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1 March 2018
Henryetta Woman Sentenced to 60 Months Probation, $567,000 Restitution for Credit Union TheftRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Carol Lynn Been, age 60, of Henryetta, Oklahoma, was sentenced to 5 years of probation and ordered to pay restitution in the amount of $567,774.87 for Credit Union Theft, Embezzlement And Misapplication, in violation of Title 18, United States Code, Section 657. The charge arose from an investigation by the Federal Bureau of Investigation.
The Indictment alleged that from in or about 2014, the exact date unknown to the Grand Jury, until on or about June 18, 2017, in the Eastern District of Oklahoma, defendant Carol Lynn Been, being an officer, director, agent, or employee of, or connected in a capacity with, OSU-IT Federal Credit Union of Okmulgee, Oklahoma, a credit union whose deposits are insured by the National Credit Union Administration, with intent to injure and defraud the said OSU-IT Federal Credit Union of Okmulgee, Oklahoma, willfully misapplied, embezzled, abstracted, and purloined more than $1,000.00 of the moneys, funds, assets or securities entrusted to the custody or care of OSU-IT Federal Credit Union of Okmulgee, Oklahoma, in that the defendant withdrew cash from the vault of the credit union and misapplied, embezzled, abstracted and purloined the funds.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. First Assistant United States Attorney Douglas A. Horn represented the United States.
Hattiesburg Man Sentenced for Prescription Drug FraudRead the Press Release
Gulfport, Miss. – Terry O’neal Grant, 30, of Hattiesburg, was sentenced today by U.S. District Judge Sul Ozerden to 16 months in federal prison followed by one year of supervised release for two counts of prescription fraud, announced U.S. Attorney Mike Hurst and Drug Enforcement Administration (DEA) Special Agent in Charge Stephen G. Azzam. Grant was also ordered to pay a $3,000 fine.
On October 18, 2017, Grant pled guilty to providing a fraudulent prescription for 120 dosage units of oxycodone on November 10, 2015, in his mother’s name, to John’s Discount Pharmacy in Lamar County. He brought the prescription to the pharmacy and picked it up. Grant also pled guilty to providing the Target CVS Pharmacy in Lamar County with another fraudulent prescription on November 16, 2015, in his sister’s name, for 120 dosage units of oxycodone. He admitted to asking an employee of Gulf Oaks Mental Health Clinic to write the fraudulent prescriptions. At his request, Grant had numerous other individuals obtain prescriptions for him. Eleven other individuals were indicted with Grant, and ten of them have since pled guilty.
In 2017, Grant was also on federal probation for a previous sentence. He was revoked by Judge Keith Starrett on August 15, 2017, for his arrest involving the prescription fraud case. He was sentenced to 37 months imprisonment and 3 years of supervised release. The sentence imposed by Judge Ozerden will run consecutive to the sentence imposed by Judge Starrett.
The case was investigated by the DEA Tactical Diversion Squad and Mississippi Bureau of Narcotics. It was prosecuted by Assistant U.S. Attorney Kathlyn R. Van Buskirk.
Hamden Man Who Distributed Fentanyl Disguised as Oxycodone Sentenced to PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that AGUSTIN CIRINO, 30, of Hamden, was sentenced today by Chief U.S. District Judge Janet C. Hall in New Haven to 12 months and one day of imprisonment, followed by three years of supervised release, for distributing fentanyl disguised as oxycodone. Chief Judge Hall also ordered CIRINO to perform 200 hours of community service.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, on March 9, 2017, the Hamden Police Department and emergency medical personnel responded to a Hamden residence where a 30-year-old male was found deceased. At the scene, investigators seized drug and non-drug evidence, including three suspected oxycodone tablets and the victim’s cellphone. The investigation revealed that the victim arranged to purchase oxycodone tablets from CIRINO on March 7 and March 8.
The DEA Northeast Laboratory subsequently determined that the seized tablets contained fentanyl, acetaminophen and dipyrone, not oxycodone. The Office of the Chief Medical Examiner also determined that the victim died as a result of “acute fentanyl toxicity, clonazepam, duloxetine use.”
CIRINO was arrested on May 9, 2017. On November 16, he pleaded guilty to one count of possession with intent to distribute, and distribution of fentanyl.
This matter was investigated by the Drug Enforcement Administration’s New Haven Task Force and the Hamden Police Department. The case was prosecuted by Assistant U.S. Attorney Brian P. Leaming.
Gastonia Man Charged in Series of Car Break-Ins at Pisgah National Forest Is Sentenced to Three YearsRead the Press Release
ASHEVILLE, N.C. – U.S. District Judge Martin Reidinger sentenced David Duane Banchetto, 43, of Gastonia, N.C., to 36 months in prison and three years of supervised release for his role in a series of car break-ins at Pisgah National Forest, announced R. Andrew Murray, United States Attorney for the Western District of North Carolina. Banchetto was also ordered to pay restitution to all the victims for the costs of the vehicle repairs and for the value of the property that was stolen.
Greg Wiest, Acting Special Agent in Charge of ICE/Homeland Security Investigations (HSI) in Georgia and the Carolinas and Sheriff David A. Mahoney of the Transylvania County Sheriff’s Office join U.S. Attorney Murray in making today’s announcement.
According to court documents and today’s sentencing hearing, Banchetto and co-defendants, Elija Antwon Hope, Heather Nicole Postell, Montzerrath Tello-Aguilar and Kaleb Alexander Weaver engaged in a scheme to break into cars at Pisgah National Forest, to steal credit cards, debit cards and other items from vehicles parked in the area. Court records show that on June 29, 2017, law enforcement began to receive reports of multiple vehicle break-ins in that area. In the days that followed, at least five vehicle breaking and entering cases had been reported. Over the course of the investigation, law enforcement recovered surveillance videos and pictures from local businesses where the stolen credit/debit cards had been used. On July 16, 2017, law enforcement arrested the five co-conspirators after a suspicious vehicle was reported in an area of Pisgah National Forest. According to court records, law enforcement determined that Banchetto was the person responsible for breaking out the windows of the vehicles from which the items were stolen. On November 22, 2017, Banchetto pleaded guilty to destruction of property on national lands.
Tello-Aquilar was previously sentenced to six months in prison and two years of supervised release. The remaining three co-defendants, Hope, Postell and Weaver, are currently awaiting sentencing.
In announcing today’s sentence Judge Reidinger referred to the national forests and parks of the Western District of North Carolina as “national treasure” and property of all citizens, noting that these types of crimes deter people from coming and enjoying them.
The Transylvania Sheriff’s Office and HSI led the investigation.
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In a separate case, Judge Reidinger also sentenced today Mack Blaine Whittle, 32, of Anderson, S.C., to 33 months in prison and three years of supervised release for a series of car break-ins at Pisgah National Forest and the Blue Ridge Parkway in June 2017. Whittle was also ordered to pay restitution to the victims for the costs of the vehicle repairs and for the value of the property he stole. According to court records, Whittle broke into parked vehicles, stealing cash, debit cards and other items, including a firearm. Over the course of the investigation, law enforcement determined that Whittle had attempted to pawn unsuccessfully some of the stolen items, including the firearm. Law enforcement also determined that Whittle had a prior conviction and was prohibited from possessing a firearm. Whittle’s co-defendant, Lisha Nicole Minor, admitted that she had been with Whittle when the vehicle break-ins occurred, and that she had been using her cell phone to look up the values of some of the stolen items. She was also sentenced today to 14 months in prison and three years of supervised release.
U.S. Attorney Murray thanked the U.S. Forest Service, the Transylvania County Sheriff’s Office and the Brevard Police Department for their investigation of the case.
Assistant United States Attorney Richard Edwards, of the U.S. Attorney’s Office in Asheville, prosecuted both cases.
Garner Man Sentenced to More Than 10 Years for Narcotics and Firearm OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, Senior United States District Judge W. Earl Britt sentenced TRAVEON SHAQUILLE MARTIN, 24, of Garner to 130 months of imprisonment followed by 3 years of supervised release.
MARTIN was named in a four-count Indictment filed on August 2, 2017. On October 30, 2017, MARTIN subsequently pled guilty to Distribution of a Quantity of Cocaine Base and Aiding and Abetting; Distribution of a Quantity of Cocaine Base; Felon in Possession of a Firearm; and Possession of a Stolen Firearm.
On October 25, 2016, Raleigh Police Department (RPD) officers utilized a confidential informant (CI) to make a controlled purchase of cocaine base (crack) at the New Bern Mart on New Bern Avenue in Raleigh. The CI, who was equipped with audio and video recording equipment, parked his/her vehicle in the parking lot and was approached by a male, who asked the CI what he wanted. The CI requested $40 worth of crack, at which time the man walked away and retrieved the crack from a second male, later identified as MARTIN, who was sitting in a vehicle. The man then provided 0.3 gram of crack to the CI. MARTIN subsequently spoke with the CI and identified himself as “Trigger,” provided the CI with his telephone number, and told the CI to call him next time.
On April 18, 2017, RPD officers observed MARTIN walking down New Bern Avenue in Raleigh, and knew him to have outstanding warrants for his arrest (unrelated to this case). When MARTIN observed the officers approaching, he attempted to flee on foot, but was pushed to the ground by an officer. Before that officer was able to make the arrest, MARTIN stood up and took a fighting posture. MARTIN and the officer engaged in a lengthy struggle while a second officer attempted to assist. MARTIN struck the second officer in the neck, causing a laceration and a contusion to the officer’s neck. During the fight, MARTIN attempted to bring his hands to the front of his waistband several times, and officers believed he was attempting to gain access to a weapon based upon the level of resistance and determination MARTIN was displaying. Eventually, the first officer was able to take MARTIN to the ground, at which time the second officer tasered MARTIN. MARTIN was then placed under arrest. Officers recovered a stolen .38 caliber revolver from MARTIN’S front waistband. The firearm was loaded with five .38 caliber bullets. Officers also recovered 10 dosage units (2 grams) of crack and $173 in United States currency from MARTIN’S pants pocket.
The following information was introduced in the hearing by the government to request an enhancement of MARTIN’S sentence. On November 27, 2017, while awaiting sentencing for this case at the Brunswick County Jail, MARTIN was charged with felony Assault Inflicting Physical Injury of a Law Enforcement, Probation, or Parole Officer and misdemeanor Assault on a Government Official or Employee, and Simple Assault. On November 21, 2017, an officer at the Brunswick County Jail was passing out food trays to inmates when MARTIN slapped a tray out of the officer's hands. A verbal altercation between the officer and MARTIN ensued, at which time MARTIN struck the officer several times with a closed fist about the face and head, knocking him to the floor. MARTIN continued to attack the officer while the officer was on the ground and attempting to escape. Another inmate attempted to help the officer when a third inmate intervened and assaulted the inmate who was attempting to help, which allowed MARTIN to continue his attack on the officer. Several inmates then engaged in physical altercations while additional officers responded and eventually separated the inmates. The officer reported that he lost consciousness during the attack. The officer was transported to the hospital for treatment. The officer suffered cuts and abrasions about his face, neck, and mouth, and a gash on his head which required stitches. The incident was captured on video which was shown during the sentencing hearing.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The Raleigh Police Department and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) conducted the criminal investigation of this case. Assistant United States Attorney Jane J. Jackson handled the prosecution of this case for the government.
