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27 February 2018
United States Attorney J. Douglas Overbey Supports the Priorities and Initiatives of the Department of Justice in the Fight Against Opioid Abuse and Addiction Resulting in Multiple Overdose DeathsRead the Press Release
KNOXVILLE, Tenn. – Attorney General Jeff Sessions announced today the creation of a new effort, the Department of Justice Prescription Interdiction & Litigation (PIL) Task Force, to fight the prescription opioid crisis. The PIL Task Force will aggressively deploy and coordinate all available criminal and civil law enforcement tools to reverse the tide of opioid overdoses in the United States, with a particular focus on opioid manufacturers and distributors.
The PIL Task Force will include senior officials from the offices of the Attorney General, the Deputy Attorney General, and the Associate Attorney General, as well as senior officials from the Executive Office for U.S. Attorneys, the Civil Division, the Criminal Division, and the Drug Enforcement Administration. The Task Force will coordinate the Department’s many efforts and tools to combat the opioid epidemic.
“Over the past year, the Department has vigorously fought the prescription opioid crisis, and we are determined to continue making progress. Today, we are opening a new front in the war on the opioid crisis by bringing all of our anti-opioid efforts under one banner,” said Attorney General Sessions. “We have no time to waste. Every day, 180 Americans die from drug overdoses. This epidemic actually lowered American life expectancy in 2015 and 2016 for the first time in decades, with drug overdose now the leading cause of death for Americans under age 50. These are not acceptable trends and this new task force will make us more effective in reversing them and saving Americans from the scourge of opioid addiction.”
“The nation is currently facing the deadliest drug crisis in American history. Unfortunately, east Tennessee is not immune to this problem. In fact, statistics show that Tennessee is a ‘hot spot’ for drug abuse and overdose related deaths in the country,” said U.S. Attorney J. Douglas Overbey. “In addition to working with our other task forces comprised of our local, state and federal law enforcement partners, the U.S. Attorney’s office will work with the PIL Task Force to use all criminal and civil remedies available under federal law to combat this growing crisis. This includes holding drug manufacturers, distributors such as pharmacies, pain management clinics, drug testing facilities, and individual physicians accountable for their unlawful actions,” added U.S. Attorney Overbey.
The new PIL Task Force will build on a number of other new initiatives begun by Attorney General Sessions over the past year that will help end the drug crisis. The Opioid Fraud and Abuse Detection Unit, a new data analytics program to help find evidence of overprescribing and opioid-related health care fraud, was created in August 2017. The Attorney General assigned 12 experienced Assistant U.S. Attorneys to opioid “hot-spots” to focus solely on investigating and prosecuting opioid-related health care fraud.
The U.S. Attorney’s Office for the Eastern District of Tennessee was one of 12, out of 94 districts across the country, chosen to participate in this program. The district received funding for an Assistant U.S Attorney, for a three-year term, to focus solely on investigating and prosecuting healthcare fraud related to prescription opioids, including pill mill schemes and pharmacies that unlawfully divert or dispense prescription opioids for illegitimate purposes. The 12 districts selected represented areas with a significant prescription opioid problem, where the Department can effectively investigate and prosecute the medical providers that are contributing to this epidemic by unlawfully diverting or dispensing opioids outside the scope of professional practice and not for a legitimate medical purpose.
Assistant U.S. Attorney David P. Lewen, Jr., was selected to fill this position for the Eastern District of Tennessee. Working with the FBI, DEA and HHS, as well as our state and local law enforcement partners, Assistant U.S. Attorney Lewen will lead the district in the investigation and prosecution of opioid-related healthcare fraud cases involving doctors, pharmacies and medical providers who are furthering this epidemic in east Tennessee.
Assistant U.S. Attorney Lewen has served as a federal prosecutor in east Tennessee for nearly 10 years. Prior to that time, he served on active duty for five years in the U.S. Army JAG Corps, serving in Korea, Hawaii, and Fort Bragg, North Carolina. Assistant U.S. Attorney Lewen has experience in prosecuting a wide range of federal crimes, including large-scale drug trafficking and money laundering organizations, violent crimes, public corruption, and complex white-collar and corporate fraud crimes. Two of the higher profile defendants Lewen has prosecuted in U.S. District Court include former Knox County Criminal Court Judge Richard Baumgartner and bank extortionist Michael Benanti.
In November 2017, Attorney General Sessions ordered all U.S. Attorney’s Offices to designate an opioid coordinator to be responsible for facilitating intake of cases involving prescription opioids, heroin, and fentanyl; convening a task force of federal, state, local, and tribal law enforcement to identify opioid cases for federal prosecution, facilitate interdiction efforts, and tailor their district’s response to the needs of the community it serves; providing legal advice and training to Assistant U.S. Attorneys regarding the prosecution of opioid offenses; maintaining statistics on the opioid prosecutions in the district; and developing and continually evaluating the effectiveness of the office’s strategy to combat the opioid epidemic. Assistant U.S. Attorney Tracy Stone was chosen to fill this position for the Eastern District of Tennessee.
Prior to joining the U.S. Attorney’s Office in 2006, Assistant U.S. Attorney Stone prosecuted state felony cases as an Assistant District Attorney in Tennessee’s Fourth Judicial District. For the first few years with the office, he was assigned to the Violent Crime Unit, investigating and prosecuting violent offenses such as carjackings, interstate kidnappings, bank robberies, Hobbs Act robberies, and firearms offenses.
As a veteran prosecutor currently assigned to the Organized Crime and Drug Enforcement Task Force, Assistant U.S. Attorney Stone investigates and prosecutes drug trafficking organizations and other criminal enterprises operating within the Eastern District of Tennessee and elsewhere. The bulk of his caseload is devoted to combatting pill mills and the opioid scourge ravaging people, families, and communities within the Eastern District of Tennessee.
In conjunction with the announcement of the PIL Task Force, the Department also announced today that it would be filing a Statement of Interest in a multi-district action regarding hundreds of lawsuits against opioid manufacturers and distributors.
The plaintiffs include numerous cities, municipalities, and medical institutions that have borne the costs of the prescription opioid crisis. The plaintiffs seek to recover the costs associated with providing treatment and public safety measures relating to the opioid epidemic from those who allegedly used false, deceptive, or unfair marketing practices for prescription opioid drugs.
The Department will primarily argue that the federal government—through various federal health programs and law enforcement efforts—has borne substantial costs from the opioid epidemic and seeks reimbursement.
Click on the highlighted links to see the entire national release for the PIL Task Force announcement and here for the release on the Statement of Interest filing release.
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United States Attorney Addresses Rising Number of Deaths Due to Unintentional ShootingsRead the Press Release
Between 2015 and 2017, there was a nationwide increase in the number of deaths due to unintentional shootings. Unfortunately, Iowa has not been immune to this trend. Unintentional shootings with illegally possessed guns present a danger to everyone in our community, but especially to children. The United States Attorney for the Northern District of Iowa and its law enforcement partners are committed to continuing to make Iowa safer by addressing this problem through the enforcement of all federal laws limiting who can possess firearms. Under federal law it is illegal for an unlawful drug user to possess a firearm. Four recent prosecutions involving unlawful drug users in possession of firearms highlight the risks associated with these types of violations as well as the commitment to deterring future violations.
The four cases, described in more detail below, are the investigation and prosecution of Daniel Henriksen, 30, from Elgin, Iowa; Robyn Lynn Merchant, 55, from Vinton, Iowa; Raven Harris, 27, and Willie Earl Horsley, Sr., 31, both from Dubuque, Iowa, and Dale Edward White, 26, from Nashua, Iowa. All of these cases involved an unintentional shooting resulting in death or serious injury, and all of these cases involved the possession of a firearm by an illegal drug user. The cases demonstrate why guns and drugs are a dangerous combination.
“Federal law prohibits certain people from owning or even handling guns,” said United States Attorney Peter E. Deegan, Jr. “These include not only unlawful drug users, but convicted felons, convicted domestic abusers, persons with certain mental health histories, and illegal aliens. All of these shootings – including those resulting in the deaths of children – would have been avoided if the people involved had been following the law.” Deegan added, “As these cases also demonstrate, the consequences of illegally possessing a gun can include a felony conviction, going to federal prison, and being under court supervision for years. These cases highlight the commitment of local, state, and federal law enforcement to continue the fight against gun crime and to make our streets safer as part of Project Safe Neighborhood.”
The four recent prosecutions are:
1. On February 23, 2015, Robyn Lynn Merchant provided her 16-year-old son with a Walther HK MP5 .22 caliber rifle. The following day, police responded to Merchant’s residence in Vinton after receiving a 911 call that a shooting had taken place. When police arrived, they discovered a 14-year-old girl had been shot in an upstairs bedroom. That bedroom belonged to Merchant’s 16-year-old son. Merchant’s son was present in his bedroom at the time of the shooting. Also present in the bedroom were two additional 16-year-old males. The 14-year-old girl eventually died as a result of the gunshot wound.
At the time Merchant provided her son with the firearm, he was an unlawful user of marijuana. Her son regularly used marijuana in Merchant’s home, and a urine sample obtained from him the night of the shooting tested positive for marijuana. The night of the shooting, police saw evidence of recent drug and alcohol use in plain view in Merchant’s son’s bedroom. Police eventually seized a marijuana smoking pipe, drug paraphernalia, approximately seven ounces of marijuana individually packaged into eight separate plastic bags, and drug packaging materials from the bedroom. During the investigation, law enforcement learned that Merchant and her son conspired with each other to distribute marijuana from their residence. Some of their customers included other high school students who were friends of Merchant’s son.
On May 23, 2016, Merchant pled guilty to transferring a firearm to a prohibited person (a drug user). Merchant was sentenced on October 24, 2016, in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Merchant was sentenced to 46 months’ imprisonment. She must also serve a three-year term of supervised release after the prison term.
2. On January 2, 2016, police responded to Dale Edward White’s residence after receiving a 911 call regarding a shooting. Prior to the call, White and his father were handling a .22 caliber rifle in the living room of the residence they shared. The firearm was loaded with .22 caliber ammunition. During the handling of the firearm, the firearm unintentionally discharged, striking White’s father who eventually died as a result of this injury. During the investigation, police seized 49 firearms from White’s residence. These firearms included handguns, shotguns, and rifles. Police also seized evidence consistent with drug use. At the time he possessed these firearms, White was a user of methamphetamine and marijuana.
On April 27, 2016, White pled guilty to possessing a firearm and ammunition as a drug user. On August 31, 2016, he was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. White was sentenced to 47 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term.
3. On January 3, 2016, police responded to the residence of Raven Harris and Willie Earl Horsley, Sr., after receiving a 911 call regarding a shooting. Horsley and Harris were both unlawful users of marijuana and kept in their residence a .45 caliber pistol. Horsley and Harris had left the firearm in their bedroom, accessible to their minor children. The children began playing with the firearm, which led to the shooting of Horsley and Harris’ two-year-old son. The child suffered multiple injuries and was airlifted to the University of Iowa Hospitals for treatment.
On April 20, 2016, both Harris and Horsley pled guilty to being drug users in possession of a firearm and ammunition. On August 30, 2016, they were each sentenced in Cedar Rapids to a five-year term of probation by United States District Court Judge Linda R. Reade. On November 14, 2017, Judge Reade found that Horsley had violated the terms of his probation and sentenced him to 9 months’ imprisonment to be followed by a two-year term of supervised release.
4. On June 17, 2016, law enforcement officers and emergency medical personnel responded to Daniel Henriksen’s home in Elgin after receiving a 911 call reporting that a four-year-old boy had shot himself in the head. Once at the residence, they located a child suffering from a gunshot wound to his head. The child was transported to Palmer Lutheran Hospital in West Union, Iowa, where he was later pronounced dead. Investigators determined that Henriksen was the owner of the firearm used in the shooting. During a search of Henriksen’s residence, officers seized several items of drug paraphernalia, including marijuana smoking devices. Several of these items were analyzed at the Iowa Division of Criminal Investigation Criminalistics Laboratory and tested positive for marijuana.
