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Friday 5 January 2018
Federal Marijuana Enforcement PolicyRead the Press Release
Spokane – On January 4, 2018, Attorney General Jefferson B. Sessions III, issued a memorandum concerning federal marijuana enforcement policy. The following is today’s statement from Joseph H. Harrington, United States Attorney for the Eastern District of Washington:
The Attorney General reiterated his confidence in the long-established principles of federal prosecution that guide the discretion of each United States Attorney around the country (U.S. Attorney’s Manual, chapter 9-27.000), and directed that those principles shepherd enforcement of federal law regarding marijuana. With those principles in mind, the Attorney General emphasized his belief that United States Attorneys are in the best position to weigh all relevant considerations – to include the nature and seriousness of an offense, the potential deterrence effect of prosecution, a putative defendant’s culpability in connection with an offense, a putative defendant’s criminal history and other circumstances, and the limited federal resources -- when deciding which cases to prosecute in their respective communities. When weighing those considerations public safety is always at the fore.
Those principles have always been at the core of what the United States Attorney’s Office for the Eastern District of Washington does – across all threats to public safety, including those that may relate to marijuana. This United States Attorney’s Office will continue to ensure, consistent with the most recent guidance from the Department of Justice, that its enforcement efforts with our federal, state, local, and tribal law enforcement partners focus on those who pose the greatest safety risk to the communities in Eastern Washington, by disrupting criminal organizations, tackling the growing drug crisis, thwarting violent crime, and corralling white-collar fraudsters in this District.
This Statement is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal.
Duane (DAK) Kees Takes Office as United States Attorney for the Western District of ArkansasRead the Press Release
FORT SMITH - Duane (DAK) Kees has taken the oath of office to become the United States Attorney for the Western District of Arkansas. Mr. Kees was nominated by President Donald Trump on September 28, 2017, and confirmed by the U.S. Senate on December 20, 2017. He took the oath of office today at 4 p.m. from United States District Court Chief Judge P.K. Holmes, III and began work immediately after the ceremony.
U.S. Attorney Kees stated, “I am honored and excited to begin serving the people of Arkansas as U.S. Attorney for the Western District. I am grateful to Senators Boozman and Cotton for their support. I look forward to working with law enforcement to ensure the safety of the citizens of Arkansas.”
As U.S. Attorney, Mr. Kees is the top-ranking federal law enforcement official in the Western District of Arkansas, which includes six divisions and 34 counties within Arkansas, with its primary office in Fort Smith. He oversees a staff of 41 employees, including 21 attorneys and 20 non-attorney support personnel. The office is responsible for prosecuting federal crimes in the district, including crimes related to terrorism, public corruption, child exploitation, firearms, and narcotics. The office also defends the United States in civil cases and collects debts owed to the United States.
Born in Little Rock, Mr. Kees is a graduate of the University of Arkansas and University of Arkansas School of Law. He enlisted in the U.S. Army in 2001 and rose to the rank of Captain while earning numerous awards and decorations.
During his military career, Mr. Kees served as a legal assistance attorney, trial counsel, brigade judge advocate and senior defense attorney. Mr. Kees is currently serving with the Arkansas National Guard at Camp Robinson in Little Rock and hold the rank of Major.
Mr. Kees succeeds Kenneth Elser, who had served as acting U.S. Attorney
since Conner Eldridge’s resignation on August 21, 2015.
Convicted Felon Sentenced to More Than 19 Years in Federal Prison for Illegally Possessing a Loaded Handgun on Chicago’s West SideRead the Press Release
CHICAGO — A convicted felon has been sentenced to more than 19 years in federal prison for illegally possessing a loaded handgun during a traffic stop on the West Side of Chicago.
DEMONE RULE, 37, of Chicago, possessed the gun on the evening of Dec. 27, 2015, in the city’s Austin neighborhood. Rule had previously been convicted of several felonies, including attempted murder, and was not legally allowed to possess a firearm.
A jury last year convicted Rule on one count of illegal possession of a firearm by a felon. U.S. District Judge John Robert Blakey on Thursday imposed a 235-month prison sentence after determining Rule’s status as an Armed Career Criminal under federal law. The Armed Career Criminal Act of 1984 provides for enhanced penalties for firearm offenses committed by felons who were previously convicted of certain crimes three or more times.
The sentencing was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Celinez Nunez, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; and Eddie T. Johnson, Superintendent of the Chicago Police Department. The Illinois Department of Corrections provided valuable assistance.
“Defendant kept a loaded gun in his waistband in Chicago, a city plagued by gun violence, endangering our communities,” Assistant U.S. Attorneys Misty N. Wright and Devlin Su argued in the government’s sentencing memorandum. “Defendant and other felons who carry guns must understand that illegally possessing weapons on the streets of Chicago translates to real consequences and real punishment, including meaningful time in prison.”
According to evidence at trial, Chicago Police officers observed Rule commit a traffic violation by using an alley as a thoroughfare. The officers pulled over the green Buick Rule was driving, but when they approached his car, Rule sped off. Several blocks away, Rule stopped his car in the middle of the street with the keys still in the ignition, and fled on foot. Officers caught up with Rule in a nearby vacant lot, put him in handcuffs and recovered the gun from his waistband. The firearm had six live rounds in the magazine, and one in the chamber.
Columbus Man Pleads Guilty to Cyberstalking Local Law Enforcement OfficerRead the Press Release
COLUMBUS, Ohio – William E. Young, 54, of Columbus, pleaded guilty in U.S. District Court today to one count of cyberstalking.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the plea offered before U.S. Magistrate Judge Norah McCann King.
According to court documents, Young was arrested in October 1999 for menacing by stalking a female in Delaware County, Ohio. He has continuously harassed and stalked one of his arresting officers since the time of his arrest and conviction.
The Statement of Facts filed in support of the plea agreement details that Young engaged in a course of conduct with the intent to harass and intimidate the victim and the victim’s spouse.
Young created webpages using the victim’s name in order to make derogatory statements about the victim and his official position.
He mailed letters on numerous occasions to the victim’s wife and family, neighbors, physician, barber, church and church pastor and pastor’s wife, as well as to Ohio Wesleyan College, Delaware City Hall, the Delaware Chamber of Commerce, the Delaware City Mayor, Delaware City Council members, the Delaware Police Department, the Delaware County Sheriff’s Office, the Delaware County Jail, the Arapahoe County Prosecutor’s Office and other local community businesses.
One such letter included the victim’s face superimposed on the bodies of cartoon characters and stated “Even worse, a gay wimp who wants to hide behind a gun and badge because he’s a little pussy. I’m gonna kick your ‘puny’ ass!...When judgement day comes for you make sure they pack an air conditioner in your coffin. You’ll need it.”
A 62-page letter mailed in September 2015 to the victim’s spouse stated: “I’ll force his hand if the powers that be make the mistake of coming after me again. Then I’ll take everyone down who had a hand in what was done to me one by one.”
As part of his effort to harass and intimidate, Young has filed multiple state and federal civil lawsuits against the victim and another arresting officer from Young’s 1999 arrest, and the Delaware Police Department, alleging various claims of corruption and fraud.
Young was indicted by a federal grand jury in August.
Cyberstalking is a federal crime punishable by up to five years in prison and a fine of up to $250,000.
U.S. Attorney Glassman commended the investigation of this case by the FBI, and Assistant United States Attorney Jessica H. Kim, who is prosecuting the case.
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Cleveland man indicted on firearms and drug chargesRead the Press Release
A Cleveland man was indicted on drug and firearms charges, U.S. Attorney Justin E. Herdman said.
A four-count indictment was filed charging Michael L. Young, 34, with use of a firearm in furtherance of drug trafficking, possession with intent to distribute cocaine, being a felon in possession of a firearm and being a felon in possession of ammunition.
Young on Sept. 13, 2017, possessed cocaine, a Kel-Tec .380-caliber pistol and ammunition. Young has numerous prior convictions that prohibit him from having firearms or ammunition, including convictions for felonious assault, drug trafficking, drug possession, and other crimes, according to the indictment.
Assistant U.S. Attorney Kelly L. Galvin is prosecuting the case following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Cleveland Division of Police.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Cincinnati Man Sentenced for Stealing Veteran's Identity to Get Care at VA Medical CenterRead the Press Release
CINCINNATI – Adam Keith Charles, 37, of Cincinnati was sentenced in U.S. District Court to 14 months in prison for stealing the identity of a U.S. Military veteran and using it to obtain more than $20,000 in medical services at the Cincinnati VA Medical Center.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Gavin McClaren, Resident Agent in Charge, Department of Veterans Affairs Office of Inspector General Criminal Investigations Division (VA-OIG), announced the sentence handed down today by U.S. District Judge Susan J. Dlott.
