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Thursday 18 January 2018
Mancha Sentenced to 20 Years in Federal Prison for Killing His WifeRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced today that Thomas Edward Mancha, a 61-year-old resident of Browning, was sentenced to 20 years in prison, five years of supervised release, and a $100 special assessment, for the murder of his wife on New Year’s Day, 2017. U.S. District Judge Brian Morris presided over the hearing.
At an earlier hearing, Mancha pleaded guilty to second degree murder. On January l, 2017, Mancha was involved in an altercation with his wife at the Lewis and Clark Camp Disappointment Monument, which is located along the north side of U.S. Highway 2, approximately 13 miles east of Browning. A witness arrived on the scene and observed Mancha holding his wife by the hair or back of shirt collar. When the witness threatened to call 911, Mancha released his wife and she ran away from him. However, Mancha got into a Dodge pick-up truck and intentionally drove the truck directly into her as she ran, knocking her to the ground. According to the witness, Mancha turned the truck around and drove over his wife a second time. The victim died at the scene from massive internal injuries and a severed spine.
After killing his wife, Mancha fled the scene and drove to a train crossing near the small community of Blackfoot. He waited in front of an oncoming train in an apparent suicide attempt. Although he later denied that he was trying to kill himself, Mancha admitted that he was angry with his wife because she was divorcing him.
Judge Morris sentenced Mancha to 20 years in federal prison, with five years of supervised release to follow. Because there is no parole in the federal system, Mancha will likely serve all of the time imposed by the court. In the federal system, Mancha does have the opportunity to shorten the term of custody by earning credit for good behavior. However, this reduction will not exceed 15% of the overall sentence.
U.S. Attorney Kurt Alme stated, “We are pleased with the court’s sentence today, and our sympathies go out to the victim’s family and the Blackfeet tribal community for their loss. I also want to thank all of the people who helped successfully prosecute this case, including AUSA Jeff Starnes, the FBI agents and BIA law enforcement officers who worked on this case, and the victim and witness staff members from our respective offices.”
The case was investigated by the Federal Bureau of Investigation, the Glacier County Sheriff’s Office, the Blackfeet Law Enforcement Service and various other federal, state, and local agencies.
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Lange Sentenced to 18 Years in Prison on Meth ChargesRead the Press Release
BILLINGS—Michael Lange, a 57-year old resident of Billings, Montana, was sentenced today to 216 months in prison and 5 years of supervised release after pleading guilty to conspiracy to possess with the intent to distribute and to distribute methamphetamine and possession with intent to distribute methamphetamine. United States District Judge Susan P. Watters issued the sentence.
In September 2016, agents began an investigation into a broad drug-trafficking organization selling large quantities of methamphetamine in the Billings area. Michael Lange was identified as a large distributor for the organization, so agents applied for and received search warrants for his cell phone content and ultimately his residence. His text messages indicated that he was selling methamphetamine along with cocaine to a number of individuals. On October 11, 2016, agents executed a search warrant on Lange’s residence in Billings. There, they discovered 1202 grams of methamphetamine, 442 grams of cocaine, and $27,400 in United States Currency. Lange was interviewed by agents on two occasions and admitted to participating in the conspiracy and to obtaining approximately 20 pounds of methamphetamine for redistribution. Lange formerly served three terms in the Montana Legislature, including a term as majority leader during the 2007 Legislature.
U.S. Attorney Kurt Alme stated: “AUSA John Sullivan’s good work makes clear that no one is above the law. If we are to improve the safety and quality of life of our communities, we must stop the trafficking and sale of methamphetamine.”
The case was investigated by the FBI Transnational Organized Crime Western Task Force and the Eastern Montana High Intensity Drug Trafficking Area 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.
Laconia Man Pleads Guilty to Seven Bank Robberies in New Hampshire and MassachusettsRead the Press Release
CONCORD, N.H. – Chaka Meredith, 42, previously of Laconia, New Hampshire, pleaded guilty in federal court to the robberies of seven banks in late 2016 and early 2017, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, Meredith pleaded guilty to the following crimes: (1) the December 29, 2016, robbery of a Bank of America branch location in Boston, Massachusetts; (2) the January 3, 2017, robbery of an East Boston Savings Bank branch location in Jamaica Plain, Massachusetts; (3) the January 11, 2017 robbery of a Meredith Village Savings Bank branch location in Laconia, New Hampshire; (4) the January 17, 2017, robbery of a Santander Bank branch location in Lawrence, Massachusetts; (5) the January 24, 2017 robbery of a TD Bank branch location in Lawrence, Massachusetts; (6) the January 25, 2017 robbery of a Lowell Five Cent Savings Bank branch location in Pepperell, Massachusetts; and (7) the January 30, 2017, robbery of a Santander Bank branch location in Plaistow, New Hampshire. Meredith has been in custody since his arrest by the Lawrence, Massachusetts Police on February 1, 2017.
Meredith was originally indicted for a robbery in Plaistow on March 8, 2017, and his guilty plea today resolves all of his pending charges in both Massachusetts and New Hampshire resulting from the month-long bank robbery spree.
Meredith is scheduled to be sentenced on May 9, 2018. As part of his plea agreement, he will be required to pay restitution to the financial institutions he robbed.
“The U.S. Attorney’s Office is committed to working with our law enforcement partners to combat violent crime,” said Acting U.S. Attorney Farley. “This defendant’s crime spree is the type of conduct that creates fear in our communities. Those who engage in such criminal activities will be prosecuted aggressively in order to protect the safety of the citizens of the Granite State.”
“Mr. Meredith is finally accepting responsibility for his multi-state crime spree, where very fortunately, no one was harmed. Due to the close collaboration with our law enforcement partners, we were able to track him down and safely get him off the streets,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division (FBI). “This case demonstrates the commitment of the FBI’s Violent Crimes Task Force in bringing to justice those who break the law and intimidate hard-working citizens.”
This matter was investigated by the FBI, the Laconia Police Department, the Plaistow Police Department, the Belknap County Sheriff’s Department, the Brookline, MA Police Department, the Lawrence, MA Police Department, the Pepperell, MA Police Department and the Massachusetts State Police. The Middlesex, Essex, and Suffolk District Attorneys’ Offices in Massachusetts as well as the New Hampshire Attorney General’s Office also provided invaluable assistance to investigators. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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KC Man Sentenced for Armed Bank RobberyRead the Press Release
KANSAS CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was sentenced in federal court today for an armed bank robbery he committed while on parole for a state murder conviction.
Gregory Burgin, 59, was sentenced by U.S. District Judge Gary A. Fenner to 14 years in federal prison without parole.
On July 13, 2017, Burgin pleaded guilty to one count of armed bank robbery and one count of brandishing a firearm during a crime of violence. Burgin admitted that he stole more than $8,000 at gunpoint from Bank Midwest, 6429 Brookside Blvd., Kansas City, Mo., on March 12, 2016.
Burgin and another man were both armed with handguns, which were pointed at the tellers and customers, when they entered the bank. One of them grabbed a customer from behind and they ordered another employee and a customer to the ground. The teller placed the money in a duffle bag and they fled from the bank.
Kansas City police officers saw a vehicle parked in Burgin’s driveway about half an hour later that matched the description of the get-away car. Inside Burgin’s residence, officers found a Crown Royal bag in the rafters that contained $8,155, as well as firearms (a Kel-Tec 9mm pistol laying on the bed and a Bersa .380-caliber pistol hidden in Burgin’s mattress) and clothing items (a white hard hat and a construction vest) matching the description of what the bank robbers were wearing.
Burgin was found guilty at trial in Jackson County Circuit Court of murder in the second degree on Oct. 31, 1980, after fatally shooting a woman. Burgin was sentenced to 50 years in prison. He was released on parole in November 2004, but his parole was revoked in May 2007. He was released on parole again in May 2009, but a parole violation warrant was issued on March 15, 2016.
This case was prosecuted by Assistant U.S. Attorney Alison D. Dunning. It was investigated by the Kansas City, Mo., Police Department, the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Justice Department Seeks to Obtain Denaturalization of Man with Alleged Participation in Extrajudicial Killings during the Balkans ConflictRead the Press Release
The United States today filed a civil denaturalization complaint in the Northern District of Iowa against a 51-year old man who allegedly obtained his naturalized U.S. citizenship by fraud, the U.S. Department of Justice and U.S. Immigration and Customs Enforcement (ICE) announced.
Eso Razic, a native of the former Yugoslavia and subsequently a citizen of the Republic of Bosnia and Herzegovina, allegedly concealed his service in multiple paramilitary organizations during the conflict in the Balkans in the early 1990s. The United States alleges that while serving as a member of those combatant groups, Razic participated in the extrajudicial killing of three individuals, including a wounded prisoner of war. The complaint alleges that Razic fraudulently obtained permanent resident status and citizenship by misrepresenting and concealing his membership in and conduct with these groups.
“The Department of Justice is committed to ensuring that our immigration system serves the national interest,” said Acting Assistant Attorney General Chad Readler of the Justice Department’s Civil Division. “When our immigration system and public safety are undermined by fraudsters, the Justice Department will prosecute them and use civil denaturalization to protect the integrity of our nation’s immigration system and defend the security of our nation.”
“Laws that regulate access to United States citizenship must be respected,” said Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa. “Our office will work vigorously with our enforcement partners to ensure that naturalization is reserved for qualified individuals and that the rule of law is upheld.”
“This denaturalization filing demonstrates the U.S. government’s enduring commitment to identify and bring to justice those who have committed human rights violations in any part of the world,” said ICE Homeland Security Investigations Deputy Executive Associate Director Derek Benner. “The United States will not serve as a safe haven for those who have committed such atrocities and then fled from justice. We will identify, locate, and work to prosecute and/or remove human rights violators in the U.S. regardless of their nationality, ethnicity, or religious background.”
The case was investigated by ICE’s Homeland Security Investigations (HSI) Human Rights Violator and War Crimes Unit (HRVWCU) and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS), with support from ICE’s Office of the Principal Legal Advisor (OPLA) Human Rights Law Section (HRLS). The case is being jointly prosecuted by Counsel for National Security Aaron Petty of OIL-DCS’s National Security and Affirmative Litigation Unit (NS/A Unit) and Assistant U.S. Attorney Jacob Schunk of the U.S. Attorney’s Office for the Northern District of Iowa, with support from Assistant Chief Counsel Abby Meyer of ICE OPLA, Omaha Office.
The claims made in the complaint are allegations only, and there have been no determinations of liability.
Jury Convicts KC Man of Crack Cocaine, FirearmsRead the Press Release
KANSAS CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was convicted by a federal trial jury today of distributing crack cocaine and illegally possessing firearms.
Lamont E. Owens, 47, of Kansas City, was found guilty of all eight charges contained in an Aug. 31, 2016, federal indictment. Owens was convicted of possessing crack cocaine with the intent to distribute, possessing firearms in furtherance of a drug-trafficking crime, being a felon in possession of a firearm and five counts of distributing crack cocaine. Owens has been in federal custody since his arrest in October 2015, and remains in federal custody pending a sentencing hearing.
According to evidence introduced during the trial, Owens sold crack cocaine to an undercover detective on five separate occasions between Aug. 31 and Oct. 20, 2015. Officers executed a search warrant at Owens’s residence on Oct. 27, 2015, and arrested him. He was in possession of 75 separate baggies that contained a total of 15 grams of crack cocaine.
When officers searched the residence they seized an additional 49 grams of crack cocaine, approximately 30 grams of powder cocaine, approximately 125.8 grams of marijuana, a Grand Power 9mm handgun, a Rossi .357-caliber revolver, various rounds of ammunition and $9,829.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for about three hours before returning the guilty verdicts to U.S. Chief District Judge Greg Kays, ending a trial that began Tuesday, Jan. 16, 2018.
Under federal statutes, Owens is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life 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 Stefan C. Hughes and Special Assistant U.S. Attorney Kim Moore. It was investigated by the Kansas City, Mo., Police Department.
January 2018 Grand JuryRead the Press Release
Acting United States Attorney Robert C. Stuart announced the federal Grand Jury for the District of Nebraska has returned 29 indictments charging 30 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Mark M. Ackerman, age 31, of Crete, Nebraska is charged in a 15 Count Indictment with Wire Fraud on or about January 1, 2010 through October 15, 2017. The Indictment alleges Ackerman, an office manager at Vertical Horizons Contracting, Inc., defrauded VHC causing losses of $1,741,369.05. The maximum possible penalty if convicted is 20 years imprisonment for each count, a $250,000 fine for each count, a 3 year term of supervised release for each count, and a $100 special assessment for each count.
* Pedro Ajin, age 58, of O’Neill, Nebraska, is charged with illegal reentry after deportation following a felony conviction on or about December 13, 2017. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Gilberto Antonio Baltazar, age 47, of Omaha, is charged with illegal reentry of a removed Alien after deportation on or about January 4, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Bayron Remberto Cruz Lopez, age 35, is charged with illegal reentry of a previously removed Alien after deportation on or about December 18, 2017. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Calvin Dugan, age 29, is charged with possession of child pornography on or about December 13, 2017. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, 5 years-Life term of supervised release, a $100 special assessment with an additional special assessment of $5,000.
* Johnny Hernandez Hernandez, age 32, is charged with illegal reentry after deportation on or about December 14, 2017. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Randall Hughes, age 57, of Lincoln, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with production of child pornography on or about December 13, 2017. The maximum possible penalty if convicted is 15-30 years imprisonment, a $250,000 fine, 5 years-Life term of supervised release, a $100 special assessment with an additional special assessment of $5,000. Count II of the Indictment charges the defendant with production of child pornography on or about December 13, 2017. The maximum possible penalty if convicted is 15-30 years imprisonment, a $250,000 fine, 5 years-Life term of supervised release, a $100 special assessment with an additional special assessment of $5,000. Count III of the Indictment charges Hughes with possession of child pornography on or about December 13, 2017. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 5-Life term of supervised release, a $100 special assessment with an additional special assessment of $5,000 for each count.