On September 1, 2017, Henriksen pled guilty to being a drug user in possession of a firearm, specifically the Glock 36 .45 caliber handgun used in the shooting. Henriksen was sentenced on February 21, 2017, in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Henriksen was sentenced to two months’ imprisonment. He must also serve a three-year term of supervised release after the prison term.
There is no parole in the federal system.
These cases were prosecuted by Assistant United States Attorney Lisa C. Williams and were investigated by the Iowa Division of Criminal Investigation and the Fayette County Sheriff’s Office (Henriksen); the Vinton Police Department, the Iowa Department of Public Safety, the Department of Homeland Security, United States Immigration and Customs Enforcement, Homeland Security Investigations, and the Bureau of Alcohol Tobacco and Firearms (Merchant); the Dubuque Police Department (Harris and Horsley); and the Iowa Division of Criminal Investigation, the Nashua Police Department, the Chickasaw County Sheriff’s Office, and the Iowa State Patrol (White).
These cases were 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.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 17-cr-2021 (Henriksen); 16-cr-0017 (Merchant); 16-cr-1006 (Harris and Horsley); and 16-cr-2013 (White).
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U.S. Citizen Charged in Brooklyn Federal Court with Attempting to Provide Material Support to ISILRead the Press Release
Earlier today, a complaint was unsealed charging Bernard Augustine, a United States citizen, with attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL), a foreign terrorist organization. The defendant is scheduled to make his initial appearance this afternoon at the federal courthouse in Brooklyn before United States Magistrate Judge Vera M. Scanlon.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; John C. Demers, Assistant Attorney General for National Security; William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office; and James P. O'Neill, Commissioner, New York City Police Department (NYPD), announced the charges.
“As alleged in the complaint, Augustine sought to travel to Libya to join a violent terrorist organization,” stated United States Attorney Donoghue. “This Office and our law enforcement partners will continue to work tirelessly to arrest and prosecute aspiring terrorists before they are able to threaten the United States and its allies.” Mr. Donoghue extended his grateful appreciation to the FBI’s Joint Terrorism Task Force (JTTF), which comprises a large number of federal, state and local agencies from the region.
“Augustine, a U.S. citizen, traveled halfway around the world with the intent of joining ISIS. Today, that journey ends in a US courtroom to face the justice system for his alleged support for a terrorist organization,” stated FBI Assistant Director-in-Charge Sweeney. “The FBI New York Joint Terrorism Task Force remains dedicated to bringing terrorists to justice wherever they are. I would like to thank all of our partner agencies for their continued vigilance.”
“Today, as is too often the case, another person was arrested for attempting to provide material support to ISIS,” stated NYPD Commissioner O’Neill. “Terrorism, violence, and murder is not a pathway to martyrdom. We will continue to arrest anyone who attempts to join or help a terrorist organization. My thanks to the many detectives, agents, and prosecutors whose work on the original Joint Terrorism Task Force here in Manhattan made today’s arrest and charges possible.”
As alleged in the complaint, the defendant traveled to Tunisia in February 2016. Upon his arrival in Tunisia, the defendant attempted to travel to Libya to enter ISIL-controlled territory. The defendant was arrested in Tunisia before he was able to travel into Libya.
After Augustine completed his term of imprisonment in Tunisia, he was subject to expulsion and Tunisian authorities transferred the defendant to the custody of the FBI.
Prior to his departure from the United States, Augustine repeatedly expressed support for ISIL and for individuals who provided support to the foreign terrorist organization’s mission of violent extremism. In March 2016, JTTF agents obtained a search warrant for the defendant’s laptop computer. In reviewing the contents of the defendant’s laptop, agents found evidence that, in the months prior to his departure, the defendant had viewed numerous videos that depicted ISIL leaders and fighters, including fighters engaged in acts of violence. There was also evidence on the laptop that, during the same period, the defendant viewed videos depicting well-known figures who were public supporters of ISIL, or of engaging in violent acts against Westerners, including, among others, Usama Bin Laden and Anwar al-Awlaki. In addition, the defendant’s Internet search history information revealed that, in the months leading up to his departure from the United States, the defendant actively searched for information on ISIL, how to join ISIL, radical jihadist propaganda and firearms. Finally, the investigation revealed that, in the weeks leading up to his travel from the United States, the defendant made numerous postings in online forums expressing support for ISIL and violent jihad.
If convicted, Augustine faces a maximum sentence of 20 years in prison. The charge in the federal complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s National Security & Cybercrime Section and the Justice Department’s National Security Division. Assistant United States Attorney Peter Baldwin and Raj Parekh of the Counterterrorism Section of the National Security Division are in charge of the prosecution.
The Defendant:
BERNARD AUGUSTINE
Age: 21
Keyes, CaliforniaE.D.N.Y. Docket No. 16-MJ-1107
U.S. Citizen Charged with Attempting to Provide Material Support to ISISRead the Press Release
Earlier today, a complaint was unsealed charging Bernard Augustine, 21, of Keyes, California, with attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS or ISIL), a designated foreign terrorist organization.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Richard P. Donoghue for the Eastern District of New York, Assistant Director in Charge William F. Sweeney, Jr. of the FBI’s New York Field Office and Commissioner James P. O'Neill of the NYPD announced the charges. The defendant is scheduled to make his initial appearance today at the federal courthouse in Brooklyn, New York before U.S. Magistrate Judge Vera M. Scanlon.
As alleged in the complaint, the defendant traveled to Tunisia in February 2016. Upon his arrival in Tunisia, the defendant attempted to travel to Libya to enter ISIS-controlled territory. The defendant was arrested in Tunisia before he was able to travel into Libya.
Prior to his departure from the United States, Augustine repeatedly expressed support for ISIS and for individuals who provided support to the foreign terrorist organization’s mission of violent extremism. In March 2016, JTTF agents obtained a search warrant for the defendant’s laptop computer. In reviewing the contents of the defendant’s laptop, agents found evidence that, in the months prior to his departure, the defendant had viewed numerous videos that depicted ISIS leaders and fighters, including fighters engaged in acts of violence. There was also evidence on the laptop that, during the same period, the defendant viewed videos depicting well-known figures who were public supporters of ISIS or of engaging in violent acts against Westerners, including, among others, Usama Bin Laden and Anwar al-Awlaki. In addition, the defendant’s Internet search history information revealed that, in the months leading up to his departure from the United States, the defendant actively searched for information on ISIS, how to join ISIS, radical jihadist propaganda and firearms. Finally, the investigation revealed that, in the weeks leading up to his travel from the United States, the defendant made numerous postings in online forums expressing support for ISIS and violent jihad.
After Augustine completed his term of imprisonment in Tunisia, he was subject to expulsion and Tunisian authorities transferred the defendant to the custody of the FBI.
If convicted, Augustine faces a maximum sentence of 20 years in prison. The charge in the federal complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Mr. Demers and Mr. Donoghue extended their grateful appreciation to the FBI’s Joint Terrorism Task Force (JTTF), which comprises a large number of federal, state and local agencies from the region.
Assistant U.S. Attorney Peter Baldwin of the Eastern District of New York and Trial Attorney Raj Parekh of the National Security Division’s Counterterrorism Section are in charge of the prosecution.
Tyson Poultry Fined $2 Million for Violating the Clean Water ActRead the Press Release
Tyson Poultry Inc. was sentenced in federal court in Springfield, Missouri, to pay a $2 million criminal fine, serve two years of probation, and pay $500,000 to directly remedy harm caused when it violated the Clean Water Act, the Justice Department announced. The charges stemmed from discharges at Tyson’s slaughter and processing facility in Monett, Missouri that led to a major fish kill event.
Tyson Poultry, the nation’s largest chicken producer, is headquartered in Springdale, Arkansas, and is a subsidiary of Tyson Foods Inc. According to court records, Tyson Poultry’s conviction arose out of a spill at its feed mill in Aurora, Missouri, where it mixed ingredients to produce chicken feed. One ingredient was a liquid food supplement called “Alimet,” which is a very strong acid with a pH of less than one. In May 2014, the tank used to store Alimet at the Aurora feed mill sprang a leak. Tyson had the spilled substance transported to its Monett plant where the Alimet was then discharged into the sewers and flowed into the City of Monett municipal waste water treatment plant. The Alimet killed bacteria used to reduce ammonia in discharges from the treatment plant. As a result, more ammonia was released from the plant into Clear Creek, and approximately 108,000 fish were killed.
Under the terms of the plea agreement, Tyson Poultry also agreed to retain an independent, third-party auditor to examine environmental compliance at Tyson Poultry facilities across the country; conduct specialized environmental training at all of its poultry processing plants, hatcheries, feed mills, rendering plants, and waste water treatment plants; and implement improved policies and procedures to address the circumstances that gave rise to these violations.
“Good corporate practices are vital to protecting public health and our nation’s natural resources,” said Acting Assistant Attorney General Jeffrey H. Wood for the Environment & Natural Resources Division. “When corporate misconduct disregards human safety or the environment in violation of federal laws, the Department of Justice and EPA stand ready to pursue all necessary legal relief, including criminal penalties, to ensure that these acts do not go unpunished. We hope that the outcome of this case will be a lesson for all companies that deal with dangerous wastes.”
“Today’s sentence not only remedies the harm Tyson Poultry caused locally, but puts safeguards in place to prevent similar occurrences at Tyson Poultry facilities across the country,” said U.S. Attorney Timothy A. Garrison for the Western District of Missouri. “Tyson’s $2.5 million fine and restitution payment reflects the seriousness of this offense and our commitment to protect Missouri’s natural resources.”
“Today’s sentencing not only holds Tyson Poultry accountable for their illegal actions, it includes important requirements for the company to improve compliance with the law to prevent future violations,” said Assistant Administrator Susan Bodine for EPA’s Office of Enforcement and Compliance Assurance. “This case exemplifies EPA’s commitment to protect clean water by pursuing the most egregious violations.”
Acting Assistant Attorney General Wood and Acting U.S. Attorney Larson thanked the U.S. Environmental Protection Agency’s Criminal Investigation Division for its work in this investigation. The case was prosecuted by Senior Counsel Kris Dighe of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division and Assistant U.S. Attorneys Patrick Carney and Casey Clark of the United States Attorney’s Office for the Western District of Missouri.
Two Men Arrested for Exporting Firearms to ChechnyaRead the Press Release
ALEXANDRIA, Va. – Two Alexandria residents were arrested today on charges of international trafficking in firearms, smuggling and other charges.
According to allegations in the criminal complaint, Tengiz Sydykov, 28, and Eldar Rezvanov, 27, each citizens of Kyrgyzstan residing in Alexandria, purchased over 100 disassembled firearms and attempted to ship them to Chechnya without a license. The men attempted to smuggle the firearms to Chechnya by using false shipping inventories and disguising the disassembled firearms as kitchen utensils.
Sydykov and Rezvanov have been charged with violating the Arms Export Control Act, Conspiracy to Smuggle Goods from the United States, Wire Fraud, Bank Fraud and Money Laundering. Each defendant faces a maximum penalty of 20 years in prison, if convicted. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, John C. Demers, Assistant Attorney General for National Security, and Patrick J. Lechleitner, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., made the announcement. Assistant U.S. Attorney Ronald L. Walutes, Jr. and Senior Trial Attorney Heather Schmidt of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-mj-91, 92.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Two Agents from Puerto Rico Treasury Department (“Hacienda”) Sentenced for Accepting Bribes and ExtortionRead the Press Release
SAN JUAN, P.R. – US District Court Chief Judge Aida Delgado-Colón sentenced two former Treasury Department employees for extortion, announced United States Attorney for the District of Puerto Rico, Rosa Emilia Rodríguez-Vélez. The investigation was led by the FBI.