According to court documents, in August 2016, Charles went to the U.S. Department of Veterans Affairs Medical Center in Cincinnati for medical treatment knowing he had never served in the armed forces and therefore is not eligible for its health care benefits.
Charles falsely identified himself as his half-brother, who is a veteran, in order to obtain care. He did this on a number of occasions on an outpatient basis, incurring $1,700 to approximately $4,000 in care each time. In September 2016, he was admitted for nearly $10,800 worth of inpatient care and was given an identification wristband with the photo of another individual, presumably the half-brother, on it.
Charles pleaded guilty in July to one count of making a false statement and has remained in custody since.
He was also sentenced to three years of supervised release and ordered to pay $20,287.11 in restitution.
U.S. Attorney Glassman commended the cooperative investigation by the VA-OIG, as well as Special Assistant United States Attorney Timothy Landry, who is representing the United States in this case.
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Chautauqua County Man Indicted for Various Narcotics OffensesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 7-count Indictment charging Gary Hannold, II, 42, of Bemus Point, NY, with various drug offenses involving Hannold’s possession with intent to distribute methamphetamine, marijuana, cocaine, and buprenorphine. The charges carry a maximum penalty of life in prison.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that in the early morning hours on August 11, 2017, the defendant, who riding his motorcycle in the Village of Sherman, was pulled over by Chautauqua County Sheriff's deputies. As Hannold got off the motorcycle, he removed his helmet, and then took off a camouflage backpack that he was wearing and threw the pack back into the high weeds adjacent to the motorcycle. Inside the backpack, the deputy found a quantity of suspected crystal methamphetamine packaged in several plastic baggies, was well as marijuana, a clear vile containing cocaine, 10 packets of Suboxone, a digital scale, a bag with unused small plastic bags, U.S. currency, two cell phones, a New York State motorcycle license plate, and numerous other items.
The defendant was arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being detained.
The Indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; and the Chautauqua County Sheriff’s Department, under the direction of Joseph Gerace.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Benton Man Charged with Defrauding Southern Illinois HealthcareRead the Press Release
Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced that yesterday, a federal grand jury in Benton, IL, returned an indictment charging Cary E. Mosley, 48, of Benton, with defrauding his former employer, Southern Illinois Healthcare ("SIH"). The indictment charges Mosley with six counts of wire fraud and six counts of mail fraud.
During the time-period covered by the indictment, Mosley was employed as the Manager of SIH’s Radiation Oncology Department. During that same time-frame, Mosley had a second job with Q.E.D. Medical Physics, Inc. ("QED"). QED, which is based in Lebanon, TN, is a contractor that provides support services for radiation oncology departments operated by smaller hospitals.
According to the indictment, Mosley was paid by QED for work he allegedly performed at SIH. Specifically, the indictment charges that Mosley made entries in QED’s electronic timekeeping system which falsely claimed that he had performed work at SIH which he had not actually performed. The indictment also alleges that Mosley claimed that he was entitled to be compensated by QED for work he performed as part of his normal employment duties with SIH. Based upon Mosley’s fraudulent timekeeping entries, QED submitted invoices to SIH which were falsely inflated.
The indictment further alleges that Mosley concealed his fraud scheme by altering the documents that were sent to SIH’s Accounts Payable Department in support of the QED invoices. Each month, QED sent to SIH an "Hours and Details" sheet, which identified the QED employees who had worked at SIH, the work they had performed, the number of hours they had worked, and the dates they had worked. The indictment alleges that during the initial portion of his scheme, Mosley altered the "Hours and Details" sheets by removing his name and inserting the names of other QED employees. The indictment further charges that during the latter portion of his scheme, Mosley simply discarded the "Hours and Details" sheets before the QED invoices were sent to SIH’s Accounts Payable Department.
The indictment alleges that Mosley conducted his fraud scheme from December 2006 through July 2013, and that he was paid over $500,000 by QED for work he allegedly performed at SIH. Each of the mail and wire fraud counts carries a maximum sentence of up to 20 years in prison, up to three years of supervised release, and a fine of up to $250,000. In addition, Mosley could be ordered to pay full restitution to SIH.
Mosley is scheduled to be arraigned on the indictment on January 16, 2018, at 2:00 p.m., at the Federal Courthouse in Benton, IL.
The case is being investigated by agents from the Springfield Division, Fairview Heights Resident Agency, of the Federal Bureau of Investigation ("FBI"). Both SIH and QED have cooperated with the investigation. The case is being prosecuted by Assistant United States Attorney Scott A. Verseman.
An indictment is a formal charge against a defendant. Under the law, that charge is merely an accusation and the defendant is presumed innocent unless proven guilty.
Bay Area Insurance Agents Sentenced to Prison for Respective Roles in Conspiracy, Wire Fraud, and Aggravated Identity Theft SchemeRead the Press Release
SAN FRANCISCO – Behnam Halali was sentenced to five years’ imprisonment, Ernesto Magat to four years’ imprisonment, and Karen Gagarin to three years’ imprisonment for their respective roles in a scheme to commit wire fraud and identity theft involving fraudulent life insurance policies, announced U.S. Attorney Brian J. Stretch, Federal Bureau of Investigation Special Agent in Charge John F. Bennett, and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf. The defendants also were ordered to pay $2,837,791.93 in restitution to their former employer, American Income Life Insurance Company (AIL). The sentences were handed down by the Honorable Susan Illston, United States District Judge in San Francisco, after the defendants were found guilty by a jury on March 13, 2017, following a four-week trial.
According to the evidence produced at trial, Halali, 32, of San Jose; Magat, 35, of Hayward; and Gagarin, 32, of San Jose, were former agents of AIL. While working at AIL, the defendants participated in a conspiracy involving the submission of hundreds of applications for life insurance policies on behalf of people at least some of whom did not know that a policy was applied for or issued in their name and/or did not want a life insurance policy. The defendants then shared the commissions and bonuses issued by AIL in connection with the fraudulent policies. The defendants paid recruiters to find people willing to take medical exams in exchange for approximately $100, and then took the personal information associated with those people and submitted applications for life insurance in their names, in many cases without the individuals’ knowledge. The defendants and their co-conspirators also paid people to participate in a fictitious survey of a medical exam company, and took the personal information associated with those people and submitted applications for life insurance, in many cases without the individuals’ knowledge.
The evidence also demonstrated that the defendants and their co-conspirators created phony driver’s licenses so that their co-conspirators could take medical exams purporting to be the applicants. The defendants opened hundreds of bank accounts to fund the premiums on the fraudulent policies, and typically paid one to four months of premiums before letting the policies lapse. The defendants and their co-conspirators returned verification calls to AIL purporting to be the applicants on the fraudulent applications from telephones set up exclusively for the fraudulent scheme. All three defendants were charged with conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; wire fraud, in violation of 18 U.S.C. § 1343; and aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1). The jury found defendants guilty of all these counts.
In addition to the prison terms and restitution, Judge Ilston also ordered each defendant to serve 140 hours community service and three years of supervised release. Judge Illston ordered all three defendants to self-surrender on or before March 30, 2018, to begin serving their prison terms.
Assistant United States Attorneys Robert Leach and Matthew McCarthy are prosecuting the case with the assistance of Denise Oki and Bridget Kilkenny. This prosecution is the result of an investigation by the FBI; the IRS, Criminal Investigation; and the Commissioner of the California Department of Insurance.
Attorney General Sessions Applauds China for Restricting Two Fentanyl PrecursorsRead the Press Release
Today Attorney General Jeff Sessions applauded the Chinese government for announcing that it would restrict two chemical precursors to fentanyl.
“Synthetic opioids are killing thousands of people in communities across this nation, and we know that many of these substances originated in China,” Attorney General Sessions said. “President Trump and I have repeatedly brought up this issue with the Chinese government, and we are working to restrict the flow of these drugs to our country. I am pleased to see China taking steps that will protect not just their own people from this poison, but the American people, too. I hope that China will continue to take steps like this and eventually schedule all fentanyl analogues, just as the DEA is doing.”
