also been convicted.
Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Border Enforcement Security Taskforce which includes the Ontario Provincial Police, Niagara Regional Police, Peel Regional Police, and Toronto Police Services.
Huntington woman pleads guilty to pain pill conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Lorie A. Mayhon, 43, entered her guilty plea to conspiracy to distribute oxycodone. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration and the West Virginia State Police.
“We’re working every day with law enforcement in Huntington to get pain pills off the streets,” said U.S. Attorney Stuart. “Pill pushers need to understand that there’s nothing but hard time waiting for those who try to sell their poison in our communities.”
Mayhon admitted that on September 15, 2017, she assisted in arranging the sale of oxycodone pills to a confidential informant working with the DEA. The drug deal was scheduled to take place at a residence on Collis Avenue in Huntington, where the informant met with Mayhon and codefendants Joseph Melbar and Curtis Holcomb to complete the transaction. After discussing the terms of the deal – 500 oxycodone pills in exchange for $20,000 cash, Mayhon and Holcomb left Melbar’s residence to pick up another codefendant to acquire the pills. After the codefendants picked up the pills, a trooper with the West Virginia State Police conducted a traffic stop on their vehicle on Artisan Avenue in Huntington. During the stop, the trooper seized 454 thirty mg oxycodone pills that Holcomb had concealed in his sock.
Mayhon faces up to 20 years in federal prison when she is sentenced on June 4, 2018. Both Melbar and Holcomb previously pled guilty for their roles in the conspiracy and each faces up to 20 years in prison. Melbar is scheduled to be sentenced on May 29, 2018. Holcomb is scheduled to be sentenced on May 7, 2018.
Assistant United States Attorney Joseph F. Adams is responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of 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 pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Hudson County Man Charged with Cocaine Trafficking Conspiracy Operating in Jersey CityRead the Press Release
NEWARK, N.J. – A Jersey City, New Jersey, man was charged today with conspiracy to distribute cocaine after law enforcement conducted a wiretap of his phone and found 2.5 kilograms of cocaine in his apartment, U.S. Attorney Craig Carpenito announced.
Rayfeal Roman, 34, is charged by complaint with one count of conspiracy to distribute 500 grams or more of cocaine. He was arrested on state charges last month and remains in custody; he will have his initial appearance on the federal charges later this week before U.S. Magistrate Judge Mark Falk in Newark federal court.
According documents filed in this case and statements made in court:
Since September 2017, law enforcement officers in New Jersey have been investigating a large drug distribution network involving Roman and others. The investigation included lawfully intercepted communications, as well as physical surveillance, a comprehensive review of records, and other investigative methods.
Law enforcement officers obtained a court order to intercept wire and electronic communications occurring over the cellular telephone used by Roman. Law enforcement officers intercepted numerous telephone conversations in which Roman others discussed the distribution of cocaine.
On Feb. 6-7, 2018, law enforcement officers intercepted communications between Roman and a conspirator regarding the sale of one kilogram of cocaine. The conspirator wanted to obtain the cocaine from Roman for $29,500, and that the conspirator would, in turn, be providing the cocaine to another unnamed individual. Roman directed the conspirator to go to Roman’s apartment in Jersey City in order to obtain the cocaine.
Law enforcement officers obtained and executed a search warrant for Roman’s apartment in Jersey City. They found approximately 2.5 kilograms of cocaine, approximately $30,000 in cash, and various other materials commonly used in connection with drug distribution, such as an electronic money-counting machine, a digital scale, and drug-packaging materials.
The cocaine distribution conspiracy charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison, and a $2 million fine.
U.S. Attorney Carpenito credited the Hudson County Prosecutor’s Office under the leadership of Prosecutor Esther Suarez, and special agents of the Drug Enforcement Administration, under the direction of Valerie A. Nickerson, with the investigation leading to the charge.