On March 2, 2017, a Federal grand jury returned a two-count indictment against Edwin Aponte-Hernández and Eduardo Collazo-Torres, two agents from the Puerto Rico Treasury Department, (“Hacienda”) charging them with one count of extortion and one count of accepting bribes in their role as agents for the Puerto Rico Treasury Department. Aponte-Hernández pled guilty to one count of extortion on August 31, 2017and was sentenced to six months in prison, six months of home incarceration, one year of supervised release, and 150 hours of community service. Collazo-Torres pled guilty to one count of extortion on October 12, 2017, and was sentenced to one year of home incarceration, three years of probation, and 150 hours of community service.
The government’s evidence showed that on or about June 10, 2015, Aponte-Hernández and Collazo-Torres, confiscated three (3) Adult Entertainment Machines that had expired licenses from a store in Rio Piedres, Puerto Rico. The owner of the machines contacted Aponte-Hernández who demanded $3,000.00 for the return of the machines and a waiver of the fine. The owner of the machines negotiated with Aponte-Hernández and Collazo-Torres and the parties eventually agreed that the owner of the machines would pay $1,500.00 in cash to the agents in exchange for the return of the machines.
Later that same day, the owner of the machines met with Aponte-Hernández and Collazo-Torres and in exchange for $1,500.00 was given the entertainment machines. The defendant and other agents then split the $1,500.00 between them. This cash payment was never reported to Hacienda and the defendants did not have authority to negotiate this illicit transaction.
The case was prosecuted by Assistant U.S. Attorney Nicholas W. Cannon. The case was investigated by the FBI, with the collaboration of the PR Treasury Department.
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Three Men Sentenced to A Total of 71 Months in Federal Prison for Possessing Credit Card Information “Skimmed” from Gas PumpsRead the Press Release
Memphis, TN – Three men have been sentenced for possession of 15 or more counterfeit or unauthorized access devices. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, on February 15, 2017, an agent with the West Tennessee Judicial Violent Crime and Drug Task Force conducted a traffic stop on a white Toyota Sienna Van, occupied by Jorge Vazquez Cedeno, 49, Pedro Luis Cabale, 48, and Pedro Alexander Cabello Cabale, 32.
The defendants and their respective sentences:
Jorge Vazuez Cedeno, 49, Miami, Florida: 28 months
Pedro Luis Cabale, 48, Miami, Florida: 28 months
Pedro Alexander Dabello, 32, Miami, Florida: 15 monthsCadeno, the driver, consented to a search of the van by law enforcement. The three defendants were in possession of the following items: 59 assorted gift cards, and credit cards, 23 of which had been fraudently re-encoded with card numbers and names embedded on the magnetic strip; five ribbon cables commonly used to illegally obtain credit card information from gas pumps; several keys which appeared to function as master keys to gas pumps; $10,460 in cash; and 2 laptop computers, one of which contained 4,781 victim credit card numbers, which were associated with 268 different banking and financial institutions. Because of these compromised credit card numbers, Capital One, Chase, Citibank and Wells Fargo sustained a total loss of $95,256.42.
The United States Secret Service, Collierville Police Department, and the West Tennessee Judicial Violent Crime and Drug Task Force investigated this case.
Assistant U.S. Attorney Dean DeCandia prosecuted this case on the government’s behalf.
Tampa Man Pleads Guilty to Hate Crime for Threatening to Burn Down a Home Being Purchased by Muslim FamilyRead the Press Release
The Justice Department today announced that David H. Howard, 59, of Tampa, Florida, pleaded guilty in the U.S. District Court for the Middle District of Florida, Tampa Division, to one count of threatening, intimidating, and interfering with a Muslim family’s enjoyment of their housing rights, in violation of Title 42 U.S.C. § 3631. Howard intimidated and interfered with the victims, who sought to purchase a home in the Davis Islands neighborhood of Tampa, Florida, by threatening to burn down the home, simply because it was being purchased by a Muslim family.
According to court documents, on Nov. 3, 2016, a Muslim man, identified as K.A., and his wife were conducting the final walk-through of a home they had placed under contract. As K.A. arrived for the final walk-through, the defendant approached K.A. and the seller identified as H.D., and the accompanying realtors, and yelled, “This sale will not take place!” Howard threatened to burn the house down, and told K.A., “You are not welcome here!” K.A. and his wife hurried away from the house and cancelled the closing of the home purchase that was scheduled to take place the next day. In the days that followed, Howard retold his version of the incident to neighbors, making insulting remarks about Muslims.
“The Department of Justice will not tolerate illegal threats or acts of intimidation against any individual because of their religious beliefs,” said Acting Assistant Attorney John Gore of the Civil Rights Division. “The Civil Rights Division will continue to work tirelessly to prosecute hate crime offenders.”
“Individuals and families should have the right to live wherever they choose, without intimidation or fear,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “Crimes perpetrated against people because of their race, ethnicity, color, or religious beliefs simply cannot be tolerated. And, we will prosecute those who commit these crimes to the fullest extent possible.”
“Hate motivated crimes are not only an attack on the victim, but are meant to threaten and intimidate an entire community," said FBI Tampa Division Special Agent in Charge Eric W. Sporre. “Reporting these types of crimes along with cooperation of the community is critical to ensuring a successful outcome in cases like this.”
A sentencing date has not yet been set. Howard faces a maximum punishment of 10 years in prison, up to three years of supervised release, and a fine up to $250,000.
This case was investigated by the FBI. It was prosecuted by Assistant U.S. Attorney Josephine W. Thomas of the Middle District of Florida and Trial Attorney William E. Nolan of the Civil Rights Division’s Criminal Section.
Tampa Man Pleads Guilty to Hate Crime for Threatening to Burn Down A Home Being Purchased by Muslim FamilyRead the Press Release
Tampa, FL – The Justice Department today announced that David H. Howard, 59, of Tampa, Florida, pleaded guilty in the U.S. District Court for the Middle District of Florida, Tampa Division, to one count of threatening, intimidating, and interfering with a Muslim family’s enjoyment of their housing rights, in violation of Title 42 U.S.C. § 3631. Howard intimidated and interfered with the victims, who sought to purchase a home in the Davis Islands neighborhood of Tampa, Florida, by threatening to burn down the home, simply because it was being purchased by a Muslim family.
According to court documents, on Nov. 3, 2016, a Muslim man, identified as K.A., and his wife were conducting the final walk-through of a home they had placed under contract. As K.A. arrived for the final walk-through, the defendant approached K.A. and the seller identified as H.D., and the accompanying realtors, and yelled, “This sale will not take place!” Howard threatened to burn the house down, and told K.A., “You are not welcome here!” K.A. and his wife hurried away from the house and cancelled the closing of the home purchase that was scheduled to take place the next day. In the days that followed, Howard retold his version of the incident to neighbors, making insulting remarks about Muslims.
“The Department of Justice will not tolerate illegal threats or acts of intimidation against any individual because of their religious beliefs,” said Acting Assistant Attorney John Gore of the Civil Rights Division. “The Civil Rights Division will continue to work tirelessly to prosecute hate crime offenders.”
“Individuals and families should have the right to live wherever they choose, without intimidation or fear,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “Crimes perpetrated against people because of their race, ethnicity, color, or religious beliefs simply cannot be tolerated. And, we will prosecute those who commit these crimes to the fullest extent possible.”
“Hate motivated crimes are not only an attack on the victim, but are meant to threaten and intimidate an entire community," said FBI Tampa Division Special Agent in Charge Eric W. Sporre. “Reporting these types of crimes along with cooperation of the community is critical to ensuring a successful outcome in cases like this.”
A sentencing date has not yet been set. Howard faces a maximum punishment of 10 years in prison, up to three years of supervised release, and a fine up to $250,000.
This case was investigated by the FBI. It was prosecuted by Assistant U.S. Attorney Josephine W. Thomas of the Middle District of Florida and Trial Attorney William E. Nolan of the Civil Rights Division’s Criminal Section.
State Trooper Among Men Charged with Drug-Trafficking CrimesRead the Press Release
COLUMBUS, Ohio – Six Ohio men, including an Ohio State Highway Patrol Trooper, have been arrested and charged by criminal complaint with drug-trafficking crimes arising in the Delaware, Ohio area.
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 other members of the Delaware County Drug Task Force announced the charges.
Each of the defendants is charged with possession with intent to distribute and distribution of controlled substances, as well as conspiracy to possess with intent to distribute and distribution of controlled substances.
Nicholas Glassburn, 47, of Delaware, Ohio, Carlos Carvalho, 42, of Sandusky, Ohio, and William Covrett, 41, are also charged with money laundering.
Jason Delcol, 43, and Benjamin Owings, 37, both of Delaware, Ohio, each face an additional charge of possession with intent to distribute and distribution of human growth hormone. Delcol is charged with one count of witness tampering, as well.
Stevedore Crawford, 55, of Columbus, is charged with the first two counts named.
According to the affidavit filed in support of the criminal complaint, in June 2017, the Delaware County Drug Task Force and the FBI opened an investigation into Glassburn’s suspected drug trafficking activity in the greater Delaware area.
The investigation identified others believed to be sources of the supply of drugs trafficked by Glassburn, including an active law enforcement officer – Delcol – who was receiving drugs from and providing drugs to Glassburn and at least one other individual.
“According to the affidavit, Delcol has used his position as a law enforcement officer to provide Glassburn with information, intervene in criminal cases of Glassburn and Owings, provide Glassburn with ballistic vests and corroborate Glassburn’s alibi to law enforcement when Glassburn was caught transporting drugs in August 2017,” U.S. Attorney Glassman said.
Investigators discovered communication between defendants about drug trafficking, including HGH, testosterone, Xanax, Oxycodone, Percocet, Adderall, Suboxone, cocaine, crack cocaine and marijuana.
The investigation also showed Glassburn owed $17,000 to Carvalho for marijuana. It is believed that Delcol provided ballistic vests to Glassburn, which he used in meeting with Carvalho. The investigation revealed that Carvalho is likely one of Glassburn’s main sources of supply of drugs.
Law enforcement surveillance shows Delcol visiting Glassburn’s residence at least 16 times since October 2017, including at least two occasions in which Delcol was driving his Ohio State Highway Patrol marked cruiser and in uniform. Further investigation revealed communications between the men discussing drug trafficking of HGH, testosterone, Xanax, Percocet and possibly other opioid pills.
It was also revealed that Delcol is a middleman between Glassburn and Owings. Owings supplies HGH and steroids to Delcol, which Delcol sells to Glassburn, and Glassburn sells pills to Delcol, which Delcol sells or gives to Owings.
It is also alleged that Delcol engaged in misleading conduct toward law enforcement officers to help Glassburn. On August 5, 2017, around 4:30am, police officers from a law enforcement agency discovered Glassburn asleep at the wheel and observed a drug pipe in the backseat. A search of the car discovered a substance that later tested positive for cocaine and a substance that later tested positive for cocaine base.
Glassburn claimed to just be tired and told officers he had found and removed the drugs from one of his children’s bedrooms. He said he called a Trooper friend of his, Delcol, and asked for advice on what to do with the drugs. Another officer who had stopped to assist had Glassburn call Delcol to verify his story. The Deputy spoke with Delcol, who stated Glassburn had children who were problems and also said he did not know Glassburn to be involved with drugs. During a recorded follow-up call with police officers, Delcol again served as Glassburn’s alibi.
Five of the six defendants were arrested today and remain in custody pending detention hearings on Thursday at noon and 12:30pm.
U.S. Attorney Glassman commended the investigation of this case by the FBI and Delaware County Drug Task Force, as well as Assistant United States Attorney Peter K. Glenn-Applegate, who is prosecuting the case.
A criminal complaint merely contains allegations, and the defendants are presumed innocent unless proven guilty in a court of law.
If you have any information related to these allegations and the individuals named, please contact the FBI at 614-224-1183.
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Stanislaus County Woman Indicted for Defrauding Social Security Administration of $190,000Read the Press Release
FRESNO, Calif. — Linda Expose, 54, of Salida, appears in court today for an indictment charging her with mail fraud and fraud on the Social Security Administration, U.S. Attorney McGregor W. Scott announced.