In 2017, China scheduled a number of fentanyl-class substances, including carfentanil, furanyl fentanyl, valeryl fentanyl, acryl fentanyl, U-47700, MT-45, PMMA, and 4,4’ DMAR. Last week, China’s Ministry of Public Security announced that, effective Feb. 1, NPP and 4ANPP, substances that can be used to make illicit fentanyl, would also be scheduled.
U.S. Department of Justice and Chinese officials maintain frequent contact to collaborate and share data on the threat from fentanyl-class substances. Information-sharing includes scientific data, trafficking trends, and sample exchanges. This dialogue has resulted in more effective methods for identifying deadly substances for government control.
Attorney General Sessions and Deputy Attorney General Rosenstein both requested China’s scheduling action in meetings with then-State Councilor Guo Shengkun of the Chinese Ministry of Public Security. Deputy Attorney General Rosenstein met with then-State Councilor Guo in Beijing, China on Sept. 25, 2017 and the Attorney General met with him in Washington, D.C. on Oct. 3 and 4, 2017.
In October, Deputy Attorney General Rosenstein announced the first-ever indictment of Chinese nationals for attempting to distribute massive quantities of synthetic opioids in two different regions of the United States.
It is estimated that, in 2016, more than 20,000 Americans were killed by overdoses of fentanyl or fentanyl analogues, making these the deadliest drugs in America. According to the U.S.-China Commission, a majority of the fentanyl products in the United States originated in China.Attorney General Jeff Sessions Selects Western District of Michigan to Receive A New Assistant United States Attorney Position to Combat Violent CrimeRead the Press Release
DATELINE - Attorney General Jeff Sessions has selected the Western District of Michigan to receive additional resources for the fight against violent crime. The district will receive an additional Assistant U.S. Attorney to focus exclusively on violent crime, one of 40 new federal prosecutors in 27 selected locations throughout the United States.
“Led by our 94 United States Attorney’s Offices, Project Safe Neighborhoods (PSN) task forces are hitting the streets across America to apprehend and bring violent criminals to justice. I have asked Congress for additional PSN funding next year because I believe nothing will be more effective at reducing violent crime,” said Attorney General Sessions. "Under this program, I am asking a great deal of our United States Attorneys. I am both empowering them and holding them accountable for results. To put them in the best position to impact and reduce violent crime, it is my privilege to announce today that through a re-allocation of resources, we will be enlisting and deploying 40 additional violent crime prosecutors across the United States."
“The additional resource will be a significant force multiplier in our efforts targeting violent crime,” said U.S. Attorney Andrew Birge. “West Michigan benefits from law enforcement leadership throughout the district attuned to the public safety needs of the communities they serve. My office looks forward to adding this important resource to our collective efforts. We expect this position to be filled in the next few months.”
The U.S. Attorney’s Office in West Michigan partners with federal, state and local law enforcement and supports violent crime task forces located in Grand Rapids, Muskegon, Battle Creek, Benton Harbor, Kalamazoo and Lansing. These task forces address firearm, gang and drug crime in particular neighborhoods or perpetrated by individuals or groups that fuel violent crime rates.More information on the locations of those 40 Assistant United States Attorneys and violent crime task forces is below:
AUSA Breakdown by District
Northern District of Alabama - 1
Eastern District of Arkansas - 1
Northern District of California - 2
Southern District of California - 1
District of Connecticut - 1
District of Columbia - 1
Central District of Illinois - 1
Northern District of Illinois - 3
Southern District of Indiana - 1
Eastern District of Louisiana - 1
District of Maryland - 3
Western District of Michigan - 1
Eastern District of Missouri - 2
Western District of Missouri - 1
District of Nevada - 2
District of New Mexico - 1
Eastern District of New York - 2
Western District of New York - 1
Northern District of Ohio - 2
Eastern District of Pennsylvania - 1
Middle District of Tennessee - 2
Western District of Tennessee - 2
Eastern District of Texas - 1
Northern District of Texas - 1
Southern District of Texas - 2
Western District of Texas - 1
Eastern District of Wisconsin - 2END
Attorney General Jeff Sessions Selects Southern District of California to Receive New United States Attorney Position to Combat Violent CrimeRead the Press Release
SAN DIEGO - Attorney General Jeff Sessions has selected the Southern District of California to receive additional resources for the fight against violent crime. The district will receive an additional Assistant U.S. Attorney to focus exclusively on violent crime, one of 40 new federal prosecutors in 27 selected locations throughout the United States.
“Led by our 94 United States Attorney’s Offices, Project Safe Neighborhoods (PSN) task forces are hitting the streets across America to apprehend and bring violent criminals to justice. I have asked Congress for additional PSN funding next year because I believe nothing will be more effective at reducing violent crime,” said Attorney General Sessions. “Under this program, I am asking a great deal of our United States Attorneys. I am both empowering them and holding them accountable for results. To put them in the best position to impact and reduce violent crime, it is my privilege to announce that through a re-allocation of resources, we will be enlisting and deploying 40 additional violent crime prosecutors across the United States.”
“In this district, we are inundated with border-related crimes. Adding a prosecutor to our roster who will focus solely on violent crime will allow us to pursue more of the cases that harm our residents and damage our neighborhoods the most, and that will translate to safer communities,” said U.S. Attorney Adam Braverman. “We are grateful for the additional resources.”
More information on the locations of those 40 Assistant United States Attorneys and violent crime task forces is below:
AUSA Breakdown by District
Northern District of Alabama - 1
Eastern District of Arkansas - 1
Northern District of California - 2
Southern District of California - 1
District of Connecticut - 1
District of Columbia - 1
Central District of Illinois - 1
Northern District of Illinois - 3
Southern District of Indiana - 1
Eastern District of Louisiana - 1
District of Maryland - 3
Western District of Michigan - 1
Eastern District of Missouri - 2
Western District of Missouri - 1
District of Nevada - 2
District of New Mexico - 1
Eastern District of New York - 2
Western District of New York - 1
Northern District of Ohio - 2
Eastern District of Pennsylvania - 1
Middle District of Tennessee - 2
Western District of Tennessee - 2
Eastern District of Texas - 1
Northern District of Texas - 1
Southern District of Texas - 2
Western District of Texas - 1
Eastern District of Wisconsin - 2# # #
Attorney General Jeff Sessions Selects Northern District of Texas to Receive New Assistant United States Attorney Position to Combat Violent CrimeRead the Press Release
DALLAS - Attorney General Jeff Sessions has selected the Northern District of Texas to receive additional resources for the fight against violent crime. The district will receive an additional Assistant U.S. Attorney to focus exclusively on violent crime, one of 40 new federal prosecutors in 27 selected locations throughout the United States.
“Led by our 94 United States Attorney’s Offices, Project Safe Neighborhoods (PSN) task forces are hitting the streets across America to apprehend and bring violent criminals to justice. I have asked Congress for additional PSN funding next year because I believe nothing will be more effective at reducing violent crime,” said Attorney General Sessions. “Under this program, I am asking a great deal of our United States Attorneys. I am both empowering them and holding them accountable for results. To put them in the best position to impact and reduce violent crime, it is my privilege to announce today that through a re-allocation of resources, we will be enlisting and deploying 40 additional violent crime prosecutors across the United States.”
“One of my highest priorities will be to work side by side with our local, state and federal law enforcement partners to stop the destructive cycle of gun and gang violence that terrorizes our communities right here in north Texas,” said U.S. Attorney Nealy Cox. “PSN programs have had an undeniable impact in the past as they provide the foundation on which these critical partnerships are built. Resources like this additional prosecutor will significantly enhance our on-going efforts to get the most dangerous people off our streets.”The Assistant U.S. Attorney for the Northern District of Texas will be assigned to the violent crime section of the Dallas division and prosecute cases under the PSN initiative.
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Attorney General Jeff Sessions Selects Eastern District of New York to Receive Two New Assistant United States Attorney Positions to Combat Violent CrimeRead the Press Release
Attorney General Jeff Sessions has selected the Eastern District of New York to receive additional resources for the fight against violent crime. The district will receive two additional Assistant U.S. Attorney positions to focus exclusively on violent crime, two of 40 new federal prosecutors in 27 selected locations throughout the United States.
“Led by our 94 United States Attorney’s Offices, Project Safe Neighborhoods (PSN) task forces are hitting the streets across America to apprehend and bring violent criminals to justice,” stated United States Attorney General Sessions. “I have asked Congress for additional PSN funding because I believe nothing will be more effective at reducing violent crime. “Under this program, I am asking a great deal of our United States Attorneys. I am both empowering them and holding them accountable for results. To put them in the best position to impact and reduce violent crime, it is my privilege to announce that through a re-allocation of resources, we will be enlisting and deploying 40 additional violent crime prosecutors across the United States.”