The government is represented by Assistant U.S. Attorney Jonathan W. Romankow of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
The charge and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Houston Woman Sentenced to Prison for Defrauding the Catholic ChurchRead the Press Release
HOUSTON – A 38-year-old Houston woman has been ordered to prison for submitting falsified fund requests to an investment adviser for the Basilian Father’s Missions of the Catholic Church (BFM), announced U.S. Attorney Ryan Patrick. Rosina K. Blanco pleaded guilty Oct. 24, 2017, to one count of wire fraud.
Today, U.S. District Judge Nancy Atlas ordered her to prison for a total of 41 months. The sentence will be immediately followed by three years of supervised release, during which time she can hold no job that has financial responsibilities or access to sensitive or confidential information. She was further ordered to pay $1,107,425.91 in restitution.
At the hearing, the court found Blanco caused more than $1 million in unauthorized transfers from BFM accounts to accounts in her name. The court also heard about the effect Blanco’s criminal behavior has had on the BFM, who offered a victim impact statement describing the deleterious effect to the relationship of trust between the BFM and its donors and noting they had likely lost donations as a result of Blanco’s scheme.
Blanco accomplished the theft by using a computer to transmit fraudulent and falsified funds transfer requests from the Southern District of Texas to the BFM investment manager in St. Louis who then unwittingly transferred more than $1 million in BFM funds.
“From a position of great trust, this woman placed greater importance on her dog than on the children many parishioners and donors worked hard to support,” said Patrick. “She decided to treat herself to designer handbags and thousands of dollars on doggy spa treatments. Brazen theft of this magnitude is disgraceful.”
The BFM is headquartered in Sugar Land and raises money in North America to support schools in Mexico and Colombia. It reports to the Congregation of St. Basil, an order of Catholic priests headquartered in Toronto, Canada. The BFM receives funding from several sources to include the Congregation of St. Basil in Canada, individual mail solicitations and mission offerings.
On Aug. 31, 2015, Blanco was hired to be the bookkeeper for the BFM. From September 2015 to October 2016, Blanco facilitated the transfer of approximately $1,107,425 from BFM accounts to her personal accounts without authorization. Instead of the funds going for mission and ministry work among disadvantaged people in Colombia and Mexico, Blanco instead used the majority of the money for personal expenses such as jewelry, furniture, luxury cars, real estate, Louis Vuitton handbags, goods and services for her dog and other luxury items.
She will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation. Assistant U.S. Attorney Belinda Beek prosecuted the case.
Houma Man Pleds Guilty to Violating the Federal Controlled Substances ActRead the Press Release
ELBERT MOORE, age 36, of Houma, Louisiana, pleaded guilty today before the Honorable Susie Morgan to a bill of information charging him with violating the Federal Controlled Substances Act, announced U.S. Attorney Duane Evans.
According to the court records, MOORE conspired to possess with the intent to distribute and to distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin, a quantity of a mixture or substance containing a detectable amount of cocaine, and a quantity of a mixture or substance containing a detectable amount of methamphetamine. MOORE admitted to being captured on a Title III wire intercept.
Sentencing is scheduled for June 8, 2018. MOORE faces a mandatory minimum term of imprisonment of at least 10 years because of a prior drug offense, up to a maximum of life, a fine of $8,000,000 and eight years of supervised release following any term of imprisonment.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration (DEA). The prosecution is being handled by Assistant United States Attorney David Haller.
Hearing Set for Thomas Lawton Evans Jr. in Federal CourtRead the Press Release
Columbia, South Carolina-------United States Attorney Beth Drake announced today that a hearing for Thomas Lawton Evans Jr., age 37, of Boiling Springs, South Carolina, has been set for Monday, March 5, 2018, at 1:30 P.M. in the federal courthouse, 85 Broad St., in Charleston, SC,
Evans has been charged in a criminal complaint out of the District of South Carolina with Kidnapping involving a person under the age of eighteen. Evans was arrested in Mississippi, and has been transported back to Charleston, South Carolina, to be arraigned in federal court on the complaint.