Fugitive in Bank Fraud Scheme ApprehendedRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – Loren Park, a/k/a “Loren Yong Park,” age 50, formerly of Falls Church, Virginia was arrested on February 22, 2018 in South Korea and extradited to Maryland to face charges relating to bank fraud.
In 2011, a federal grand jury indicted Park and his brother Yong Park, of Falls Church, Virginia and Nick Park, of McLean, Virginia on charges of conspiring to commit bank fraud in connection with a scheme to fraudulently obtain business loans guaranteed by the Small Business Administration, with resulting losses of over $100 million.
The arrest was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation; U.S. Marshal for the District of Maryland Johnny Hughes; and Small Business Administration Acting Inspector General Hannibal “Mike” Ware.
According to the 2011 superseding indictment, the Park brothers owned Jade Capital & Investments, LLC. Jade Capital was a loan brokerage company operated by Joon and Loren Park and specializing in securing loans for individuals interested in purchasing or refinancing small businesses in the Mid-Atlantic area. According to the 2011 indictment, Joon, Loren and Nick Park encouraged prospective borrowers using the services of Jade Capital to apply for business loans through the SBA’s Section 7(a) program, which guaranteed 75% - 90% of qualified loans made by banks and other commercial lending institutions. Under this program, the principals of the small business seeking the loan were required to invest a certain amount of their own money, called an equity injection, before they qualified for a loan. The banks and other lending institutions making the loan bore the risk of payment default only up to the percentage of the loan not guaranteed by the SBA.
The indictment alleges that from February 2005 until October 2011, Joon, Loren, and Nick Park submitted SBA loan applications and supporting documentation to loan originators and underwriters on behalf of their clients. The indictment alleges that the packages contained fraudulent personal financial statements and/or monthly bank statements which overstated the net worth and equity injection of the borrowers and falsely enhanced the creditworthiness of the borrowers and their businesses.
The indictment alleges that Joon and Loren Park altered copies of the borrowers’ monthly bank statements to fraudulently reflect more money than was actually in the accounts; created false bank statements for accounts that did not exist; and provided some of the financial institutions with misleading summaries of the borrowers’ business experience in order to falsely enhance the borrowers’ ability to manage the business and make the required loan payment.
The indictment further alleges that Joon, Loren and Nick Park and Jade Capital supplied some financial institutions with fraudulent gift letters falsely representing the source of the borrowers’ down payments and equity injections. Also according to the indictment, Joon Park, Loren Park and Jade Capital submitted financial documentation to lenders that misrepresented the equity injection of the principal owners of 51 businesses that had applied for SBA-guaranteed loans. In addition, the defendants charged a loan brokerage fee to both the financial institutions and the borrowers for assembling and submitting loan application packages that resulted in the issuance of SBA-guaranteed loans.
The indictment alleges that Joon Park submitted fraudulent documentation, including a personal financial statement and monthly bank statements in connection with an SBA loan application for a car wash business in which he was the principal owner.
Parks co-conspirators all pleaded guilty and were sentenced to the following:
Joon Park was sentenced to 188 months in prison; Nick Park was sentenced to 33 months in prison; Joo Hyuk “John” Lee was sentenced to three years in prison; Sang Hyun Kim was sentenced to three years in prison; In Jung Ham was sentenced to a year and a day in prison; and Seung E. Oh, a/k/a Sandy Oh was sentenced to 51 months in prison.
Park faces a maximum sentence of 30 years in prison for the conspiracy. Park remains detained.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
Acting United States Attorney Stephen M. Schenning commended the FBI, U.S. Marshals and SBA for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Marty Clarke and Leo Wise, who are prosecuting the case.
Four from Toledo area indicted for creating false IDs; prosecutors seek to forfeit $5.4 million in illegal profitsRead the Press Release
A federal grand jury returned four-count indictment charging four people from the Toledo area with production of false identification document, transfer of false identification documents, and possession of document-making implements and authentication features, said U.S Attorney Justin E. Herdman.
Charged in the indictment are: Mark Alex Simon, 34; Sarah Alberts, 34; Aaron Kuns, 33, and Benjamin Stalets, 28. Alberts is from Perrysburg, the others are from Toledo.
The defendants created and transferred documents which appeared to drivers’ licenses and personal identification cards issued by the states of Ohio, Michigan and Utah. This took place between June 2013 and February 2018, according to the indictment.
Prosecutors are seeking to forfeit more than 500 bitcoins with an estimated value of $5.1 million, approximately $8,603 in cash and gold and silver coins and bars with an estimated value of $265,299 that were seized as part of the investigation, according to the indictment.
This case is the result of partnership between the Lucas County Prosecutor’s Office and United States Attorney’s Office. Assistant United States Attorneys Noah P. Hood and Robert W. Kern are prosecuting the case following an investigation by the Ohio Department of Public Safety-Ohio Investigative Unit, United States Secret Service, and Wood County Prosecutor's Office.
If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ role in the offenses, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Four People Indicted for Defrauding Social Security Benefit ProgramsRead the Press Release
LEXINGTON, Ky. – A federal grand jury returned three indictments today charging four individuals with defrauding the Social Security Administration (SSA).
The grand jury returned an indictment charging 47-year-old David Kuenstner and 46-year-old Roxanne Russ with one count of conspiring to defraud the United States, one count of theft of public funds, and three counts of making false statements to the SSA. The indictment alleges that Kuenstner and Russ repeatedly lied to the SSA about the living arrangements of Kuenstner’s son, in order to collect Supplemental Security Income (SSI) on the son’s behalf. Kuenstner and Russ used the SSI benefits to fund their own lifestyles.
The grand jury also returned an indictment charging 53-year-old Robert Olin with one count of theft of public funds, one count of SSA Fraud, and one count of falsifying and concealing a material fact in connection with a health care benefit program. The indictment alleges that Olin intentionally concealed that he was receiving payments from his deceased mother’s estate in order to continue to receive Supplemental Security Disability Income benefits. As a result of concealing this information, the indictment also alleges, Olin received Kentucky Medicaid benefits to which he was not entitled.
The grand jury returned an indictment charging 35-year-old Tabitha Chapman with one count of theft of public funds and one count of SSA Fraud. The indictment alleges that Chapman lied to the SSA about the custody and support arrangements regarding her minor child, in order to collect SSA Survivor’s Representative Payments on the child’s behalf.
Robert M. Duncan, Jr., U.S. Attorney for the Eastern District of Kentucky, and Margaret Moore-Jackson, Special Agent in Charge, Social Security Administration, Office of Inspector General, Atlanta Field Division, jointly announced the indictments. The Office of Inspector General conducted the investigation preceding each indictment.
Dates for each of the defendants to appear in court have not yet been set. If convicted, the defendants face up to five years in prison for each of the conspiracy, SSA fraud, and false statement charges, and up to ten years in prison for the theft of public funds. However, any sentence following a conviction would be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statutes.
An indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial, at which the government must prove guilt beyond a reasonable doubt.
Fort Wayne Man ChargedRead the Press Release
FORT WAYNE – Steven Gagnon, 55, of Fort Wayne, Indiana was indicted for being a felon in possession of a firearm.
According to documents in this case, Gagnon was arrested after allegedly selling a weapon and discussing the sale of other weapons to a confidential informant (CI). He allegedly sold the CI a shotgun, ammunition and accessories for $600. During the transaction, he discussed the sale of other firearms and ammunition, which were subsequently seized by law enforcement during the execution of a search warrant. The weapons seized included a model 770, .300 caliber rifle; a model FNAR, .308 rifle; a model 20, .22 caliber rifle; and model M70A, 9mm handgun. The FNAR was listed in the complaint as an AR-10 military style rifle which had 10 boxes of ammunition, 3 high capacity magazines and 1 10-round magazine which were all loaded. There were also over 36 boxes of various ammunition and various reloading equipment found during the search. Gagnon was convicted of a felony offense in December of 2015 in Allen County Superior Court.
U.S. Attorney Kirsch, “My office will continue to aggressively prosecute violations of federal firearms laws. Felons cannot possess firearms. This law is simple and straightforward. When felons do possess firearms, they will be prosecuted to fullest extent permitted by law.”
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the Bureau of Alcohol Tobacco Firearms and Explosives, the Indiana State Police and the Auburn Police Department and is being handled by Assistant U.S. Attorney Anthony W. Geller.
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Former Utah CEO Sentenced to Prison for Tax EvasionRead the Press Release
SALT LAKE CITY – A former CEO of a Salt Lake City, Utah, company was sentenced Wednesday afternoon to 12 months and 1 day in prison for tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney John W. Huber for the District of Utah.
Peter Nordberg, 62, of Alameda, California, pleaded guilty in September 2017 to tax evasion. According to court documents, Nordberg was the Chief Executive Officer of Max International, a company that produces and markets nutritional supplements directly and through independent associates and distributors. As an employee of Max International, Nordberg earned a salary and commissions equal to a percentage of sales. Nordberg caused Max International to pay his bonus income to a nominee entity he established, and used a bank account in the name of the nominee entity to pay personal expenses. Nordberg concealed the bonus income and nominee entity from his return preparer and filed false tax returns with the Internal Revenue Service (IRS) that underreported his income. Nordberg’s conduct caused a tax loss of approximately $275,000.
In addition to the term of prison imposed, U.S. District Court Judge Dee Benson ordered Nordberg to serve 1 year of supervised release and to pay $354,770 in restitution to the United States Treasury.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Huber thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorney Matthew Hoffman and Assistant U.S. Attorney Ruth Hackford-Peer, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Former Palmyra Man Pleads Guilty and is Sentenced to Time Served and 30 days for Failing to Register as a Sex OffenderRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Bradley Flowers, 40, formerly of Palmyra, Maine, pleaded guilty today in U.S. District Court for failing to register as a sex offender and was sentenced by Judge John A. Woodcock, Jr. to time served (about 28 months) plus 30 days, and 5 years of supervised release, the first six months of which will be in community confinement.
According to court records, the defendant was required to register as a sex offender for life following a 2006 Maine conviction for unlawful sexual contact. Between July 2007 and June 2014, the defendant registered with the Maine Sex Offender Registry, as required. In about September 2014, the defendant moved to Colorado, but did not register in Colorado. Thereafter, he lived in Ohio and Arizona, but did not register there, or in any other state. On October 20, 2015, the defendant was arrested in Arizona and has been in custody since that time.
In imposing sentence, Judge Woodcock noted that some of the defendant’s criminal history was “disturbing” and that, at times in the past, the defendant had been a “violent and dangerous” individual.
The investigation was conducted by the U.S. Marshals Service and the Maine Violent Offender Task Force and brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Child Exploitation and Obscenity Section of the Department of Justice, 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.
Former NYPD Deputy Chief Pleads Guilty to Illegally Diverting Police ResourcesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today the guilty plea of MICHAEL HARRINGTON for misapplying police resources while serving in the New York City Police Department (“NYPD”) as, among other things, a Deputy Chief and former Executive Officer for the Chief of Department’s Office. Specifically, HARRINGTON diverted those resources – including dispatching police officers and diverting land, sea, and air vehicles intended for the NYPD’s public service usage – for the personal benefit of Jeremy Reichberg, a private citizen, his friends, and their associates. HARRINGTON pled guilty before U.S. District Judge Gregory H. Woods to misapplication and conversion of property belonging to a program or organization receiving federal funds.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Michael Harrington, a former high-ranking officer in the NYPD, occupied powerful positions within the department, from which he controlled officers and resources meant to keep New York safe. But as he admitted today, Harrington allowed those resources to be used for the benefit of well-connected private citizens. We will continue to work with our law enforcement partners to fight this type of corruption.”