“The provision of additional Assistant U.S. Attorney positions reflects the commitment of the Department of Justice to reduce violent crime by identifying and prosecuting gang members whose destructive conduct endangers residents of our District,” stated United States Attorney Donoghue. “Using every law enforcement resource available, this Office and the FBI’s Long Island Gang Task Force will continue to work tirelessly to make our communities safer by bringing to justice those violent criminals who show no regard for human life.”
The two additional federal prosecutors will enhance the Office’s ability to prosecute violent crimes committed by members and associates of La Mara Salvatrucha, also known as the MS-13, a transnational criminal organization, with the objective of continuing and increasing the Office’s efforts to dismantle and incapacitate the MS-13 within the Eastern District of New York and beyond. The prosecutors will also focus on other violent gangs such as the Crips, Bloods, Latin Kings, 18th Street gang, Salvadorans with Pride, and Outlaw motorcycle gangs, all of which have a significant presence in the District.
More information on the locations of those 40 Assistant United States Attorneys and violent crime task forces is below:
AUSA Breakdown by District
Northern District of Alabama: 1
Eastern District of Arkansas: 1
Northern District of California: 2
Southern District of California: 1
District of Connecticut: 1
District of Columbia: 1
Central District of Illinois: 1
Northern District of Illinois: 3
Southern District of Indiana: 1
Eastern District of Louisiana: 1
District of Maryland: 3
Western District of Michigan: 1
Eastern District of Missouri: 2
Western District of Missouri: 1
District of Nevada: 2
District of New Mexico: 1
Eastern District of New York: 2
Western District of New York: 1
Northern District of Ohio: 2
Eastern District of Pennsylvania: 1
Middle District of Tennessee: 2
Western District of Tennessee: 2
Eastern District of Texas: 1
Northern District of Texas: 1
Southern District of Texas: 2
Western District of Texas: 1
Eastern District of Wisconsin: 2Attorney General Jeff Sessions Selects Eastern District of MissouriRead the Press Release
St. Louis - Attorney General Jeff Sessions has selected the Eastern District of Missouri to receive additional resources for the fight against violent crime. The district will receive two additional Assistant U.S. Attorneys to focus exclusively on violent crime, one of 40 new federal prosecutors in 27 selected locations throughout the United States.
“Led by our 94 United States Attorney’s Offices, Project Safe Neighborhoods (PSN) task forces are hitting the streets across America to apprehend and bring violent criminals to justice. I have asked Congress for additional PSN funding next year because I believe nothing will be more effective at reducing violent crime,” said Attorney General Sessions. "Under this program, I am asking a great deal of our United States Attorneys. I am both empowering them and holding them accountable for results. To put them in the best position to impact and reduce violent crime, it is my privilege to announce today that through a re-allocation of resources, we will be enlisting and deploying 40 additional violent crime prosecutors across the United States."
“We welcome the additional resources from the Attorney General. These new prosecutors will be hired and deployed promptly to fight violent crime in our District,” said U.S. Attorney Jeff Jensen.
More information on the locations of those 40 Assistant United States Attorneys and violent crime task forces is below:
AUSA Breakdown by District
Northern District of Alabama - 1
Eastern District of Arkansas - 1
Northern District of California - 2
Southern District of California - 1
District of Connecticut - 1
District of Columbia - 1
Central District of Illinois - 1
Northern District of Illinois - 3
Southern District of Indiana - 1
Eastern District of Louisiana - 1
District of Maryland - 3
Western District of Michigan - 1
Eastern District of Missouri - 2
Western District of Missouri - 1
District of Nevada - 2
District of New Mexico - 1
Eastern District of New York - 2
Western District of New York - 1
Northern District of Ohio - 2
Eastern District of Pennsylvania - 1
Middle District of Tennessee - 2
Western District of Tennessee - 2
Eastern District of Texas - 1
Northern District of Texas - 1
Southern District of Texas - 2
Western District of Texas - 1
Eastern District of Wisconsin - 2Allen Man Acquitted of AssaultRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Allen, South Dakota, man was acquitted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury as a result of a federal jury trial in Rapid City, South Dakota. The verdict was returned on January 3, 2018.
Dennis Lucci, age 58, was initially indicted by a federal grand jury on July 18, 2017.
The investigation was conducted by the Bureau of Indian Affairs and the U.S. Attorney’s Office prosecuted the case.
Thursday 4 January 2018
Wooster man indicted for sexually exploiting childrenRead the Press Release
A Wooster man was charged with sexually exploiting children, said U.S. Attorney Justin E. Herdman and FBI Special Agent in Charge Stephen D. Anthony.
Eric W. Beard, 26, induced a minor to engage in sexually explicit conduct in December 2017 for the purpose of producing a visual depiction of such conduct, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik following an investigation by Task Force Officer Bryan Allen, the FBI Task Force and the Wooster Police Department.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Violent Career Felon Sentenced to Lengthy Prison Term for Possessing FirearmsRead the Press Release
Acting United States Attorney Corey R. Amundson announced today that United States District Court Judge Shelly D. Dick has sentenced JOSHUA FINLEY, 34, of Baton Rouge, Louisiana, to serve 110 months in federal prison following his conviction for possession of firearms by a convicted felon. FINLEY was also ordered to serve three years of supervised release following imprisonment, forfeit the firearms involved in his crime, and pay a $100 special assessment.
In September of 2016, the Special Weapons and Tactics Team of the East Baton Rouge Parish Sheriff’s Office executed a search warrant at a residence in Baton Rouge. During the execution of the warrant, officers saw FINLEY throw a Glock, .40 caliber pistol from a window. Near the Glock, officers found a Kimber, .45 caliber pistol. FINLEY, whose criminal history spans more than 17 years and includes multiple convictions for robbery, battery, and cocaine possession, admitted that both guns were his and that he bought them off the street. A federal grand jury returned an indictment charging FINLEY with possession of firearms by a convicted felon. FINLEY pled guilty to the charge in October of 2017.
Acting U.S. Attorney Amundson stated, “The prosecution of violent career offenders with guns is a top priority of this office. Such offenders often contribute directly to our community’s gun violence epidemic and jeopardize the safety and security of our streets and neighborhoods. We will continue to work with our federal, state, and local partners to protect those in our communities by pursuing and locking up these criminals.”
This matter was handled by the United States Attorney’s Office for the Middle District of Louisiana, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the East Baton Rouge Parish Sheriff’s Office. This case was prosecuted by Assistant United States Attorney Ryan Rezaei.
United States Attorney’s Office pledges additional resources to the fight against violent crimeRead the Press Release
Project Safe Neighborhoods initiative focuses federal resources on the most violent areas of Marion County with an emphasis on gun crime
PRESS RELEASE
Indianapolis -United States Attorney Josh J. Minkler and Attorney General Jeff Sessions today announced a renewed federal commitment to helping reduce violent crime in this country’s most violence-ridden neighborhoods. The Southern District of Indiana will receive one additional Assistant United States Attorney (AUSA) to focus exclusively on violent crime, one of 40 new federal prosecutors in 27 selected locations around the country.
The Project Safe Neighborhoods (PSN) initiative will focus the new AUSA’s attention, on prosecuting violent offenders as well as assigning an AUSA to each of IMPD’s six districts to monitor and prosecute the worst violent offenders in our neighborhoods. Further, PSN will focus on coordinating federal, state and local resources under the leadership of Minkler, featuring prevention, targeted law enforcement and accountability.
“It is no secret that Indianapolis is struggling with violent crime. Our homicide rate is unacceptable and together, we can do something about it,” said Minkler. “Criminals who choose to use guns and other means of violence to disrupt our city should think again because gun crime comes with big federal prison time.”
“I have asked Congress for additional PSN funding next year because I believe nothing will be more effective at reducing violent crime,” said Sessions. “Under this program, I am both empowering and holding United States Attorneys around the country accountable for results.”
"Our Indianapolis gun violence will only be impacted with the collective help of our community and law enforcement partners,” said IMPD Chief Bryan Roach. “We continue to be blessed with a cooperative mindset and willingness to improve the city of Indianapolis from our United States Attorney's Office. We look forward to the continued partnership and a new AUSA focus on our geographic districts and most violent offenders."