* Juanita Lara, age 34, is charged with conspiracy to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine beginning on or about December, 2015 and continuing to on or about December 15, 2017. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Richard Meloccaro, a/k/a Rick, age 53, is charged in a two-count Indictment. Count I charges the defendant with conspiracy to distribute 50 grams or more of methamphetamine beginning on or about November, 2016, and continuing to on or about November 28, 2017. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine on or about November 11, 2017. The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about November 28, 2017.
* Tyler Palmer, age 24, of Columbus, Nebraska, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine on or about November 21, 2017. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with using, carrying, or possessing a firearm in connection with a drug trafficking crime on or about November 21, 2017. The maximum possible penalty if convicted is Life consecutive imprisonment, a $250,000 fine, a 5 year term of supervised release and $100 special assessment.
* Gregorio F. Rangel-Avila, age 38, of Gering, Nebraska, is charged with illegal reentry after deportation on or about October 8, 2017. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Robert E. Sanford, age 36, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with bank robbery on or about January 11, 2018. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Sanford with bank robbery on or about December 26, 2017. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Michael R. Schweitzer, age 47, of Beatrice, Nebraska, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with threatening an employee of the Social Security Administration on or about July 20, 2017. The maximum possible penalty if convicted is 6 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Schweitzer threatening an employee of the Social Security Administration on or about June 30, 2015. The maximum possible penalty if convicted is 6 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
Jacksonville Man Sentenced to Six Years in Federal Prison for Downloading Child Sexual Abuse Videos and Images Using the “Dark Web”Read the Press Release
Jacksonville, Florida – United States District Judge Brian J. Davis today sentenced Jason Dean Barnes (42, Jacksonville) to six years in federal prison for downloading child sexual abuse images and videos over the Internet using the “dark web.” He was also ordered to serve a 10-year term of supervision following his release and must register as a sex offender. Barnes was found guilty on September 18, 2017, following a bench trial.
According to court documents, FBI agents began an online undercover investigation to identify individuals who were using a particular anonymizing website on the “dark web” to access and download images and videos depicting child pornography. Agents identified Barnes after he had accessed child pornography on this website on February 28 and March 3, 2015. A search warrant was then executed at Barnes’s residence and, during an interview, he admitted to searching for, downloading, and viewing child pornography for his own sexual gratification. A forensic examination of his laptop computer revealed that it contained at least 500 videos and 5,000 images depicting child pornography.
This case was investigated by the Federal Bureau of Investigation and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Inmate Pleads Guilty to Mailing Threats, Powder to Federal OfficialsRead the Press Release
CINCINNATI – Rodney D. Cydrus, 48, formerly of Chillicothe, pleaded guilty in U.S. District Court to mailing threatening communications. Cydrus was an inmate at Lebanon Correctional Institution at the time of this offense.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, and Yvonne DiCristoforo, Special Agent in Charge, U.S. Secret Service, announced the plea entered into today before U.S. District Judge Michael R. Barrett.
According to court documents, on five separate occasions in January 2017, Cydrus mailed letters threatening to injure numerous government officials, including the President of the United States, federal judges, the FBI and the Federal Public Defender’s Office. Four of the letters were addressed to the FBI and one letter was addressed to the Federal Public Defender’s Office.
As part of the threat, Cydrus included a powdered substance (namely his own medication) in the letter to the Federal Public Defender’s Office on January 17, 2017.
Cydrus was indicted by a federal grand jury in February 2017.
Mailing threatening communications is a crime punishable by up to 10 years in prison.
U.S. Attorney Glassman commended the investigation of this case by the FBI and U.S. Secret Service, as well as Assistant United States Attorney Timothy S. Mangan, who is prosecuting the case.
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Indictment: Three Kansas Residents Made Illegal Firearms PurchasesRead the Press Release
TOPEKA, KAN. – An indictment unsealed Thursday alleges three Kansas residents lied on forms they filled out to purchase firearms, U.S. Attorney Tom Beall said. All three defendants were soldiers stationed at Fort Riley.
Johny Perez, 26, Junction City, Kan., is charged with six counts of making false statements on ATF Form 4473 when he purchased firearms from licensed dealers, and one count of dealing firearms without a federal license. Jorge Flores, 26, Fort Riley, is charged with two counts of making false statements when he purchased firearms. Maya George, 22 Fort Riley, is charged with one count of making a false statement when she purchased firearms.
All three defendants are accused of falsely denying that they were acquiring the firearms on behalf of other buyers. The firearms were purchased from Jack and Dick’s Jewelry and Loan in Junction City, Godfrey’s Indoor Shooting and Archery Ranges in Junction City and Quantico Tactical Supply in Junction City.
If convicted, they face up to 10 years in federal prison and a fine up to $250,000 on each count of making a false statement. Dealing guns without a license carries a penalty of up to five years and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Indictment: Police Officers Tried to Out Undercover Investigator at Poker GameRead the Press Release
WICHITA, KAN. – Two Wichita police officers and a gambling operator tried to out an undercover investigator at a poker game, a federal indictment unsealed today alleges.
Three men are charged with obstructing a criminal investigation, U.S. Attorney Tom Beall said. Bruce Mackey, 45, Goddard, Kan., a Wichita police officer, Michael Zajkowski, 50, Wichita, Kan., who is no longer a Wichita police officer, and Brock Wedman, 48, St. Marys, Kan., are charged with one count of obstructing law enforcement. In addition, Wedman is charged with lying to the FBI about the incident.
The indictment alleges that Wedman and a co-conspirator operated a gambling business and sponsored an illegal poker game on Feb. 12, 2014, in Wichita. When Wedman began to suspect there was an undercover officer at the game, he wanted to know if the car the man was driving belonged to the city of Wichita.
Wedman and a co-conspirator asked Zajkowski and Mackey, both of whom were Wichita police officers at that time, for help. Zajkowski and Macey made a series of calls and sent texts attempting to use police resources to determine who owned the car. They gave Wedman reason to believe an undercover officer was present and they confirmed his car was registered to the City of Wichita and in service to the Wichita Police Department.
When the FBI interviewed Wedman in February 2017, he falsely denied he gave the co-defendants the license plate number and VIN number of the car and asked them to find out who owned it.
Upon conviction, both counts carry a penalty of up to five years in federal prison and a fine up to $250,000. The Wichita Police Department. the FBI and the Internal Revenue Service investigated. Assistant U.S. Attorney Aaron Smith and Assistant U.S. Attorney Mona Furst are prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduc
Illegal alien sentenced to 24 months in prison for returning to the United StatesRead the Press Release
LAFAYETTE, La. – United States Attorney Alexander C. Van Hook announced that a Mexican national was sentenced last week to 24 months in prison for reentering the United States illegally for the third time.
Isais Hernandez-Vasquez, 33, of Mexico, was sentenced Friday by U.S. District Judge Dee D. Drell on one count of reentry by a removed alien without permission. According to the September 7, 2017 guilty plea, Hernandez-Vasquez was arrested on July 17, 2014 in St. Martin Parish. He pleaded guilty and was convicted on June 2, 2017 of attempted possession of methamphetamine. Agents later encountered him and discovered that he had been previously removed from the United States. He was removed on August 27, 2009 and April 3, 2014 after criminal convictions. He was not authorized to return to the United States.
United States Immigration and Customs Enforcement conducted the investigation. Assistant U.S. Attorney Dominic Rossetti prosecuted the case.
Hobart Man Sentenced to 447 Months ImprisonmentRead the Press Release
HAMMOND - United States Attorney Thomas L. Kirsch II announced that George J. Jonaitis III, 42, of Hobart, Indiana was sentenced before District Court Judge James T. Moody for enticement of a minor and committing a felony involving a minor as a registered sex offender.
Jonaitis was sentenced to 447 months’ imprisonment and 10 years of supervised release.
According to documents in this case, on or about January 14, 2017, Jonaitis used a social media platform to communicate with Jane Doe. He asked Jane Doe if she wanted to have sex. Jonaitis knew Jane Doe was 14-years old when he asked her whether she wanted to have sex. He also sent Jane Doe graphic pictures of himself. He was attempting to get Jane Doe to send him images of her that would constitute child pornography and was further attempting to entice Jane Doe into performing sex acts at a later date. He conducted the social media conversation with Jane Doe on January 14, 2017 while he was located in the Northern District of Indiana. On January 14, 2017, he was required to register as a sex offender based upon prior convictions. Jonaitis was previously convicted, in 1995 and 2004, of child molesting.
This case was investigated by the Federal Bureau of Investigation (FBI) and was handled by Assistant U.S. Attorney Joshua P. Kolar.
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HSBC Holdings Plc Agrees to Pay More Than $100 Million to Resolve Fraud ChargesRead the Press Release
United Kingdom-based global financial services company HSBC Holdings plc (HSBC) entered into a deferred prosecution agreement (DPA) and agreed to pay a $63.1 million criminal penalty and $38.4 million in disgorgement and restitution to resolve charges that it engaged in a scheme to defraud two bank clients through a multi-million dollar scheme commonly referred to as “front-running.” The DPA, which was filed in connection with a two-count criminal information charging wire fraud in the United States District Court for the Eastern District of New York, is pending review by the Court.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation (FDIC) and Special Agent in Charge Timothy R. Slater of the FBI Washington Field Office’s Criminal Division made the announcement.
“HSBC’s admissions in connection with this resolution confirm that the company misused confidential client information for its own profit on more than one occasion,” said Acting Assistant Attorney General Cronan. “This sort of misconduct not only harmed their clients, costing the victims money, but it also ran a serious risk of undermining the public’s confidence in our financial markets. The Department of Justice takes these types of cases seriously and will hold to account financial institutions and individuals that circumvent the rule of law in favor of illicit profits.”
“Today’s agreement represents that the financial services company, HSBC Holdings, is responsible for the conduct of its employees, and that it must not be permitted to benefit from the fraud committed by bank personnel,” said Inspector General Lerner. “Such financial crimes violated the trusted relationships between HSBC and its clients, and therefore, we are pleased to join our law enforcement partners in combating this misconduct.”
"HSBC defrauded two bank clients in a front-running scheme that enabled them to acquire millions of dollars to benefit their institution and harm their clients," said Special Agent in Charge Slater. "The FBI remains dedicated to ensuring the integrity is upheld in the financial services industry, and prosecuting those who engage in illegal business practices."
According to HSBC’s admissions, on two separate occasions in 2010 and 2011, traders on its foreign exchange desk misused confidential information provided to them by clients that hired HSBC to execute multi-billion dollar foreign exchange transactions involving the British Pound Sterling. After executing confidentiality agreements with its clients that required the bank to keep the details of their planned transactions confidential, traders on HSBC’s foreign exchange desk transacted in the Pound Sterling for the traders and HSBC’s own benefit in their HSBC “proprietary” accounts. HSBC traders then caused the large transactions to be executed in a manner designed to drive the price of the Pound Sterling in a direction that benefited HSBC, and harmed their clients. HSBC also made misrepresentations to one of the clients, Cairn Energy, to conceal the self-serving nature of its actions. In total, HSBC admitted to making profits of approximately $38.4 million on the first transaction in March 2010, and approximately $8 million on the Cairn Energy transaction in December 2011.
Pursuant to its agreement with the Justice Department, HSBC agreed to pay a criminal penalty of $63.1 million. HSBC also agreed to continue to cooperate with the department and with foreign authorities in any ongoing investigations and prosecutions relating to the conduct (including of individuals), to enhance its compliance program, and to pay $38.4 million in disgorgement and restitution for its conduct related to one of the two victim companies. HSBC previously settled with the other victim company, Cairn Energy, for approximately $8 million, which the Department credited as full restitution for Cairn.
The Department reached this resolution based on a number of factors, including the approximately $46.4 million that HSBC gained from the offense; the bank’s remedial measures to date, including dedicating significant resources to improving its systems and controls and terminating the employment of employees involved in wrongdoing; and the bank’s commitment to continuing to enhance its compliance program and internal controls. HSBC did not receive credit for voluntarily disclosing the misconduct. HSBC received substantial cooperation credit because, although as detailed in the DPA, the bank’s initial cooperation with the government’s investigation was deficient in certain respects, after being notified of the Department’s concerns, HSBC changed course and its cooperation improved substantially.
In connection with the government’s investigation, Mark Johnson was charged on Aug. 16, 2016 with one count of conspiracy to commit wire fraud as well as 10 counts of wire fraud stemming from the Cairn Energy transaction. Johnson, the former head of foreign exchange cash trading at HSBC, was found guilty on Oct. 23, 2017 of one count of conspiracy and eight counts of wire fraud after a four-week jury trial in Brooklyn, New York. His sentencing is scheduled for Feb. 15.
The investigation was conducted by the FDIC’s Office of Inspector General and the FBI’s Washington Field Office. Assistant Chiefs Carol Sipperly and Brian Young and Trial Attorney Blake Goebel of the Criminal Division’s Fraud Section are prosecuting the case. The U.S. Attorney’s Office for the Eastern District of New York and the Criminal Division’s Office of International Affairs provided significant support.
Four Women Charged in Conspiracy to Distribute Thousands of Oxycodone Pills in Hunterdon County, New JerseyRead the Press Release
NEWARK, N.J. – Four women appeared in federal court today to face charges of running an oxycodone distribution conspiracy in Flemington, New Jersey, and elsewhere, U.S. Attorney Craig Carpenito announced.
Alicia Balaban, 35, of Wellington, Florida, Michele Call, 63, of Flemington, Nelida Rios, 55, of Flemington, and Marie DeJulia, 42, of Lodi, New Jersey, are each charged by criminal complaint with one count of conspiracy to distribute oxycodone.
Balaban was arrested this morning in Wellington and appeared before U.S. Magistrate Judge James J. Hopkins in West Palm Beach federal court. Call, DeJulia, and Rios were taken into custody this morning in New Jersey and appeared this afternoon before U.S. Magistrate Judge Mark Falk in Newark federal court. All four defendants were released on bail.
According to the complaint:
Balaban, who is Calls’s daughter and DeJulia’s friend, is the alleged leader of the drug trafficking conspiracy. From April 2016 through January 2018, Balaban, Call, and Rios allegedly worked together to secure prescriptions for oxycodone, fill them at pharmacies in Flemington, and then distribute the pills to DeJulia from Call and Rios’s Flemington residences. The conspirators allegedly distributed thousands of 30 mg oxycodone pills.