According to court documents, Expose began receiving Social Security benefits in 1980 and concealed from the Social Security Administration her 19-year employment at a children’s hospital during which she received income under a family member’s social security number. To facilitate her continued receipt of Social Security benefits, Expose repeatedly misrepresented to the Social Security Administration that she had never used another social security number other than her assigned number, and filed multiple applications for Social Security benefits under both numbers to maximize her receipt of such benefits. Expose allegedly defrauded the Social Security Administration of approximately $190,000 in benefits she was ineligible to receive and would not have received had she truthfully reported to the Social Security Administration the income she earned from the hospital.
This case is the product of an investigation by the Social Security Administration’s Office of Inspector General. Assistant U.S. Attorney Christopher D. Baker is prosecuting the case.
If convicted, Expose faces a maximum statutory penalty of 20 years in prison for the mail fraud charge and five years in prison for each of the two counts of Social Security benefits fraud, and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Serial Bank Robber Gets 15 Year SentenceRead the Press Release
A 50-year-old serial bank robber was sentenced February 26, 2018 in U.S. District Court in Seattle to 15 years in prison and five years of supervised release for armed bank robbery and brandishing a firearm during a crime of violence, announced U.S. Attorney Annette L. Hayes. VINCENT L. FIELDS, 50, of Tacoma was arrested March 22, 2017 following a bank robbery in Renton. FIELDS tried to avoid a car-to-car search following the robbery by fleeing from police at a high rate of speed. FIELDS crashed his car into another driver and fled on foot but was ultimately taken into custody. U.S. District Judge James L. Robart imposed the sentence.
According to records filed in the case, FIELDS began his bank robbery spree in February of 2017, robbing a Tacoma Wells Fargo branch on February 15 and a University Place Key Bank on February 21. On March 7 he robbed a Wells Fargo branch in University Place and attempted to rob a different Wells Fargo branch on March 9, 2017. On March 22, 2017, FIELDS brandished a distinctive submachine style gun at a teller and demanded cash. The quick thinking teller included a GPS tracking device with the cash. Law enforcement was able to trace FIELDS’ movements and caught up with him stopped at a Renton intersection. That’s when FIELDS took off traveling in the wrong lane of travel, striking another car before being taken into custody. The gun and the cash were recovered.
FIELDS was still on federal supervision for a 2012 drug trafficking conviction. FIELDS has a prior federal conviction for trafficking crack cocaine and state convictions from 1995 for second degree murder and possession of cocaine with intent to deliver.
The case was investigated by the FBI and the Renton Police Department. The case was prosecuted by Assistant United States Attorney Vince Lombardi.
Rwandan Native Pleads Guilty to Making A False StatementRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Peter Kalimu, 52, of Buffalo, NY, pleaded guilty, before Chief U.S. District Judge Frank P. Geraci, Jr., to making a materially false material. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Jonathan Cantil, who is handling the case, stated that the defendant, a native of Rwanda, concealed the fact that he previously used the name “Fidele Twizere.” Kalimu answered “none” to the question on his naturalization petition that asked “If you have even been known by any other names, provide them below.” In November 2014, the defendant provided a letter to Homeland Security agents claiming that he had never used another name (other than Peter Kalimu) and that he did not use any other name (other than Peter Kalimu) in Rwanda. Those statements prevented the Department of Homeland Security, which is responsible for determining if foreign nationals are qualified to become U.S. citizens, from fully investigating the defendant’s background.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and U.S. Citizenship and Immigration Services, under the direction of Edward A. Newman, Buffalo District Director.
Sentencing is scheduled for June 7, 2018, at 11:00 a.m. before Chief Judge Geraci.
Rapid City Man Sentenced for Possession of an Unregistered FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of an Unregistered Firearm was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Vance Layne Woodford, age 45, was sentenced on February 22, 2018, to 2 years of probation, ordered to pay a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Woodford was indicted for the charge by a federal grand jury on February 22, 2017. The conviction stems from Woodford illegally being in possession of a firearm suppressor and a .223 caliber rifle in Rapid City on February 10, 2017.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Rapid City Man Sentenced for Illegally Possessing a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Tyler Krebs, age 29, was sentenced on February 22, 2018, to time served, 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Krebs was indicted for the charge by a federal grand jury on June 21, 2016. The conviction stems from Krebs being found in possession of a 9mm pistol after a traffic stop in Rapid City on May 19, 2016, while being under the influence of a controlled substance.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Randolph County man admits to failing to update sex offender registryRead the Press Release
ELKINS, WEST VIRGINIA – Daniel Lee Vance, of Mill Creek, West Virginia, was sentenced today to 21 months incarceration for failing to update his sex offender registry, United States Attorney Bill Powell announced.
Vance, age 22, pled guilty to one count of “Failure to Update Sex Offender Registration” in December 2017. Vance admitted to moving from West Virginia to Ohio and failing to update his sex offender registration. The crime occurred from July to October 2017 in Marion County.
Assistant U.S. Attorney Sarah E. Wagner prosecuted the case on behalf of the government. The United States Marshal Service investigated.
U.S. District Judge John Preston Bailey presided.
Queens Man Indicted for Distributing Fentanyl from His Residence in QueensRead the Press Release
A two-count indictment was unsealed today in federal court in Brooklyn, charging David Wickham with conspiring to distribute and distributing more than 40 grams of fentanyl in Queens, New York. The defendant was arrested earlier today and is scheduled to be arraigned this afternoon before United States Magistrate Judge Vera M. Scanlon.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Angel M. Melendez, Special Agent-in-Charge, United States Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), New York, and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.
“As alleged in court filings, David Wickham sold fentanyl, a powerful opioid with potentially lethal consequences, which he represented to buyers on numerous occasions to be heroin,” stated United States Attorney Donoghue. “This Office will continue to work tirelessly with our law enforcement partners to prosecute those who contribute to the opioid epidemic plaguing the communities in our District, and to save lives by reducing the availability of the deadly drug.”
“Fentanyl is a killer, and drug pushers have been taking advantage of selling this highly addictive drug, preying on the vulnerabilities of people,” stated HSI Special Agent-in-Charge Melendez. “Combatting the smuggling and trafficking of fentanyl and opioids is a priority for HSI, and we are committed to work alongside our law enforcement partners to address this problem.”
According to court documents, between August and December 2017, the defendant sold almost 100 grams of fentanyl to an undercover officer. On several occasions, Wickham represented the narcotics to be heroin—a much less potent narcotic—when it was actually distributing fentanyl. Also according to court documents, the fentanyl sold by Wickham is linked to two fatal overdoses and one near-fatal overdose based on phone records and a witness’ statements. During the execution of Wickham’s arrest and the search of his residence and vehicle, pursuant to a search warrant, agents recovered a firearm from under the defendant’s bed, as well as suspected narcotics and drug paraphernalia, including a scale, baggies and hypodermic needles.
According to the Centers for Disease Control and Prevention (CDC) and the Department of Justice, drug overdoses have become the leading cause of death for Americans under the age of 50. The increase in overdose deaths has been driven in large part by fentanyl—a drug that has been described as 50 to 100 times more potent than morphine. In New York, from 2014 to 2015, fentanyl overdose deaths rose 135 percent, while heroin overdose deaths rose 28 percent. According to the CDC’s latest report analyzing overdose deaths nationally, in 2016 synthetic opioid deaths—which includes fentanyl—more than doubled from 9,580 in 2015 to 19,413 in 2016.
The charges in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, the defendant faces a mandatory minimum sentence of five years’ imprisonment and up to 40 years’ imprisonment.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorney Nomi D. Berenson is in charge of the prosecution.
The Defendant:
DAVID WICKHAM (also known as “Wick” and “Dogg”)
Age: 35
Queens, New YorkE.D.N.Y. Docket No. 18-CR-72 (ARR)
Providence Man Pleads Guilty to Drug Trafficking, Firearms ChargesRead the Press Release
PROVIDENCE, RI – A Providence man indicted during a year-long joint Project Safe Neighborhoods investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Providence Police, to identify individuals possessing or trafficking firearms in and around the Chad Brown neighborhood of Providence, today pleaded guilty in federal court to firearms and drug trafficking charges.
Lawrence M. Crowell, 32, pleaded guilty as charged in an indictment returned in December 2016 to one count each of possession with intent to distribute marijuana, felon in possession of a firearm and possession of a firearm in furtherance of drug trafficking. Crowell, who has been detained in federal custody since his arraignment on December 19, 2016, is scheduled to be sentenced by U.S. District Court Judge John J. McConnell, Jr., on May 16, 2018.
Project Safe Neighborhoods is a federal, state and local law enforcement collaboration to identify, investigate and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
Crowell’s guilty plea is announced by United States Attorney Stephen G. Dambruch; Mickey Leadingham, Special Agent in Charge of the Boston Field Division of ATF; and Providence Police Chief Colonel Hugh T. Clements, Jr.
According to court documents, on November 17, 2016, an individual assisting law enforcement in this Project Safe Neighborhoods investigation purchased $900 worth of marijuana from Crowell. During the transaction, which took place inside Crowell’s Chad Brown neighborhood apartment, Crowell removed a Sig Sauer pistol from his pocket and provided it to the individual for examination. Crowell told the individual that the firearm was “legit” and that he knew another person who had other types of firearms for sale. The firearm was returned to Crowell.
On November 21, 2016, ATF Agents, members of the ATF Task Force and Providence Police executed a court-authorized search of Crowell’s residence. In a bedroom, agents found nearly 363 grams of marijuana and the Sig Saur pistol, which was loaded with 12 rounds of hollow point ammunition and outfitted with a laser sight. In an attic, agents found a Ruger pistol secured by a gunlock, the key to which was found on Crowell’s key chain. The Ruger was loaded with 6 rounds of hollow point ammunition.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah.
The ATF Task Force is comprised of agents and officers from ATF, Providence Police Department, Pawtucket Police Department, Cranston Police Department, Rhode Island State Police, Providence Fire Department and the Rhode Island Department of Corrections.
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Portland Woman Pleads Guilty to Mailing Bomb ThreatsRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Nina Michalski, 61, of Portland, Maine, pled guilty today in U.S. District Court to sending bomb threats through the mail.
According to court records, between October 2016 and February 2017, Michalski sent three letters from Maine to religious congregations in California. These letters indicated that a bomb had been planted or would be planted in the congregations’ facilities.
Michalski faces up to 10 years in prison, a $250,000 fine, and three years of supervised release. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Contra Costa County, California Sheriff’s Office, the Walnut Creek, California Police Department, and the San Ramon, California Police Department.
Ponzi Scheme Nets Federal Prison Sentence, Probation for Berjac Company LeadersRead the Press Release
EUGENE, Ore. – On Tuesday, February 27, 2018, U.S. District Court Judge Michael J. McShane sentenced two former executives and two former employees of Berjac of Oregon for their roles in a multi-year Ponzi scheme impacting more than 400 investors.
Brothers Michael S. Holcomb, 74, and Gary L. Holcomb, 72, both of Junction City, Oregon, were sentenced to 72 months in federal prison followed by three-year terms of supervised release. Michael Holcomb’s daughters, Jennifer L. Chalmers, 46, of Eugene, and Kristen S. Van Breeman, 44, of Happy Valley, Oregon, each received five years’ probation and 250 hours of community service.
“The Holcomb brothers and their heirs apparent victimized hundreds of innocent Oregonians while perpetrating Lane County’s largest-ever Ponzi scheme. These defendants robbed investors of not only their hard-earned money, but also the months and years spent diligently investing for college, retirement and other financial goals,” said Billy J. Williams, U.S. Attorney for the District of Oregon. “It is unlikely these victims will ever be made whole.”
“For years, the owners of the Berjac of Oregon and Berjac of Portland firms treated their clients like personal ATM's, using a Ponzi scheme to fund millions in risky real estate deals, vacations and personal expenses. When the scheme finally came crashing down, more than 400 victims discovered the promised rewards were nothing more than lies. Many lost their life savings to the defendants' greed and dishonesty,” said Renn Cannon, Special Agent in Charge of the FBI in Oregon.