In addition to the Southern District of Indiana, other states receiving new attorneys include: Alabama, Arkansas, California, Connecticut, Washington DC, Illinois, Louisiana, Maryland, Michigan, Missouri, Nevada, New Mexico, New York, Ohio, Pennsylvania, Tennessee, Texas and Wisconsin.
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 utilize and partner with the District’s law enforcement agencies to detect and prosecute matters involving violent crime in our neighborhoods. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.9.
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Uniontown Man Sentenced to Prison for Heroin Distribution SchemeRead the Press Release
PITTSBURGH - A Fayette County resident has been sentenced in federal court to 18 months’ incarceration, followed by 3 years of supervised release, on his conviction of violating the federal narcotic laws, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Terrance Lewis, age 44, of Uniontown, Pennsylvania.
According to information presented to the court, from in and around January 2010, and continuing thereafter to in and around June 2015, Lewis conspired to distribute and possess with intent to distribute heroin.
Assistant United States Attorneys Heidi M. Grogan and Troy Rivetti prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation who led the multi-agency investigation of this case, which also included the Drug Enforcement Administration, the Fayette County Drug Task Force, the Pennsylvania Attorney General’s Office, the Pennsylvania State Police, and the United States Postal Inspection Service for the investigation leading to the successful prosecution of Lewis.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Attorney’s Office Closes Investigation into the Death of Kenneth ChamberlainRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that there is insufficient evidence to pursue federal criminal charges in connection with the fatal shooting of Kenneth Chamberlain. Mr. Chamberlain was killed during an encounter with police officers from the White Plains Police Department (“WPPD”) on November 19, 2011. Mr. Chamberlain was 68 years old at the time.
Our Office opened an investigation following the decision by a New York State grand jury not to indict any of the officers involved. On November 17, 2016, a federal jury in a civil case filed by Mr. Chamberlain’s family concluded that the City of White Plains and the officer who shot Mr. Chamberlain were not liable for the death of Mr. Chamberlain. After conducting a thorough and independent investigation, the U.S. Attorney’s Office has determined that there is insufficient evidence to meet the high burden of proof required for a federal criminal civil rights prosecution. To prove a violation of the federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right, meaning that the officer acted with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by law, and is different from and higher than the intent standard under relevant state statutes. Accident, mistake, fear, negligence, or bad judgment is not sufficient to establish a federal criminal civil rights violation.
The evidence from the investigation reveals the following: At approximately 5:00 a.m. on November 19, 2011, a medical alert company, Life Aid, received an alert from the console in Mr. Chamberlain’s apartment in the Winbrook Houses complex on South Lexington Avenue in White Plains. In response to the alert, a Life Aid operator called the console and asked if Mr. Chamberlain needed medical assistance. Receiving no response, the operator then called the WPPD and informed the dispatcher that she had received a medical alert from Mr. Chamberlain’s apartment and that Mr. Chamberlain had not responded to her call. An ambulance and a police officer were dispatched to the scene. The WPPD dispatcher also ran a computer check on Mr. Chamberlain and his address, and learned that there had previously been calls from that address that had been described as involving a person who was potentially emotionally disturbed. Based on that information, the dispatcher sent two additional police officers, including Sergeant Keith Martin, to the building as back-up and informed them of the possibility of encountering an emotionally disturbed person. Upon arriving at Mr. Chamberlain’s apartment, the officers banged on the door and asked to be admitted to confirm he did not need assistance, but Mr. Chamberlain refused to allow the officers to enter the apartment. The officers called for additional back-up, and four additional officers were dispatched to the apartment with tactical gear, including Police Officers Anthony Carelli and Steven Hart, and Sergeant Stephen Fottrell. Officers Carelli and Hart were part of the Neighborhood Conditions Unit, a tactical unit of the WPPD assigned to patrol the Winbrook Houses, and were able to obtain a master key to the apartment. The officers used the key to open the door to the apartment, but were only able to open the door a few inches because Mr. Chamberlain had engaged a safety lock on the door.
At approximately 5:25 a.m., Life Aid received a second call from Mr. Chamberlain, who stated, “I have the White Plains Police Department banging on my door and I did not call them, and I am not sick.” Life Aid attempted to cancel the dispatch, but the WPPD dispatcher informed Life Aid that the police officers needed to enter the apartment to make sure Mr. Chamberlain was not in distress. The Life Aid operator stayed on the line for approximately 40 minutes while also attempting to contact Mr. Chamberlain’s sister. Because Life Aid records its calls, there are audio recordings of Mr. Chamberlain’s conversations with the police officers from 5:25 a.m. until approximately 6:08 a.m., when the Life Aid call ended in order to allow Mr. Chamberlain’s sister to call the home phone. During that time period, the recordings captured the near constant communications between the police officers trying to enter the apartment and Mr. Chamberlain, who refused to open the door. For example, the recordings show that the officers at the door repeatedly told Mr. Chamberlain that they could not leave until they could see him and make sure he was “okay,” and Mr. Chamberlain responded that he was “okay” and “fine,” but also cursed at the officers, and at one point said he would “kill” whoever came through the door.
Between 5:30 a.m. and 6:00 a.m., the police officers worked with various tools to pry open the apartment door. While they were trying to open the door, Mr. Chamberlain poked a kitchen knife through the door opening. Officer Carelli grabbed the knife with bolt cutters and tossed it out of reach. While the officers were trying to open the door, Life Aid was able to reach Mr. Chamberlain’s sister, who spoke to Officer Carelli on a cell phone. As captured on the Life Aid recording, Mr. Chamberlain’s sister informed Officer Carelli that Mr. Chamberlain had a “mental problem,” and Officer Carelli responded that the officers wanted to enter the apartment to make sure Mr. Chamberlain was “okay.” The recording also indicates that as the officers continued to try to open the door, Mr. Chamberlain became increasingly agitated; he at times threatened the officers; and he told the Life Aid operator that he had a weapon. Throughout this time period, the officers continued to explain that they were not there to hurt him, but just wanted to see him to make sure he was fine before they could leave. While one of the officers was alleged to have used a racial slur in communicating with Mr. Chamberlain, that officer was not involved in the shooting, and none of the other officers present heard the use of such a slur.
At some point between 6:13 a.m. and 6:29 a.m., one of the officers kicked the apartment door open. At the time this occurred, Sergeant Fottrell had turned on his Taser, which automatically activated the video recording device on the Taser. As seen on the video recorded by Sergeant Fottrell’s Taser, Mr. Chamberlain was standing about six to seven feet from the doorway when the door was opened and there appeared to be an object in his right hand. According to all four officers who entered the apartment, the object in Mr. Chamberlain’s right hand was a knife. The Taser also recorded Sergeant Fottrell instructing Mr. Chamberlain to “put the knife down” and Mr. Chamberlain responding “shoot me, come on motherfucker, shoot me.” Sergeant Fottrell deployed his Taser twice from the hallway. After the second Taser was deployed, the Taser automatically ceased recording. The Tasers failed to incapacitate Mr. Chamberlain, as only one of the two barbs fired from the weapon connected with Mr. Chamberlain’s body. After the Tasers were deployed, one of the officers fired non-lethal beanbag ammunition rounds, striking Mr. Chamberlain in his chest and thigh. The non-lethal rounds did not incapacitate Mr. Chamberlain and he started to advance toward Sergeant Martin with the knife. At that point, Officer Carelli shot his pistol twice from inside the doorway. One of the bullets shot by Officer Carelli hit Mr. Chamberlain and fatally wounded him. Once Mr. Chamberlain fell to the ground, Officer Steven Demchuk used his baton to strike Mr. Chamberlain’s wrist to make him drop the knife. The autopsy report indicates that Mr. Chamberlain’s death was caused by the bullet shot by Officer Carelli.
In the context of this case, to establish a violation of federal law, the Department of Justice would be required to establish beyond a reasonable doubt that, at the time of the shooting, Officer Carelli lacked probable cause to believe that Mr. Chamberlain posed a significant threat of death or serious physical injury to the officer or to others, and that Officer Carelli willfully deprived Mr. Chamberlain of his right to be free from excessive force. The weight of the evidence indicates that, at the time the shooting took place, the WPPD officers believed that Mr. Chamberlain was threatening Sergeant Martin with a knife and that Officer Carelli believed that Sergeant Martin was in danger of being seriously injured by Mr. Chamberlain.