The case is being investigated by Special Agents with the Federal Bureau of Investigation and by the Charleston Police Department.
The United States Attorney stated that all charges are merely accusations and that the defendants are presumed innocent until and unless proven guilty.
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Georgia Man Sentenced to Seven Years in Prison for Role in Drug Trafficking ConspiracyRead the Press Release
TRENTON, N.J. – A Norcross, Georgia, man was sentenced today to 84 months in prison for his role in an international drug trafficking organization, U.S. Attorney Craig Carpenito announced.
Wilson Madrid, 32, previously pleaded guilty before U.S. District Judge Peter G. Sheridan to an information charging him with conspiracy to launder money. Judge Sheridan imposed the sentence today in Trenton federal court.
According to documents filed in these and other cases and statements made in court:
From June 2014 through November 2014, Madrid conspired with other members of an international drug trafficking organization, with cells operating in New Jersey, to launder more than $150,000 related to the distribution of heroin. In December 2014, a co-defendant, Dany Francisco-Valerio, 44, of Bronx, New York, conspired with members of the drug trafficking organization to transport and distribute kilogram quantities of heroin; on Dec. 24, 2014, he was arrested while transporting 15 kilograms of heroin contained in a hidden compartment in his vehicle. Francisco-Valerio pleaded guilty before Judge Sheridan to an information charging him with conspiracy to distribute heroin and has been sentenced to 51 months in prison.
One of their conspirators, Henry Zamora, pleaded guilty before Judge Sheridan on Aug. 31, 2017, to conspiring to distribute four kilograms of heroin that were recovered from a hidden compartment in Zamora’s vehicle. Another conspirator, Harry Madrid, pleaded guilty before Judge Sheridan on Sept. 7, 2017, to conspiring to launder more than $150,000 on behalf of the drug trafficking organization.
In addition to the prison term, Judge Sheridan sentenced Madrid to five years of supervised release.
U.S. Attorney Carpenito credited the Drug Enforcement Administration’s (DEA) New Jersey Division, under the direction of Special Agent in Charge Valerie A. Nickerson, officers of the N.J. State Police, under the direction of Superintendent Col. Patrick Callahan, and officers from the DeKalb (Illinois) Police Department, under the direction of Chief Gene Lowrey, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Thomas S. Kearney and Assistant U.S. Attorney Jamari Buxton of the U.S. Attorney’s Office Organized Crime/Gangs Unit in Newark.
Defense counsel: Mark Davis Esq., Hamilton, New Jersey
Gardner Man Pleads Guilty to Gun ChargeRead the Press Release
BOSTON – A Gardner man pleaded guilty today in federal court in Worcester to a federal firearm offense.
Edwin Labaw, 33, pleaded guilty to one count of being a felon in possession of a firearm. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for July 9, 2018. In November 2017, Labaw was arrested after being charged in a criminal complaint.
On Sept. 19, 2017, Labaw and another individual, Travis Miller, met with an undercover federal agent in Gardner and sold the agent a double-barrel 12-gauge shotgun, a 9mm Kel-Tech Sub 2000 rifle, and 11 rounds of 12-gauge shotgun ammunition in exchange for $1,200. Miller and Labaw met again with an undercover federal agent on Sept. 27, 2017, in Fitchburg and sold the agent a 7.62x39mm caliber SKS rifle, along with ammunition and magazines, in exchange for $1,800.
According to court documents, Labaw has prior felony convictions and is therefore prohibited from possessing firearms and ammunition.
Miller was also arrested in November 2018 and charged in federal court in Worcester with being a felon in possession of ammunition and with distributing fentanyl. He has a court hearing scheduled for March 22, 2018.