According to court documents, between 2008 and 2012, Michael and Gary Holcomb were the principal managing partners of Berjac, an insurance premium financing business based in Eugene and Portland, Oregon. During this time, the pair solicited investments purportedly used to finance loans to small businesses to pay for those businesses’ insurance premiums. Investors were promised between five and seven percent returns. Michael and Gary Holcomb went to extraordinary lengths to conceal the misdirection of investor funds and the underperformance of investments. They used their clients’ money to invest in speculative real estate projects, to fund generous lifestyles, and to satisfy other personal financial obligations.
Chalmers and Van Breeman worked as office managers at Berjac of Oregon, in Eugene, and Berjac of Portland, respectively. Both managed the day-to-day operations of the business and intended to one day assume ownership of the firm before it collapsed in August 2012.
On September 15, 2017, all four defendants pleaded guilty in federal court pursuant to plea agreements. Michael and Gary Holcomb each pleaded guilty to one count of conspiracy to commit mail and wire fraud and to one count of money laundering. Chalmers and Van Breeman each pleaded guilty to one count of money laundering.
This case was investigated by the FBI and IRS Criminal Investigation and prosecuted by Scott E. Bradford and Gavin W. Bruce, Assistant U.S. Attorneys for the District of Oregon.
Owings Mills Man Sentenced to 30 Months in Federal Prison for Mail FraudRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – On February 27, 2017, U.S. District Judge Marvin J. Garbis sentenced Saleh Stevens, age 45, of Owings Mills, Maryland, to 30 months in prison, followed by 3 years of supervised release. Judge Garbis also ordered that Stevens pay over $3.4 million in restitution.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon Johnson of the Federal Bureau of Investigation; and U.S. Trustee Gerard R. Vetter of the Baltimore office of the United States Trustee Program.
In August 2014, Stevens pleaded guilty to stealing over $3,000,000 from his employer, Hanover Insurance. According to his plea agreement. Stevens was an attorney licensed to practice in Maryland and worked as a senior claims adjustor and bond claim attorney in the bond department of The Hanover Insurance Company regional office in Towson, Maryland. In this position, Stevens was responsible for reviewing and managing claims related to surety bonds. These bonds were generally for construction projects to assist with claims processing. Hanover employed CPA firm accountants and engineers to assist Hanover manage and resolve claims.
Beginning in December 2011, Stevens began to embezzle funds from Hanover’s special surety workout accounts. These accounts were established and funded with Hanover’s reserve funds. Using his position as a bond claim attorney, Stevens directed the outside CPA firms to issue checks from these Hanover special reserve accounts to the bank accounts of third-party entities that Stevens either controlled, or were controlled by his friends.
For example, Stevens approached his high school friend and offered to pay him $40,000 in exchange for opening a nominee company with a bank account. His friend then opened Lundy Lighting Supply, LLC, a fictional corporate entity, that did not have a physical location, conduct any business, have any employees, nor any customers. Stevens sent embezzled funds to this fictitious company and accounts.
In some instances, Stevens directed the owners of these third-party entities to issue checks to him for his personal benefit or directed Hanover CPAs to issue checks made payable to entities that he controlled. Stevens used these funds to purchase luxury automobiles, (including a 2008 Maserati and a 2009 Mercedes), and a fifty-foot yacht. Stevens also spent approximately $1,900,000 to fund for a NASCAR racing team.
In total, Stevens embezzled $3,119,129.22 from The Hanover Insurance Company.
Co-conspirator, Eric Myles Gordon, age 50, of Baltimore County, Maryland, was previously convicted of conspiracy to commit mail and wire fraud, conspiracy to commit money laundering, and falsification of records in bankruptcy, and was sentenced to 36 months in prison.
Acting United States Attorney Stephen M. Schenning commended the FBI, and the United States Trustee’s Baltimore Office for their work in the investigation. Mr. Schenning thanked Assistant United States Attorneys Judson T. Mihok and P. Michael Cunningham, who prosecuted the case.
Niagara Falls Man Sentenced on Heroin ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Shaquan M. Shingledecker, 23, of Niagara Falls, NY, who was convicted of possession with intent to distribute heroin, was sentenced to 30 months by U.S. District Judge Elizabeth A. Wolford. The defendant will serve his federal sentence once he completes a 24 month sentence he is currently serving for a New York State Parole violation.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on February 2, 2017, New York State Troopers attempted to conduct a traffic stop of the defendant for a missing front license plate. Shingledecker did not pull over, but instead lead police on a high-speed chase at over 95 miles per hour through commercial and residential sections of Niagara Falls. The defendant lost control of his vehicle and crashed into the side of a house located at the intersection of Girard Avenue and 75th Street in Niagara Falls.
Inside Shingledecker’s vehicle at the accident scene, police found 95 glassine envelopes containing heroin, a loaded Ruger handgun with 10 rounds of ammunition, and $1,439.08 in United States currency.
Today’s sentencing is the result of an investigation by the New York State Police, under the direction of Major Edward Kennedy; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; and the Niagara Falls Police Department, under the direction of Superintendent Bryan DalPorto.
New York Man Sentenced to 54 Months in Prison for Role in Stolen Identity Refund Fraud SchemeRead the Press Release
NEWARK, N.J. – A Bronx, New York, man was sentenced today to 54 months in prison for his role in an extensive scheme to obtain money through fraudulently obtained refund checks issued by the U.S. Treasury, U.S. Attorney Craig Carpenito announced.
Hector Urena previously pleaded guilty before U.S. District Judge John Michael Vazquez to an information charging him with one count each of conspiracy to steal government funds, theft of government funds, and aggravated identity theft (Count Three). Judge Vazquez imposed the sentence today in Newark federal court
According to documents filed in this case and statements made in court:
Stolen Identity Refund Fraud (SIRF) is a common type of fraud committed against the United States government that involves the use of stolen identities to commit tax refund fraud. SIRF schemes generally share a number of hallmarks. Perpetrators obtain personal identifying information, including Social Security numbers and dates of birth, from unwitting individuals, who often reside in the Commonwealth of Puerto Rico. They then complete Form 1040 tax returns using the fraudulently obtained information and falsifying wages earned, taxes withheld, and other data, always ensuring that the fraudulent tax return generates a refund. They direct the U.S. Treasury Department to mail refund checks to locations that the perpetrators control or can access. With the fraudulently obtained refund checks in hand, SIRF perpetrators generate cash proceeds by depositing the checks into bank accounts that they control or cashing the checks at check cashing businesses.
The investigation revealed that Urena and others participated in a classic SIRF scheme. Urena’s conspirators obtained stolen identities to file fraudulent Form 1040s. He and his conspirators then used false and fraudulent documents to convert treasury checks into cash or other proceeds for their own profit at a check cashing business Urena owned. From August 2013 through May 2015, the scheme caused more than $2.7 million in losses to the U.S. Treasury.
In addition to the prison term, Judge Vazquez sentenced Urena to three years of supervised release and ordered him to pay $2.78 million in restitution.
U.S. Attorney Carpenito credited special agents of the IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen; postal inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Joseph W. Cronin; special agents of the U.S. Postal Service Office of Inspector General, under the direction of Special Agent in Charge Monica Weyler; and special agents of the U.S. Secret Service, under the direction of Special Agent in Charge Mark McKevitt; with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Elaine K. Lou of the Criminal Division in Newark.
New Orleans Man Sentenced for Illegal Possession of a Firearm and False Statements to Federal AgentsRead the Press Release
U.S. Attorney Duane A. Evans announced that DARRION YOUNG, age 32, from New Orleans, was sentenced to serve forty months imprisonment for being a felon in possession of a firearm and for making false statements to federal agents. DARRION YOUNG pleaded guilty in June 2017.
According to documents filed in court, DARRION YOUNG, who had previously been convicted of a felony in the United States District Court for the Eastern District of Louisiana, possessed a firearm on November 24, 2015. Moreover, after he was arrested, on two occasions, DARRION YOUNG made false statements to agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, during which he falsely accused a person of taking part in a shooting at the Bunny Friend Park on November 22, 2015. In fact, the person that DARRION YOUNG falsely accused was not in Louisiana on the date of the Bunny Friend Park shooting. However, that person was incarcerated for approximately two weeks until he was released.
In addition to the term of imprisonment, United States District Judge Susie Morgan sentenced DARRION YOUNG to a term of three years of supervised release.
U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives in investigating this matter. Assistant United States Attorney Jonathan L. Shih is in charge of the prosecution.
New Orleans CPA Sentenced for Filing a False Income Tax ReturnRead the Press Release
U.S. Attorney Duane A. Evans announced that New Orleans Certified Public Account (CPA), BRENDEL DEEMER, age 48, was sentenced to serve three years of probation and pay a $3,000 fine for willfully filing a false tax return for herself. DEEMER was charged in June 2017 with a single count of filing a false tax return. She pleaded guilty in September 2017.
According to documents filed in court, DEEMER filed a false 2010 individual income tax return that excluded income and inflated expenses for businesses under her control. DEEMER operated Deemer CPA & Consulting Services LLC since at least 2009. From 1999 through 2005, she also operated Building Blocks Academy, a day care center. Defendant DEEMER ceased operating Building Blocks Academy after Hurricane Katrina and did not resume operating the business. As DEEMER admitted pursuant to her guilty plea, for tax years 2009 and 2010, she filed individual income tax returns that falsely reported her Schedule C business income from Deemer CPA and Consulting Services, LLC, and her expenses for Building Blocks Academy.
In addition to the fine and term of probation, United States District Judge Jay C. Zainey sentenced DEEMER to pay $88,651.22 in restitution to the Internal Revenue Service, a $100 special assessment, and 100 hours of community service.
U.S. Attorney Evans praised the work of the Internal Revenue Service-Criminal Investigations in investigating this matter. Assistant United States Attorney Hayden Brockett is in charge of the prosecution.
New Haven Man Sentenced to 6 Years in Prison for Distributing HeroinRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that CARLOS SANTIAGO, also known as “Carlito,” 51, of New Haven, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 72 months of imprisonment, followed by four years of supervised release, for his role in a heroin trafficking ring.
According to court documents and statements made in court, the DEA’s New Haven Tactical Diversion Squad targeted a New Haven-based heroin trafficking organization led by Bienvenido and Antonio Gonzalez. The investigation, which included court-authorized wiretaps, controlled purchases of narcotics and physical and video surveillance, revealed that the Gonzalez brothers regularly purchased bulk quantities of heroin from suppliers located in the Bronx, New York, and sold the heroin through a network of redistributors, including SANTIAGO, in New Haven and elsewhere.
The investigation resulted in federal charges against 24 individuals.
SANTIAGO has been detained since his arrest on March 16, 2017. On November 30, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and distribution of, 100 grams or more of heroin.
Bienvenido Gonzalez and Antonio Gonzalez have pleaded guilty to related charges and await sentencing.
The DEA’s New Haven Tactical Diversion Squad includes officers from the Bristol, Hamden, Milford, Monroe, New Haven, Shelton, Wallingford and Wilton Police Departments. The New Haven, East Haven and West Haven Police Departments, together with the U.S. Coast Guard, provided valuable assistance to the investigation.
This case is being prosecuted by Assistant U.S. Attorneys Natasha M. Freismuth and Patrick F. Caruso.
NYPD Detective Charged with Perjury and Obstruction of JusticeRead the Press Release
A three-count indictment was unsealed earlier today in federal court in Brooklyn charging Michael Foder, a detective with the New York City Police Department (NYPD), with perjury and obstructing an official proceeding in connection with false sworn testimony that Foder gave in a proceeding in United States District Court on December 29, 2016. The defendant will be arraigned later today before United States Magistrate Judge Vera M. Scanlon.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neill, Commissioner, NYPD, announced the charges.