Reichberg and an additional co-defendant, former NYPD Deputy Inspector James Grant, continue to face honest services fraud, bribery, and conspiracy charges related to an alleged scheme in which Reichberg and another individual provided luxurious benefits to high-ranking members of the NYPD, including Grant, so as to be able to call upon those members for police-related assistance for themselves and their associates as opportunities arose. Reichberg and Grant are scheduled to go to trial before Judge Woods on April 30, 2018.
According to the Superseding Information, Indictment, and Complaint filed in this case, and statements made during the plea proceeding:
HARRINGTON was previously an Inspector in Brooklyn North and, beginning around November 2013, the Executive Officer in the NYPD’s Chief of Department’s Office, which is responsible for overseeing all of the Department’s uniformed operations. After November 2014, HARRINGTON was a Deputy Chief assigned to the NYPD’s Housing Bureau. Between 2011 and June 2016, HARRINGTON diverted police resources for the benefit of Reichberg and his associates, including another individual, Jona Rechnitz, who has pled guilty and is now cooperating with the Government. Among other things, HARRINGTON helped Reichberg and his associates get police escorts for non-police purposes, use a helicopter for a flyover at a private event, sent officers to resolve private, civil disputes, and secured the use of a police boat for private boat rides at another private event.
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HARRINGTON, 52, of Staten Island, New York, pled guilty to one count of misapplication concerning a program receiving federal funds. The charge carries a maximum term of 10 years in prison. HARRINGTON is scheduled to be sentenced by Judge Woods on June 11, 2018. The maximum potential penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation and the New York City Police Department, Internal Affairs Division.
This case is being handled by the Office’s Public Corruption Unit. Assistant United States Attorneys Martin S. Bell, Jessica Lonergan, and Kimberly J. Ravener are in charge of the prosecution.
Former Maryland State Delegate and Deputy Majority Whip of the Maryland House of Delegates Convicted of Bribery and ConspiracyRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – A federal jury has convicted former Maryland State Delegate Michael Lynn Vaughn, age 60, of Bowie, Maryland, of bribery and conspiracy in connection with a scheme in which he accepted bribes in exchange for influencing the performance of his official duties.
The conviction was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Acting Special Agent in Charge Kimberly Lappin of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; and Chief Henry P. Stawinski III of the Prince George’s County Police Department.
Vaughn was a Maryland State Delegate from January 2003 until January 2017, representing District 24, which covered portions of Prince George’s County, Maryland, and was the Deputy Majority Whip and a senior member of the Economic Matters Committee.
According to evidence presented at trial, from January 2015 through April 2016, then-Delegate Vaughn conspired with former Prince George’s County Liquor Board Commissioner and later, Chief Liquor Inspector, David Dae Sok Son, liquor store owners Young Jung Paig, Shin Ja Lee, and others to advance and vote for favorable legislation in exchange for cash payments.
According to evidence presented at trial, Vaughn took over $15,000 in cash bribes from Paig, Lee, and others, in exchange for influencing and voting for the 2015 Sunday Sales Bill and the related 2016 Additional Sunday Permits Bill, both of which became Maryland laws. The 2015 Sunday Sales Bill established up to 100 Sunday liquor sales permits in Prince George’s County for certain license holders. The 2016 Additional Sunday Permits Bill raised the limit of Sunday liquor sales permits in Prince George’s County from 100 to 105. On at least six occasions, then-Delegate Vaughn voted in favor of the bills in the Prince George’s County Delegation meetings, in the Economic Matters Committee, and on the floor of the Maryland House of Delegates.
Vaughn faces a maximum sentence of 10 years in prison for each of four counts of bribery and five years in prison for the conspiracy count. No sentencing date has been scheduled.
Acting United States Attorney Stephen M. Schenning commended the FBI, IRS-CI, and Prince George’s County Police Department for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Thomas P. Windom and Phil Selden, who prosecuted the case, and Menaka S. Kalaskar, who assisted in the prosecution.
Former Hodgdon Man Sentenced to 40 Months for Possessing Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Anthonio Dicentes, 38, formerly of Hodgdon, Maine, and recently of Madison, Florida, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 40 months in prison and five years of supervised release for possession of child pornography. Dicentes pled guilty on September 1, 2017.
According to court records, between about June 2009 and September 2015, Dicentes possessed image files depicting child pornography that he purposefully and repeatedly downloaded from the internet, including at least one of which depicted a child under the age of 12.
The investigation was conducted by the FBI, the Maine State Police Computer Crimes Unit, and the Aroostook County Sheriff’s Office and brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Child Exploitation and Obscenity Section of the Department of Justice, 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.
Former Georgia Medical Examiner and seven others federally indicted for opioid distributionRead the Press Release
ATLANTA – Dr. Joseph L. Burton, a former county medical examiner and forensic pathologist, has been indicted along with seven other individuals by a federal grand jury on charges of illegal distribution of opioid painkillers and other drugs as part of Operation SCOPE (Strategically Combatting Opioids through Prosecution and Enforcement). Multiple individuals have also been arrested on charges related to the unlawful distribution of opioids prescribed by Burton.
“Burton traded away his responsibility as a licensed doctor and respected pathologist by allegedly writing unnecessary prescriptions in exchange for sex and romantic companionship,” said U.S. Attorney Byung J. “BJay” Pak. “His associates sought to profit by having those prescriptions filled, and then selling those drugs which included opioid painkillers like oxycodone. The DEA and local law enforcement have halted this unlawful distribution of opioids into our community, and we are committed to prosecuting those who sought to profit.”
“When powerful and addictive opioids are illegally prescribed or distributed, they can become weapons of mass destruction,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. Many of these dangerous substances are the catalyst behind the current opiate crises that this country is now experiencing. DEA, its many law enforcement partners and the U.S. Attorney’s office are firmly committed to extricating such criminals like Dr. Burton from perpetuating the vicious cycle of opioid addiction.”
According to U.S. Attorney Pak, the indictment, and other information presented in court: Joseph Burton, a licensed physician, operated as a consulting pathologist, meaning that he determined the medical causes of diseases and death. Federal agents began investigating him after the Georgia Drug & Narcotics Agency visited Burton in early 2017 and discovered that he was prescribing painkillers to a large number of patients despite not operating a medical clinic or regularly seeing patients. Over a roughly two-year period beginning in July 2015, Dr. Burton allegedly issued over 1,100 opioid prescriptions, which amounted to over 108,000 individuals doses, including over 66,000 30mg oxycodone pills. The indictment alleges that Burton prescribed opioids such as oxycodone, hydrocodone, and methadone, irrespective of any legitimate medical purpose and outside the normal course of professional practice, in exchange for sexual favors and romantic affection.
For example, Burton prescribed opioids to individuals without thoroughly examining them, and on occasion, without ever meeting them at all. Codefendants Jennifer Hunter, Rhonda Haugland, and Tiffany Willis each engaged in a romantic relationship with Burton in exchange for prescriptions in their names as well as the names of others. As part of the conspiracy, Hunter, Haugland, and Willis would fill their prescriptions and sell the pills, and then obtain more prescriptions from Burton for other people, who paid them for getting the prescriptions.
Burton and the seven other individuals are charged in the federal indictment with conspiring to distribute and dispense controlled substances—outside of the normal course of professional practice and without a legitimate medical purpose—from July 2015 to February 2018. Burton is also charged with ten individual counts of illegal drug distribution for specific prescriptions. Six of Burton’s alleged conspirators were also charged in several of these counts. Burton was previously arrested on October 11, 2017, on a federal criminal complaint and indicted on a narrower set of charges.
The following individuals are charged in this superseding indictment:
- Joseph Lawson Burton, 76, of Milton, Georgia,
- Jennifer Hunter, 29, of Acworth, Georgia,
- Tiffany Willis, 26, of Cartersville, Georgia,
- Rhonda Haugland, 59, of Flowery Branch, Georgia,
- Michelle Danner, 45, of Acworth, Georgia,
- Cheryl Truelove, 50, of Hiram, Georgia,
- Jerry Stephens, Jr., 29, of Cartersville, Georgia, and
Rodney Kennedy, 63, of Cartersville, Georgia.
Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the DEA. The case is part of a coordinated effort with the Acworth Police Department, Barrow County Sheriff’s Office, Bartow County District Attorney’s Office, Bartow County Sheriff’s Office, Cartersville Police Department, Cherokee County Sheriff’s Office, Cherokee County District Attorney’s Office, Clayton County Police Department, Cobb County Sheriff’s Office, Cobb County District Attorney’s Office, Cobb County Police Department, Fayette County Sheriff’s Office, Floyd County District Attorney’s Office, Floyd County Sheriff’s Office, Georgia Department of Community Supervision, Georgia Composite Medical Board, Georgia Drugs and Narcotics Agency, Gwinnett County Sheriff’s Office, Hall County Sheriff’s Office, Jonesboro Police Department, Oakwood Police Department, Paulding County Sheriff’s Office, and the Rome Police Department.
Assistant U.S. Attorneys John T. DeGenova and C. Brock Brockington are prosecuting the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov. Citizens can also contact the Georgia Crisis and Access Line at 1-800-715-4225.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
Former Connecticut Resident Who Illegally Transported Protected Wildlife is SentencedRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that WILLIAM CARL BARTLETT, 66, of Eastpoint, Florida, formerly of Cheshire, Connecticut, was sentenced today by U.S. Magistrate Judge William I. Garfinkel in Bridgeport to three years of probation for illegally transporting protected wildlife. Judge Garfinkel also ordered BARTLETT to pay a $5,000 fine and perform 300 hours of community service.
According to court documents and statements made in court, BARTLETT is a snake and reptile collector. In July 2012, BARTLETT shipped via overnight mail courier 10 Outer Banks kingsnakes from Connecticut to an individual in Emporium, Pennsylvania. Prior to that date, BARTLETT collected a male and female kingsnake from the Outer Banks in violation of North Carolina law. In North Carolina, the Outer Banks kingsnake is designated as a species of special concern. BARTLETT then bred the snakes in Connecticut.
Between April 29 and May 13, 2015, BARTLETT transported five Coastal Plain milk snakes from the Chesapeake Forest and the Pocomoke River State Forest in Worcester County, Maryland, to his home in Connecticut. The snakes were collected in violation of Maryland law.
In May 2016, BARTLETT illegally collected four protected snakes and four lizards from the Pocomoke River State Forest, but was stopped by law enforcement before he could transport them to Connecticut.
On December 6, 2017, BARTLETT pleaded guilty to two counts of illegally transporting protected wildlife.
This matter was investigated by the U.S. Fish and Wildlife Service’s Office of Law Enforcement and the Maryland Natural Resources Police.
BARTLETT is the fourth person prosecuted as part of “Operation Kingsnake,” a U.S. Fish and Wildlife investigation into individuals who trafficked hundreds of illegally collected snakes from 12 states, including Connecticut, and Canada.
This case was prosecuted by Assistant U.S. Attorney Hal Chen.
Florida Man Pleads Guilty to Federal Conspiracy and Bank Fraud Charges in New Mexico Arising Out of Mail Theft SchemeRead the Press Release
ALBUQUERQUE – Hector Lau, 21, of Miami, Fla., pled guilty today in federal court in Albuquerque, N.M., to conspiracy and bank fraud charges arising out of a scheme to steal mail from U.S. Postal Service (USPS) mail collection boxes at U.S. Post Offices in the Albuquerque area in July and Aug. 2017.