Labaw faces a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement today. This case was investigated with assistance from the Worcester Police Department, Gardner Police Department, Fitchburg Police Department, and Massachusetts State Police. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Fresno Man Pleads Guilty to Laser Strike on Police HelicopterRead the Press Release
FRESNO, Calif. — Michael Vincent Alvarez, 32, of Fresno, pleaded guilty today to striking Air-1, a Fresno Police Department helicopter, with a green laser beam, U.S. Attorney McGregor W. Scott announced.
According to court documents, on October 22, 2017, Alvarez struck a Fresno Police helicopter several times with a powerful green laser. The laser caused visual interference of the Tactical Flight Officer and disrupted an air support response to a domestic violence call. Alvarez was driving a vehicle on Highway 99 when he allegedly pointed the laser at the helicopter and tracked and struck it. When ground units were called to apprehend Alvarez, he drove through the streets of Fresno at a high rate of speed, eluding officers for several miles until he crashed into the center divider at First Street and Floradora Avenue. Following the crash, Alvarez ran into a residential area, jumping several fences until he was arrested in a backyard. A green laser pointer that officers found inside the driver side door pocket of Alvarez’s vehicle had a danger warning on it.
Alvarez is scheduled for sentencing on May 21, 2018, before U.S. District Judge Dale A. Drozd. Alvarez is facing a five-year sentence and a fine of $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the Federal Bureau of Investigation and Fresno Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Former Therapist Sentenced to 25 Years in Prison for Possession and Receipt of Child Pornography and Enticement of A ChildRead the Press Release
LAS VEGAS, Nev. – A former marriage and family therapist who was convicted by a jury of possession and receipt of child pornography and for soliciting a child to have sex with him was sentenced today to 300 months in prison and lifetime supervised release, announced U.S. Attorney Dayle Elieson for the District of Nevada and Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division.
Ian Alexander Pincombe, 49, of Las Vegas, was found guilty by a jury last year of one count of coercion and enticement, one count of possession of child pornography, and one count of receipt of child pornography. In addition to the prison term, he is required to register as a sex offender under the Sex Offender Registration Notification Act. United States District Judge Jennifer A. Dorsey presided over the jury trial and sentencing hearing.
“The defendant sent sexually explicit messages to someone he believed to be a 13-year-old girl and he kept a collection of violent child pornography," said U.S. Attorney Elieson. "Children deserve to be protected from child predators. The U.S. Attorney’s Office and our law enforcement partners are committed to the protection of the most vulnerable community members—our children.”
“I want to recognize the excellent work of the FBI Child Exploitation Task Force; a combined effort that exhibits the FBI’s commitment to our community and our partners,” said SAC Rouse. “Their actions removed this individual from the community where our children live.”
According to court documents, Pincombe posted an advertisement on Craigslist seeking an underage girl for sex. An undercover detective, posting as a 13-year-old girl, began communicating with Pincombe. Over the next two days, Pincombe exchanged sexually explicit emails and text messages with the girl. On May 2, 2014, law enforcement arrested Pincombe at a shopping center parking lot in Henderson, Nevada where he had agreed to meet the girl for a sexual encounter. During the execution of a search warrant at Pincombe’s residence, law enforcement recovered digital devices, including his personal cell phone, that contained more than 450 depictions of child pornography.
The case was investigated by the FBI, the Henderson Police Department, and the Internet Crimes Against Children Task Force. Assistant U.S. Attorneys Frank Coumou and Elham Roohani prosecuted the case.
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 and for information about internet safety education, visit www.usdoj.gov/psc.
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Former Newark Police Officer Indicted for Conspiracy to Defraud Newark Conservation and Development CorporationRead the Press Release
NEWARK, N.J. – A former Newark police officer was indicted by a federal grand jury today for allegedly conspiring to defraud the Newark Watershed Conservation and Development Corporation (NWCDC) and giving kickbacks to its former executive director, U.S. Attorney Craig Carpenito announced.