The drug distribution conspiracy charge carries a a maximum potential penalty of 20 years in prison and a $1 million fine.
U.S. Attorney Carpenito credited special agents of the Drug Enforcement Administration’s New Jersey Division, under the direction of Special Agent in Charge Valerie Nickerson in Newark, with the investigation leading to the charges.
The charge and allegations in the complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty.
The government is represented by Assistant U.S. Attorney Danielle Alfonzo Walsman of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark.
Defense counsel:
DeJulia: Steven Lember Esq., Flemington
Balaban: Michael Caruso Esq., Federal Public Defender, Southern District of Florida
Call: Linda Foster Esq., Assistant Federal Public Defender, Newark
Rios: Linwood A. Jones Esq., East Orange, New Jersey
Fort Worth Man Sent to Prison for Importing Nearly 30 Kilos of MethRead the Press Release
McALLEN, Texas – A 38-year-old Fort Worth area man has been ordered to federal prison following his conviction of conspiracy to import 29 kilograms of methamphetamine, announced U.S. Attorney Ryan K. Patrick. Manuel Martinez Jr. pleaded guilty Aug. 31, 2017.
Today, U.S. District Judge Micaela Alvarez, who accepted the guilty plea, handed Martinez a 120-month sentence.
On April 30, 2017, Martinez arrived at the Anzalduas Port of Entry from Mexico with his sister – Ofelia Hernandez Vasquez, 24, also of Fort Worth. Vasquez was driving the vehicle which had numerous milk and juice containers in the backseat. Upon Investigation, federal agents soon discovered 29 kilograms of methamphetamine hidden within those bottles.
Martinez admitted he assisted his sister in importing the narcotics-laden drinks from Mexico and that he did so to keep her safe from drug cartels.
In imposing the prison term, the court noted that although she believed his motivation was to protect his sister, that didn’t excuse his criminal conduct. Judge Alvarez also cited his lengthy criminal record and that as the older sibling he should have used his common sense to talk his sister out of the crime, rather than help her commit it.
Vasquez also pleaded guilty for her role in the offense and is awaiting sentencing.
Both will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations and Customs and Border Protection conducted the investigation. Assistant U.S. Attorney David A. Lindenmuth is prosecuting the case.
Former Federal Corrections Officer who Accepted Bribes Sentenced to 15 Months in PrisonRead the Press Release
CONCORD, N.H. – A former corrections officer at the Federal Corrections Institution in Berlin, New Hampshire, Latoya Sebree, 37, has been sentenced to 15 months in prison for accepting bribes from inmates, Acting United States Attorney John J. Farley announced.
According to court documents, the criminal investigation began when law enforcement agents received information that Sebree was providing marijuana and other controlled substances, cell phones, tobacco and other contraband to inmates in exchange for cash payments. Thereafter, during communications that were monitored by the law enforcement agents, Sebree agreed to deliver a cell phone and a quantity of tobacco to in an inmate in exchange for $2,000. The items were shipped in a package to Sebree’s post office box. Sebree removed the package from the post office and then drove to her former residence in Milan, New Hampshire. When investigators went to Sebree’s home to execute a search warrant, she gave them the $2,000 and the cell phone. While being questioned by law enforcement agents, Sebree admitted that she had provided controlled substances, cell phones, and other prohibited items to inmates over a several week period, in exchange for cash. During the search of Sebree’s home, investigators seized Suboxone strips, a heat sealer, tobacco in various stages of packaging, as well as other evidence.
Sebree pleaded guilty on September 5, 2017 to accepting bribes. After serving her sentence, Sebree will be on supervised release for one year.
“The public deserves honest service from its civil servants,” said Acting U.S. Attorney Farley. “This officer betrayed the public trust and undermined the safety and integrity of a federal prison facility by taking bribes to smuggle contraband into a prison. This type of conduct cannot be tolerated. Those who attempt to profit from their public positions will be prosecuted aggressively.”
“The smuggling of cell phones and drugs into our federal prison system puts correctional officers and staff, inmates, and the community at risk,” stated Ronald G. Gardella, Special Agent-in-Charge of the Department of Justice (“DOJ”), Office of the Inspector General’s New York Field Office. “The OIG will continue to work with its law enforcement partners to investigate and bring to justice any DOJ employee involved in prison contraband smuggling.”
“It’s very troubling that Ms. Sebree sought to profit from her position by accepting bribes from inmates and providing contraband for cash,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division (FBI). “Greed and corruption have no place in our criminal justice system, and the FBI is committed to identifying corrupt public employees like Sebree, who undermine the confidence and trust expected from those in public service.”
The U.S. Department of Justice, Office of the Inspector General and the Federal Bureau of Investigation investigated the case, with support from FCI-Berlin’s Office of the Special Investigative Supervisor. The case was prosecuted by Assistant United States Attorney Robert Kinsella.
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Former Dublin High School Teacher Sentenced to 262 Months in Prison for Making Child Porn via Photos, Videos of Former StudentsRead the Press Release
COLUMBUS, Ohio – Gregory R. Lee, 53, of Columbus, was sentenced today in U.S. District Court to 262 months in prison and 20 years of supervised release and a $10,000 fine for production of child pornography.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, Franklin County Prosecutor Ron O’Brien, Westerville Police Chief Joseph Morbitzer, Dublin Police Chief Heinz von Eckartsberg and other members of the FBI’s Child Exploitation Task Force announced the sentence imposed by U.S. District Judge Michael H. Watson.
According to the Statement of Facts in this case, the parents of a teenage female contacted Dublin Police in May 2017 after discovering information in the teenager’s personal journal regarding sexual activity with Lee, who had been her high school teacher at Dublin Scioto High School.
While being interviewed by law enforcement, the victim admitted that she and Lee engaged in oral sex on numerous occasions in Lee’s classroom and in his vehicle beginning when she was 15 years old. She said Lee also instructed her to create and exchange nude photographs through her phone.
A forensic examination of Lee’s electronic devices uncovered approximately 234 images of the victim, at least 49 of which depicted the minor in various stages of nudity. The victim confirmed that Lee had taken some of the nude pictures of her that were found on his devices.
The forensic examination also revealed nude images of another female that was believed to be a former student of Lee’s. The former student confirmed that she took the photographs with her cell phone when she was 17 years old and sent them to Lee.
“This offense involves a significant violation of the trust placed in Lee as a teacher,” U.S. Attorney Glassman said. “He engaged in a sexual relationship with a student who was more than 30 years his junior. She was a child, and it was his duty as the adult to prevent any inappropriate interactions with his students. He failed that duty miserably, and his sentence today reflects the seriousness of his crime.”
U.S. Attorney Glassman commended the investigation of this case by the FBI, Dublin Police and Task Force Officers, as well as Assistant United States Attorney Heather A. Hill and Special Assistant United States Attorney Jennifer M. Rausch, Director, Franklin County Special Victim’s Unit, who are representing the United States in this case.
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Former Corrections Officer Pleads Guilty to Contraband Smuggling at Jackson County Detention CenterRead the Press Release
KANSAS CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced that a former corrections officer at the Jackson County Detention Center pleaded guilty in federal court today to her role in a conspiracy to smuggle contraband cell phones and other items to inmates at the Jackson County Detention Center.
Jalee Caprice Fuller, 30, of Independence, Mo., pleaded guilty before U.S. District Judge Gary A. Fenner to the charge contained in a July 18, 2017, federal indictment.
Fuller admitted that she conspired with others – including an inmate at the Jackson County Detention Center – to smuggle contraband to inmates between May 2 and June 26, 2017. Fuller also admitted that she actually smuggled contraband into the Jackson County Detention Center and delivered the contraband to an inmate.
Co-defendant Marion Lorenzo Byers, also known as “Cuddy,” 36, of Kansas City, pleaded guilty to the same offense on Dec. 6, 2017. By pleading guilty, Byers acknowledged that this federal conviction provides a sufficient basis to revoke his current probation in an unrelated state case. The government will seek to have whatever sentence is imposed in this case run consecutive to whatever revocation sentence may be imposed in state court.
Under federal statutes, Fuller and Byers are each subject to a sentence of up to five 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. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
The Travel Act
The Travel Act makes it a crime to use a facility of interstate commerce (such as telephone calls) with the intent to further unlawful activity. The Travel Act’s definition of “unlawful activity” includes bribery in violation of the laws of a state. Missouri state law makes it a crime for a public servant to solicit or accept a bribe in return for violating a known legal duty. This crime is known under Missouri state law as acceding to corruption, and it is a companion or sister statute to the Missouri state statute that makes it a crime for someone to bribe a public servant. These two Missouri state statutes criminalize bribery conduct involving a public servant, both for the person paying the bribe and for the public servant taking the bribe.
Fuller and Byers admitted they conspired to violate the Travel Act by using a facility of interstate commerce (a telephone) to facilitate the promotion of an unlawful activity, that is, acceding to corruption.
This case is being prosecuted by Deputy U.S. Attorney Gene Porter and Assistant U.S. Attorney Brent Venneman. It was investigated by the FBI and the Jackson County, Mo., Sheriff’s Department with assistance from the Missouri Department of Corrections, the Kansas City, Mo., Police Department and the Jackson County Detention Center.
Florida Man Sentenced to Prison for Making Telephonic Threat to Shoot Congregants at the Islamic Center of Greater MiamiRead the Press Release
U.S. District Judge Marcia G. Cooke sentenced a Miami-area man to 12 months and one day in prison and three years’ supervised release for threatening to shoot members of a mosque in Miami Gardens, Florida, announced U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida and Acting Assistant Attorney General John Gore of the Civil Rights Division.
Gerald Wallace, 35, pleaded guilty in October 2017 in the Southern District of Florida to one count of obstructing the free exercise of religious beliefs for making the threatening call. During the plea hearing, Wallace admitted that on the evening of Feb. 19, 2017, Wallace left a voicemail message for the Islamic Center of Greater Miami, located in Miami Gardens, Florida. The defendant admitted leaving a hate-filled and profanity-laden message against Islam, the prophet Mohammed, and the Koran, during which he threatened to go to the mosque, and stated, “I’m gonna shoot all ya’ll.” He further admitted that by leaving this threatening message, he obstructed congregants who worship at the Islamic Center from freely exercising their religious beliefs.
“Hate crimes violate our country’s most fundamental principles,” said U.S. Attorney Benjamin G. Greenberg. “Wallace was sentenced for depriving the Islamic Center’s congregants of the right to freely exercise their religion. This office will continue to aggressively prosecute hate crimes in order to protect those in our community who would otherwise fall victim to discriminatory violence.”
“Our Constitution and laws guarantee all people – regardless of where they worship – the right to live free from violence and discrimination,” said Acting Assistant Attorney General John Gore. “The Justice Department will continue to vigorously prosecute those who commit violent acts of hate by threat or action.”
This case was investigated by the FBI’s Miami Area Corruption Task Force and the Miami Gardens Police Department. The case was prosecuted by Assistant U.S. Attorney Harry C. Wallace, Jr. of the Southern District of Florida and Trial Attorney Samantha Trepel of the Civil Rights Division.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Florida Couple Pleads Guilty in Brooklyn Federal Court to Smuggling Protected LovebirdsRead the Press Release
Earlier today, in federal court in Brooklyn, Robert Burgos and Vanessa Burgos pleaded guilty to an illegal importation of wildlife conspiracy stemming from a scheme to illegally import a dozen Fischer Lovebirds from Indonesia and elsewhere into the United States without a required permit, in violation of the Endangered Species Act. Today’s proceeding took place before United States Magistrate Judge Ramon E. Reyes, Jr.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Edward Grace, Acting Chief of Law Enforcement, United States Fish and Wildlife Service (FWS), announced the guilty pleas.
Fischer Lovebirds, also known as Agapornis fischeri, are protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), an international treaty that protects wildlife that may become endangered due to the demands of international markets. As a result, Fischer Lovebirds may be imported into the United States from a foreign country only if the importer possesses a valid CITES export or re-export permit from the foreign country of origin.
As detailed in court filings, in late June 2015, a shipment of Fischer Lovebirds, arrived at John F. Kennedy International Airport in Queens, New York, from Madrid, Spain, falsely labelled as Rosy-Faced Lovebirds (or Agapornis roseicollis), which are not CITES-protected. The shipment was imported by Aviary La Familia, Inc., a Florida-based company operated by the defendants, who are married. During the time that the shipment was held at the United States Department of Agriculture (USDA) quarantine center in New York, the USDA sent photographs of the lovebirds to a forensic ornithologist at the FWS National Forensics Laboratory, who confirmed that the lovebirds were not Rosy-Faced Lovebirds, but were, in fact, Fischer Lovebirds.
When sentenced, the defendants each face a maximum sentence of five years’ imprisonment.
The government’s case is being prosecuted by Assistant United States Attorney Alicia N. Washington.
The Defendants:
ROBERT BURGOS
Age: 43
Residence: Avon Park, FloridaVANESSA BURGOS
Age: 33
Residence: Avon Park, FloridaE.D.N.Y. Docket No. 17-CR-329 (FB)
Federal inmates plead guilty to weapons chargesRead the Press Release
BECKLEY, W.Va. – Two inmates who possessed weapons at the Federal Correctional Institution at Beckley pleaded guilty today, announced United States Attorney Mike Stuart. Daqone Lance, 23, pleaded guilty to possession of a weapon by an inmate. In a separate prosecution, Michael Camp, 29, entered his guilty plea to the same federal weapons charge. U.S. Attorney Stuart commended the Federal Bureau of Prisons for their investigative work on these cases.
Lance admitted that on June 3, 2017, a Bureau of Prisons staff member located an object in the waist band of his pants. The object was a handcrafted weapon consisting of a sock tied to a combination lock.
In a separate prosecution, Camp admitted that on July 17, 2017, a Bureau of Prisons staff member discovered an object in Camp’s boot. The object was a handcrafted weapon commonly referred to as a “shank.” The shank was a toothbrush about six inches long and sharpened to a point on one end.
Lance and Camp each face up to five years in federal prison when they are sentenced on April 25, 2018.