U.S. Postal Inspectors arrested Lau and co-defendants Jorge R. Cabrera, 20, Yarelys Marquez, 19, and Fernando Cairo-Rosell, 29, all of Albuquerque, on Aug. 30, 2017, based on criminal complaints charging them with theft of mail and bank fraud charges. The criminal complaints alleged that in July and Aug. 2017, mail collection boxes at USPS stations in Albuquerque repeatedly were broken into and mail was stolen. The U.S. Postal Inspection Service initiated an investigation into the scheme after receiving complaints that checks deposited in the mail collection boxes had been stolen, altered and deposited into accounts held by the defendants.
The four defendants subsequently were charged with conspiracy and nine counts of bank fraud in a ten-count indictment, which was filed on Sept. 21, 2017. According to the indictment, the four defendants participated in a conspiracy to commit bank fraud that began in July 2017 and continued until Aug. 2017, and operated in Bernalillo County, N.M. The indictment also charges the four defendants with committing bank fraud against four credit unions that maintain branches in Albuquerque. The indictment charged the defendants with conspiracy to commit bank fraud by stealing checks that had been deposited in U.S. mail depositories, altering the checks, and attempting to pass the checks off as legitimate to banking institutions. It alleged that as part of their bank fraud scheme, the defendants deposited checks, which had been altered to make them payable to members of their conspiracy and in amounts ranging from $500 to $4,754, into bank accounts held by members of the conspiracy.
During today’s proceedings, Lau pled guilty to conspiracy and five counts of bank fraud under a plea agreement with the U.S. Attorney’s Office. In entering the guilty plea, Lau admitted that from July 10, 2017 through Aug. 9, 2017, he conspired with others to deposit altered checks, which he knew had been stolen from mailboxes throughout Albuquerque, into checking accounts held by Lau and a co-defendant. Lau further admitted that on July 14, 2017, July 16, 2017, and July 24, 2017, his co-defendants deposited stolen checks with terms re-written into Lau’s checking account without the owner’s permission. Lau also admitted that on July 28, 2017, he deposed a stolen check into a co-defendant’s checking account without the owner’s permission. According to the plea agreement, the stolen checks deposited into Lau’s account totaled $6,932.04.
Lau’s three co-defendants previously have entered guilty pleas. Cairo-Rosell pled guilty on Dec. 4, 2017, and was sentenced on Feb. 21, 2018. Cabrera pled guilty on Feb. 15, 2018, and Marquez pled guilty on Jan. 10, 2018.
At sentencing, Lau, Cabrera, and Marquez each face a maximum penalty of 30 years in federal prison. Sentencing hearings have yet to be scheduled.
This case was investigated by the Albuquerque office of the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Shaheen P. Torgoley.
Final Defendant in Attempted Robbery of Delivery Van Sentenced to 5+ Years in PrisonRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 68 months imprisonment and five years supervised release on his convictions for attempted robbery and brandishing a firearm during a crime of violence, United States Attorney Scott W. Brady announced today.
United States District Judge Mark R. Hornak imposed the sentence Tuesday on David Lipinski, 37.
According to information presented to the court, on April 27, 2016, Lipinski and his codefendants, Raymond Denson and Anthony Bailey, attempted to rob a van making a delivery of pharmaceutical drugs to the Giant Eagle in Gibsonia. A firearm was brandished by Lipinski while he and Bailey tried unsuccessfully to force the driver back into the van. Lipinski and the others then aborted the robbery attempt.
Assistant United States Attorney Stephen R. Kaufman prosecuted this case on behalf of the government.
United States Attorney Brady commended the Bureau of Alcohol, Firearms, Tobacco and Explosives and the Northern Regional Police Department for the investigation leading to the conviction of Lipinski. The case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. The efforts of PSN led to the successful prosecution of Lipinski.
Felon Who Shot at Police Officers and Killed Police Dog Sentenced to 10 Years in Federal PrisonRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that Almando Abarca, 26, of Palmer, was sentenced yesterday by Chief U.S. District Judge Timothy M. Burgess, to serve 10 years in federal prison for being a felon in possession of a firearm.
Abarca was already a convicted felon (Burglary in the Second Degree) in September 2016 when he was involved in an incident where he fled from Palmer police officers at a high rate of speed in a vehicle towards Anchorage. At approximately Mile 36 of the Glenn Highway, Abarca slowed the vehicle down and jumped out with a handgun in his hand. The Palmer police officers had been joined by this time by an Alaska State Trooper and his police canine “Helo.” As he was being pursued on foot, Abarca turned and shot Helo several times and exchanged gunfire with the officers. The officers returned fire at Abarca and were able to wound and disable him. Abarca was then found in possession of a .40 caliber semi-automatic handgun. The officers were unhurt, but Helo later died from the gunshot injuries inflicted by Abarca.
Abarca was indicted by a federal grand jury in October 2016 for being a felon in possession of a firearm. He was separately charged by a state grand jury that same month with two counts of attempted murder, two counts of assault, and one count of felony destruction of a police dog. Abarca plead guilty to the federal charge in October 2017, but proceeded to trial on the state charges in late January 2018. He was convicted by a state trial jury on all counts, and is awaiting sentencing on the state convictions.
In imposing the 10-year sentence on Abarca, Judge Burgess noted that the sentence was the statutory maximum sentence which he could impose and that the applicable federal sentencing guidelines actually called for a much higher sentence. Judge Burgess told Abarca that he was “lucky to be alive and lucky that the court was limited as to the sentence which it could impose”.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Palmer Police Department, and the Alaska State Troopers. This case was prosecuted by Assistant U.S. Attorney Joseph Bottini.
Eleven Members of Lakeland Drug Trafficking Organization Charged with Causing Four Overdose Deaths, an Overdose Resulting in Serious Bodily Injury, and Associated Heroin and Fentanyl TraffickingRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces the unsealing of a 10-count superseding indictment charging 11 individuals with conspiracy to distribute more than one kilogram of heroin, 400 grams of fentanyl, and 100 grams of a fentanyl analogue, the distribution of which resulted in four deaths and serious bodily injury to a victim. Hasan Pearson, a/k/a “Julio,” a/k/a “Hoov” (35, Lakeland); Salik Stevens, a/k/a “Carlito,” a/k/a “Dough” (35, Lakeland); William Jones, a/k/a “Book” (38, Mulberry); Dominic Matthews, a/k/a “Gargamel” (30, Lakeland); Ladarius Oglesby, a/k/a “Hitta” (23, Lakeland); Naboris Lampkin, a/k/a “Beezy” (32, Lakeland); Jeminine Poe (37, Lakeland); Prince Grant (36, Lakeland); Justin Lee Martin (33, Lakeland); John Evit Brown (51, Lakeland); and Dalyshia Dexter (27, Lakeland) each face a maximum penalty of life in federal prison.
According to the indictment, from at least March 2016 through August 30, 2017, these 11 individuals were part of a conspiracy to distribute heroin, fentanyl, and fentanyl analogues in the Middle District of Florida. During the conspiracy, the distribution of these substances resulted in four deaths and serious bodily injury to another individual.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration, the Polk County Sheriff’s Office, the Lakeland Police Department, the Pasco Sheriff’s Office, the Hardee County Sheriff’s Office, and the U.S. Postal Inspection Service. It will be prosecuted by Assistant United States Attorney Dan Baeza.
Donora Man Pleads Guilty to Operating a Cocaine Stash House for Drug Trafficking OrganizationRead the Press Release
PITTSBURGH – A resident of Donora, Pennsylvania, pleaded guilty in federal court to a narcotics charge, United States Attorney Scott W. Brady announced today.
Anthony Davis, 41, pleaded guilty to one count of possession with intent to distribute cocaine before United States District Judge Mark Hornak.
In connection with the guilty plea, the court was advised that from approximately April 2017 to December 2017, Anthony Davis operated a cocaine "stash house" for the Mendoza/Lightfoot Drug Trafficking Organization. Davis stored large amounts of cocaine and marijuana, along with drug production and distribution materials, at his personal home in Donora. Davis ran this operation with alleged Mendoza/Lightfoot DTO member and co-defendant Brandon Thomas.
On December 13, 2017, FBI Special Agents, Task Force Officers, as well as members of the Pennsylvania State Police executed a search warrant at Davis’ home. During the search, investigators recovered approximately five ounces of cocaine, large amounts of marijuana, approximately $11,025 in cash, and a large hydraulic kilo press in the basement of Davis’ home. As part of his guilty plea, Davis agreed to forfeit the items seized at his home on that day.
Judge Hornak scheduled sentencing for June 8, 2018. The law provides for a maximum sentence of up to 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior record, if any, of the defendant.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation - The Monongahela Valley Residential Agency, and the Pennsylvania State Police, with assistance from the South Strabane Police Department, the Elizabeth Borough Police Department, the Penn Hills Police Department and the Perryopolis Police Department, conducted the investigation that led to the guilty plea in this case.
Dominican National Pleads Guilty to Identity TheftRead the Press Release
BOSTON – A Dominican national pleaded guilty today in federal court in Boston to stealing the identity of a U.S. citizen from Puerto Rico.
Wilkin Pena Soto, 30, pleaded guilty to one count of passport fraud and one count of aggravated identity theft. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for June 4, 2018.
In August 2017, Pena Soto applied for a passport at an Attleboro Post Office purporting to be a U.S. citizen. On the application, he represented that the name, Social Security number, and date of birth of a Puerto Rican man were his. He supported the application with a birth certificate and Massachusetts driver’s license in the U.S. citizen’s name. Pena Soto also committed aggravated identity theft in connection with the passport application.
The charge of aggravated identity theft provides for a mandatory sentence of two years in prison, up to one year of supervised release, and a fine of up to $250,000. The charge of passport fraud provides for 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; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
Dominican National Charged with Identity TheftRead the Press Release
BOSTON – A Dominican national was charged today in federal court in Boston in connection with misusing a Social Security number and identity theft.
Jose Gonzalez Vizcaino was indicted on two counts of misuse of a Social Security number and one count of aggravated identity theft. Vizcaino was previously charged by complaint and arrested in February 2018.
According to court documents, on March 11, 2014, Vizcaino walked into a branch of the Registry of Motor Vehicles and used the name, date of birth, and Social Security number of a United States citizen from Puerto Rico to apply for a Massachusetts learner’s permit. On May 19, 2014, Vizcaino returned to the Registry of Motor Vehicles and again used the name, date of birth, and Social Security number of the United States citizen to apply for a Massachusetts driver’s license.
The charge of misuse of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of up to $250,000. The charge of aggravated identity theft provides for a mandatory two years in prison, which must run consecutive to any other imposed term of imprisonment. Vizcaino will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of the Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
Doctor Pleads Guilty in Manhattan Federal Court to Scheme to Illegally Distribute OxycodoneRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that Dr. EMMANUEL LAMBRAKIS, a state licensed doctor, pled guilty today to writing medically unnecessary prescriptions for oxycodone. LAMBRAKIS pled guilty earlier today before U.S. Magistrate Judge Gabriel W. Gorenstein, and will be sentenced before U.S. District Court Judge William H. Pauley III at a later date.