The investigation revealed no evidence to refute Officer Carelli’s testimony that he shot Mr. Chamberlain in response to his belief that Sergeant Martin was in danger of being seriously physically injured by Mr. Chamberlain. The statements of the other officers present corroborate Officer Carelli’s account – namely, that Mr. Chamberlain had a knife and that he advanced toward Sergeant Martin with that knife before Officer Carelli shot his pistol. There is no physical or other evidence that contradicts these accounts, nor is there any video of the shooting itself, as the Taser video stopped recording after the Tasers were deployed. Accordingly, the Department of Justice cannot conclude or prove beyond a reasonable doubt that there was a federal criminal civil rights violation.
Accordingly, this Office’s investigation into Mr. Chamberlain’s death has been closed.
This Office analyzed these issues under the standard applicable to criminal cases, which is proof beyond a reasonable doubt. The Office expresses no view regarding any claims made against any party under the standard applicable to civil cases, which is proof by a preponderance of the evidence.
Mr. Kim expressed his deep sympathy to the family of Mr. Chamberlain for their tragic loss.
U.S. Attorney Statement on Marijuana Enforcement in the District of OregonRead the Press Release
PORTLAND, Ore., - Billy J. Williams, United States Attorney for the District of Oregon, provided the below statement on marijuana enforcement in the District of Oregon.
"As noted by Attorney General Sessions, today’s memo on marijuana enforcement directs all U.S. Attorneys to use the reasoned exercise of discretion when pursuing prosecutions related to marijuana crimes. We will continue working with our federal, state, local and tribal law enforcement partners to pursue shared public safety objectives, with an emphasis on stemming the overproduction of marijuana and the diversion of marijuana out of state, dismantling criminal organizations and thwarting violent crime in our communities."
U.S. Attorney Bob Troyer Issues Statement Regarding Marijuana Prosecutions in ColoradoRead the Press Release
DENVER – U.S. Attorney Bob Troyer of the District of Colorado has issued the following statement regarding marijuana prosecutions:
“Today the Attorney General rescinded the Cole Memo on marijuana prosecutions, and directed that federal marijuana prosecution decisions be governed by the same principles that have long governed all of our prosecution decisions. The United States Attorney’s Office in Colorado has already been guided by these principles in marijuana prosecutions -- focusing in particular on identifying and prosecuting those who create the greatest safety threats to our communities around the state. We will, consistent with the Attorney General’s latest guidance, continue to take this approach in all of our work with our law enforcement partners throughout Colorado.”
U.S. Attorney Bob Troyer, District of Colorado
U.S. Attorney Annette L. Hayes Statement on Federal Marijuana Prosecutions in the Western District of WashingtonRead the Press Release
SEATTLE – The following is a statement from United States Attorney for the Western District of Washington Annette L. Hayes:
Today the Attorney General reiterated his confidence in the basic principles that guide the discretion of all U.S. Attorneys around the country, and directed that those principles shepherd enforcement of federal law regarding marijuana. He also emphasized his belief that U.S. Attorneys are in the best position to address public safety in their districts, and address the crime control problems that are pressing in their communities. Those principles have always been at the core of what the United States Attorney’s Office for Western Washington has done – across all threats to public safety, including those relating to marijuana. As a result, we have investigated and prosecuted over many years cases involving organized crime, violent and gun threats, and financial crimes related to marijuana. We will continue to do so to ensure – consistent with the most recent guidance from the Department – that our enforcement efforts with our federal, state, local and tribal partners focus on those who pose the greatest safety risk to the people and communities we serve.
Two West Virginia residents admit to their roles in an oxycodone distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Monongalia County woman and an Upshur County man have admitted to their roles in distributing oxycodone, United States Attorney Bill Powell announced.
Marjorie Sue Webster, of Maidsville, age 24, pled guilty to “Unlawful Use of Communication Facility.” Webster admitted to using a phone to assist others in distributing oxycodone in March 2017 in Monongalia County.
Christopher Moriarty, of Buckhannon, age 25, pled guilty to “Distribution of Oxycodone.” Moriarty admitted to selling oxycodone in June 2015 in Upshur County.
Webster faces up to four years incarceration and a fine of up to $250,0000. Moriarty faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the cases on behalf of the government. The Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Michael John Aloi presided.Two Boone County defendants plead guilty to federal gun crimesRead the Press Release
CHARLESTON, W.Va. – Two Boone County residents pleaded guilty today to federal gun charges, announced United States Attorney Carol Casto. Justin Keith Branham, 34, of Alum Creek, entered his guilty plea to being a felon in possession of a firearm. Alisha Marie Esque, 27, of Julian, entered her guilty plea to aiding and abetting the theft of firearms from a federal firearms licensee.
Branham and Esque are two of four defendants indicted in August 2017 and charged with stealing guns from a Boone County firearms dealer. Branham admitted that in November 2016, he possessed a rifle that he had stolen from the firearms dealer. Branham is prohibited from possessing any firearms under federal law because of a 2013 felony conviction in Kanawha County Circuit Court for burglary by breaking and entering. Esque admitted that in November 2016, she served as a lookout for Branham while he broke into the store to steal guns.
Branham and Esque each face up to 10 years in federal prison when they are sentenced on March 21, 2018.
The Boone County Sheriff’s Office, the West Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney James Matthew Davis is handling the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
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Thirteen Individuals with Motorcycle Gang Connections Sentenced in Drug Trafficking ConspiracyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that thirteen individuals were sentenced in connection with a cocaine and methamphetamine drug trafficking conspiracy in multiple counties within the Middle District of Pennsylvania.
According to United States Attorney David J. Freed, the individuals, some of whom were members of the Outlaw Motorcycle Gang the Pagan’s Motorcycle Club and affiliated gangs, sold methamphetamine and cocaine hydrochloride, Schedule II controlled substances, between December 2014 and April 2016 in Berks, Cumberland, Dauphin, York, Northumberland, Perry and Snyder Counties.
Name
Age
City
Sentence Date
Sentence
Arthur Houze
49
Harrisburg
September 27, 2017
151 months’ imprisonment
Michael Herman
49
Harrisburg
January 3, 2018
120 months’ imprisonment
Scott Ohler
50
Harrisburg
September 28, 2017
110 months’ imprisonment
Michael Finsterbush
50
Lemoyne
January 11, 2017
100 months’ imprisonment
Joseph Newton
47
Selinsgrove
January 30, 2017
96 months’ imprisonment
Phillip Bennett
43
Elizabethtown
May 11, 2017
70 months’ imprisonment
Timothy Watson
42
Lemoyne
August 17, 2017
70 months’ imprisonment
Eric West
29
Shermans Dale
August 3, 2017
70 months’ imprisonment
Justin Spiegle
41
Liverpool
May 11, 2017
60 months’ imprisonment
John Nace
41
York
December 7, 2016
48 months’ imprisonment
Douglas Lesniak
46
Steelton
May 19, 2017
30 months’ imprisonment
Michael Sanders
43
Selinsgrove
April 12, 2017
25 months’ imprisonment
Marcie Herman
47
Harrisburg
April 20, 2017
6 months’ imprisonment and 6 months in-home detention
This case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant U.S. Attorney Chelsea Schinnour prosecuted the case.
This case was brought pursuant to the FBI’s Capital City Safe Streets Gang Task Force initiative. The initiative is designed to reduce gang-related violent crimes through a comprehensive, FBI led law enforcement approach utilizing state of the art investigative efforts to detect, exploit, disrupt, dismantle, and interdict domestic and international gangs.
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Texas Man Pleads Guilty to Federal Cocaine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Carlos Ivan Todd, 30, of Canutillo, Texas, pled guilty today in federal court in Las Cruces, N.M., to cocaine trafficking charges arising from the seizure of 4.06 kilograms (8.95 pounds) of cocaine at the U.S. Border Patrol Checkpoint near Las Cruces.
The DEA arrested Todd and co-defendant Candy May Gonzales, 33, also of Canutillo, Texas, in Oct. 2017, on a criminal complaint charging them with possession of 4.0 kilograms of cocaine with intent to distribute in Dona Ana County, N.M. According to the complaint, Todd and Gonzales were arrested after Border Patrol Agents at the U.S. Border Patrol Checkpoint on I-25 near Las Cruces, seized three bundles of cocaine concealed in Todd’s vehicle.
During today’s proceedings, Todd pled guilty to a felony information charging him with conspiracy and possession of cocaine with intent to distribute. In entering the guilty plea, Todd admitted that on Oct. 8, 2017, he drove a vehicle containing 4.06 kilograms of cocaine hidden in a compartment in the vehicle into the U.S. Border Patrol Checkpoint on I-25 north of Las Cruces. Todd admitted that he previously agreed with other individuals to drive the cocaine from El Paso, Texas to Albuquerque, N.M., for further distribution.