Assistant United States Attorney John File is handling these prosecutions. United States District Judge Irene C. Berger presided over the plea hearings.
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Fayette County man pleads guilty for role in federal drug conspiracyRead the Press Release
BECKLEY, W.Va. – A Fayette County man pleaded guilty today for his role in a drug trafficking conspiracy, announced United States Attorney Mike Stuart. Donald L. Scalise, 60, of Montgomery, entered his guilty plea to conspiracy to distribute and possess with intent to distribute oxycodone. Scalise is one of 23 defendants indicted in June 2017 after a comprehensive investigation of drug trafficking in Southern West Virginia.
U.S. Attorney Stuart commended the cooperative investigative efforts of several agencies. The investigation was led by the Federal Bureau of Investigation and the Raleigh County Drug and Violent Crime Task Force. The Drug Enforcement Administration, the Beckley Police Department, the Raleigh County Sheriff’s Department, the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service provided assistance throughout the investigation.
Scalise admitted that between May 2017 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants. During this time period, Scalise admitted to working with Cheyenne Fragale and others to obtain oxycodone pills to distribute in and around Fayette County. Scalise admitted that he purchased between 30 and 100 pills at a time, though some of the pills were for personal use. He further admitted to distributing or possessing with intent to distribute approximately 850 oxycodone 30 mg tablets. As part of the plea agreement, Scalise agreed to forfeit $4,193, the illegal proceeds of his drug trafficking activity, and seven firearms. Law enforcement seized the cash and firearms from his residence after his arrest on June 28, 2017. Scalise admitted that the drug trafficking organization was responsible for distributing not only oxycodone, but also methamphetamine and heroin in and around Fayette County.
Scalise faces up to 20 years federal prison when he is sentenced on April 25, 2018.
Other individuals implicated as a result of this drug investigation have entered guilty pleas and are awaiting sentencing. Cheyenne Fragale and Macon Fragale, two brothers from Boomer in Fayette County, previously pleaded guilty to conspiracy to distribute and to possess with intent to distribute more than 500 grams of methamphetamine, a quantity of oxycodone, and a quantity of heroin. They both face a mandatory minimum of 10 years and up to life in federal prison when they are sentenced on March 14, 2018. Dominic Copney, of Beckley, previously entered a guilty plea to conspiracy to distribute and possess with the intent to distribute more than 500 grams of cocaine and more than 100 grams of heroin. He faces a mandatory minimum of five and up to 40 years in federal prison when he is sentenced on April 17, 2018. Detria Carter, of Beckley, previously pleaded guilty to possession with intent to distribute more than 500 grams of cocaine. She faces a mandatory minimum sentence of not less than five and up to 40 years in federal prision when she is sentenced on April 24, 2018. Velarian Carter, the brother of Detria Carter, previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of crack, and more than 100 grams of heroin. He faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on April 17, 2018.
Assistant United States Attorney Timothy D. Boggess is in charge of these prosecutions. The Scalise plea hearing was held before United States District Judge Irene C. Berger.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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FCI-Berlin Inmate Sentenced to 24 Months in Prison for Assaulting Another Inmate with a Box CutterRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that Audie Cruz-De Los Santos, 40, an inmate at the Federal Correctional Institution in Berlin, New Hampshire, was sentenced to serve an additional 24 months in federal for assaulting another inmate with a box cutter.
According to statements made in court and documents filed with the court, Cruz-De Los Santos assaulted another inmate from behind and slashed the neck of the inmate using a box cutter. The video surveillance system at FCI-Berlin captured Cruz-De Los Santos placing an object in a recycling container located within the unit where the assault took place. Prison staff retrieved a blood stained box cutter from the container immediately after the assault. The assaulted inmate was treated at Androscoggin Valley Hospital and then transferred to Dartmouth Hitchcock for surgery to treat the wound.
The defendant previously pleaded guilty on September 26, 2017. The sentence will run consecutive to the defendant’s current federal prison sentence for possessing a firearm.
The case was investigated by the staff at the Federal Bureau of Prisons. Assistant United States Attorney Donald Feith prosecuted the case.
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Emporia Crack Dealer Sentenced to 10 Years in PrisonRead the Press Release
RICHMOND, Va. – An Emporia man was sentenced today to 10 years in prison for participating in a large-scale crack cocaine, heroin and marijuana trafficking conspiracy in the Emporia area from March 2015 through June 2017.
According to court documents, Vincent Demond Anderson, aka “Moosey”, 41, was identified by law enforcement as a primary customer of Deron Powell, a large-scale drug trafficker in the Emporia area from 2013-2017. From at least March 2016 through June 2017, Anderson distributed approximately 700 grams of crack cocaine that he purchased from Powell. Law enforcement intercepted numerous cell phone calls between Powell and Anderson, negotiating the purchase of crack cocaine, cocaine hydrochloride, and marijuana for distribution in the Emporia area.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by Senior U.S. District Judge Robert E. Payne. Assistant U.S. Attorney Peter S. Duffey prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:17-cr-80.
Employees of United States Attorney’s Office Receive Special Achievement AwardsRead the Press Release
Gulfport, Miss. - Today, U.S. Attorney Mike Hurst recognized members of the U.S. Attorney’s Office for the Southern District of Mississippi with the presentation of the Southern District’s annual awards for superior performance in 2017.
"I want to congratulate these individuals for their significant accomplishments in 2017. They all individually performed above and beyond the call of duty and collectively served the public to the highest degree. Because of their hard work, the people of Mississippi are safer and more secure and their tax dollars have been protected. The public should be proud of these truly dedicated public servants," said U.S. Attorney Hurst.
Robert E. Hauberg Award for Distinguished Service - This award is named in honor of the achievements of former U.S. Attorney for the Southern District of Mississippi Robert E. Hauberg, the longest serving United States Attorney in the history of our nation. Mr. Hauberg was renowned for his public spirit including service as a professor and later as Dean of the Jackson School of Law. The Hauberg Award is granted annually by this District to an employee who has displayed superior achievement in their assigned duties and who has gone above and beyond the call of duty in some additional public service that makes a significant impact on the community.
The 2017 recipient of the Robert E. Hauberg Award is Deputy Criminal Chief for Narcotics, John Meynardie. Mr. Meynardie is the Chief of the Organized Crime Drug Enforcement Task Force (OCDETF) program in the Southern District, regularly prosecuting major drug cases. In addition, he has gone above and beyond his duties as a prosecutor by preparing and presenting numerous programs to civic groups and area high school students on the dangers of opioid and synthetic drugs. In June 2016, he convened a working group to come up with a District strategy to combat opioids. In October 2016, he created and initiated for the Southern District a pilot program of instruction in area schools entitled "Pills, Needles and Designer Drugs." The initial presentations included a local elementary school and 14 lectures to Biloxi High School students to educate them on the extreme danger of opioids. Mr. Meynardie continues to offer this
program to area high schools. He has provided training to other districts on trying diversion cases, and he has taught, and continues to teach, at the U.S. Department of Justice’s National Advocacy Center on topics including drug prosecutions and the opioid epidemic. Mr. Meynardie has done all of this while consistently having the most criminal cases indicted and prosecuted in the Southern District. Recently, his expertise received national attention when he was recognized for indicting a Chinese national as the first manufacturer and distributor of fentanyl and other opiate substances to be indicted in the history of the United States, while being designated as a Consolidated Priority Organization Target (CPOT) by the Drug Enforcement Administration as one of the most significant drug trafficking threats in the world.
James B. Tucker Award for Superior Prosecutorial Service in Criminal Justice – This award is named for the first person to serve as Chief of the Criminal Division in the Southern District. Mr. Tucker distinguished himself in his position and gained a national reputation as a tough but judicious prosecutor throughout the state and throughout the Department of Justice. The award is presented each year to the Criminal Assistant United States Attorney having demonstrated superior prosecutorial service in the Criminal Division throughout the year.
The 2017 recipient of the James B. Tucker Award is Assistant U.S. Attorney Annette Williams. Ms. Williams led the prosecution of an international case dubbed "Operation Scams-R-Us" for which she and her trial team received national recognition. The case involved a large transnational criminal organization based in Nigeria and South Africa, which carried out a multitude of cyber and mail schemes targeting thousands of victims in the United States and elsewhere. The investigation and prosecution resulted in the indictments of 17 Nigerian citizens living in Nigeria, South Africa, Canada and the United States; a South African citizen; and 3 U.S. citizens. Of the 21 indicted defendants, two died pre-trial, four are fugitives, twelve entered guilty pleas and received sentences ranging from probation to 20 years, and three went to jury trial. The trial included over 60 witnesses, five from the South African Police, two cooperating defendants, and numerous victims from Seattle to Mississippi. The trial lasted sixteen days, ending with all three defendants found guilty of multiple counts. They were sentenced to 25, 95, and 115 years based on over $55,000,000 in losses. The case gained national attention and was recently featured on CNBC News (https://www.cnbc.com/2017/10/18/nigerian-con-artists-have-new-ways-theyre-using-to-steal-your-cash.html). Ms. Williams conducted this prosecution while also maintaining a very demanding, heavy caseload of criminal prosecutions.
Daniel E. Lynn Award for Superior Litigation Service in Civil Litigation – This award is named for Daniel E. Lynn, the first person to serve as Chief of the Civil Division in the Southern District. Mr. Lynn set the highest standards of excellence through selfless competence, integrity, and professionalism. The award is presented each year to the Assistant United States Attorney having demonstrated the most superior litigation service affecting the Civil Division throughout the year.
The 2017 recipient of the Daniel E. Lynn Award is Assistant U.S. Attorney Cynthia "Cindy" Eldridge. Over the past year, Mrs. Eldridge handled several significant cases, including
Gonzalez v. United States, 851 F.3d 538 (5th Cir. 2017), a Federal Tort Claims Act case that established new case law in the Fifth Circuit. In addition, with the retirement of another long-time Civil AUSA, Ms. Eldridge stepped up and volunteered to take over all bankruptcy matters previously handled by the retiring AUSA encompassing the entire District, requiring extensive travel. For the remaining few months of 2017, she concluded over 50 bankruptcy cases! She has zealously represented federal agencies, including the Small Business Administration, the Internal Revenue Service, and the U.S. Department of Agriculture. On a weekly basis, AUSA Eldridge reviews hundreds of filings to determine whether any United States interest requires her intervention.
Ms. Eldridge began her career with the Department of Justice in 1999 as an Assistant United States Attorney in the Civil Division, Southern District of Mississippi. She spent several years in both the Civil and Criminal Divisions, as well as a Resident Legal Advisor overseas with the U.S. Department of Justice. In 2015, she returned to this office as an AUSA in the Civil Division. In addition, Ms. Eldridge continues to be involved in numerous outreach efforts, including as a speaker at a workshop on employment discrimination and at a workshop with the Department’s Community Relations Service. In 2017, she also assisted in training federal agents with the U.S. Forest Service. Throughout 2017, she demonstrated superior advocacy skills and participated in outreach activities that significantly impacted the community, including the law enforcement community, in the Southern District of Mississippi.
Paulette Womack Support Staff Award for Superior Performance - This award was recently re-named to honor Paulette Womack, a long-time, much-loved member of the office who served as Secretary to the first Criminal Division Chief and as the Victim Witness Coordinator for the Southern District. She performed her work with tenacity, persistence and professionalism. This award is presented each year to the Support Staff Employee having demonstrated the most superior efforts in support of the mission of the District, whether it be in the area of administration or legal support.
The 2017 recipient of the Paulette Womack Award is Legal Assistant Deborah Bradford. Ms. Bradford is extremely competent in working on both civil and criminal cases within the office. Her legal knowledge, skills and abilities are unmatched, and she is always enthusiastic and eager to help with any office task. She supports three very busy Assistant U.S. Attorneys in the Gulfport branch office, all of whom rave about her dependability and trustworthiness. Ms. Bradford is dedicated and dependable and often stays well beyond her assigned duty hours to complete her work.
Empire Man Pleads Guilty to Mail Fraud in Connection to Deepwater Horizon Compensation FundRead the Press Release
U.S. Attorney Duane A. Evans announced that TONY RILEY, age 49, of Empire, Louisiana, pleaded guilty today before U.S. District Judge Jane Triche Milazzo to committing mail fraud in relation to the BP settlement fund for the Deepwater Horizon oil rig explosion.
According to court documents, RILEY submitted a claim for lost profits from his seafood business to the Gulf Coast Claims Facility (GCCF) and the Deepwater Horizon Economic Claims Center (DHECC). Initially, due to RILEY’S incomplete information, GCCF made a “Quick Pay” settlement offer of $25,000.00. RILEY did not accept that offer and subsequently submitted additional records that included false information to the GCCF and DHECC. In those records, RILEY inflated his income from his seafood business in 2009 in order to qualify for additional reimbursement from the settlement fund. In March 2013, due to the fraudulent information that RILEY submitted, the DHECC sent RILEY checks worth a total settlement of $221,681.62.
If convicted, he faces a maximum sentence of 20 years in prison, a $250,000.00 fine, and up to three years of supervised release. Sentencing is set for April 19, 2018 before Judge Milazzo.
U.S. Attorney Evans praised the work of the Secret Service New Orleans Field Office. Assistant United States Attorney Matthew Payne is in charge of prosecution.
Eldon Man Indicted for Child Sexual ExploitationRead the Press Release
JEFFERSON CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced today that an Eldon, Mo., man has been indicted by a federal grand jury for enticing a minor to engage in illicit sexual activity over a two-year period and for attempting to produce child pornography.
James Anthony Guthrie, III, 36, of Eldon, was charged in a two-count indictment returned under seal by a federal grand jury in Jefferson City, Mo., on Wednesday, Jan. 17, 2018. That indictment was unsealed and made public today upon Guthrie’s arrest and initial court appearance.
The federal indictment charges Guthrie with using the Internet and a cell phone to entice a child victim in North Carolina, between the ages of 12 and 16, to engage in illicit sexual activity from Dec. 1, 2015, to Dec. 18, 2017. Guthrie is also charged with attempting to produce child pornography on Dec. 18, 2017.