U.S. Attorney Geoffrey S. Berman said: “Dr. Emmanuel Lambrakis took a solemn oath to ‘first do no harm.’ Instead, as he admitted in federal court today, Lambrakis chose to write prescriptions for unnecessary, addictive, and possibly fatal opiates for his ‘patients.’ Today, this doctor who used his position as cover for what amounted to no more than a common drug dealing operation, faces serious prison time for his actions.”
According to allegations in a Complaint and other documents filed in federal court, as well as statements made in public court proceedings:
Oxycodone is a highly addictive, narcotic opioid that is used to treat severe and chronic pain conditions. Oxycodone prescriptions are in high demand and have significant cash value to drug dealers. In fact, oxycodone tablets can be resold on the street for thousands of dollars. For example, 30-milligram oxycodone tablets have a current street value of approximately $20 to $30 per tablet in New York City, with street prices even higher in other parts of the country. A single prescription for 120 30-milligram tablets of oxycodone can net an illicit distributor $2,400 in cash or more.
From at least approximately January 2011 until December 2016, LAMBRAKIS operated two medical clinics in Queens, New York, where LAMBRAKIS wrote numerous prescriptions for large quantities of oxycodone in exchange for cash payments. LAMBRAKIS typically charged $150 in cash for “patient visits,” and these visits often involved numerous “patients” being seen by LAMBRAKIS at the same time in the same examination room. During these “patient visits,” LAMBRAKIS would perform simple, perfunctory body manipulations (such as rotating the patient’s arm or leg) and engage in little or no conversation with the alleged “patient.” Nonetheless, LAMBRAKIS would then cause the patient to receive a prescription for a large quantity of oxycodone, most often 120 30-milligram tablets or more.
Between January 2011 and the present, LAMBRAKIS wrote thousands of oxycodone prescriptions, resulting in the distribution of more than a million oxycodone tablets, which have a street value in the tens of millions of dollars. On numerous occasions, LAMBRAKIS wrote 30 or more prescriptions for 30-milligram oxycodone pills in a single day. As a result of LAMBRAKIS’s actions, it is estimated that LAMBRAKIS collected more than $2 million in fees from his “patients.”
* * *
LAMBRAKIS, 70, of Manhattan, pled guilty to one count of conspiring to distribute and possess with intent to distribute oxycodone. This offense carries a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the DEA’s Tactical Diversion Squad, which is comprises agents and officers from the DEA, the NYPD, the New York State Police, Town of Orangetown Police Department, Rockland County Drug Task Force, Westchester County Police Department, and New York City Department of Investigation. He also acknowledged the assistance of the Department of Health & Human Services, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the New York City Human Resources Administration, and the National Insurance Crime Bureau.
The case is being prosecuted by the Office’s Narcotics Unit. Assistant U.S. Attorneys Kimberly J. Ravener and Jessica K. Fender are in charge of the prosecution.
Delevan 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 John P. Cutler, 35, of Delevan, NY, pleaded guilty, before U.S. District Judge Lawrence J. Vilardo, to receipt of child pornography following a prior conviction. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a fine of $250,000.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between July 2016 and September 26, 2016, the defendant searched for and downloaded images and videos of child pornography online. Cutler saved the child pornography on a laptop computer. A forensic examination of the computer revealed approximately 1875 images and 199 videos of child pornography. Some of the images and videos depicted prepubescent minors as well as depictions of violence against the minors.
The defendant was previously convicted in New York State court of Criminal Sexual Act in the Second Degree.
The plea is the result of an investigation by agents of the Federal Bureau of Investigation, under the direction of Kevin P. Lyons, Acting Special Agent-in-Charge, and the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb.
Sentencing is scheduled for June 11, 2018, at 10:00 a.m. before Judge Vilardo.
Dark Web Gun Trafficker from Grass Valley Indicted for Unlawful Dealing in Firearms and Possession of Unregistered FirearmsRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a nine-count indictment today against Michael Paul Grisham Smith, 44, of Grass Valley, charging him with unlawful dealing and manufacturing in firearms and unlawful possession of unregistered firearms, U.S. Attorney McGregor W. Scott announced.
According to court documents, Smith contacted a firearms vendor on the dark web seeking to sell AR-15-style “ghost” guns that have no serial number. The firearms vendor on the dark web was in fact an undercover law enforcement agent working for Homeland Security Investigations (HSI). Between December 1, 2017, and February 15, 2018, Smith manufactured and sold eight AR‑15‑style firearms without serial numbers to the undercover agent in exchange for payment in bitcoin.
This case is the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations. Assistant U.S. Attorneys Quinn Hochhalter and Justin Lee are prosecuting the case.
If convicted, Smith faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Columbia Nurse, Business Owner Pleads Guilty to Fraudulent PrescriptionsRead the Press Release
JEFFERSON CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced today that a Columbia, Mo., nurse and business owner pleaded guilty in federal court today to illegally obtaining prescription drugs.
Elisabeth Joan Trumbower, 41, of Columbia, waived her right to a grand jury and pleaded guilty before U.S. Magistrate Judge Willie J. Epps, Jr., to a federal information that charges her with obtaining a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge.
Trumbower, a registered nurse and owner of Pela Cura Anti-Aging and Wellness in Columbia, employed a radiologist identified in court documents as “M.M.” On Nov. 30, 2016, M.M. reported to the Columbia Police Department that Trumbower had forged his name and used his DEA registration number to fraudulently obtain prescriptions. M.M. told investigators that a medical colleague at the Fairview Clinic had called him concerning prescriptions for Adderall that he had allegedly written to Trumbower. M.M. told his colleague that he had never written any Adderall prescriptions.
By pleading guilty today, Trumbower admitted that she used M.M.’s prescription pad, DEA number and a forged signature to obtain prescriptions of Adderall on 25 occasions, at 10 different locations, between July and November 2016. The prescriptions were made out to Trumbower with directions to take one tablet, three times daily for cancer related fatigue.
Under federal statutes, Trumbower is subject to a sentence of up to four years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Ashley S. Turner. It was investigated by the Drug Enforcement Administration and the Columbia, Mo., Police Department.
Chula Vista Man Admits Being Source of Fentanyl that Resulted in Overdoses of Five People in AlpineRead the Press Release
Assistant U.S. Attorney Sherri Walker Hobson (619) 961-0287
NEWS RELEASE SUMMARY – March 1, 2018
SAN DIEGO – A Chula Vista man pleaded guilty in federal court today to drug crimes, admitting that the fentanyl he distributed led to the accidental non-fatal overdoses of five people in Alpine, some of whom were revived by first responders with Naloxone.
Joel Rodriguez entered his plea before U.S. Magistrate Judge Jan Adler to conspiracy to distribute fentanyl and possession of cocaine with intent to distribute.
In his plea agreement, Rodriguez admitted that he obtained fentanyl from Mexico and then delivered it to another person for distribution in San Diego. Eventually, Rodriguez’s fentanyl led to the accidental overdoses of five individuals in Alpine on or about December 7, 2017. The victims, who believed that they were using cocaine, ended up in the hospital, including two who had to be treated at the scene with Naloxone – a drug that reverses the depression of the central nervous system and respiratory system caused by opioids.
Rodriguez also admitted that he drove a vehicle containing 55 pounds of cocaine on May 17, 2017 from San Diego County to Riverside County to deliver the bulk cocaine to another person for further distribution. According to court records, on December 12, 2017, during the course of a San Diego Sheriff's Department narcotics search warrant at Rodriguez’s residence following the overdoses in Alpine, Sheriff’s deputies along with federal agents from Drug Enforcement Administration and Homeland Security Investigations found additional cocaine and fentanyl.
“I am sending the strongest warning possible to anyone who is struggling with drug addiction,” said U.S. Attorney Adam Braverman. “We have seen a dramatic surge in deaths and international trafficking activity related to fentanyl, which is 30-50 times more powerful than heroin and so dangerous that in its purest form, even a tiny amount touching the skin can be deadly. Every time you use drugs, you are playing Russian Roulette. These people who overdosed thought they were using cocaine. But there’s no way to know. You may think you’re going to get high, but you’re really going to get low, as in six feet under.”
“This was a horrendous crime that resulted in five drug overdoses in one community,” said Sheriff William Gore. “The threat of fentanyl and other drugs being sold in our communities endangers our young people and wreaks havoc in the lives of more than just those who use them. It is imperative that we continue to proactively investigate and prosecute the individuals who profit from the destruction of others.”
“Rodriguez’s guilty plea serves to remind the public of the serious dangers linked to transnational smuggling activity along the U.S/.Mexico border,” said David Shaw, Special Agent in Charge for Homeland Security Investigations (HSI) in San Diego. “HSI and our law enforcement partners will continue to investigate and bring to justice those involved in the trafficking and distribution of these deadly drugs into our communities.”
“This is exactly the kind of investigation needed in the face of our nation’s current opioid crisis,” said DEA Acting Special Agent in Charge Steve Woodland. “Targeting the sellers of this poison should send a clear message that San Diego law enforcement will not tolerate these criminals in our communities.”
Sentencing is scheduled for May 21, 2018 at 9:00 a.m. before U.S. District Court Judge Anthony J. Battaglia.
DEFENDANT Criminal Case No.18CR0164AJB
Joel Rodriguez 29 Chula Vista, California
SUMMARY OF CHARGES
Count 1: Possession of Cocaine With Intent to Distribute, in violation of 21 U.S.C. §841
Maximum penalties: 10 year minimum mandatory; life maximum; fine of $1 million; supervised release of at least 3 years.
Count 2: Conspiracy to Distribute Fentanyl, in violation of 21 U.S.C. §841 and 846
Maximum penalties: 20 years maximum; fine of $250,000; supervised release of three years.
AGENCIES
San Diego District Attorney’s Office
San Diego Sheriff’s Department
Homeland Security Investigations
U.S. Drug Enforcement Administration
Checotah Man Sentenced to 35 Months for Failure to Register as Sex OffenderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jenadiah Ray Barnes, age 39, of Checotah, Oklahoma, was sentenced to 35 months imprisonment, and 8 years supervised release for Failure To Register As Sex Offender, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3). The charge arose from an investigation by the Cherokee Nation Marshal’s Service, the McIntosh County Sherriff’s Office, the Federal Bureau of Investigation, and the U.S. Marshals Service.
The Indictment alleged that from in or about February 2017, the exact date being unknown to the Grand Jury, until on or about August 1, 2017, in the Eastern District of Oklahoma, and elsewhere, the defendant, Jenadiah Ray Barnes, a/k/a Jenediah Ray Barnes, a/k/a Jedediah Ray Barnes, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having received a felony conviction from the State of Tennessee in Wilson County on or about October 19, 1998, for the offense of Conspiracy to Commit Rape of a Child, resided in Indian Country, and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.
United States Attorney Brian J. Kuester said, “The law requires convicted sex offenders to register with the appropriate law enforcement agency. This allows law enforcement agencies to know where in their respective jurisdictions sex offenders reside. Because of a cooperative effort involving tribal, county, and federal law enforcement agencies, the defendant was located and will be held accountable for his failure to register.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Edward Snow represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
California Woman Sentenced for Distributing Pounds of Methamphetamine in Great Falls and LewistownRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced today that 50-year old Jody Dowd Wooten of Yuba City, California, was sentenced to 174 months in prison, five years of supervised release, and a $100 special assessment. U.S. District Judge Brian M. Morris presided over the hearing.
In March of 2017, the Russell Country Drug Task Force received information regarding a woman distributing methamphetamine in Great Falls, Montana. Over the next two months, the task force purchased methamphetamine from this woman, and further identified her methamphetamine supplier as the defendant, Jody Wooten.