At sentencing, Todd faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
Co-defendant Gonzales has waived the right to a preliminary hearing and a grand jury presentment, and has been ordered detained pending trial.
This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol. Assistant U.S. Attorney John Balla of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Tahlequah Man Sentenced to 293 Months for Sexual Exploitation of Children, Possession of Material Involving Sexual Exploitation of MinorsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Billy Hershell Smith II, age 48, of Tahlequah, Oklahoma, was sentenced to 293 months imprisonment, and 10 years of supervised release for Sexual Exploitation Of Children, in violation of Title 18, United States Code, Section 2251(a); and for Possession Of Certain Material Involving The Sexual Exploitation Of Minors, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2).
The Indictment alleged that, from between a date uncertain in 2014 to on or about August 15, 2016, in the Eastern District of Oklahoma and elsewhere, the defendant, Billy Hershell Smith II, employed, used, persuaded, induced, enticed, and coerced V.C., a person under the age of eighteen years, to engage in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), for the purpose of producing any visual depiction of such conduct, and the defendant, Billy Hershell Smith II knew and had reason to know such visual depiction would be transported in interstate commerce, and any such visual depiction was produced using materials that have been mailed, shipped, and transported in interstate and foreign commerce, and any such visual depiction had actually been transported in interstate commerce.
The Indictment further alleged that from on or about July 23, 2015, to on or about August 15, 2016, in the Eastern District of Oklahoma and elsewhere, the defendant, Billy Hershell Smith II, did knowingly possess, attempt to possess and access with intent to view matters which contained visual depictions, as that term is defined in Title 18, United States Code, Section 2256(5), the production of said visual depictions involved the use of minors engaging in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), and said visual depictions were of such sexually explicit conduct and had been transported in interstate commerce by computer.
The charges arose from an investigation by the Federal Bureau of Investigation.
United States Attorney Brian J. Kuester said, “Today’s sentencing of Billy Hershell Smith not only delivers justice for his victim, but puts an end to his opportunity to exploit children. I also hope that this nearly 25 year sentence will serve as a deterrent and a warning to those in our communities that prey upon children, that their conduct will not be tolerated. I commend the FBI Agents who investigated Smith for their professional and thorough investigation and their ongoing commitment to investigating those that produce, possess, or view child pornography. This agency is committed to prosecuting them.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Edward Snow represented the United States.
Sentencings for December 28, 2017 - January 4, 2018Read the Press Release
Paul Dwayne Jones, 54, of Casper, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on January 4, 2018, for aiding and abetting the possession with intent to distribute methamphetamine. Jones was arrested in Casper, Wyoming. He received 120 months of imprisonment, to be followed by ten years of supervised release, and was ordered to pay a $100.00 special assessment and $900.00 in restitution. This case was investigated by the Casper Police Department, the Wyoming Highway Patrol and the Wyoming Division of Criminal Investigation.
James Eugene Watkins, 52, of Osage, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on January 3, 2018, for counterfeiting and forging obligations or securities of the United States and aiding and abetting. Watkins was arrested in Weston County, Wyoming. He received 18 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment and $210.00 in restitution. This case was investigated by the U.S. Secret Service.
Stephanie Joy Nicole Dodson, 45, of Everett, Pennsylvania, was sentenced by Federal District Court Judge Alan B. Johnson on January 2, 2018, on two counts of timber set afire. Dodson was arrested in Pennsylvania. She received 53 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $200.00 special assessment and $105,712.68 in restitution. This case was investigated by the U.S. Forest Service.
Juan Herrera-Diaz, 30, of Tuxpan, Nayarit, Mexico, was sentenced by Federal District Court Judge Alan B. Johnson on December 28, 2017, for illegal re-entry of a previously deported alien into the United States. Herrera-Diaz was arrested in Albany County, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Schererville Man Sentenced to 70 Months ImprisonmentRead the Press Release
HAMMOND - United States Attorney Thomas L. Kirsch II announced that Aleksandar Jokic, 43, of Schererville, Indiana was sentenced before District Court Judge Joseph S. Van Bokkelen for one count of soliciting the transportation of a person across state lines for prostitution.
Jokic was sentenced to a 70 month imprisonment term and 5 years of supervised release. The Court also imposed a $5,000 fine.
According to documents in this case, between June and October 2015, Jokic solicited a pimp to transport a 16-year-old female from Chicago, Illinois, to his home in Schererville, Indiana for the purpose of engaging in commercial sex acts with the minor female. During this time period, Jokic also solicited and received commercial sex acts at his residence on separate occasions from two other minor females, aged 15 and 16 years old.
This case was investigated by the Federal Bureau of Investigations (FBI) and United States Homeland Security Investigations (HSI) and was handled by Assistant U.S. Attorney Abizer Zanzi.
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Round Rock Man Charged in Kidnapping of Two SistersRead the Press Release
In Austin today, a federal complaint was unsealed charging Terrance “Terry” Allen Miles in the kidnapping of two minors, announced United States Attorney John F. Bash, and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
Yesterday, authorities in Colorado took 44–year-old Miles into custody without incident during a traffic stop. The two minors, ages 7 and 14, were found safe in the vehicle Miles was driving.
According to the complaint, on or about December 30, 2017, the Round Rock, Texas Police Department (RRTPD) received a call for a welfare check on Tonya Ellen Bates because she did not show up for work on December 30, 2017, as expected.
According to court documents, upon conducting the welfare check at Bates’ residence, RRTPD located Bates’ deceased body. Bates appeared to have suffered from blunt force trauma. Bates was the only individual at the residence at the time of the welfare check and Bates’ 2017 Hyundai Accent was missing. Investigation revealed Bates had two minor daughters and a roommate named Terry Allen Miles who lived with Bates.
On or about December 30, 2017, at approximately 1:00 a.m., Miles’ mother received a text message from a phone that belonged to one of the daughters. RRTPD officers obtained cell phone information on the children’s two phones. One of the phones was located in a heavily wooded area adjacent to a Wal-Mart store located in Round Rock, Texas. Surveillance from the Wal-Mart store showed what appeared to be Miles purchasing numerous camping-related items and then leaving the Wal-Mart in a vehicle appearing to match Bates’ vehicle.
Authorities determined Bates’ missing Hyundai was in northern New Mexico near the Colorado state line. Las Animas County Sheriff’s deputies arrested Miles near La Veta, Colorado, on the evening of January 3.
Miles is scheduled for an initial appearance today at 3:00 p.m. (CST) in Federal District Court in Denver, Colorado.
This investigation is being conducted by the Federal Bureau of Investigation, United States Marshals Service – Lone Star Fugitive Task Force, and Round Rock, Texas Police Department. Assistance also provided by the Texas Rangers; Central Texas Violent Crimes Task Force; Williamson County, Texas District Attorney’s Office; United States Attorney’s Office – Colorado; New Mexico State Police Department; Las Animas County, Colorado Sheriff’s Office; Southern Colorado Safe Streets Task Force; Colorado State Patrol; Trinidad, Colorado Police Department; Colorado Bureau of Investigations; Huerfano County, Colorado Sheriff’s Office; Archuletta County, Colorado Sheriff’s Office; Pagosa Springs, Colorado Police Department; Rio Grande County, Colorado Sheriff’s Office; Federal Bureau of Investigation in Colorado; Durango, Colorado Police Department; La Plata County, Colorado Sheriff’s Office; Child Protective Services in Texas and Colorado; and the National Center for Missing and Exploited Children.
A criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
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New York man sentenced for synthetic marijuana distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA –Nicholas Graziano, 54, of Melville, New York, was sentenced today to 60 months incarceration and fined $15,000 for distributing synthetic marijuana, United States Attorney Bill Powell announced.
Graziano pled guilty on March 27, 2017 to one count of “Conspiracy to Distribute a Controlled Substance Analogue.”
As a part of the sentencing, Graziano was also ordered to forfeit the following, which are proceeds of the offense of conviction, property that facilitated the offense of conviction, and property involved in the offense of conviction:
- $94,777.83 in United States Currency seized on April 29, 2014, at the business known as X-Hale, located at 218 Walnut Street, Morgantown, West Virginia;
- $2,520.91 in United States Currency seized on May 8, 2014, from a United Bank account
- $12,230.83 in United States Currency seized on May 8, 2014 from a United Bank account
- $2,032.76 in United States Currency seized on May 8, 2014, from a United Bank account
- One 2010 Infiniti, VIN JN1CV6AR1AM252190, registered in the State of West Virginia
- The business license issued by the State of West Virginia to Hookabuy,Inc.