Janell Robinson, 42, of Newark, is charged with one count of conspiracy to defraud the NWCDC facilitated by use of mails and wire transmissions, two counts of mail fraud, and one count of conspiracy to commit extortion under color of official right affecting interstate commerce.
According to documents filed in this case:
Between March 2010 and May 2013, while Robinson was a Newark police officer, she controlled Protected and Secured Services LLC (P&S), a company that purported to provide security-consulting services to its only client, the NWCDC.
Between March 2010 and May 2013, Robinson allegedly conspired with Brashear to pay Brashear a stream of concealed and undisclosed kickbacks from the proceeds that P&S received from the NWCDC. In exchange for Brashear’s assistance with securing P&S a contract with the NWCDC and approving fraudulent and inflated invoices that Robinson submitted, Robinson paid Brashear approximately $3,000 each time P&S received payment from the NWCDC.
In total, the NWCDC paid P&S approximately $289,000 during the scheme, some of which Robinson used to pay Brashear as kickbacks.
The wire and mail fraud conspiracy, mail fraud, and conspiracy to commit extortion under color of official right charges each carry a maximum potential penalty of 20 years in prison and a $250,000 fine. The indictment also seeks forfeiture of the approximately $289,000 in ill-gotten gains obtained from the scheme.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, and IRS – Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen, with the investigation.
The government is represented by Assistant U.S. Attorneys Leslie F. Schwartz and Jacques S. Pierre of the U.S. Attorney’s Office Special Prosecutions Division.
The charges and allegations in the indictment are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Defense counsel: Cynthia H. Hardaway Esq.
Former Employee of U.S. Government Contractor in Afghanistan Pleads Guilty to Accepting Kickbacks from SubcontractorRead the Press Release
A former employee of a U.S. government contractor in Afghanistan pleaded guilty today to accepting illegal kickbacks from an Afghan subcontractor in return for his assistance in obtaining subcontracts on U.S. government contracts.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division; U.S. Attorney Byung J. Pak of the Northern District of Georgia; Special Agent in Charge John Khin of the Defense Criminal Investigative Service’s (DCIS) Southeast Field Office, Atlanta Resident Agency; Special Inspector General for Afghanistan Reconstruction (SIGAR) John F. Sopko; Director Frank Robey of the U.S. Army Criminal Investigation Command’s (CID) Major Procurement Fraud Unit (MPFU); Special Agent in Charge David J. LeValley of the FBI Atlanta Resident Agency and Special Agent in Charge Wendell W. Palmer of Air Force Office of Special Investigations (OSI), made the announcement.
Christopher McCray, 55, of Jonesboro, Georgia and Chattanooga, Tennessee, pleaded guilty to one count of accepting illegal kickbacks before U.S. District Judge Mark H. Cohen of the Northern District of Georgia. He is scheduled to be sentenced by Judge Cohen on June 14 at 10:00 a.m. EST. McCray was charged in an indictment filed on April 25, 2017 in the Northern District of Georgia with one count of conspiracy to accept kickbacks and 14 counts of accepting illegal kickbacks.
As part of his plea, McCray admitted that he was employed as the country manager for a subcontractor of an American company that was moving cargo for the Army and Air Force Exchange Service from Bagram Airfield to military bases through Afghanistan. When the prime contractor needed McCray’s employer to take a much bigger role in the distribution, McCray had the chance to influence the choice of the necessary Afghan trucking company as a subcontractor to his employer. McCray’s employer entered into a subcontract with an Afghan company but before the choice of the subcontractor was made, the Afghan trucking company secretly agreed to kick back to McCray 15 percent of the revenues it would receive on the contract, he admitted. McCray thereafter remained as the only representative of his employer in Afghanistan for the duration of the subcontract and was responsible for checking the accuracy of the invoices submitted to McCray’s employer and the quality of the Afghan company’s work, all while secretly receiving the kickbacks, he admitted.