On June 15, 2017, through additional investigation, detectives located Wooten in Lewistown, Montana. Detectives had acquired information that Wooten possessed a large amount of methamphetamine, and had recently distributed methamphetamine to various people in Great Falls and Lewistown. Officers observed Wooten driving through Lewistown and stopped her car. After finding she was the sole occupant of the car, officers obtained a search warrant and searched Wooten’s car.
During the subsequent search, detectives seized $9,319.00, as well as 20 metal cans in a black bag. A further search of the cans revealed approximately eight pounds of methamphetamine and 20 pounds of marijuana. The DEA lab analyzed the methamphetamine and determined it contained 3502.6 grams of actual methamphetamine. Wooten is being held responsible for possessing eight pounds of methamphetamine with the intent to distribute it back into Montana communities. That converts to 28,016 individual dosage units of the drug that could have reached drug users in Montana.
Wooten has an extensive criminal history that includes prior felony convictions for narcotics, burglaries, and embezzlement.
The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by Homeland Security Investigations and the Russell Country Drug Task Force.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
CFO of New Haven Biotech Firm Charged with Embezzling Nearly $1 MillionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Phillip Coyne, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of Inspector General, and Patricia M. Ferrick, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that THOMAS MALONE, 48, of New Haven, was arrested today on a criminal complaint charging him with embezzling nearly $1 million from a New Haven biotech company that receives federal research grants.
MALONE appeared before U.S. Magistrate Judge Sarah A. L. Merriam in New Haven and was released on a $50,000 bond.
As alleged in court documents, MALONE was the chief financial officer (CFO) of Artificial Cell Technologies, Inc. (ACT) of New Haven, a small biotech company that is currently working on developing better ways to deliver malaria and Respiratory Syncytial Virus vaccines to affected populations. In addition to receiving funding from private investors, ACT has received approximately $4.1 million in grants from the National Institutes of Health (NIH) since 2008. As the CFO, MALONE’s responsibilities included collecting, posting, and depositing investor and grant funds; tracking and reporting grant expenditures; managing accounts payable and cash disbursements; facilitating payroll; reconciling ACT credit card and bank accounts; and providing overall financial management.
It is alleged that in November 2016, ACT’s chief executive officer discovered that MALONE was paying himself approximately $660,000 in annual salary, far above the approximately $281,000 in salary he was entitled to receive. Upon further review of payroll and other financial records, ACT’s CEO discovered that, for several years, MALONE had been writing checks to himself that were disguised as bonuses, that he had been giving himself unauthorized additional salary payments, that he had been using the ACT credit card for personal expenditures, and that he had used ACT’s funds to make unauthorized donations to an organization that MALONE personally supported. A subsequent forensic audit revealed that, between 2012 and 2016, MALONE had embezzled approximately $950,000 from ACT.
The complaint charges MALONE with theft from a program involving federal funds, an offense that carries a maximum term of imprisonment of 10 years.
U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the U.S. Department of Health and Human Service, Office of Inspector General, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Buffalo Man Pleads Guilty to Bank Fraud and I-D TheftRead 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 Ricky Butler, 41 of Buffalo, NY, pleaded guilty, before U.S. District Judge Lawrence J. Vilardo, to conspiracy to commit bank fraud and aggravated identity theft. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys MaryEllen Kresse and Jonathan Cantil, who handled the case, stated that between July 2013 and January 2014, the defendant conspired with others, including Randy Jarrett, Tamika Favors, Catherine Jarrett, Teria Baker, and Danielle Hamilton, fraudulently to obtain and use unauthorized access devices, namely credit cards, without the knowledge or authorization of the true account holders. Butler used the true account holder’s personal identifying information and account access information to contact financial institutions and have new or replacement credit cards issued to addresses in the Western District of New York and elsewhere. During the course of the scheme, Butler took over 59 credit card accounts. Those credit cards were used by the defendant and the other conspirators to make, and to attempt to make, purchases at Walmart stores and other retail establishments totaling nearly $1,084,000.
Throughout the scheme, the defendant controlled all credit cards, determined where all credit cards would be used to make purchases, and directed Tamika Favors, Teria Baker, Danielle Hamilton, and others to forge the signature of the name on each card to finalize purchases. Butler also maintained control of all gift cards purchased, directed all subsequent sales of the gift cards, and received the majority of the proceeds from the gift card sales.
Randy Jarrett, Tamika Favors, Catherine Jarrett, Danielle Hamilton, and Teria Baker have all been convicted.
The plea is the result of an investigation by the United States Postal Inspection Service, under the direction of acting Inspector-in-Charge Ray Moss of the Boston Division; and the United States Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson.
Sentencing is scheduled for June 8, 2018, at 10:00 a.m. before Judge Vilardo.
Boston Man Sentenced for Distributing Heroin and FentanylRead the Press Release
BOSTON – A Boston man was sentenced yesterday in federal court in Boston for his role in a heroin and fentanyl trafficking organization that operated in Taunton and Boston.
Jancer Soto, 27, was sentenced by U.S. District Court Judge Indira Talwani to five years of probation. In October 2017, Soto pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl. In February 2017, Soto was arrested and charged along with approximately 20 co-defendants.
From mid-2016 through February 2017, federal law enforcement investigated two drug trafficking organizations operating in Taunton and Boston led by Fernando Hernandez and Jose Antonio Lugo-Guerrero. Lugo-Guerrero allegedly operated a drug trafficking organization in Fall River and Boston and was assisted by Soto and approximately seven others. It is alleged that Lugo Guerrero supplied Hernandez with drugs and that Lugo-Guerrero and his associates obtained a significant quantity of illegal drugs by robbing other drug traffickers.
Hernandez pleaded guilty and was sentenced on Feb. 26, 2018, to 188 months in prison. Lugo-Guerrero pleaded not guilty and is scheduled for trial on Sept. 10, 2018.
The conspiracy charge provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Fall River Police Chief Albert F. Dupere; New Bedford Police Chief Joseph C. Cordeiro; Taunton Police Chief Edward James Walsh; Boston Police Commissioner William B. Evans; Bridgewater Police Chief Christopher Delmonte; and Bristol Country District Attorney Thomas M. Quinn made the announcement today. Assistant U.S. Attorney Theodore B. Heinrich of Lelling’s Narcotics and Money Laundering Unit prosecuted 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.
Blue Springs Man Charged with Illegally Possessing Firearm at Elementary SchoolRead the Press Release
KANSAS CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced that a Blue Springs, Mo., man was charged in federal court today with illegally possessing a firearm he carried into an elementary school building.
Shaunee Burkhart, 33, of Blue Springs, was charged in a criminal complaint filed in the U.S. District Court in Kansas City, Mo. Burkhart remains in federal custody pending a detention hearing on Tuesday, March 6, 2018.
Today’s federal criminal complaint charges Burkhart with one count of being a drug user in possession of a firearm and one count of possessing a firearm in a school zone.
According to an affidavit filed in support of the criminal complaint, a secretary at James Walker Elementary School in Blue Springs contacted the Blue Springs School District Department of Public Safety to report a suspicious person on Wednesday morning, Feb. 28, 2018. The secretary reported that Burkhart, a parent of students at the school, entered the school at approximately 10:08 a.m.
Burkhart used one of the school’s telephones to contact someone to request a ride. While on the phone, the secretary told officers, Burkhart appeared to be recording himself with an electronic tablet. When Burkhart completed the call, he left the school building and sat on a bench outside of the front entrance. The secretary told officers she felt uncomfortable and nervous about Burkhart hanging around the school. Burkhart was acting in a way that the secretary believed was strange and out of the ordinary.
When officers responded to the school, they saw Burkhart walking from the front door. Burkhart appeared to be smoking something, the affidavit says, and an officer smelled the odor of marijuana. As the officers approached, Burkhart sped up the pace of his walk, crossed the street and went behind some trees.
When the officers contacted Burkhart, the affidavit says, he acted nervous and jittery. An officer saw a loaded Taurus 9mm semi-automatic pistol in Burkhart’s rear waistband. The pistol was removed by the officer. In addition, the affidavit says, a red package of cigarettes in Burkhart’s front left pants pocket contained a marijuana cigarette.
Moments into the officers’ contact with Burkhart, his sister arrived in an SUV and joined Burkhart and the officers. Refusing direction to get back into her vehicle, she began hugging Burkhart. According to the affidavit, the officer saw her take something from Burkhart’s front left breast pocket and attempt to conceal it by putting into her shirt or bra. Officers retrieved the item, a cigarette package that contained Burkhart’s Colorado state identification card and two yellow Ziploc baggies of methamphetamine.
Burkhart unsuccessfully tried to flee as an officer took Burkhart to a patrol vehicle in handcuffs. According to the affidavit, the officer believed that Burkhart was under the influence of some type of drug.
When the Blue Springs Police Department took custody of Burkhart, an officer observed that he seemed disoriented and his speech was slurred. Burkhart had little to no recollection of his contact with the officers. A glass pipe containing methamphetamine residue was located in Burkhart’s backpack.
Burkhart told investigators he has been smoking marijuana two to three times per week for the last five years. Burkhart also said he has used methamphetamine numerous times in the last month, including the night prior to his arrest, and had taken Vicodin earlier that morning, which he purchased from a street dealer.
Garrison cautioned that the charges contained in this complaint are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney David Raskin. It was investigated by the Blue Springs, Mo., Police Department, the Blue Springs School District Department of Public Safety and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Berkeley County man admits to drug distribution chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA - DeMarco Davis, Jr., also known as “Tipp,” of Inwood, West Virginia, has admitted to a drug distribution charge, United States Attorney Bill Powell announced.
Davis, age 36, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Heroin.” Davis admitted to selling heroin in January 2017 in Berkeley County.
Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, is prosecuting the case on behalf of the government. The Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, and the Berkeley County Sheriff’s Office investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Baltimore Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – Roger Spears, age 36, of Baltimore, Maryland, pleaded guilty today to brandishing a firearm in furtherance of the conspiracy to possess with intent to distribute controlled substances.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore Field Office; and Commissioner Darryl DeSousa of the Baltimore Police Department.
According to his plea agreement, on June 21, 2016, Spears carried out an armed home invasion in Anne Arundel County where he encountered one of the victims and pistol-whipped him in the face. Spears then took the victim to the upstairs bedroom where two other victims slept. He held all the victims at gunpoint and demanded their property. Spears stole jewelry, heroin, Xanax (alprazolam), money, and a.40 caliber handgun. According to the plea agreement, Spears sold the heroin that he stole during the robbery and kept the handgun.
On July 25, 2016, at around 9:20 p.m., Spears was engaged in drug trafficking and had hidden a stash of 18 bags of cocaine in a bag on the porch. At around that time, Spears left the location, but left the bag hidden on the porch. He later returned in a minivan as a passenger to retrieve the narcotics. As the minivan drove away from the location, a Baltimore City Police Department patrol vehicle attempted to stop the vehicle. The minivan fled from the patrol car and the Spears threw the bag with the gun and cocaine out of a window. The minivan subsequently crashed into a curb and Spears fled on foot. Spears was arrested by officers a short distance away.
Spears and the government have agreed that if the Court accepts the plea agreement, he will be sentenced to fifteen years in prison followed by a lifetime of supervised release. U.S. District Judge Richard D. Bennett has scheduled sentencing for May 29, 2018 at 2 p.m.