Garrison cautioned that the charges contained in this indictment 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 Ashley S. Turner. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Lebanon, Mo., Police Department and the Lake Area ICAC Task Force.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
El Paso, Texas Man Arrested on Federal Child Pornography Charges in New MexicoRead the Press Release
ALBUQUERQUE – Luis Fernando Moreno, 38, of El Paso, Texas, made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with producing and possessing child pornography. Moreno remains in federal custody pending a preliminary hearing and a detention hearing, which are scheduled for Jan. 23, 2018.
The criminal complaint alleges that Moreno produced and possessed child pornography in May 2013, in Dona Ana County, N.M. According to the complaint, the Sunland Park Police Department initiated an investigation into Moreno after responding to an allegation that Moreno allegedly recorded a minor victim with his cellular phone while the minor victim was showering. The complaint further alleges that images and videos of child pornography allegedly created by Moreno and depicting another minor victim were located on Moreno’s cellular phone and laptop computers.
The statutory penalty for a conviction on a production of child pornography charge is a mandatory minimum of 15 years and a maximum of 30 years of imprisonment. The statutory penalty for a conviction on a possession of child pornography charge is a maximum of ten years of imprisonment. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Las Cruces office of Homeland Security Investigations, the Sunland Park Police Department and the Las Cruces Police Department with assistance from the U.S. Marshals Service. Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For information about Project Safe Childhood, please visit http://www.justice.gov/psc/. Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Dubuque Men Sentenced for Involvement in Bank Robbery, Selling Heroin, and Possessing FirearmsRead the Press Release
Two Dubuque men who robbed the Fidelity Bank and Trust in Maquoketa, one of whom also sold heroin that led to an overdose and possessed firearms as a felon, were sentenced yesterday and today to federal prison terms.
Gregory Stapleton, age 32, from Dubuque, Iowa, received a 24-year prison sentence after an August 14, 2017, guilty plea to aiding and abetting bank robbery, distribution of heroin, furanyl fentanyl, and acryl fentanyl, resulting in serious bodily injury, and possession of a firearm as a felon.
Dante Rhodes, age 41, also from Dubuque, received a 9-year prison sentence after an August 7, 2017, guilty plea to bank robbery.
At their respective guilty plea hearings, Rhodes and Stapleton both admitted their involvement in robbing the Fidelity Bank and Trust in Maquoketa on March 8, 2017. According to a criminal complaint and sentencing memoranda, as well as information discussed at his sentencing hearing, Rhodes entered the bank, approached a teller, and handed a note that read “Give me your money, I have a gun.” The teller placed over $6,500 into Rhodes’s bag. While Rhodes was in the bank, Stapleton sat in a car across the street, listening to a police scanner. Stapleton had visited the bank the day prior to the robbery to “case” the bank, and provided the cars used by Stapleton and Rhodes in the robbery.
After Rhodes left the bank, he got into his car and drove towards Dubuque. When police attempted to pull him over, Rhodes fled at a high rate of speed. As he was being chased by police, Rhodes drove over 100 miles per hour in busy traffic. Rhodes crashed into multiple vehicles prior to his arrest. One motorist was injured and was taken by ambulance to the hospital.
In addition to his involvement in the March 2017 bank robbery, Stapleton was also sentenced for possessing firearms as a felon in July 2016, and selling heroin in January 2017. Rhodes was not involved in these other crimes.
According to the government’s sentencing memorandum and information discussed at Stapleton’s sentencing, Stapleton, who had multiple prior felony convictions, asked a heroin user to purchase firearms for Stapleton. The heroin user purchased a total of five guns for Stapleton. Stapleton provided heroin in exchange for the firearms. Stapleton, in turn, provided the five guns to his heroin source.
Stapleton sold heroin in the Dubuque area from at least as early as 2016 and up through his arrest in 2017. In January 2017, Stapleton sold a mixture of heroin, furanyl fentanyl, and acryl fentanyl within 1000 feet of a playground. The purchaser of that heroin and fentanyl mixture took the drugs to a third party who used the mixture and sustained a serious bodily injury as a result.
Stapleton and Rhodes were both sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Stapleton was sentenced to 288 months’ imprisonment. Rhodes was sentenced to 108 months’ imprisonment. They were each ordered to make $7,743 in restitution to victims of the bank robbery offense, including the bank and the motorist who was injured in the pursuit. Both Stapleton and Rhodes must serve a 3-year term of supervised release after their respective prison terms. There is no parole in the federal system.
“I want to thank the FBI and our local law enforcement partners for their excellent work on this very important case,” said United States Attorney Peter E. Deegan, Jr. “My office is dedicated to helping keep our communities safe by holding opioid dealers and violent criminals accountable for their actions in federal court.”
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.
Both Stapleton and Rhodes are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by the Federal Bureau of Investigation, the Maquoketa Police Department, the Jackson County Sheriff’s Office, the Dubuque Drug Task Force, the Dubuque Police Department, and the Dubuque County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-1022.
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Dubuque Man Convicted of Distributing Heroin that Caused Overdose Death on EasterRead the Press Release
A man who distributed heroin to a woman who died of an overdose in April 2017 was convicted by a jury today after a 3-day trial in federal court in Cedar Rapids.
Richard Leroy Parker, age 47, from Dubuque, Iowa, was convicted of distribution of heroin within 1,000 feet of an elementary school and a playground, resulting in death, and also convicted of possession with intent to distribute heroin within 1,000 feet of an elementary school and a playground. The indictment also alleged that Parker had distributed cocaine that resulted in death, but the jury found Parker not guilty of distributing cocaine. The verdict was returned this afternoon following about 2 hours of jury deliberations.
The evidence at trial showed that Parker obtained several grams of heroin in Chicago in April 2017. On Easter Sunday, Parker brought the heroin to a residence in Dubuque. Parker and others at the residence drank alcohol and smoked crack cocaine throughout the day. Prior to midnight, Parker and a woman went into a back bedroom. While inside the room, Parker gave the woman heroin, which she used. Shortly after using the heroin, E.M. stopped breathing. At approximately 12:20 a.m. on April 17, Parker called 911, and emergency responders arrived at the house. Parker testified that, as emergency responders were attempting to save the woman’s life, he went into another room and hid the remaining heroin in a chair. Investigators later found this heroin. The attempts to resuscitate the woman were unsuccessful, and she was pronounced dead shortly after 1:15 a.m.
“Opioid abuse is at an all-time high in our country, and we all must do our part to combat it,” said United States Attorney Peter E. Deegan, Jr. “This case serves as a sobering example of the human toll of this national crisis. My office will spare no effort to prosecute those who traffic in heroin and contribute to this devastation.”
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Parker remains in custody of the United States Marshal pending sentencing. Due to the fact that he has previously been convicted of four prior felony drug offenses, Parker faces a mandatory minimum sentence of life imprisonment, a $4,000,000 fine, $200 in special assessments, and at least 6 years of supervised release if he is released from imprisonment.
The case was investigated by the Dubuque Drug Task Force and Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Cedar Rapids Police Department; the Linn County Sheriff's Office; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement, and was prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-1034-LRR.
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Drug Trafficker and Distributor Sentenced to Long Prison TermsRead the Press Release
CORPUS CHRISTI, Texas – Two members of a massive drug conspiracy have been ordered to significant terms in federal prison, announced U.S. Attorney Ryan K. Patrick. Julio Cesar Sala Stripling, 39, and Martin Lee Rodriguez, 30, both of Corpus Christi, pleaded guilty to conspiring to possess with intent to distribute methamphetamine, cocaine and cocaine base on Oct. 5, and Oct. 24, 2017, respectively.
Today, U.S. District Judge Nelva Gonzales Ramos ordered Stripling to prison for 264 months, while Rodriguez received a 120-month-term. Both will also serve five years of supervised release following completion of their sentences.
Others convicted in the case were sentenced previously. Gilbert Arredondo, 21, Carlos Bustillos Flores Sr., 47, Mario Gonzales, 20, and Roxey Lynn Trevino, 27, all of Corpus Christi, received sentences of 120, 70, 57 and 65 months, respectively. They had all previously pleaded guilty to conspiring to possess with intent to distribute more than five kilograms of cocaine and 50 grams of methamphetamine, as did Carlos Villagomez Flores Jr., 21, also of Corpus Christi. He is set for sentencing Feb. 28, 2018.
Stripling was determined to be the leader of the conspiracy and supplied numerous drug dealers in Corpus Christi with methamphetamine, crack cocaine and powder cocaine. He had been hiding in Houston during much of the conspiracy because he was wanted by law enforcement for other crimes. At the time of his arrest, he was found in possession of methamphetamine, crack cocaine and powder cocaine, as well as four firearms.
Rodriguez was one of the dealers Stripling supplied. He was found in possession of methamphetamine, cocaine, marijuana and 16 firearms - six of which were stolen - at the time of his arrest in October 2016.
Trevino assisted Stripling in the drug trafficking offense, while Gonzales, Arredondo and Flores Sr. were couriers for the organization. Flores Jr. assisted his father - Flores Sr.
With the exception of Flores Jr., who was permitted release pending his sentencing, all have been and will remain in custody pending transfer to U.S. Bureau of Prisons facilities to be determined in the near future.
Other members of the conspiracy have pleaded guilty to varying drug offenses and are also pending sentencing.
The Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Marshals Service; Texas Department of Public Safety; IRS – Criminal Investigation; San Patricio County Sheriff’s Office; and police departments in Corpus Christi, Aransas Pass and Ingleside all assisted in the joint investigation. Assistant U.S. Attorney Michael Hess is prosecuting the case.
Department of Justice Files Amicus Brief in Montana School Choice CaseRead the Press Release
The Department of Justice today filed an amicus brief with the Supreme Court of Montana supporting parents who claim that the state unconstitutionally discriminated against their children when it barred them from a private school scholarship program because they attend a religious school.
The case, Espinoza v. Montana Department of Revenue, involves children attending a Christian school who were denied participation in the Montana Tax Credit Scholarship Program after the Department of Revenue issued a rule declaring ineligible students attending schools owned or controlled “by a church, religious sect, or denomination.” Under the scholarship program, Montana taxpayers can contribute up to $150 to privately run scholarship organizations and receive a tax credit. The scholarship organizations then provide scholarships for families attending non-public elementary and secondary schools in the state. The parents filed suit in December 2015 after their children were denied participation in the scholarship program because they attend a Christian school. A state trial court ruled in favor of the parents in May 2017 and issued an injunction requiring them to be allowed to participate. The state appealed, arguing that the rule is valid under state law, and that it does not violate the U.S. Constitution.
The United States’ brief argues that excluding these families from the scholarship program because they have chosen to attend a religious school violates their rights under the U.S. Constitution’s Free Exercise Clause, which forbids government discrimination on the basis of religion.
“The Constitution prohibits states from discriminating based on religion,” said Associate Attorney General Rachel Brand. “Today’s amicus brief is further proof that this administration will lead by example on religious liberty.”
The United States’ brief notes that school choice scholarships programs like this one are plainly permissible under the Establishment Clause. And, the brief argues, the Supreme Court’s holding last year in Trinity Lutheran Church of Columbia v. Comer makes clear that blocking students attending religious schools from participating in such scholarship programs violates the Free Exercise Clause. In Trinity Lutheran, the Court held that a Colorado program providing recycled tires for playground surfacing violated the Free Exercise Clause when it excluded religious organization from the program. The Court held that “the Free Exercise Clause protects religious observers against unequal treatment and subjects to the strictest scrutiny laws that target the religious for special disabilities.” The United States brief argues that the Montana scholarship program likewise cannot treat families attending religious schools unequally.
Today’s filing addresses issues set forth in Attorney General Sessions’ Guidance on Federal Law Protections for Religious Liberty issued on Oct. 6, 2017. The Guidance stated that “government may not target persons or individuals because of their religion” and may not “deny religious schools-including schools whose curricula and activities include religious elements-the right to participate in a voucher program, so long as the aid reaches the schools through independent decisions of parents.”
Crown Point Man Sentenced for Identity TheftRead the Press Release
HAMMOND – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Elbert Johnson, age 40, of Crown Point, Indiana was sentenced before U.S. District Court Judge James T. Moody. Johnson was sentenced to 61 months imprisonment, 2 years supervised release, and ordered to pay $551,647 in restitution to the Internal Revenue Service and the Indiana Department of Revenue.
According to documents in this case, Elbert Johnson, pled guilty to conspiracy to commit identity theft, filing of false claims, aggravated identity theft, and filing a false tax return. The fraud scheme involved filing false federal and state tax returns utilizing the names, dates of birth, and social security numbers of inmates in various prisons across the country without their knowledge, permission, or authority.
The case was the result of an investigation by the Internal Revenue Service-Criminal Investigations, U.S. Postal Inspection Service, U.S. Secret Service, and the Social Security Administration-Office of Inspector General. This case was prosecuted by Assistant United States Attorney Toi Denise Houston.
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Convicted Felon Sentenced for Possessing Firearm During Garden City Road Rage IncidentRead the Press Release
SAVANNAH, GA: Anthony Jammoni Atkins, 26, a multi-convicted felon, was sentenced on January 16, 2018, by Senior U.S. District Judge William T. Moore, Jr. to 100 months in prison for possessing a loaded semiautomatic pistol. Atkins used that pistol to threaten a mother and her two children during a rush hour road rage incident. Upon completion of his prison sentence, Atkins will serve an additional three years on supervised release.
According to court documents and evidence presented at hearings, Atkins was traveling through Garden City, Georgia during the afternoon rush hour on November 4, 2016, when another motorist called 911 to report that the driver of an SUV had pulled alongside her car, pointed a gun at her and her two daughters, and slammed the gun into the SUV’s passenger-side window. After locating and stopping the SUV, police officers identified Atkins as the driver. Atkins admitted that there was a firearm inside the SUV, and officers recovered a semiautomatic 9mm pistol that was loaded with nineteen rounds of ammunition in a large capacity magazine. As a convicted felon, Atkins was prohibited from possessing firearms and ammunition.