McCray received the secret payments from December 2012 to May 2014. He and the Afghan trucking company also maintained a separate set of invoices, which showed the amounts charged to McCray’s employer and the amounts kept by the Afghan company and the amounts sent to McCray. McCray was first paid in cash, then by wires sent to his bank in Atlanta and then by Western Union payments sent to his mother, who would deposit the funds, mostly in cash, into McCray’s bank accounts, he admitted.
DCIS, SIGAR, Army CID-MPFU, the FBI and Air Force OSI investigated this matter. Trial Attorney James Gelber of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Brian Pearce of the Northern District of Georgia are prosecuting the case.
Former Defense Contractor Convicted of Unlawfully Retaining Classified InformationRead the Press Release
Weldon Marshall, 43, of the Dallas, Texas area, entered a plea today of guilty to one count of unlawfully retaining national defense information.
Assistant Attorney General for National Security John C. Demers and U.S. Attorney Ryan K. Patrick of the Southern District of Texas made the announcement.
From the early 2000s, Weldon Marshall unlawfully retained classified items while he served in the U.S. Navy and while working for a military contractor.
Marshall served in the U.S. Navy from approximately January 1999 to January 2004, during which time he had access to highly sensitive classified material, including documents describing U.S. nuclear command, control and communications. Those classified documents, including other highly sensitive documents classified at the secret level, were downloaded onto a compact disc labeled “My Secret TACAMO Stuff.” He later unlawfully stored the compact disc in a house he owned in Liverpool.
After he left the Navy, Marshall worked for various companies that had contracts with the U.S. Department of Defense. He worked for such a contractor until his arrest in January 2017. While employed with these companies, Marshall provided information technology services on military bases in Afghanistan, where he also had access to classified material. During his employment overseas, and particularly while he was located in Afghanistan, Marshall shipped hard drives to his Liverpool, Texas, home. The hard drives contained documents and writings classified at the secret level about ground operations in Afghanistan.
Marshall has held a top secret security clearance since approximately 2003 and a secret security clearance since approximately 2002.
U.S. District Judge George Hanks accepted Marshall’s plea today and set sentencing for May 21. Marshall faces up to 10 years in prison and a maximum $250,000 fine. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The actual sentence will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors. Marshall was permitted to remain on bond pending the sentencing hearing.
The Army’s 902d Military Intelligence Group and the FBI conducted the investigation. Trial Attorney Matthew Walczewski of the National Security Division’s Counterintelligence and Export Control Section, and Assistant U.S. Attorneys Andrew Leuchtmann and Alamdar Hamdani of the Southern District of Texas are prosecuting the case.
Former Defense Contractor Convicted of Unlawfully Retaining Classified InformationRead the Press Release
HOUSTON – A 43-year-old man residing in Sherman area has entered a plea of guilty to one count of unlawfully retaining national defense information, announced U.S. Attorney Ryan K. Patrick and Assistant Attorney General for National Security John C. Demers.
From the early 2000s, Weldon Marshall unlawfully retained classified items while he served in the U.S. Navy and while working for a military contractor.
Marshall served in the U.S. Navy from approximately January 1999 to January 2004, during which time he had access to highly sensitive classified material, including documents describing U.S. nuclear command, control and communications. Those classified documents, including other highly sensitive documents classified at the secret level, were downloaded onto a compact disc labeled “My Secret TACAMO Stuff.” He later unlawfully stored the compact disc in a house he owned in Liverpool.
After he left the Navy, Marshall worked for various companies that had contracts with the U.S. Department of Defense. He worked for such a contractor until his arrest in January 2017. While employed with these companies, Marshall provided information technology services on military bases in Afghanistan, where he also had access to classified material. During his employment overseas, and particularly while he was located in Afghanistan, Marshall shipped hard drives to his Liverpool home. The hard drives contained documents and writings classified at the secret level about ground operations in Afghanistan.
Marshall has held a top secret security clearance since approximately 2003 and a secret security clearance since approximately 2002.