Acting United States Attorney Stephen M. Schenning commended the DEA and the Baltimore City Police Department for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Matthew DellaBetta, who is prosecuting the case.
Attorney General Sessions Takes Further Action to Combat Opioid Crisis - Directs the DEA to Evaluate Aggregate Production QuotasRead the Press Release
Today Attorney General Jeff Sessions issued a memo for the Acting Administrator of the Drug Enforcement Administration directing the DEA to evaluate and consider whether or not to amend its regulations governing the aggregate production quota where appropriate as expeditiously as practicable, including through a potential interim final rule. This is in response to studies indicating that the United States is an outlier in the number of opioid prescriptions issued each year.
In making the announcement, Attorney General Sessions said: “Our nation is in the grips of the deadliest drug epidemic in our history. In accordance with President Donald J. Trump’s declaration of a Public Health Emergency and his directive to his Administration to address drug addiction and opioid abuse, the Department of Justice has helped lead the fight against this devastating crisis. I appreciate the efforts of the great men and women of the Drug Enforcement Administration (DEA), who are making significant strides in combatting this threat.”
View the memo here.Arrests Made in Cocaine Distribution Case in Brunswick CountyRead the Press Release
WILMINGTON – The United States Attorney for the Eastern District of North Carolina Robert J. Higdon, Jr. announces the arrests of two of three defendants pursuant to a federal indictment for drug related charges.
An indictment was returned by a federal grand jury on January 30, 2018, against RODNEY TROY WILLIAMS, 49 years of age, of Bolivia, NC, JESSICA NICOLE MILLIKEN 30 years of age, of Leland, NC and KIMBERLY JOE COLEMAN, 51 years of age, of Southport, NC. The indictment charges the three defendants with conspiracy to possess and intent to distribute 280 grams or more of cocaine base (crack) in Brunswick County beginning in or about 2014, the exact date being unknown to the Grand Jury and continuing up to at least April 10, 2017.
WILLIAMS and MILLIKEN were arrested in April 2017 by the Brunswick County Sheriff’s Office and are currently being held in the Brunswick County Detention Center facing state charges related to distribution of crack cocaine. They will be transferred into federal custody. COLEMAN is currently being sought by law enforcement.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The investigation of this case was conducted by the FBI's Coastal Criminal Enterprise Task Force (CCETF) which is made up of the FBI, Brunswick County Sheriff's Office, Wilmington Police Department, New Hanover County Sheriff's Office, and the North Carolina State Bureau of Investigation. The CCETF was formed in July 2016 to combat the rise of heroin distribution along the coast.
Arizona Man Sentenced to 78 Months in Federal Prison for Marijuana Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – John Leroy Milne, 56, of Phoenix, Ariz., was sentenced on February 27, 2018, in federal court in Las Cruces, N.M., to 78 months of imprisonment for his conviction on marijuana trafficking charges. Milne will be on supervised release for four years after completing his prison sentence.
The DEA and U.S. Border Patrol arrested Milne on June 23, 2017, on a criminal complaint charging him with possessing 111.58 kilograms (245.99 pounds) of marijuana with intent to distribute. Milne and his co-defendant, Manuel Pavon-Rodriguez, 36, a Mexican national illegally in the United States, subsequently were indicted on July 19, 2017, and were charged with participating in a marijuana trafficking conspiracy and with possession of marijuana with intent to distribute. According to the indictment, the defendants committed the crimes on June 23, 2017, in Hidalgo County, N.M.
Milne and Pavon- Rodriguez proceeded to trial on the charges in the indictment in Oct. 2017. The evidence at trial established that U.S. Border Patrol agents encountered Milne in Rodeo, N.M., on June 23, 2017, after Milne stopped his vehicle in front of the agents, got out of the vehicle, and initiated a conversation with the agents. The agents had been following Milne because Milne’s vehicle did not have a visible license plate. Milne gave the agents conflicting and confusing accounts about his travel plans until the agents asked him to show them the paper license plate for his vehicle. The agents testified that they observed five burlap backpacks and detected the strong scent of marijuana from the back of vehicle as Milne attempted to remove the paper license plate from the back window of his vehicle.
When the agents opened the back of the vehicle to inspect the backpacks, they observed Pavon-Rodriguez, who was wearing camouflage clothing, attempting to hide in the back of the vehicle with the backpacks. The five burlap backpacks contained 12 square bales of marijuana, weighing approximately 246 pounds that were wrapped in duct tape.
On Oct, 26, 2017, following a three-day trial, the jury returned a guilty verdict against Milne and acquitted Pavon-Rodriguez.
This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol. Assistant U.S. Attorneys Alfred J. Perez and Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Another Doctor and a Nurse Indicted for Participating in the Operation of a Montgomery “Pill Mill”Read the Press Release
Montgomery, AL – On Wednesday, February 28, 2018, a physician and nurse were arrested after being indicted in the ongoing investigation and prosecution of a “pill mill” being operated out of a Montgomery, Alabama medical office. The two new defendants in this case are physician Willie J. Chester, Jr., 64, of Pike Road, Alabama, and nurse Stephanie Michelle Ott, 42, of Fairhope, Alabama. Previously charged in this investigation were nurse practitioners Lillian Akwuba and Elizabeth Cronier, physician Julio Delgado, and clerical workers Misty Michelle Fannin, Jacqueline Suzanne Brownfield, and Akash Kumar.
All of the defendants are alleged to have assisted Dr. Gilberto Sanchez in operating a “pill mill” out of Family Practice, a medical clinic located at 4143 Atlanta Highway in Montgomery. Dr. Gilberto Sanchez, previously a Montgomery physician, owned Family Practice. In November of 2017, Dr. Sanchez pleaded guilty in federal court to drug distribution, health care fraud, and money laundering charges. In December, Dr. Sanchez’s former partner, Dr. Shepherd Odom pleaded guilty to drug distribution and money laundering charges. In January of 2018, Steven Cox, a nurse practitioner employed by the practice, pleaded guilty to drug distribution and health care fraud charges.
The most recent indictment in this case charges Chester with drug distribution, health care fraud, and conspiracy charges. The indictment alleges that Chester worked at Family Practice in 2016 and 2017, and, during that time, he prescribed controlled substances to patients knowing that the patients did not need the prescribed medicine. It further alleges that Chester had health insurance companies billed for unnecessary prescriptions and office evaluations.
As for Ott, the new indictment charges her with conspiracy and health care fraud. The factual allegations against Ott state that, in 2015, Family Practice employed Ott as a consultant. In that role, Ott implemented a billing system that caused the practice to overbill health insurance companies for services provided by nurse practitioners.
Finally, the latest indictment adds new drug distribution and health care fraud charges against Delgado and Cronier.
If convicted of the drug distribution charges, Chester faces a maximum sentence of 20 years’ in prison. Chester and Ott face maximum term of 10 years on the health care fraud charges. All defendants also could be assessed substantial fines and other monetary penalties.
An indictment merely alleges that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
This case was investigated by the Drug Enforcement Administration’s Tactical Diversion Squad, the Internal Revenue Service’s Criminal Investigation Division, and the United States Department of Health and Human Services – Office of Inspector General. The Montgomery County Sheriff’s Office, the Alabama Board of Medical Examiners, the Montgomery Police Department, the Opelika Police Department, and the Elmore County Sheriff’s Office assisted in the investigation. Assistant United States Attorneys Jonathan S. Ross and R. Rand Neeley are prosecuting the case.
Accountant Guilty of Tax Evasion and FraudRead the Press Release
CORPUS CHRISTI, Texas – A 34-year-old former Corpus Christi resident has entered a guilty plea to wire fraud and tax evasion, announced U.S. Attorney Ryan K. Patrick.
Brian Perez, now of San Antonio, is a Certified Public Accountant. As part of his plea, Perez admitted that while working as a bookkeeper, he orchestrated the fraudulent transfer of funds from his employer’s bank account to his personal tax withholding account. Perez also admitted he filed a false income tax return and requested a refund of the overpayment.
Through this scheme, Perez defrauded his employer of $162,775 between March 9, 2015, and Aug. 7, 2015.
U.S. District Judge Nelva Gonzales Ramos accepted the plea today and set sentencing for July 18, 2018. At that time, Perez faces up to 20 years in federal prison for wire fraud as well as a maximum three years for tax evasion. Both charges also carry as possible punishment a $250,000 maximum fine.
IRS-Criminal Investigation and the FBI conducted the investigation. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuting the case.
28 February 2018
Woodbury Man Sentenced to Prison for Stealing Identities and Filing False Tax ReturnsRead the Press Release
George Ronzell Fyke, 40, of Woodbury, Tenn., was sentenced yesterday to 57 months in prison for stealing the identities of others and using them to file false income tax returns, announced U.S. Attorney Don Cochran of the Middle District of Tennessee.
According to documents filed with the court, Fyke stole the names and social security numbers of deceased relatives and from fellow inmates at the Montgomery County, Tenn. Jail and used them to file false income tax returns. Fyke had the tax refund checks sent to addresses under his control and after being released from jail, he forged the signatures of the stolen identities and deposited the refund checks into his bank accounts. Fyke caused the Department of Treasury to issue over $56,000 in unlawful tax refunds.The case was investigated by the IRS – Criminal Investigation. Assistant United States Attorney Ryan R. Raybould prosecuted the case on behalf of the United States.
Woman Sentenced to Prison for Tax ViolationRead the Press Release
Charleston, South Carolina --- United States Attorney Beth Drake announced today that Judy Villanyi, 48, of Summerville, South Carolina, was sentenced to five months imprisonment for violating 18 U.S.C. § 7272, Obstructing and Impeding the Due Administration of the Tax Code. The offense carried a maximum possible punishment of up to three years imprisonment.
Villanyi pled guilty to the offense in August of 2017. She was sentenced by United States District Court Judge Richard Gergel.
The conviction is the result of an investigation conducted by the Internal Revenue Service and Federal Bureau of Investigations.
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Woman Pleads Guilty to Tax Refund Fraud Using Stolen IdentitiesRead the Press Release
Jackson, Miss. – Marietta Harris pled guilty yesterday before U.S. District Court Judge Henry T. Wingate to conspiring to defraud the United States, announced U.S. Attorney Mike Hurst, U.S. Secret Service Special Agent in Charge Michael Williams and Internal Revenue Service-Criminal Investigation Acting Special Agent in Charge Ted R. Magee.
According to information revealed at her plea hearing, from January 2009 to June 2013, Harris and her co-defendants defrauded the government by using names, social security numbers and other personal identifying information which had been stolen from the Central Mississippi Correctional Facility in Rankin County, the University of Mississippi Medical Center, and other locations, to file false tax returns with the Internal Revenue Service and collect tax refunds. These fraudulent tax refunds were electronically deposited into various bank accounts in Mississippi belonging to Harris and her co-conspirators.
Harris will be sentenced by Judge Wingate on May 29, 2018, and faces a total maximum penalty of ten years in prison and a $250,000 fine. According to the indictment, Harris and her seven co-conspirators were charged with conspiracy to defraud the government. According to the court’s public electronic record, all seven co-conspirators have been sentenced to terms of imprisonment as follows: Nikki Thomas – 105 months; S’ade Tyler – 54 months; Tony Jones – 105 months; Ladonna Cooper – 20 months; Shekeila Jones – 15 months; Pamlia Johnson – 14 months; and Diandra Thomas – 5 months.