Atkins’ criminal history includes numerous convictions for violent and drug-related offenses. In 2010, Atkins pled guilty to trafficking marijuana in Chatham County. One year later, in 2011, Atkins was convicted of aggravated battery in connection with his attempt to rob a person to whom he had agreed to sell drugs. During the attempted robbery, Atkins ran over the victim with his car.
U.S. Attorney Bobby L. Christine stated, “The U.S. Attorney’s Office in the Southern District of Georgia is committed to ending the scourge of violent crime that has plagued Savannah for far too long, and we are partnering with federal, state, and local law enforcement to do something about it. A key element of our strategy is ensuring that convicted felons who possess firearms illegally are punished appropriately for their misconduct. Make no mistake – this United States Attorney’s Office will not tolerate the possession and use of firearms by those who seek to threaten and endanger the community.”
The U.S. Attorney’s Office prosecuted Atkins as part of Project Ceasefire, a joint federal, state, and local initiative to combat gun violence and ensure that repeat offenders are subjected to stiff federal prison sentences, all of which must be served without the possibility of parole.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Garden City Police Department. Assistant United States Attorney Theodore S. Hertzberg prosecuted the case on behalf of the United States. For any questions, please contact the United States Attorney’s Office at (912) 652-4422.
Columbus Man Pleads Guilty to Creating Child Pornography of Toddler & Young GirlRead the Press Release
COLUMBUS, Ohio – Jordan L. Price, 28, of Columbus, pleaded guilty in U.S. District Court to production of child pornography.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Franklin County Sheriff Dallas Baldwin, Franklin County Prosecutor Ron O’Brien and other members of the Franklin County Sheriff’s Office Internet Crimes Against Children (ICAC) Task Force announced the plea entered into before Senior U.S. District Judge Michael H. Watson.
According to the Statement of Facts in this case, in July 2017, the National Center for Missing and Exploited Children (NCMEC) received two reports from Google regarding an email account that had been used to send numerous child pornography files.
A search warrant of the Gmail account revealed the email belonged to Price. Further investigation of Price revealed pornographic pictures of a toddler and a prepubescent female that he had taken on his cell phone.
In addition to the pornography that Price produced, he was also found to possess more than 200 child pornography files, including depictions of the rape of toddlers, in his Dropbox account.
As part of his plea agreement, all parties involved have recommended a term of incarceration between 278 and 322 months in prison. That sentencing recommendation will be considered by Judge Watson at a future hearing.
U.S. Attorney Glassman commended the investigation of this case by the Franklin County Sheriff’s Office as well as Assistant United States Attorney Heather A. Hill and Special Assistant United States Attorney Jennifer M. Rausch, Director, Franklin County Special Victim’s Unit, who are representing the United States in this case.
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Cleveland man and former Parma resident charged with embezzling $186,000, using some of the money for cocaineRead the Press Release
A former Parma resident and a Cleveland man were indicted in federal court for their roles in a conspiracy to embezzle more than $186,000, said U.S. Attorney Justin E. Herdman and FBI Special Agent in Charge Stephen D. Anthony.
Lisa M. Pfrenger, 48, of Fairfield Bay, Arkansas, and previously of Parma, and Lorenzo Parker, 46, of Cleveland, were indicted on one count of conspiracy to make, utter and possess counterfeit checks and 14 counts of making, uttering and possessing counterfeit checks.
Pfrenger was the operations manager of Resource Title National Agency, Inc. (RTNA) and had control over the day-to-day operations of the company, including check writing. As a title company licensed by the state of Ohio, RTNA kept an account containing unclaimed funds from its various real estate transactions. The amount of funds in a title company’s unclaimed funds can become significant over time and if these monies remain unclaimed, the title company is required to transfer the unclaimed funds to the Ohio Department of Insurance, according to the indictment.
Pfrenger and Parker devised a scheme to embezzle monies in RTNA’s unclaimed funds account. Pfrenger issued checks in the name of previous customers of RTNA to make it look a legitimate payment of funds from a previous real estate transaction. Pfrenger then gave the checks to Parker, who either endorsed the checks himself or had others endorse the checks, by forging the signature of the payee and depositing the checks, according to the indictment.
Parker then withdrew the monies and used it for his personal use. In return, Parker provided Pfrenger with cocaine, according to the indictment.
Both Pfrenger and Parker knew that they had no legitimate basis to possess the counterfeited checks, nor the unclaimed funds. From January 2013 through October 2015, Pfrenger and Parker made, possessed and deposited approximately 216 counterfeit checks resulting in an approximate loss of $186,718 to RTNA’s unclaimed fund accounts, according to the indictment.
The defendants’ sentence, if any, will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The matter is being prosecuted by Assistant U.S. Attorney Mark S. Bennett after an investigation by the Federal Bureau of Investigation.
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.
Chinese National Sentenced for Economic Espionage and Theft of a Trade Secret from U.S. CompanyRead the Press Release
Xu Jiaqiang, 31, formerly of Beijing, China, was sentenced yesterday to five years in prison, for economic espionage and theft of a trade secret in connection with Xu’s theft of proprietary source code from Xu’s former employer, with the intent to benefit the National Health and Family Planning Commission of the People’s Republic of China. Xu previously pleaded guilty to all six counts with which he was charged.
Acting Assistant Attorney General for National Security Dana J. Boente and U.S. Attorney Geoffrey S. Berman for the Southern District of New York made the announcement. The sentence was imposed by U.S. District Judge Kenneth M. Karas in White Plains, New York federal court.
“Xu, a Chinese national, is being held accountable for engaging in economic espionage against an American company,” said Acting Assistant Attorney General Boente. “Xu not only stole high tech trade secrets from his U.S. employer – a federal crime – he did so both for his own profit and intending to benefit the Chinese government. Xu’s sentence clearly demonstrates that the National Security Division will not hesitate to pursue and prosecute those who steal from American businesses. I thank the many people who worked hard to bring this result.”
“As he previously admitted in federal court, Xu Jiaqiang stole high-tech trade secrets from a U.S. employer, intending to benefit the Chinese government,” said U.S. Attorney Berman. “The laws governing economic espionage and trade secrets exist, in part, to protect the sanctity of American ingenuity and property. Xu’s prison sentence should be a red flag for anyone attempting to illegally peddle American expertize and intellectual property to foreign bidders.”
According to the allegations contained in the Complaint and the Superseding Indictment filed against Xu, as well as statements made in related court filings and proceedings:
From November 2010 to May 2014, Xu worked as a developer for a particular U.S. company (the Victim Company). As a developer, Xu enjoyed access to certain proprietary software (the Proprietary Software), as well as that software’s underlying source code (the Proprietary Source Code). The Proprietary Software is a clustered file system developed and marketed by the Victim Company in the United States and other countries. A clustered file system facilitates faster computer performance by coordinating work among multiple servers. The Victim Company takes significant precautions to protect the Proprietary Source Code as a trade secret. Among other things, the Proprietary Source Code is stored behind a company firewall and can be accessed only by a small subset of the Victim Company’s employees. Before receiving Proprietary Source Code access, Victim Company employees must first request and receive approval from a particular Victim Company official. Victim Company employees must also agree in writing at both the outset and the conclusion of their employment that they will maintain the confidentiality of any proprietary information. The Victim Company takes these and other precautions in part because the Proprietary Software and the Proprietary Source Code are economically valuable, which value depends in part on the Proprietary Source Code’s secrecy.
In May 2014, Xu voluntarily resigned from the Victim Company. Xu subsequently communicated with one undercover law enforcement officer (UC-1), who posed as a financial investor aiming to start a large-data storage technology company, and another undercover law enforcement officer (UC-2), who posed as a project manager, working for UC-1. In these communications, Xu discussed his past experience with the Victim Company and indicated that he had experience with the Proprietary Software and the Proprietary Source Code. On March 6, 2015, Xu sent UC-1 and UC-2 a code, which Xu stated was a sample of Xu’s prior work with the Victim Company. A Victim Company employee (Employee-1) later confirmed that the code sent by Xu included proprietary Victim Company material that related to the Proprietary Source Code.
Xu subsequently informed UC-2 that Xu was willing to consider providing UC-2’s company with the Proprietary Source Code as a platform for UC-2’s company to facilitate the development of its own data storage system. Xu informed UC-2 that if UC-2 set up several computers as a small network, then Xu would remotely install the Proprietary Software so that UC-1 and UC-2 could test it and confirm its functionality.
In or around early August 2015, the FBI arranged for a computer network to be set up, consistent with Xu’s specifications. Files were then remotely uploaded to the FBI-arranged computer network (the Xu Upload). Thereafter, on or about Aug. 26, 2015, Xu and UC-2 confirmed that UC-2 had received the Xu Upload. In September 2015, the FBI made the Xu Upload available to a Victim Company employee who has expertise regarding the Proprietary Software and the Proprietary Source Code (Employee-2). Based on Employee-2’s analysis of technical features of the Xu Upload, it appeared to Employee-2 that the Xu Upload contained a functioning copy of the Proprietary Software. It further appeared to Employee-2 that the Xu Upload had been built by someone with access to the Proprietary Source Code who was not working within the Victim Company or otherwise at the Victim Company’s direction.
On Dec. 7, 2015, Xu met with UC-2 at a hotel in White Plains, New York (the Hotel). Xu stated, in sum and substance, that Xu had used the Proprietary Source Code to make software to sell to customers, that Xu knew the Proprietary Source Code to be the product of decades of work on the part of the Victim Company, and that Xu had used the Proprietary Source Code to build a copy of the Proprietary Software, which Xu had uploaded and installed on the UC Network (i.e., the Xu Upload). Xu also indicated that Xu knew the copy of the Proprietary Software that Xu had installed on the UC Network contained information identifying the Proprietary Software as the Victim Company’s property, which could reveal the fact that the Proprietary Software had been built with the Proprietary Source Code without the Victim Company’s authorization. Xu told UC-2 that Xu could take steps to prevent detection of the Proprietary Software’s origins – i.e., that it had been built with stolen Proprietary Source Code – including writing computer scripts that would modify the Proprietary Source Code to conceal its origins.
Later on Dec. 7, 2015, Xu met with UC-1 and UC-2 at the Hotel. During that meeting, Xu showed UC-2 a copy of what Xu represented to be the Proprietary Source Code on Xu’s laptop. Xu noted to UC-2 a portion of the code that indicated it originated with the Victim Company as well as the date on which it had been copyrighted. Xu also stated that Xu had previously modified the Proprietary Source Code’s command interface to conceal the fact that the Proprietary Source Code originated with the Victim Company and identified multiple specific customers to whom Xu had previously provided the Proprietary Software using Xu’s stolen copy of the Proprietary Source Code.
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Mr. Boente and Mr. Berman praised the FBI’s outstanding investigative efforts. Mr. Berman also thanked the U.S. Department of Justice’s National Security Division.
Assistant U.S. Attorneys Benjamin Allee and Ilan Graff of the Southern District of New York, with assistance from Trial Attorney David Aaron of the National Security Division’s Counterintelligence and Export Control Section, are in charge of the prosecution.
Central Washington Healthcare Organization Agrees to Settle ADA Claim with Deaf-Blind IndividualRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that a settlement agreement under the Americans with Disabilities Act (ADA) has been reached between the U.S. Attorney’s Office, the U.S. Department of Justice’s (DOJ) Civil Rights Division and Astria Health. Astria Health, formerly known as Regional Health, is the parent company of Sunnyside Community Hospital and other Clinics located in central Washington. Astria operates 34 hospitals, clinics, and medical facilities in the Eastern District of Washington.
The U.S. Attorney Office began an ADA-based investigation of Astria Health after receiving a complaint that, despite a request for a Tactile American Sign Language interpreter, one of Astria Health’s clinics failed on five (5) separate treatment occasions to provide a deaf-blind individual with a qualified interpreter. The deaf-blind individual alleged that, for approximately four months, he did not receive care because he was unable to communicate effectively with his treatment providers concerning his chronic health condition, which condition could result in potentially life-threatening complications if not properly managed.
The ADA establishes a federal mandate that seeks to eliminate discrimination against individuals with disabilities. The ADA requires hospitals and medical providers to ensure that their communication with individuals who are deaf or hard of hearing is as effective as their communication with other patients. See 42 U.S.C. § 12182(b)(2)(A)(iii) (1990); 28 C.F.R. § 35.160 (2007); 28 C.F.R. § 36.303 (2007); 28 C.F.R. pt. 36, App. B at 713-716 (2007). A hospital does this by providing communication aids, known in the law as "auxiliary aids or services," which include qualified sign-language interpreters, the exchange of written notes, text telephones that assist deaf or hard-of-hearing individuals in making phone calls, and a variety of other aids listed in the ADA regulation. The specific type of auxiliary aid or service that may be necessary in a given context will depend upon the needs of the particular individual involved and the nature of the communication at issue.
Astria Health fully cooperated with the U.S. Attorney’s investigation and within days of being notified of the investigation initiated corrective action to ensure the deaf-blind individual involved received a qualified interpreter at his next healthcare visit.
Under the settlement, Astria agrees to take remedial steps to ensure compliance with the ADA at each of its 34 hospitals and clinics in central Washington. These steps include the appointment of an ADA point person who is familiar with the ADA’s health care access and communication – interpreter requirements. This coordinator will also provide training to Astria’s staff on ADA requirements and will enter into contracts with interpretive service providers. Astria will also adopt specific policies and procedures to ensure that auxiliary aids and communication services are provided promptly to individuals who are deaf, blind, or have communication challenges.
Harrington stated: “This Office and the DOJ Civil Rights Division are committed to protecting the rights of those who have vision, hearing, or speech disabilities, ensuring that they are able to effectively communicate with their health care professionals, especially when patients must have critical interaction with their medical care providers. This office did not seek civil penalties in this case – which can be up to $89,078 for a first violation and up to $178,156 for each subsequent violation – because Astria promptly acknowledged a problem, took immediate corrective action at its offending clinic and agreed to additional structural steps that will avoid similar problems at all of its 33 other medical facilities in the Eastern District of Washington. This settlement will ensure deaf and blind individuals get the auxiliary aids and services they need to effectively communicate with their medical providers in a timely manner at Astria’s facilities. I am hopful that other such providers in Eastern Washington will review their ADA compliance obligations to ensure they too are providing quality access to health care for the blind, deaf, hard-of-hearing and other disabled individuals.”