U.S. District Judge George Hanks accepted Marshall’s plea today and set sentencing for May 21, 2018. At that time, he faces up to 10 years imprisonment and a maximum $250,000 fine. He was permitted to remain on bond pending that hearing.
The Army’s 902d Military Intelligence Group and the FBI conducted the investigation. Assistant U.S. Attorneys Andrew Leuchtmann and Alamdar Hamdani are prosecuting the case along with Trial Attorney Matthew Walczewski of the National Security Division’s Counterintelligence and Export Control Section.
Five Who Purchased and Sold Children for Sex in Oklahoma City Ordered to Serve Combined 38 Years in Prison and Pay over $635,000 in Restitution to VictimsRead the Press Release
OKLAHOMA CITY – Five defendants convicted of child sex trafficking were ordered to serve a combined 38 years in federal prison and pay over $635,000 in restitution to victims, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
According to court records, in October 2014, Maurice M. Johnson engaged in sex trafficking of two girls (aged 14 and 15) and an adult female. As soon as the 14-year-old girl was recruited, Johnson instructed her to start calling phone numbers from the escort section of the Yellow Pages to find Tonya Gay Gum, whom he knew as "Carmen." At the time, Gum operated at least twenty phone numbers listed in the escort section of the Oklahoma City Yellow Pages. The 14-year-old victim made contact with Gum and sent her photographs of herself and the adult female. After that, Gum began arranging commercial sex transactions between her established customer base (or new customers who called her phone lines) and the females under Johnson’s control. Johnson drove the girls to hotels, residences, and commercial spaces, where the customers paid in cash for sex. After each commercial sex transaction, Gum met the girls at different locations in the Oklahoma City metropolitan area to receive the proceeds, which Gum and Johnson split. They did not give any money to the victims they trafficked.
A federal grand jury indicted Johnson on December 3, 2014. He pleaded guilty to child sex trafficking on January 30, 2015, before U.S. District Judge Robin J. Cauthron. In August 2017, he was sentenced to 240 months in prison and five years of supervised release.
Gum and three customers who purchased sex with the children were indicted by a federal grand jury on June 16, 2015. On November 19, 2015, Gum pleaded guilty to conspiracy to commit child sex trafficking, also before Judge Cauthron. In August 2017, she was sentenced to 48 months in federal prison and three years of supervised release.
The three customers—William M. Baker, Trung N. Duong, and Curtis A. Anthony—purchased sex with the children in October 2014. Before their convictions, their cases went before the Tenth Circuit Court of Appeals, which held in February 2017 that they could be convicted of child sex trafficking even if they did not know or recklessly disregard a child victim’s age, so long as they had a "reasonable opportunity to view" the child victim.
On May 9, 2017, Duong pleaded guilty to conspiracy to commit child sex trafficking. On November 2, 2017, Baker also pleaded guilty to conspiracy to commit child sex trafficking. In August 2017, Judge Cauthron sentenced each of them to 24 months in federal prison, followed by five years of supervised release.
Anthony went to trial and was convicted by a federal jury on June 19, 2017, of both conspiracy to commit child sex trafficking and child sex trafficking. He was sentenced in October 2017 to 120 months in federal prison, to be followed by five years of supervised release.
All of these defendants will be required to register as sex offenders for 25 years after released from custody.
At the time of the sentencings, the court deferred a determination of restitution. Today Judge Cauthron amended the judgments and ordered all five defendants to pay $635,247 in restitution to victims, with each defendant jointly and severally liable for the full amount immediately. "Although the innocence of these children cannot be restored, we are pleased that the Court is holding the defendants responsible for paying for the future care and treatment caused by their crimes," said Acting U.S. Attorney Troester.
This case is the result of an investigation by United States Department of Homeland Security and the Oklahoma Bureau of Narcotics and Dangerous Drugs. Assistant U.S. Attorneys McKenzie Anderson and David Petermann prosecuted the case.