According to the indictment and court filings, Foder falsely testified under oath about when and how he showed photographs of two robbery suspects to a victim of the robbery. Following the hearing, the government identified several discrepancies in the photo array identifications. Handwritten notations indicated that the photo arrays had been completed on November 27, 2015 and February 14, 2016, as Foder had testified. However, the photographs of fillers depicted in the photo arrays had been taken on dates subsequent to the dates Foder claimed he had shown them to the victim witness. Foder is alleged to have falsified documentation relating to the purported identifications made by the victim.
“As alleged in the indictment, this defendant provided false testimony in a federal criminal proceeding,” stated United States Attorney Donoghue. “Our justice system relies upon the absolute integrity of our law enforcement officers and, while the vast majority of officers uphold that standard, we will not hesitate to act when one does not.”
“As alleged, Foder committed a serious crime by lying while under oath. In doing so, he threatened the reputation of the honest men and women of law enforcement who work selflessly to weed out crime and keep their communities safe,” stated FBI Assistant Director-in-Charge Sweeney. “We hold all officers to the highest standards, and we’ll be quick to respond whenever these ideals are challenged–there are no exceptions.”
“The NYPD and all the people we serve expect the highest levels of integrity and truthfulness from our police officers, who swore an oath to uphold the fundamental principles of our city, state, and nation,” Police Commissioner O’Neill said. “The detective charged today broke that oath by willfully giving false testimony, an act that makes the job of every other police officer more difficult. The NYPD goes to enormous lengths to detect those who break the law or do not follow policies and procedures – from integrity testing by our Internal Affairs Bureau; to auditing of crime and other reports; to regular collaboration with local and federal prosecutors; to proactive training for all police officers, new investigators, and supervisors.”
The charges in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorney Nathan Reilly is in charge of the prosecution.
The Defendant:
MICHAEL FODER
Age: 41
Staten Island, NYE.D.N.Y. Docket No. 18-CR-97 (PKC)
Minnesota Man Sentenced to 210 Months for Travel with Intent to Engage in Illicit Sexual ConductRead the Press Release
United States Attorney Ron Parsons announced that a Pipestone, Minnesota, man convicted of Travel with Intent to Engage in Illicit Sexual Conduct was sentenced by U.S. District Judge Karen E. Schreier on February 26, 2018.
Roger Blaisdell, age 60, was sentenced to 210 months in custody, followed by 10 years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.
Blaisdell was indicted for intent to engage in illicit sexual conduct and attempted production of child pornography by a federal grand jury on November 1, 2016. He pled guilty on October 12, 2017.
“Our office is fortunate to be able to work with the dedicated law enforcement teams at Homeland Security Investigations and ICE in putting criminals like this behind bars where they belong,” said U.S. Attorney Parsons. “Our children and our communities are safer today because of their efforts.”
On October 14, 2016, Blaisdell responded to an advertisement on the Craigslist internet website. Unknown to Blaisdell, an undercover law enforcement officer had placed the advertisement. Through a series of emails and text messages, Blaisdell arranged to have sexual contact with a 10-year-old female and a 13-year-old female at a hotel in Sioux Falls, South Dakota. On October 19, 2016, Blaisdell traveled from his residence in Pipestone to the hotel in Sioux Falls, where he had rented a room.
“This sentencing sends a very strong message to child predators that HSI is committed to working with federal prosecutors to protect children from sexual predators,” said Acting Special Agent in Charge Eugene Paulauskas of HSI St. Paul. “The men and women of HSI are dedicated to relentlessly seeking justice for the victims of these horrendous crimes.”
This case was investigated by U.S. Immigration and Customs Enforcement and the Department of Homeland Security. Assistant U.S. Attorney Jeff Clapper prosecuted the case.
Blaisdell was immediately turned over to the custody of the U.S. Marshals Service.
Mexican Citizen Sentenced to over 6 Years in Prison for Assaulting Federal AgentRead the Press Release
TUCSON, Ariz. – On Feb. 22, 2018, Leopoldo Rubio-Quinonez, of Sinaloa, Mexico, was sentenced by U.S. District Judge Cindy K. Jorgenson to 78 months in prison. Rubio-Quinonez had previously pleaded guilty to assaulting a federal officer and reentry of a removed alien.
On Dec. 24, 2016, Rubio-Quininez assaulted a United States Border Patrol Agent who was arresting him for an immigration violation. In the process, Rubio-Quinonez bit the agent's thumb causing a severe injury. Rubio-Quininez also attempted to grab the agent's firearm. During the assault, Rubio-Quinonez told the agent that he was going to kill him.
The investigation in this case was conducted by the United States Border Patrol. The prosecution was handled by Jesse Figueroa and Karen Rolley, Assistant U.S. Attorneys, District of Arizona, Tucson.
CASE NUMBER: CR-17-0094-TUC-(LAB)
RELEASE NUMBER: 2018-17_ Rubio-Quinonez
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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.
Methamphetamine Importer Heads to PrisonRead the Press Release
LAREDO, Texas – A 22-year-old Texas man has been ordered to federal prison following his conviction of importing more than 56 kilograms of methamphetamine, announced U.S. Attorney Ryan K. Patrick. Amado Flores-Casas Jr., of Elgin, pleaded guilty Sept. 1, 2017.
Today, U.S. District Judge Keith P. Ellison handed Flores a total sentence of 120 months in federal prison followed by five years of supervised release. In handing down the sentence, the court noted that this was the defendant’s first drug offense and had no record of violent crimes.
On June 17, 2017, Flores arrived at the Lincoln Juarez International Bridge in Laredo driving a white Ford F-150. He was ordered to secondary inspection, at which time agents using a fiber optic scope noticed crystallization and a thick milky substance below the gasoline inside the tank of the vehicle. Authorities removed the gas tank and discovered approximately 56.78 kilograms of liquid methamphetamine.
Flores 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 Christopher S. Coker prosecuted the case.
Manchester Man Sentenced to 54 Months in Prison for Firearm Offenses, Violating Supervised ReleaseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ROBERT V. GENTILE, 81, of Manchester, was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to 54 months of imprisonment, followed by three years of supervised release, for firearm offenses, and for violating the conditions of his supervised release from a prior federal conviction. Judge Chatigny ordered GENTILE to serve the first six months of his supervised release in home confinement.
According to court documents and statements made in court, on February 10, 2012, GENTILE was arrested after a federal investigation had revealed that he was involved in the illegal distribution of prescription narcotics. Subsequent court-authorized searches of GENTILE’s Manchester residence resulted in the seizure of 200 Percocet tablets packaged for distribution, two .38 caliber Smith & Wesson revolvers, a .22 caliber North American Arms revolver, a .22 caliber derringer, a 12-gauge pistol-grip shotgun, numerous rounds of ammunition, boxes of 12-gauge shotgun shells, five handgun silencers, other items and approximately $22,000 in cash. GENTILE pleaded guilty to federal drug and firearm offenses and, on May 9, 2013, was sentenced to 30 months of imprisonment, followed by three years of supervised release.
On March 2, 2015, while on supervised release, GENTILE sold a .38 Colt Cobra revolver, which was loaded with five rounds of Smith & Wesson .38 Special ammunition, for $1,000 to an individual he knew to be a convicted felon. The sale occurred at GENTILE’s residence, where the revolver had been hidden in a couch cushion.
GENTILE was arrested on a criminal complaint on April 17, 2015, and was ordered detained. On April 28, 2015, a grand jury returned an indictment charging him with possession of ammunition by a convicted felon, and sale of a firearm to a convicted felon.
On May 2, 2016, FBI special agents executed an unrelated federal search warrant at GENTILE’s Manchester residence and seized a .22 caliber Browning semi-automatic pistol, a 9mm Walther semi-automatic pistol, a .380 caliber RPB Industries, M11-Al semi-automatic pistol, and an unregistered silencer. On May 24, 2016, a grand jury returned an indictment charging GENTILE with one count of possession of firearms by a previously convicted felon, and one count of possession of an unregistered silencer.
On April 6, 2017, GENTILE pleaded guilty to one count of possession of ammunition by a previously convicted felon, one count of possession of firearms by a previously convicted felon, and one count of possession of an unregistered silencer. GENTILE also admitted that he violated the terms and conditions of his supervised release.
Judge Chatigny sentenced GENTILE to 42 months of imprisonment for the three firearm offenses, and a consecutive 12 months of imprisonment for violating the conditions of his supervised release.
GENTILE has been detained since his arrest on April 17, 2015.
This matter was investigated by the Federal Bureau of Investigation, with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by U.S. Attorney John H. Durham.
Man Sentenced to 16 Years in Prison for Child Pornography and Failure to Register as a Sex OffenderRead the Press Release
BOSTON – A former Massachusetts man was sentenced today in federal court in Boston for possessing and distributing child pornography and for failing to register as a sex offender. The offenses stem from two separate cases.
Scot Letourneau, 44, formerly of Quincy and Maine, was sentenced by U.S. District Court Judge Denise J. Casper to 16 years in prison and five years of supervised release. In November 2017, Letourneau pleaded guilty to one count of distribution of child pornography and one count of possession of child pornography; and in a separate case, he pleaded guilty to failure to register as a sex offender.
In early 2015, law enforcement learned that an individual was trading images of child pornography on Kik Messenger with an individual in Connecticut. Further investigation linked the Kik Messenger account to Letourneau. On May 21, 2015, a search warrant was executed at Letourneau’s home, and a preliminary review of his cellphone revealed that he exchanged images of child pornography with others. Forensic analysis revealed that Letourneau had a collection of approximately 103 videos and more than 500 images of children engaged in sexually explicit acts.
After Letourneau was arrested and charged in May 2015, the government sought to detain him pending trial based on his prior convictions, including a 2004 conviction of distribution of child pornography in Cheshire County (N.H.) Superior Court. However, on Aug. 5, 2015, the Court released Letourneau on an electronic bracelet and home confinement in Maine. On Nov. 3, 2015, Letourneau fled Maine to New Mexico, where he resided under an alias. In March, 2017, Letourneau was apprehended in Denver, Colo., and later returned to Massachusetts.
In addition, as a result of his 2004 conviction, Letourneau is required to register as a sex offender, which he failed to do while living in New Mexico as a fugitive under an alias.
Due to Letourneau’s previous child pornography conviction, the current charge of distribution of child pornography provides for a mandatory minimum sentence of 15 years and no greater than 40 years in prison; and the charge of possession of child pornography provides for a mandatory minimum of 10 years and no greater than 20 years in prison. Both charges provide for a mandatory minimum of five years and up to a lifetime of supervised release and a fine of $250,000. The charge of failure to register as a sex offender provides for no greater than 10 years in prison, a mandatory minimum of five years and up to a lifetime of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling, John Gibbons, U.S. Marshal for the District of Massachusetts, and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistance was also provided by the U.S. Marshals Service for the District of Colorado; the Adams County (Colo.) Sheriff’s Department; the Connecticut State Police; the Quincy Police Department; and the U.S. Coast Guard. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Man Sentenced for Retaliation Against Federal OfficerRead the Press Release
RICHMOND, Va. – A Chester man was sentenced today to 71 months in prison for retaliating against a federal agent by false claim, and bankruptcy fraud.
Shapat Nabaya, aka Norman Abbott, 60, was convicted by a federal jury on Oct. 19, 2017. According to court records and evidence presented at trial, Nabaya filed numerous civil lawsuits and a false mechanic’s lien against an IRS revenue officer in retaliation for the officer filing a lien on Nabaya’s pension after Nabaya had failed to pay his federal taxes for several years. Nabaya also filed a false involuntary bankruptcy petition against the same revenue officer in the U.S. Bankruptcy Court for the Eastern District of Virginia.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Kimberly Lappin, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI), made the announcement after sentencing by U.S. District Judge M. Hannah Lauck. Assistant U.S. Attorneys Gabrielle Michalak and Jessica D. Aber 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-03.
Man Pleads Guilty to $480K Youth Counseling ScamRead the Press Release
RICHMOND, Va. – A Georgia man pleaded guilty today to defrauding the City of Hopewell of approximately $480,000 and evading his personal income taxes.