This enforcement action was taken pursuant to the U.S. Attorney Program for ADA Enforcement. The Program began as a pilot project in 1995, with a focus on effective communication in the nation's 911 call services, but has since expanded to other areas of disability discrimination. Virtually every U.S. Attorney Office within the Department of Justice has been involved with enforcement efforts, resolving more than 500 reported matters nationwide annually.
The U.S. Department of Justice has a number of additional resources available to assist entities with complying with ADA requirements. For further information, please visit http://www.ada.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD). ADA complaints may also be filed by email to [email protected].
This enforcement action was handled by Joseph P. Derrig, an Assistant United States Attorney and Civil Rights Coordinator for the Eastern District of Washington, with assistance from the U.S. Department of Justice’s Civil Rights Division, Disability Rights Section.
Settlement Agreement attached astria_health_-_doj_agreement_final.pdfCatonsville Man Sentenced to 2 Years in Prison for “Swatting” IncidentRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – United States District Judge Marvin J. Garbis sentenced Zachary Lee, age 26, of Catonsville, Maryland, today to two years in prison, followed by three years of supervised release for Conspiracy to Provide False Information and False Information and Hoax relating to a scheme to cause an emergency services response, a practice known as “swatting.”
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Chief Gary L. Gardner of the Howard County Police Department; and Howard County State’s Attorney Dario Broccolino.
According to Lee’s plea agreement, between February 17 and February 18, 2015, Lee, who resided in Ellicott City at the time, and co-conspirator Robert Walker-McDaid, age 19, of Coventry, England, United Kingdom, conspired to convey false information about a hostage situation that would cause armed law enforcement officers to be dispatched to the home of an acquaintance of Lee (the victim).
Specifically, on February 17, 2015, Lee messaged McDaid via an internet telephone service and stated, “I have someone I need sw@tted.” At McDaid’s request, Lee provided McDaid with the address of the victim and McDaid responded to Lee, “il do it when im up.” On February 18, 2015, a call from McDaid’s internet telephone account was made to the Maryland Coordination and Analysis Center’s (MCAC) Terrorism Hotline. Lee, McDaid, and another individual were participants in that call. The caller pretended to be the victim and stated that he had a loaded gun, several bags of plastic explosives, and three hostages. The caller demanded $15,000 in cash be delivered in a red bag to the victim’s address. The caller stated that he would start executing the hostages in 15 minutes if his demands were not met. Shortly after police arrived at the address, Lee allegedly posted on his Facebook account, “Love my team.”
At the time the call was made, authorities were not aware that the emergency call was false. A Howard County Police Department (HCPD) Tactical team went to the address provided by the callers, and ultimately shot the victim with rubber bullets in the chest and face. The victim suffered significant injuries to his face and chest, including bruised lungs, a fractured rib, and numerous broken bones to the left side of his face. He was transported to the hospital where he underwent approximately three facial reconstructive surgeries.
This “swatting” caused over 40 officers to respond to T.D.’s home and remain there for over 2.5 hours and cost the Howard County Police Department over $10,000. Investigators subsequently discovered that the victim was not in possession of loaded firearms or explosives, did not make the emergency call, and there were no hostages at the residence.
Walker-McDaid has been arrested in the United Kingdom and has an extradition hearing scheduled for March 27, 2018.
Acting United States Attorney Stephen M. Schenning commended the FBI, Howard County Police Department, and Howard County State’s Attorney’s Office for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Lauren E. Perry and Zachary A. Myers, who prosecuted the case.
Billings Felon Sentenced to Federal Prison for Possessing Four FirearmsRead the Press Release
BILLINGS - The United States Attorney’s Office announced today that U.S. District Court Judge Susan Watters sentenced Todd Thomas Malmstrom, a 53-year-old resident of Billings to 24 months in prison and three years of supervised release.
Malmstrom previously entered a guilty plea to felon in possession of a firearm. In February of 2017, Malmstrom was contacted by law enforcement officers after he was found in possession of a stolen vehicle in Billings, Montana. Malmstrom was carrying a loaded .45 caliber handgun in a holster on his belt at the time of his arrest and he had three additional firearms stored inside the stolen vehicle.
Malmstrom admitted to ATF agents that he had possessed the four firearms and that he knew he was prohibited from possessing firearms due to his prior felony conviction. In 2013, Malmstrom was convicted of another federal gun crime – subject of a court order in possession of a firearm.
The case was prosecuted by Assistant U.S. Attorney Jared Cobell and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Yellowstone County Sheriff’s Office.
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.
Bank Manager Sentenced to Prison for Stealing More Than $500K from Customer AccountsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that CARRIE CAESAR, 47, of New Britain, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 12 months and one day of imprisonment, followed by four years of supervised release, for embezzling funds from Webster Bank Corporation.
According to court documents and statements made in court, CAESAR was a long-time employee of Webster Bank where she served in a variety of roles, including bank teller, account manager and, most recently, as manager of the Avon branch office. Between 2003 and 2016, CAESAR withdrew at least $535,600 from account holders’ certificate of deposit (CD) accounts at Webster Bank, without the knowledge or consent of the account holders, used the embezzled funds for her own purposes, and took steps to conceal her misconduct.
CAESAR targeted primarily six customers, all of whom were at least 79 years old and with whom she had developed a relationship as an account manager.
Judge Thompson ordered CAESAR to pay $535,600 in restitution to the bank.
On February 13, 2017, CAESAR pleaded guilty to one count of theft, embezzlement and misapplication by a bank officer and employee.
CAESAR, who is released on a $150,000 bond, was ordered to report to prison on March 20, 2018.
This matter was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney John T. Pierpont, Jr.
Attorney General Sessions Applauds Congress for Voting to Reauthorize Section 702 of the Foreign Surveillance Intelligence ActRead the Press Release
Today Attorney General Sessions issued the following statement applauding Congress for voting to reauthorize Section 702:
“Today's vote to reauthorize Section 702 of the Foreign Intelligence Surveillance Act is crucial to allowing us to continue to gather intelligence on foreign terrorists overseas and foil potential plots against Americans abroad and at home. I would especially like to thank the Senate and House leadership on both sides of the aisle, as well as the bipartisan efforts from those leaders on the Senate and House Intelligence and Judiciary Committees that supported and helped pass this critical legislation that gives us the tools to continue to keep the American people safe.”Arizona U.S. Attorney’s Office collects over $13.7 Million in Fiscal Year 2017Read the Press Release
PHOENIX – First Assistant United States Attorney Elizabeth A. Strange announced today that the U.S. Attorney’s Office for the District of Arizona collected $13,751,877 in criminal and civil actions in Fiscal Year 2017. Of this amount, $5,903,640 was collected in criminal actions and $7,848,237 was collected in civil actions.
The District of Arizona also worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $3,464,078 in cases pursued jointly with those offices. Of this amount, $16,301 was collected in criminal actions and $3,447,777 was collected in civil actions.
Overall, the Justice Department collected just over $15 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2017.
The U.S. Attorneys’ Offices, along with the Justice Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims.
Federal law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. Criminal restitution is paid directly to the victims and criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud and other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights, or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration, and Department of Education.
Additionally, the U.S. Attorney’s Office for the District of Arizona, working with partner agencies and divisions, collected $3,100,141 in asset forfeiture actions in FY 2017. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
RELEASE NUMBER: 2018-003_FY2017Collections
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Anchorage Man and Woman Indicted on Federal Drug Trafficking ChargesRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that an Anchorage man and woman have been indicted on federal drug trafficking charges.
Wilton Eugene Toney, 62, and Denita Ann Love, a/k/a Denita Ann Solitaire, 58, both of Anchorage, were named in the indictment charging them with drug conspiracy.
According to the charging documents, on Jan. 12, 2018, law enforcement officers seized two FedEx parcels located at the FedEx main hub in Anchorage. A search warrant revealed the parcels contained approximately 13 pounds of methamphetamine and 3 pounds of heroin. On the next day, law enforcement officers conducted a controlled delivery of the parcels to the lobby of the Barratt Inn Anchorage Airport, and observed Toney receive the parcels and take them to his room.
Law enforcement officers converged on and secured the hotel room, where Toney and Love were the only occupants of the room at the time. A search warrant executed on the hotel room resulted in the seizure of additional amounts of methamphetamine and heroin, digital scales, and three firearms. The Alaska State Troopers estimate the approximate combined street value of the seized drugs is $1.2 million.
The Alaska State Troopers (“AST”) and the Drug Enforcement Administration (“DEA”) conducted the investigation leading to the indictment in this case.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Allentown Attorney Pleads Guilty to Tax OffenseRead the Press Release
Douglas M. Marinos, 56, a licensed attorney, pled guilty today to one-count of willfully failing to collect, truthfully account for, and pay over to the United States taxes owed by his Allentown law firm, announced United States Attorney Louis D. Lappen. The Criminal Information to which Marinos pled guilty alleges that Marinos failed to pay over to the Internal Revenue Service (“IRS”) money that he withheld from the paychecks of his firm’s employees, ostensibly for the purpose of paying federal payroll taxes (including Social Security and Medicare trust fund contributions).
Marinos will be sentenced at a later date. He could face up to five years in prison, three years of supervised release, a $10,000 fine, and a $100 special assessment. In addition, as part of his plea agreement, Marinos is required to pay approximately $285,000 in restitution to the IRS.
The case was investigated by the IRS Criminal Investigation Division and is being prosecuted by Assistant United States Attorney Sean P. McDonnell.
Albuquerque Residents Sentenced to Prison for Federal Fraud, Identity Theft and Theft of Mail ConvictionsRead the Press Release
ALBUQUERQUE – Two residents of Albuquerque, N.M., were sentenced in federal court today for their convictions on conspiracy, fraud, identify theft and theft of mail charges. Katie Carrillo, 27, was sentenced to 25 months of imprisonment followed by three years of supervised release, while her co-defendant Ralph Eastman, 49, was sentenced to 36 months of imprisonment followed by three years of supervised release
Carrillo and Eastman were charged in a 16-count indictment on Aug. 23, 2016, with conspiracy, ten counts of bank fraud, three counts of aggravated identity theft, and two counts of theft of mail. According to the indictment, the defendants committed the offenses from Dec. 2015 through April 2016, in Bernalillo County, N.M., by stealing mail and packages from cluster mailboxes located in apartment complexes. The mail stolen included checkbooks, checks, ATM cards, PIN numbers and personal identifiers of victims, which the defendants allegedly used to commit further crimes.
On Aug. 2, 2017, Eastman pled guilty to the charges against him in the indictment, namely, conspiracy, eight counts of bank fraud, and two counts of theft of mail. Eastman also pled guilty to a felony information charging him with aggravated identify theft. In entering the guilty plea, Eastman admitted that from Dec. 2015 through April 2016, he conspired with Carrillo and others to steal mail and packages for the purpose of obtaining financial information and forms of identification. Eastman also admitted that he and Carrillo altered checks and used them at local businesses in exchange for goods, services and online transactions. In addition, Eastman admitted that he and others used stolen identifications and personal information to facilitate fraudulent transactions. In his plea agreement, Eastman also acknowledged that he and Carrillo stole mail and packages from authorized depositories for the U.S. Postal Service through mailboxes located at an Albuquerque apartment complex on March 9, 2016 and March 12, 2016.
On Aug. 18, 2017, Carrillo pled guilty to conspiracy, two counts of bank fraud, two counts of aggravated identity theft and two counts of theft or receipt of stolen mail. Carrillo entered the guilty plea without the benefit of a plea agreement.
The U.S. Postal Inspection Service, the Albuquerque Police Department and the Sandoval County Sheriff’s Office investigated this case, which was prosecuted by Assistant U.S. Attorneys Nicholas Jon Ganjei and Paul Mysliwiec.
Albuquerque Felon Facing Federal Firearms ChargeRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Daniel Penrod, 29, of Albuquerque, N.M., with violating federal firearms laws by unlawfully possessing a firearm and ammunition. Penrod was remanded into federal custody pending trial which has yet to be scheduled.
Acting U.S. Attorney James D. Tierney, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and U.S. Marshal Conrad E. Candelaria said that Penrod, whose prior criminal history includes felony convictions for 2nd degree murder, receiving or transferring a stolen vehicle, and battery on a police officer will be prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) filed a criminal complaint against Penrod charging him with being a felon in possession of a firearm in Bernalillo County, N.M., on Jan. 17, 2018. According to the criminal complaint, on that date, Deputy U.S. Marshals arrested Penrod on a state felony arrest warrant for a probation violation. During the arrest operation, Penrod allegedly attempted to pull a loaded firearm out of his waistband but dropped the firearm in response to commands from Deputies.
If convicted of the charge in the criminal complaint, Penrod faces maximum penalty of ten years in federal prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the ATF office in Albuquerque and the South West Investigative Fugitive Team (SWIFT) of the U.S. Marshals Service for the District of New Mexico with assistance from the New Mexico Department of Corrections Probation Parole Security Threat Intelligence Unit and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case.
54-Count Federal Indictment Charges 12 Members and Associates of Mongols Motorcycle Gang with Racketeering Conspiracy and Three Others with Various Federal Crimes Including Large Scale Drug TraffickingRead the Press Release
A 54-count superseding indictment was unsealed today, charging 12 members and associates of the Mongols Motorcycle Gang (Mongols) with racketeering conspiracy, announced Attorney General Jeff Sessions, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Don Cochran of the Middle District of Tennessee. Three other individuals were charged with other federal crimes including large-scale drug trafficking allegedly from California to Tennessee and Kentucky, and crimes related to the Hobbs Act.
Joining U.S. Attorney Cochran in announcing these charges at a morning news conference were Assistant Special Agent in Charge Jack Webb of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Nashville Division; Assistant Director Dewayne Johnson of the Tennessee Bureau of Investigation; and Clarksville Police Chief Al Ansley.
According to the indictment, members and associates of the Clarksville Chapter of the Mongols, engaged in a host of violent criminal activities, including murder, attempted murder, assault, kidnapping, robbery, extortion, witness tampering, money laundering, interstate travel in aid of racketeering, and large scale drug trafficking.