The case was investigated by the U.S. Secret Service and Internal Revenue Service Criminal Investigation with assistance from the Mississippi Attorney General’s Office, the Mississippi Department of Corrections and the Mississippi Department of Revenue. The case is being prosecuted by Assistant U.S. Attorney Patrick A. Lemon.
Wichita Man and Woman Charged with String of Armed RobberiesRead the Press Release
UPDATE
A federal judge dismissed the indictment against the defendant, Jazmin Manuel, in the case described in the press release below.
WICHITA, KAN. – A Wichita man and woman were charged Tuesday in a string of armed robberies at local businesses, U.S. Attorney Stephen McAllister said.
A federal grand jury indictment charged Savannah Cole, 20, Wichita, Kan., and Kenneth W. Cade, 28, Wichita, Kan., with four counts of robbery and four counts of using firearms to commit robberies. In addition, Cade was charged with two counts of unlawful possession of a firearm following a felony conviction.
The indictment alleges Cole and Cade committed the following robberies:
- Dollar General Store, 915 S. Glendale in Wichita, Nov. 22, 2017.
- C-Store, 837 S. Oliver in Wichita, Feb. 7, 2018.
- Arby’s, 4308 E. Harry in Wichita, Feb. 14, 2018.
- Circle K Store, 515 N. Seneca in Wichita, Feb. 14, 2018.
If convicted, they face up to 20 years in federal prison and a fine up to $250,000 on each robbery count, and no less than seven years and a fine up to $250,000 on each count of using a firearm in a robbery. In addition, Cade faces up to 10 years and a fine up to $250,000 on each count of unlawful possession of a firearm. The FBI and the Wichita Police Department investigated. Assistant U.S. Attorney Matt Treaster is prosecuting the case as part Project Safe Neighborhoods, a U.S. Department of Justice initiative targeting violent crime.
OTHER INDICTMENTS
Three Wichitans are charged with the sex trafficking of a minor.
Johnell Carter, 22, Wichita, Kan., Christian L. Dixon, 27, Wichita, Kan., and Jazmin Manuel, 21, Wichita, Kan., are charged with one count of sex trafficking a minor.
According to an affidavit filed in federal court, in June 2017 the Wichita Police Department interviewed a 16-year-old girl who had been the victim of sex trafficking starting at the age of 15. It is alleged Carter and Dixon arranged for the victim to engage in commercial sex acts, including approximately 50 encounters with men who paid to have sex with her. The defendants used Web-based advertising to offer the minor, including transporting the minor to San Antonio, Texas, where men paid to have sex with the minor.
If convicted, the defendants face not less than 10 years in federal prison and a fine up to $250,000. The FBI, the Wichita Police Department and the Exploited and Missing Child Unit (EMCU) investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
Nehemiah K. Jackson, 37, Wichita, Kan., is charged with one count of theft of mail by a U.S. Postal Service employee. It is alleged he stole cell phones that were being mailed to Assurion. The crime is alleged to have occurred in December 2017 in Sedgwick County, Kan.
If convicted, he faces up to five years in federal prison and a fine up to $250,000. The U.S. Postal Service investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Javier Guerrero-Garcia, 21, who is not a citizen of the United States, is charged with one count of unlawful possession of a firearm by a person illegally in the United States. The crime is alleged to have occurred Jan. 2, 2018, in Wyandotte County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Whiting Man Pleads Guilty to Tax FraudRead the Press Release
A man who filed false and fraudulent tax returns pled guilty on February 28, 2018, in federal court in Sioux City.
Kurt Neldeberg, 64, from Whiting, Iowa, was convicted of making a false and fraudulent tax return.
At the plea hearing, Neldeberg admitted that from at least 2009 through 2012, he failed to report a total of approximately $315,512 in income from grain sales which resulted in unpaid and taxes due and owing for those tax years. Neldeberg admitted he deposited proceeds from grain sales into personal bank accounts, knowing that he was supposed to tell his bookkeeper and tax preparer of these farm grain sales and deposits, but willfully did not inform his bookkeeper nor his tax preparer of these farm grain sales and deposits into personal accounts. Neldeberg knew that the farm receipts reported on his Schedule F on his joint federal tax returns was incorrect, resulting in underreported income for each of the tax years 2009-2012 and tax losses therefrom.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Neldeberg remains free on bond previously set pending sentencing. Neldeberg faces a possible maximum sentence of 3 years’ imprisonment, a $250,000 fine, a special assessment of $100, and not more than one year of supervised release following any imprisonment. A person convicted of a criminal tax offense, in addition to whatever sentence is imposed, is also required to pay the tax determined to be due, as well as interest and civil penalties that may be assessed.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Internal Revenue Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-4012. Follow us on Twitter @USAO_NDIA.
White Supremacist Pleads Guilty to Federal Gun ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Benjamin Thomas Samuel McDowell, age 30, of Conway, South Carolina, pled guilty in federal court in Florence, South Carolina. McDowell pled guilty to being a felon in possession of a firearm and ammunition, a violation of Title 18, United States Code, Section 922(g). United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentences after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the guilty plea hearing established that the FBI became aware of McDowell’s escalating white supremacist views on social media where McDowell advocated violence against non-whites and even expressed admiration for Dylann Roof and the extreme acts of violence perpetrated by him. Of particular concern to the FBI were McDowell’s comments regarding a particular Jewish Synagogue which implied that this place of worship might be a possible target of violence. McDowell also used social media to communicate an interest in acquiring a gun. In response the FBI arranged for an undercover agent posing as a member of a white supremacist organization to become acquainted with McDowell for the purpose of determining the nature of his white supremacist leanings and whether McDowell intended to carry out any acts of violence.
McDowell and the undercover agent engaged in multiple recorded conversations during which McDowell reaffirmed his respect for Dylann Roof and spoke generally about committing acts of violence against people of the Jewish and Muslim faiths. McDowell also repeated his desire to obtain a gun. While McDowell never revealed any specific plan to attack a particular location or victim, he did express a general desire to use the gun to commit acts of violence. During further conversations with the undercover FBI agent, McDowell eventually specified that he wanted a .40 caliber Glock pistol and .40 caliber hollow-point ammunition. The agent was able to set up a controlled sale of a .40 caliber pistol and ammunition to McDowell to take place on February 15, 2017. The FBI provided the agent with a .40 caliber Glock which had been rendered “inert” by having the firing pin shaved down so that the gun could not fire. On February 15, the agent met with McDowell and sold him the inert .40 caliber pistol and hollow-point ammunition for $109. Soon thereafter McDowell was arrested in the parking lot of a hotel in Myrtle Beach during which the pistol and ammunition were recovered from a bag McDowell was carrying. During a post-arrest interview McDowell admitted to agents that he had purchased the gun and ammunition.
Prior to February 15, 2017, McDowell had been convicted of a felony which prohibits him from possessing a firearm or ammunition.
Ms. Drake stated the maximum penalty McDowell can receive is imprisonment for 10 years and a fine of $250,000.00.
The case was investigated by agents of the FBI with the assistance of the Horry County Police Department, the Myrtle Beach Police Department and the Horry County Sheriff’s Office. Assistant United States Attorney A. Bradley Parham of the Florence office is prosecuting the case.
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West Mifflin Man Admits Possessing and Distributing FentanylRead the Press Release
PITTSBURGH - A former resident of West Mifflin, Pennsylvania, pleaded guilty in federal court on one count of possession with intent to distribute and distribution of fentanyl, United States Attorney Scott W. Brady announced today.
James Kadish, age 27, pleaded guilty before United States District Judge David Cercone.
In connection with the guilty plea, the court was advised that on December 3, 2018, James Kadish purchased a quantity of fentanyl from co-defendant Devon Robinson. On December 3, 2017 and December 4, 2017, Kadish then distributed the fentanyl to at least two other individuals. On December 4, 2017, FBI Special Agents and Task Force Officers recovered the remaining fentanyl from Kadish’s home in West Mifflin.
Judge Cercone scheduled sentencing for July 23, 2018. The law provides for a maximum total sentence of up to 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses, and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation – Western District of Pennsylvania Opioid Task Force conducted the investigation leading to the guilty plea in this case. This Task Force is comprised of FBI Special Agents and state and local Task Force Officers, including officers from the Pittsburgh Bureau of Police, Allegheny County Sherriff’s Department, Allegheny County Police, Port Authority Police, Munhall Police Department, West Mifflin Police Department and Pennsylvania Attorney General’s Office.
Warren County, New Jersey, Man Convicted of Production of Child Pornography, Online Enticement, Sending Interstate Extortionate Threats, and StalkingRead the Press Release
NEWARK, N.J. – A Washington, New Jersey, man was convicted today of sex crimes, extortion and stalking – including asking a minor girl to produce explicit images of herself and threatening a second girl if she didn’t agree to meet and date him, U.S. Attorney Craig Carpenito announced.
Brandon McIntyre, 25, was convicted of two counts of the production of child pornography, one count of the online enticement of a minor to engage in criminal sexual conduct, two counts of sending interstate extortionate threats, and one count of stalking. The jury deliberated approximately four hours following a one-week trial before U.S. District Judge Kevin McNulty in Newark federal court.
According to the documents filed in this case and the evidence at trial:
McIntyre met various minor girls through Facebook, sometimes as himself, other times pretending to be a teenage girl. Over the course of the correspondence with one female, McIntyre threatened to hurt her boyfriend and kill her family when she refused to go out with him. In his interaction with another girl, McIntyre sent her images of his genitals and demanded that she send nude images of herself. McIntyre threatened the girl, claiming he was a state trooper who could arrest and imprison her family members if she did not send him nude images of herself. When one victim threatened to report McIntyre to her school guidance counselor, McIntyre responded, “Do it and see what happens” and “I can have ur family killed too and make u watch.”
McIntyre admitted to law enforcement that he, at times, pretended to be a teenage girl using the alias “Katie Thompson” in online chats with minors. He said he solicited minors to take and send nude images of themselves to him and threatened to harm minors and their loved ones on multiple occasions if they did not comply with his demands.
The charges of sexual exploitation of a child each carry a mandatory minimum penalty of 15 years in prison, and a maximum potential penalty of 30 years in prison. The charge of online enticement carries a mandatory minimum penalty of 10 years in prison, and a maximum potential penalty of life in prison. The charges of interstate extortionate threats each carry a maximum potential penalty of five years in prison. The charge of stalking carries a maximum penalty of five years in prison. All of the counts are also punishable by a $250,000 fine. Sentencing will be scheduled at a later date.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark; the Middlebury, Vermont, Police Department, and the Clinton Police Department with the investigation leading to today’s conviction.
The government is represented by Assistant U.S. Attorneys Erica Liu and Danielle Alfonzo Walsman of the U.S. Attorney’s Office’s Criminal Division in Newark.
Upshur County man sentenced for illegal possession of a firearmRead the Press Release
ELKINS, WEST VIRGINIA – A Buckhannon, West Virginia man was sentenced today to 46 months incarceration for illegally possessing a firearm, United States Attorney Bill Powell announced.
Joseph Wayne Shipman, 44, of Buckhannon, West Virginia, pled guilty to one count of “Unlawful Possession of a Firearm” in January 2017. Shipman, who had previously been convicted of a felony offense in Upshur County, is prohibited from possessing a firearm. He admitted to possessing multiple firearms in December 2016 in Upshur County, West Virginia.
Assistant U.S. Attorney Stephen D. Warner prosecuted the cases on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated.
U.S. District Judge John Preston Bailey presided.