According to court documents, Keith Hayes, 46, of Decatur, formed a business he named “A World of Possibilities” (WOP) in October of 2011, for the ostensible purpose of providing mentoring and counseling services to at-risk students at public schools in the City of Hopewell. At the time that Hayes created WOP, Hayes had a close personal relationship with a person identified in court documents as Co-Conspirator One, who was employed as the City of Hopewell’s Comprehensive Services Act (CSA) Coordinator. In that capacity, Co-Conspirator One was responsible for directing CSA-funded counseling contracts to service providers, and began appointing WOP as the approved service provider for a number of at-risk students in Hopewell City Public Schools. Under those contracts, Hayes was supposed to provide mentoring and counseling services to those at-risk students. However, despite the fact that WOP did not employ any counselors and never provided any services to any Hopewell student, WOP billed the City of Hopewell for $480,875 worth of counseling services between November 2011 and June 2015.
During this same time period, Hayes also evaded making any income tax payments, despite taking in more than $588,000 in income between 2011 and 2015. Hayes’s total tax evasion liability amounts to more than $169,000.
Hayes pleaded guilty to mail fraud and tax evasion and faces a maximum penalty of 20 years in prison when sentenced on August 13. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office, and Kimberly Lappin, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI), made the announcement after U.S. District Judge M. Hannah Lauck accepted the plea. Assistant U.S. Attorney Thomas A. Garnett is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:17-cr-154.
Lewiston Man Charged with Marijuana Trafficking and Butane Hash Oil ManufacturingRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Richard Daniels, a/k/a “Stitch”, 52, of Lewiston, Maine, was arrested and charged today by criminal complaint in U.S. District Court with possession with intent to distribute marijuana and manufacturing butane hash oil.
According to the complaint, the charges arose from an investigation into a drug trafficking organization located in the Lewiston-Auburn area that is alleged to have grown and distributed large quantities of marijuana in violation of federal law, and under the cover of, but in violation of, Maine’s Medical Marijuana program. The organization cultivated marijuana at numerous warehouses in Androscoggin County and distributed marijuana to people who were not participants in Maine’s Medical Marijuana program, including out-of-state customers. This organization also grew marijuana as a precursor for the illegal manufacture of marijuana concentrates known as butane hash oil and “shatter,” a product made from butane hash oil.
Today, federal, state and local law enforcement agents executed over 20 search warrants in the Lewiston-Auburn area associated with the organization. The defendant’s residence and garage were searched and agents seized over 50 kilograms of marijuana, six mason jars partially filled with butane hash oil, and a kilogram of shatter. The defendant’s garage contained a butane hash oil laboratory.
If convicted, the defendant faces up to 20 years in prison and a $1,000,000 fine.
The defendant is expected to make an initial appearance in U.S. District Court today at 4:30 p.m. in Portland.
The investigation is being conducted by the U.S. Drug Enforcement Administration; the Internal Revenue Service, Criminal Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the FBI; the Maine State Police; and the Lewiston, Auburn, Windham, Biddeford and Scarborough Police Departments.
A criminal complaint is merely an accusation, and a defendant is presumed innocent unless proven guilty in a court of law.
Lead Man Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that a Lead, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Timothy Conwell, age 37, was sentenced on February 23, 2018, to 71 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Conwell was indicted for the charge by a federal grand jury on January 24, 2017. The conviction stems from Conwell conspiring with another person to distribute more than 50 grams of methamphetamine near Deadwood.
This case was investigated by the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Conwell was immediately turned over to the custody of the U.S. Marshals Service.
Landover Man Sentenced to 10 Years in Prison for Firearm PossessionRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – United States District Judge Paul W. Grimm sentenced Michael Wayne Brown, age 40, of Landover, Maryland, today to 10 years in prison followed by three years of supervised release for firearm possession and firearm possession in a school zone.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Daniel L. Board, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Chief Hank Stawinski of the Prince George’s County Police Department.
According to his plea agreement on July 14, 2016, members of the Prince George’s Police Department executed a search warrant at Brown’s home in Landover. The residence was located near two difference school zones – the William Paca Elementary School and the Pentecostal Evangelical Church. During the course of the search, law enforcement officers recovered five grams of marijuana $5,200 and a loaded .40 caliber handgun.
Brown knowingly possessed the handgun, which was manufactured outside of Maryland, and he was not licensed to deal, import, manufacture or collect firearms. He also knowingly possessed the firearm on the grounds or within 1,000 feet of a school zone.
Acting United States Attorney Stephen M. Schenning commended the ATF and Prince George’s County Police Department for their work in the investigation. Mr. Schenning thanked Assistant United States Attorney Jennifer Sykes and Trial Attorney Sarah Edwards of the Criminal Division’s Fraud Section, who prosecuted the case.
Kewa Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Ruben Cheykaychi, 35, an enrolled member and resident of Kewa Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge.
The BIA arrested Cheykaychi in May 2017, on an indictment charging him with assault with a dangerous weapon with intent to do bodily harm. According to the indictment, Cheykaychi committed the crime on April 20, 2016, on the Kewa Pueblo Indian Reservation in Sandoval County, N.M.
During today’s proceedings, Cheykaychi pled guilty to the indictment and admitted assaulting his ex-girlfriend on April 20, 2016, after seeing her vehicle parked in an area of Kewa Pueblo. In his plea agreement, Cheykaychi stated that, after a failed attempt to engage her in conversation, he became upset and began yelling at the victim. Cheykaychi admitted retrieving a BB gun, which resembled a real handgun, from his vehicle and holding it to the victim’s head while threatening to shoot her. He also admitted putting the BB gun in the victim’s mouth while continuing to yell at her and threatening her, and attempting to take her car keys from her to prevent her from escaping.
At sentencing, Cheykaychi faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by Southern Pueblos Agency of the BIA, Office of Justice Services. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Kansas Man Sentenced to 12 Years for Possessing Meth to DistributeRead the Press Release
SPRINGFIELD, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced that a Topeka, Kan., man was sentenced in federal court today for distributing large amounts of methamphetamine in the Joplin, Mo., area.
Jacob A. Beckham, 33, of Topeka, Kan., was sentenced by U.S. District Judge M. Douglas Harpool to 12 years in federal prison without parole.
On July 26, 2017, Beckham pleaded guilty to possessing methamphetamine with the intent to distribute.
According to court documents, a detective with the Newton County, Mo., Sheriff’s Department saw Beckham, driving a black Ford Fusion, swerve over the yellow line several times on I-49 near Highway V on May 5, 2015. A deputy followed the vehicle to the parking lot of Shoal Creek Plaza and activated his vehicle’s emergency lights and siren. Beckham’s vehicle sped off and the deputy pursued him in a high-speed chase. During the chase, the deputy saw Beckham throw several items out of the vehicle, including a black and silver case.
When the vehicle came to a stop at a dead end near 6580 Hereford Road, Beckham attempted to flee on foot. The deputy caught Beckham after a short pursuit. When Beckham and the passengers in his vehicle were secured, law enforcement officers recovered the contents that were thrown from the vehicle during the pursuit. Those items included the black and silver case, nine clear baggies that contained a total of 167 grams of crystal methamphetamine, 22 bags with methamphetamine residue, two marijuana joints, seven cell phones and drug paraphernalia. Three passengers in the vehicle confirmed that Beckham threw the case that contained methamphetamine out of the car as he was being pursued by law enforcement.
Beckham admitted that prior to his encounter with law enforcement on May 5, 2015, he had been selling approximately two pounds or more of methamphetamine per month within the past year. Beckham is conservatively responsible for distributing approximately 24 pounds of methamphetamine.
Beckham has five previous convictions for possession of methamphetamine.
This case was prosecuted by Assistant U.S. Attorney Abram McGull, II. It was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Newton County, Mo., Sheriff’s Department.
Justice Department to File Statement of Interest in Opioid CaseRead the Press Release
The Department of Justice today announced it will be filing a Statement of Interest in a multi-district action regarding hundreds of lawsuits against opioid manufacturers and distributors.
The plaintiffs include numerous cities, municipalities, and medical institutions that have borne the costs of the prescription opioid crisis. The plaintiffs seek to recover the costs associated with providing treatment and public safety measures relating to the opioid epidemic from those who allegedly used false, deceptive, or unfair marketing practices for prescription opioid drugs.
The Justice Department will primarily argue that the federal government—through various federal health programs and law enforcement efforts—has borne substantial costs from the opioid epidemic and seeks reimbursement.
In announcing the plan to file the Statement of Interest, Attorney General Jeff Sessions provided the following statement: “Opioid abuse is driving the deadliest drug crisis in American history. It has cost this nation hundreds of thousands of precious lives. It has strained our public health and law enforcement resources and bankrupted countless families across this country. President Trump and this administration have made ending this unprecedented crisis a priority, and the Department of Justice is committed to using every lawful tool at our disposal to turn the tide. We will seek to hold accountable those whose illegality has cost us billions of taxpayer dollars.”Justice Department Reaches Agreement with Jackson County Florida School District on School DesegregationRead the Press Release
The Department of Justice on Friday, Feb. 23, reached an agreement with the Jackson County School Board in Florida that paves the way for the district to complete desegregation and achieve full unitary status. The agreement, which was approved by the U.S. District Court for the Northern District of Florida on Friday, addresses all remaining issues in the school desegregation case and, when fully implemented, will lead to the closure of that case.
The agreement declares that the district has achieved partial unitary status in the areas of student assignment (between schools); transportation; extracurricular activities; and facilities. The agreement retains judicial supervision over the areas of recruitment, hiring and promotion; and within-school segregation related to student discipline.
The agreement puts the district on a path to full unitary status by early 2020 provided it takes steps including: formalizing and implementing a plan to attract a diverse pool of applicants for faculty, administrator, and staff vacancies; revising the District’s code of conduct to ensure fairness and consistency in the handling of student disciplinary offenses; and providing district staff with additional tools to address student misbehavior and promote positive behavior.
The court will retain jurisdiction over the agreement during its implementation, and the Justice Department will monitor the district’s compliance.
“We are pleased with the work the district has done to comply with many of its desegregation obligations,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “We look forward to working with the district to ensure fair and equal treatment for all its students in the remaining areas and bringing this case to a successful close.”
Promoting school desegregation and enforcing Title IV of the Civil Rights Act of 1964 is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt.
Juan E. Seary-Colón, a.k.a. “Ricky Diablo” Found Guilty of Hobbs Act Robbery and MurderRead the Press Release
SAN JUAN, PR – Yesterday, after a four-day jury trial, a jury found Juan E. Seary-Colón, a.k.a. “Ricky Diablo” guilty of Hobbs Act robbery and murder, announced United States Attorney Rosa Emilia Rodríguez-Vélez. The FBI and the Puerto Rico Police Department (PRPD) were in charge of the investigation. On April 19, 2012, Seary-Colón was charged in a four-count indictment with interference of commerce by robbery, possession, and use of a firearm in furtherance of a crime of violence resulting in death, and possession of a firearm by prohibited person.
During trial, the government showed that on April 3, 2012, Juan E. Seary-Colón, aka “Ricky Diablo,” entered Piezas Importadas Inc., a business dedicated to the sale of automobile parts in Carolina, PR, and without warning shot the manager, David Méndez-Calderón, killing him. The government presented eyewitness testimony that narrated how the defendant and another assailant entered the store, shot Mr. Méndez-Calderón, and stole approximately $1,000.00 from Piezas Importadas’ employees. Seary-Colón was identified by eyewitnesses in the days after the robbery and was arrested by PRPD on April 6, 2012. The defendant will be sentenced on June 5, 2018 before the Honorable District Judge Gustavo A. Gelpi.
“I hope that this conviction will help Mr. Méndez-Calderón’s family find some closure,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “We will continue to work diligently to prosecute violent criminals to the fullest extent of the law. Senseless acts of violence which threaten our communities and innocent victims will not be tolerated.”
The case was prosecuted by Assistant United States Attorneys Nicholas Cannon and Scott Anderson.