As stated in the indictment, the Mongols Motorcycle Gang identifies itself as an “outlaw” motorcycle gang, and is a nationwide and international organization with chapters located in different geographical areas. Most of the chapters are in California, but chapters have been established in other parts of the United States and in other countries, including Arizona, Arkansas, Colorado, Florida, Idaho, Indiana, Maryland, Missouri, Montana, Nevada, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Tennessee, Utah, Virginia, Washington, Australia, Canada, Denmark, Germany, Indonesia, Malaysia, Mexico, Singapore, Switzerland and Thailand.
This morning, local, state and federal law enforcement officers began arresting those charged in the indictment and all but one are in custody.
“Gangs that conspire to spread illegal drugs like methamphetamine and lethal opioids, extort legitimate businesses, and wage violence on our fellow Americans will be held accountable by the Department of Justice,” said Attorney General Sessions. “Last year, we secured the convictions of more than 1,200 gang members, and, as this case makes clear, we are not slowing down. I want to thank the ATF and all of our incredible state, county, and local law enforcement partners who helped make today's indictment possible, including the Clarksville and Owensboro Police Departments, the Tennessee Bureau of Investigation, and four county sheriff’s offices. Today’s indictment is the next step in our efforts to dismantle gangs and stop the spread of deadly drugs and violent crime.”
“Attorney General Sessions has made it clear that prosecuting violent offenders and reducing violent crime is a top priority of the Department of Justice,” said U.S. Attorney Cochran. “Today’s indictment and arrests have resulted in the removal of many dangerous individuals from neighborhoods in and around middle Tennessee and we intend to vigorously prosecute these individuals and hold them accountable for their actions. I commend the many law enforcement officers and prosecutors who have dedicated enormous amounts of time and effort in bringing these charges.”
The indictment details allegations of violent, criminal activity and drug trafficking in and around the Clarksville area beginning in or about March 2015, by certain Mongols members or associates and continuing until the return of the indictment. The 12 individuals charged in the racketeering conspiracy are:
- James Wesley Frazier aka “Slo-Mo” and “Special,” 30, of Clarksville;
- Aelix Santiago aka “Goon,” “Big O,” and “Big Offit,” 29, of Clarksville;
- Kyle Heade, 30, formerly of Fort Campbell, Kentucky;
- Joel Aldridge aka “Sleezy” and “Spoon,” 36, of Clarksville;
- James Hines aka “Fester,” 42, of Clarksville;
- Michael Forrester, Jr. aka “Stix,” 29, of Clarksville;
- Jamie Hern aka “J-Roc,” 38, of Clarksville;
- Robert Humiston aka “Bric” aka “Brichands,” 25, of Dover, Tennessee;
- Michael Myers aka “Yea Yea,” 33, of Oak Grove, Kentucky;
- Michael Levi West aka “Smurf,” aka “Blue,” 35, of Clarksville; and
- Adrianna Frazier aka “Adrianna Miles,” 32, of Owensboro, Kentucky.
Charged with large-scale drug trafficking is:
- Derek Leighton Stanley, 43, of Owensboro, Kentucky.
Charged with offenses related to Hobbs Act Robbery are:
- Timothy Grant, 31, of Clarksville; and
- Dustin McCracken aka “D,” 28, of Clarksville.
Stephen Cole aka “Lurch,” 36, of Clarksville remains at large and his whereabouts are unknown.
Allegations of criminal conduct contained in the indictment include:
Holding weekly meetings of the Mongols Clarksville Chapter at various residences and businesses in Clarksville for the purpose of discussing club business and to pay dues to support the criminal activities of the club;
Kidnapping and assaulting an individual, using a firearm and a Taser, at a motel in Clarksville on April 20, 2015;
Setting fire to and destroying the Sin City Motorcycle Clubhouse in Clarksville on May 17, 2015;
Kidnapping two individuals at gunpoint in the Clarksville area on May 22, 2015, and transporting them to a cemetery in Bumpus Mills, Tennessee, where one individual was murdered by shooting the victim at least eight times, including once in the head;
Robbing two individuals at gunpoint in the parking lot of a Clarksville apartment complex on July 3, 2015;
Breaking into a home in Hopkinsville, Kentucky on July 4, 2015, and pistol whipping the resident and stealing the resident’s belongings while holding the victim at knifepoint;
On numerous occasions, travelling to California and transporting an aggregate total of at least 50 pounds of methamphetamine back to Tennessee for distribution in Tennessee and Kentucky;
Delivering an aggregate total of at least $300,000 in cash, the proceeds of methamphetamine sales, to a co-conspirator member of the Mongols California Harbor Chapter.
On Jan. 9, 2016, in Clarksville, purchasing 80 to 90 pills containing Oxymorphone, a schedule II substance, in exchange for $3,000 to $3,500;
On Jan. 16, 2016, in Clarksville, attempting to purchase 90 pills containing Oxymorphone, in exchange for $5,400; during this deal, Kyle Heade shot and wounded another individual, using a 9mm handgun;
Kidnapping two individuals at a residence in Clarksville and holding them at gunpoint while they interrogated one of the victims and searched the residence for drug proceeds on Jan. 17, 2016;
On April 24, 2016, three of the individuals charged were travelling from Oak Grove, Kentucky to Boone County, Missouri, where they were stopped by law enforcement for travelling in a stolen vehicle and found in possession of a Glock 9mm pistol with an extra 30 round magazine and a .40 caliber handgun; 113 grams of 100 percent pure methamphetamine; and varying amounts of other illegal controlled substances;
On May 11, 2016, one of the individuals charged sold approximately three grams of 96 percent pure methamphetamine to another individual;
Attempting to murder an individual on July 14, 2016, by shooting the victim multiple times for wearing clothing identifying himself as a member of another motorcycle club;
From Oct. 26, 2016, through on or about Nov. 9, 2016, kidnapping a woman from a hotel in Nashville, and physically assaulting her and threatening her while interrogating her about the death of a co-conspirator member of the Mongols California Harbor Chapter.
This case was investigated by the ATF; the Tennessee Bureau of Investigation; the Clarksville Police Department; and the Owensboro, Kentucky Police Department; with assistance from the Montgomery County, Tenn. Sheriff’s Department; the Stewart County Sheriff’s Department; the Christian County, Kentucky Sheriff’s Department; the Davies County, Kentucky Sheriff’s Department; and the Fort Campbell Army Criminal Investigation. Assistant U.S. Attorney Katy Risinger of the Middle District of Tennessee and Trial Attorney Robert Tully of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty in a court of law.
54-Count Federal Indictment Charges 12 Members and Associates of Mongols Motorcycle Gang with Racketeering Conspiracy and Three Others with Various Federal Crimes Including Large Scale Drug TraffickingRead the Press Release
A 54-count superseding indictment was unsealed today, charging 12 members and associates of the Mongols Motorcycle Gang (Mongols) with racketeering conspiracy, announced Attorney General Jeff Sessions, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Don Cochran of the Middle District of Tennessee. Three other individuals were charged with other federal crimes including large scale drug trafficking and crimes related to the Hobbs Act.
Joining U.S. Attorney Cochran in announcing these charges at a Noon news conference were Jack Webb, Assistant Special Agent in Charge of the ATF Nashville Division; Tennessee Bureau of Investigation Assistant Director Dewayne Johnson; and Clarksville Police Chief Al Ansley.
According to the indictment, members and associates of the Clarksville Chapter of the Mongols, engaged in a host of violent criminal activities, including murder, attempted murder, assault, kidnapping, robbery, extortion, witness tampering, money laundering, interstate travel in aid of racketeering and large scale drug trafficking.
As stated in the indictment, the Mongols Motorcycle Gang identifies itself as an “outlaw” motorcycle gang and is a nationwide and international organization with chapters located in different geographical areas. Most of the chapters are in California, but chapters have been established in other parts of the United States and in other countries, including Tennessee.
This morning, local, state and federal law enforcement officers began arresting those charged in the indictment and all but one are in custody.
“Gangs that conspire to spread illegal drugs like methamphetamine and lethal opioids, extort legitimate businesses, and wage violence on our fellow Americans will be held accountable by the Department of Justice,” said Attorney General Jeff Sessions. “Last year, we secured the convictions of more than 1,200 gang members, and, as this case makes clear, we are not slowing down. I want to thank the ATF and all of our incredible state, county, and local law enforcement partners who helped make today's indictment possible, including the Clarksville and Owensboro Police Departments, the Tennessee Bureau of Investigation, and four county sheriff’s offices. Today’s indictment is the next step in our efforts to dismantle gangs and stop the spread of deadly drugs and violent crime.”
“Attorney General Sessions has made it clear that prosecuting violent offenders and reducing violent crime is a top priority of the Department of Justice,” said U.S. Attorney Don Cochran. “Today’s indictment and arrests have resulted in the removal of many dangerous individuals from neighborhoods in and around middle Tennessee and we intend to vigorously prosecute these individuals and hold them accountable for their actions. I commend the many law enforcement officers and prosecutors who have dedicated enormous amounts of time and effort in bringing these charges.”
The indictment details allegations of violent, criminal activity and drug trafficking in and around the Clarksville, Tenn. area beginning in or about March 2015, by certain Mongols members or associates and continuing until the return of the indictment. The 12 individuals charged in the Racketeering conspiracy are:
- James Wesley Frazier, a/k/a “Slo-Mo,” a/k/a “Special,” 30, of Clarksville;
- Aelix Santiago, a/k/a “Goon,” a/k/a “Big O,” a/k/a “Big Offit,” 29, of Clarksville;
- Kyle Heade, 30, formerly of Fort Campbell, Kentucky;
- Joel Aldridge, a/k/a “Sleezy,” a/k/a “Spoon,” 36, of Clarksville;
- James Hines, a/k/a “Fester,” 42, of Clarksville;
- Michael Forrester, Jr., a/k/a “Stix,” 29, of Clarksville;
- Stephen Cole, a/k/a “Lurch,” 36, of Clarksville;
- Jamie Hern, a/k/a “J-Roc,” 38, of Clarksville;
- Robert Humiston, a/k/a “Bric,” a/k/a “Brichands,” 25, of Dover, Tennessee;
- Michael Myers, a/k/a “Yea Yea,” 33, of Oak Grove, Kentucky;
- Michael Levi West, a/k/a “Smurf,” a/k/a “Blue,” 35, of Clarksville; and
- Adrianna Frazier, a/k/a “Adrianna Miles,” 32, of Owensboro, Kentucky.
Charged with large scale drug trafficking:
- Derek Leighton Stanley, 43, of Owensboro, Kentucky.
Charged with offenses related to Hobbs Act Robbery:
- Timothy Grant, 31, of Clarksville, Tennessee;
- Dustin McCracken, a/k/a “D,” 28, of Clarksville.
Steven Cole remains at large and his whereabouts are unknown.
Allegations of criminal conduct contained in the indictment include:
Holding weekly meetings of the Mongols Clarksville Chapter at various residences and businesses in Clarksville, for the purpose of discussing club business and paying dues to support the criminal activities of the club;
Kidnapping and assaulting an individual, using a firearm and a Taser, at a motel in Clarksville on April 20, 2015;
Setting fire to and destroying the Sin City Motorcycle Clubhouse in Clarksville on May 17, 2015;
Kidnapping two individuals at gunpoint in the Clarksville area on May 22, 2015, and transporting them to a cemetery in Bumpus Mills, Tenn., where one individual was murdered by shooting the victim at least 8 times, including once in the head;
Robbing two individuals at gunpoint in the parking lot of an apartment complex in Clarksville on July 3, 2015;
Breaking into a home in Hopkinsville, Kentucky on July 4, 2015, and pistol whipping the resident and stealing the resident’s belongings while holding the victim at knifepoint;
On numerous occasions, travelling to California and transporting an aggregate total of at least 50 pounds of methamphetamine and bringing it back to Tennessee for distribution in Tennessee and Kentucky;
Delivering an aggregate total of at least $300,000 in cash, the proceeds of methamphetamine sales, to a co-conspirator member of the Mongols California Harbor Chapter;
On January 9, 2016, in Clarksville, purchasing 80-90 pills containing Oxymorphone, a schedule II substance, in exchange for $3,000-$3,500;
On January 16, 2016, in Clarksville, attempting to purchase 90 pills containing Oxymorphone, in exchange for $5,400; during this deal, Kyle Heade shot and wounded another individual, using a 9mm handgun;
Kidnapping two individuals at a residence in Clarksville and holding them at gunpoint while they interrogated one of the victims and searched the residence for drug proceeds on January 17, 2016;
On April 24, 2016, three of the individuals charged were travelling from Oak Grove, Kentucky to Boone County, Missouri, where they were stopped by law enforcement for travelling in a stolen vehicle and found in possession of a Glock 9mm pistol with an extra 30 round magazine and a .40 caliber handgun; 113 grams of 100 percent pure methamphetamine; and varying amounts of other illegal controlled substances;
On May 11, 2016, one of the individuals charged sold approximately 3 grams of 96 percent pure methamphetamine to another individual;
Attempting to murder an individual on July 14, 2016, by shooting the victim multiple times for wearing clothing identifying himself as a member of another motorcycle club;
From Oct. 26, 2016, through on or about Nov. 9, 2016, kidnapping a woman from a hotel in Nashville, and physically assaulting her and threatening her while interrogating her about the death of a co-conspirator member of the Mongols Harbor Chapter in California.
Other criminal acts are alleged in the indictment.
If convicted, Timothy Grant and Dustin McCracken face up to 20 years in prison. All other defendants face up to life in prison.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Tennessee Bureau of Investigation; the Clarksville Police Department; and the Owensboro, Kentucky Police Department; with assistance from the Montgomery County, Tenn. Sheriff’s Department; the Stewart County Tenn. Sheriff’s Dept; the Christian County, Kentucky Sheriff’s Dept; the Davies County, Kentucky Sheriff’s Dept; and the Fort Campbell Army Criminal Investigation. Assistant U.S. Attorney Katy Risinger of the Middle District of Tennessee and Trial Attorney Robert Tully of the DOJ Organized Crime and Gang Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent unless and until proven guilty in a court of law.