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Indianapolis Man Sentenced to 120 Months in PrisonRead the Press Release
HAMMOND- Jermaine Johnson, 32, of Indianapolis, Indiana, was sentenced before Judge Jon E. DeGuilio on his plea of guilty to possessing with intent to distribute 100 grams or more of heroin, announced U.S. Attorney Thomas L. Kirsch II.
Johnson was sentenced to 120 months imprisonment and 4 years of supervised release.
According to documents in this case, on February 17, 2016 Johnson was the passenger in a car pulled over for speeding by the Indiana State Police. After detection of marijuana within the car, the car was searched and law enforcement found 3 bricks of heroin within the engine compartment weighing 784 grams along with over $84,000 in cash. Johnson admitted at the time that both the heroin and money were in his possession.
This case was investigated by the Drug Enforcement Administration/HIDTA Group and the Indiana State Police. This case was prosecuted by Assistant U.S. Attorney Thomas McGrath.
Houma Man Indicted on Heroin ChargesRead the Press Release
U.S. Attorney Duane A. Evans announced, after the unsealing of an indictment, that MICHAEL C. CRAWFORD, JR., age 42, of Houma, was charged with three counts of distribution of heroin.
According to the indictment, on January 20, 24, and 30, 2018, CRAWFORD distributed a quantity of a mixture containing a detectible amount of heroin. If convicted of these charges, the defendant face a term of imprisonment of up to twenty years.
U.S. Attorney Evans reiterated that the indictment is merely an allegation and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case is being investigated by the Drug Enforcement Administration and the Terrebonne Parish Sheriff’s Office. Assistant United States Attorneys James S. C. Baehr, Nicholas D. Moses, and André Jones are in charge of the prosecution.
Holy Cross Man Sentenced to Federal Prison for Unlawfully Possessing GunsRead the Press Release
A convicted felon who unlawfully possessed a firearm was sentenced today to a year in federal prison.
Brett John Schmerbach, age 44, from Holy Cross, Iowa, received the prison term after a September 24, 2017, guilty plea to possession of a firearm by a felon. At the guilty plea, Schmerbach admitted that on December 30, 2016, he possessed three guns: (1) a Browning, BPS Micro Midas, 20 gauge shotgun; (2) a Remington Arms Company, 870 Express Magnum, 12 gauge shotgun; and (3) a Henry Repeating Rifle Company, H004, Golden Boy, .22 caliber rifle. At the time he possessed the guns, Schmerbach had twice been convicted felony operating while intoxicated offenses. The guns were found at Schmerbach’s residence while police were searching the residence pursuant to a search warrant. Besides the guns, officers also found methamphetamine, drug paraphernalia, and ammunition.
Schmerbach was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Schmerbach was sentenced to 12 months’ imprisonment and fined $5,500. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
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.
Schmerbach is being held in United States Marshal’s custody until he can be transported to a federal prison. Schmerbach was originally released on supervised release following his indictment, but was later detained due to his failure to follow the conditions of his release set by the District Court.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Delaware County Sheriff’s Office and the Bureau of Alcohol, Tobacco, and Firearms.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-cr-02059.
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Hibbing Man Sentenced to 20 Years in Federal Prison for Producing Child PornographyRead the Press Release
United States Attorney Gregory G. Brooker today announced the sentencing of KEVIN JAMES PETROSKE, 36, to 20 years in prison for producing, attempting to produce and possessing images and videos containing child pornography. PETROSKE was found guilty on August 30, 2017, following a three-day trial, on three counts of production and attempted production of child pornography, five counts of attempted production of child pornography, and one count of possession of child pornography. PETROSKE was sentenced earlier today before Judge Patrick J. Schiltz in United States District Court in Minneapolis, Minn.
As proven at trial, on October 23, 2015, law enforcement received a report of a man peering into residential windows of a home in Hibbing, Minn. Shortly after, law enforcement apprehended and identified the suspect as PETROSKE. Law enforcement investigators determined that PETROSKE had prior convictions in Stearns County for felony stalking and an open investigation in Benton County for possession of child pornography. Upon execution of a search warrant at PETROSKE’S residence, investigators seized a laptop computer containing hundreds of videos and images containing child pornography.
As proven at trial, many of the videos found on PETROSKE’S laptop, which were recorded between October 2011 and September 2015, contained surreptitious recordings of minor females filmed by PETROSKE through the windows of their homes without their knowledge. PETROSKE captured the victims in their bedrooms and bathrooms in various private moments and, in many of the videos, PETROSKE is heard masturbating and making sexual comments.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case is the result of an investigation conducted by the FBI, Minnesota Bureau of Criminal Apprehension, and the Hibbing Police Department.
Assistant U.S. Attorneys Manda M. Sertich and Melinda A. Williams prosecuted the case.
Defendant Information:
KEVIN JAMES PETROSKE, 36
Hibbing, Minn.
Convicted:
- Production and attempted production of child pornography, 3 counts
- Attempted production of child pornography, 5 counts
- Possession of child pornography, 1 count
Sentenced:
- 240 months in prison
- 10 years of supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Heavily armed Northside drug trafficking organization dismantledRead the Press Release
Part of U.S. Attorney’s January 2018 Project Safe Neighborhoods Strategy.
PRESS RELEASE
Indianapolis-United States Attorney Josh Minkler announced today a drug trafficking organization operating on the Northside has been dismantled. Fourteen federal defendants face charges that include conspiracy to deal controlled substances (including methamphetamine), carrying a firearm during and in relation to a drug-trafficking offense, and illegal possession of a firearm.
“In January, I rolled out this district’s PSN initiative, aimed at reducing gun violence through aggressive federal prosecution,” said Minkler. “Each IMPD district has an Assistant United States Attorney assigned to work closely with our law enforcement partners to prosecute the most violent offenders who terrorize our neighborhoods. I am hopeful this sends a very clear message, that if you choose to use guns to further your criminal activities, look over your shoulder because federal law enforcement is watching.”
Those arrested on Friday, February 23, 2018, include:
Devon Price, 31, Indianapolis, a/k/a Big Mike
William Bobo, 25, Indianapolis
Michael Graham, 23, Indianapolis, a/k/a Mike-Mike
Alan Wann, 20, Indianapolis, a/k/a Boogie
Dujaun Terry, 21, Indianapolis, a/k/a Juan-Juan, a/k/a Youngster
Ricky Wilburn, 24, Indianapolis
Henry Phillips, 25 Indianapolis
As a result of search warrants that were executed on Friday, February 23, 2018, agents and officers seized quantities of methamphetamine, marijuana, synthetic cannabinoids, and other drugs, as well as over $20,000 in currency, 29 cell phones, and 10 firearms. According to the most recent complaint affidavit, members of the drug trafficking organization are alleged to deal in large quantities of controlled substances, including those seized. Many of the individuals arrested over the course of the investigation, including on Friday, possessed firearms despite being prohibited from possessing them because of prior convictions.
This case has been investigated by the Indianapolis Metropolitan Police Department (IMPD); the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and the Drug Enforcement Administration (DEA), with substantial assistance from the Indiana State Police.
Since May 2017, the ATF-Achilles Task Force and the IMPD North District Narcotics Unit, together with other law enforcement agencies, have been conducting an investigation into an armed drug-trafficking organization operating in Indianapolis. Several members of the organization have been identified as suspects in violent crimes in the North District. Many of them previously referred to themselves as Stupid Star Entertainment (SSE), which they claimed was a rap group in an area of Northeast Indianapolis they referred to as “Gangsterville.” Friday’s arrests represent the latest arrests in the ongoing investigation. Other federal arrests related to the investigation include:
Mose Bell, 42, Indianapolis
William Elliott, 24, Indianapolis
Corey Gibson, 39, Indianapolis
Tracy Hollowell, 23, Indianapolis
Derrick Motley, 27, Indianapolis
Jonathan Talley, 25, Indianapolis
Larry Wood, 43, Indianapolis
“The collective efforts of IMPD and our federal partners continue to send a formidable message that violence will not be accepted in our community,” said Chief Bryan Roach. “As we continue to combine law enforcement resources, both federal and local, around violent offenders and groups we are hopeful that those embroiled in violence get the message that we are resolute and intend to address violence to foster safer neighborhoods.”
“These arrests represent the culmination of countless hours of investigative work by IMPD’s North District Narcotics and FLEX Units and ATF/IMPD Achilles Task Force Officers and Agents,” stated Trevor Velinor, Special Agent in Charge for ATF’s Columbus Field Division. “The individuals arrested in the course of this investigation have flooded the streets of Indianapolis with drugs and guns, leaving innocent residents in fear. ATF and our partners are committed to returning our community to its rightful owners, those living, working, and raising families there.”
According to Assistant United States Attorney Matthew Lasher, who is prosecuting this case for the government, all defendants face up to a decade or more in prison if convicted.
A criminal complaint is only a charge and not evidence of guilt. All defendants are considered innocent until proven otherwise in federal court.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to use partnerships with law enforcement agencies to prosecute individuals engaged criminal drug and firearms violations. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.2.
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Hardy County man sentenced for methamphetamine chargeRead the Press Release
ELKINS, WEST VIRGINIA – Grant Sager, of Wardensville, West Virginia, was sentenced today to 21 months incarceration for making methamphetamine, United States Attorney Bill Powell announced.
Sager, age 27, pled guilty to one count of “Possession of Material used in the Manufacture of Methamphetamine” in September 2017. The crime occurred on June 21, 2016 in Hardy County.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hardy County Sheriff’s Office investigated.
U.S. District Judge John Preston Bailey presided.
Hamden Man Sentenced to More Than 15 Years for Armed Robberies of West Haven Post Office and Hamden BankRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that DERRICK WHITE, also known as “Fly,” 53, of Hamden, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 188 months of imprisonment, followed by five years of supervised release, for committing armed robberies of the Allingtown Post Office in West Haven and the Wells Fargo Bank in Hamden on April 21, 2016.
According to court documents and statements made in court, on the morning of April 21, 2016, WHITE, Malcolm Haynes, Howard Bookert and another male drove in WHITE’s vehicle to the vicinity of the Allingtown Post Office located at 75 Farwell Avenue in West Haven. WHITE, Bookert and Haynes, who was armed with a .22 caliber rifle, then entered the post office. Haynes pointed the rifle at individuals who were in the lobby and the clerk behind the counter and directed them to stay away from the door. WHITE then hopped over the counter, waved the postal clerk away from her station, removed the cash drawer from the counter and handed it to Bookert. The robbers then fled with the drawer, which contained approximately $491.
In the afternoon of April 21, 2016, the four individuals drove to a branch of Wells Fargo Bank located at 1647 Whitney Avenue in Hamden. Haynes, again armed with the rifle, WHITE and the other male entered the bank. Haynes pointed the rifle in the direction of various employees as WHITE went behind the counter and removed approximately $9,287 from teller drawers. During the robbery, the other male brandished what appeared to be a small black semi-automatic pistol.
WHITE and Bookert were apprehended in New Haven on April 21, 2016. On that date, investigators recovered the firearm that Haynes used during the robberies, which Haynes had hidden in a plastic garbage bag behind a house in New Haven. Haynes was arrested on May 23, 2016. The three defendants have been detained since their arrests.
On January 25, 2017, WHITE pleaded guilty to one count of armed bank robbery.
Haynes, of New Haven, and Bookert, of Hamden, previously pleaded guilty to related federal charges, and the fourth male was charged by the state. On May 3, 2017, Haynes was sentenced to 90 months of imprisonment. On August 31, 2017, Bookert was sentenced to approximately 16 months of imprisonment, time served.
WHITE’s criminal history spans more than 30 years and includes 10 prior convictions, including multiple robbery convictions. In 1982, he shot an individual in the stomach and arm in a dispute over stolen gold chains.
This matter was investigated by the West Haven Police Department, Hamden Police Department, New Haven Police Department, Federal Bureau of Investigation and U.S. Postal Inspection Service. The case was prosecuted by Assistant U.S. Attorney Anastasia E. King.