In July 2012 through April 2014, Nicholas Graziano, owner and operator of X Hale Hookah Lounge in Morgantown, West Virginia, was distributing synthetic cannabinoids, commonly referred to as spice, K2, incense, or fake weed. Synthetic cannabinoids are designer drugs that resemble a controlled substance in molecular structure and actual or intended physiological effect.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Metro Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Irene M. Keeley presided.New Orleans Area Woman Sentenced to more than Four Years in Prison for Role in Approximately $2 Million Home Health Kickback and Identity Theft SchemeRead the Press Release
WASHINGTON – A New Orleans woman was sentenced today to 51 months in prison for her involvement in a $2 million home health kickback scheme carried out through eight companies at nursing homes in four states in the Southeastern United States.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting U.S. Attorney Duane A. Evans of the Eastern District of Louisiana, Special Agent in Charge Eric J. Rommal of the FBI’s New Orleans Field Office and Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Field Office made the announcement.
Kim Ricard, 51, of Gonzales, Louisiana was sentenced by U.S. District Court Judge Jane Triche Milazzo of the Eastern District of Louisiana, who also ordered Ricard to pay $1.958 million in restitution. On Sept. 7, 2017, the defendant was convicted of one count of conspiracy to pay and receive kickbacks, three counts of receiving kickbacks, three counts of identity theft and one count of making false statements to federal agents.
According to evidence presented at trial, from 2008 to 2013, Kim Ricard and others engaged in a scheme to refer mentally ill Medicare patients to home health agencies in and around New Orleans in exchange for kickbacks. The evidence further established that Ricard unlawfully used the Medicare identification information of three Medicare beneficiaries in connection with the scheme. Ricard then made false statements to federal investigators about her conduct, the evidence showed. As a result of the scheme, Ricard’s co-conspirator caused Medicare to pay over $1.9 million based on those illegally-obtained referrals.
Co-defendant Milton Diaz, 65, of Harvey, Louisiana, pleaded guilty on July 13, 2017 and is awaiting sentencing.
The case was investigated by the FBI and HHS-OIG, and brought by the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Louisiana. The case is being prosecuted by Trial Attorneys Kate Payerle and Claire Yan of the Criminal Division’s Fraud Section.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged over 3,000 defendants who collectively have billed the Medicare program for over $11 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.justice.gov/criminal-fraud/health-care-fraud-unit.
New Orleans Area Woman Sentenced to More Than Four Years in Prison for Role in Approximately $2 Million Home Health Kickback and Identity Theft SchemeRead the Press Release
A New Orleans woman was sentenced today to 51 months in prison for her involvement in a $2 million home health kickback scheme carried out through a New Orleans area home health agency.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting U.S. Attorney Duane A. Evans of the Eastern District of Louisiana, Special Agent in Charge Eric J. Rommal of the FBI’s New Orleans Field Office and Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Field Office made the announcement.
Kim Ricard, 51, of Gonzales, Louisiana was sentenced by U.S. District Court Judge Jane Triche Milazzo of the Eastern District of Louisiana, who also ordered Ricard to pay $1.958 million in restitution. On Sept. 12, 2017, the defendant was convicted of one count of conspiracy to pay and receive kickbacks, three counts of receiving kickbacks, three counts of identity theft and one count of making false statements to federal agents.
According to evidence presented at trial, from 2008 to 2013, Kim Ricard and others engaged in a scheme to refer mentally ill Medicare patients to home health agencies in and around New Orleans in exchange for kickbacks. The evidence further established that Ricard unlawfully used the Medicare identification information of three Medicare beneficiaries in connection with the scheme. Ricard then made false statements to federal investigators about her conduct, the evidence showed. As a result of the scheme, Ricard’s co-conspirator caused Medicare to pay over $1.9 million based on those illegally-obtained referrals.
Co-defendant Milton Diaz, 65, of Harvey, Louisiana, pleaded guilty on July 13, 2017 and is awaiting sentencing.
The case was investigated by the FBI and HHS-OIG, and brought by the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Louisiana. The case is being prosecuted by Trial Attorneys Kate Payerle and Claire Yan of the Criminal Division’s Fraud Section.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged over 3,000 defendants who collectively have billed the Medicare program for over $11 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
Modesto Man Indicted for Attempting to Provide Material Support to a Terrorist OrganizationRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment against Everitt Aaron Jameson, 26, of Modesto, today charging him with attempting provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization and distribution of information relating to destructive devices.
The announcement was made by Attorney General Jeff Sessions, Acting Assistant Attorney General for National Security Dana J. Boente, U.S. Attorney McGregor W. Scott for the Eastern District of California and Special Agent in Charge Sean Ragan of the FBI’s Sacramento Field Office.
“Federal law enforcement deserves our thanks for stopping a potential terrorist attack during the busy holiday season,” said Attorney General Sessions. “The Department of Justice will continue to take every lawful step we can to distrupt plots and to protect our nation from foreign and domestic threats, including the dangerous threat posed by radical Islamic terrorism.”
U.S. Attorney Scott stated: “Our office is committed to investigating potential terrorist threats and working with our law enforcement partners to prevent those threats from being carried out. I am grateful to the FBI for their vigilance and commitment to keeping our communities safe.”
“This case shows our determination to prevent acts of terrorism and to save lives,” said FBI Special Agent in Charge Sean Ragan of the Sacramento Field Office. “We thank our law enforcement partners for their cooperation in this matter. We also remind members of the public that should they see something suspicious indicating a threat of any kind to immediately report it to law enforcement authorities.”
According to the indictment, between Oct. 24, 2017, and Dec. 20, 2017, Jameson offered to work in support of ISIS, knowing that the organization was engaging in terrorist activity and terrorism. Court documents allege that he had several online interactions with a confidential source, and during those interactions, he expressed support for the Oct. 31, 2017, terrorist attack in New York City and offered his services for “the cause.” In subsequent communications with an undercover agent, Jameson noted that his time in the U.S. military had trained him for combat and war. Later, he met with another undercover agent whom he believed to be associated with the senior leadership of ISIS and offered to carry out violent acts and provide financial support for the terrorist organization.
The indictment also alleges that, on Dec. 16, 2017, Jameson described to a person whom he believed was working for ISIS that he was well-versed with the Anarchist Cookbook, described how to build pipe bombs out of PVC pipe, gunpowder, nails and BBs, asked for remote timing devices from that person, and described how to use such destructive devices in an attack on Pier 39 in San Francisco, to funnel people into an area in order to shoot them.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Dawrence W. Rice Jr. and Christopher D. Baker are prosecuting the case with Trial Attorney Brenda Sue Thornton from the U.S. Department of Justice’s National Security Division, Counterterrorism Section.
If convicted, Jameson faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Methamphetamine Dealer Sentenced to 188 Months in PrisonRead the Press Release
Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that Shannon Dale Cooper, age 33, of Sumner, Georgia, was sentenced to 188 months’ imprisonment for conspiracy to possess with intent to distribute methamphetamine by United States District Court Judge C. Ashley Royal in Athens, Georgia on January 4, 2018.
In his plea agreement, Mr. Cooper admitted that on December 19, 2016, he was a passenger in a car with two others when officers from the Athens-Clarke County Police Department approached and searched the individuals. Officers recovered a large quantity of methamphetamine. One of the vehicle’s other passengers was in possession of a loaded .25 caliber automatic pistol. Mr. Cooper has a lengthy criminal history, including previous state felony convictions for Aggravated Assault, Battery, Terroristic Threats or Acts, False Imprisonment, Manufacture of Marijuana, Interference with Government Property, Theft by Taking, and Theft by Deception.
“As is all too common at this time, we again face the combination of violent career offenders possessing large quantities of deadly, illicit drugs with weapons present. Eradicating this conduct requires the type of alert police work and vigorous prosecution seen in this case. Hopefully Mr. Cooper’s lengthy prison sentence will send a message to others that this type of illegal activity exacts a heavy price upon conviction,” said United States Attorney Peeler.
The case was investigated by the Athens-Clarke County Police Department. Assistant United States Attorney Peter D. Leary prosecuted the case for the Government.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Meth Dealer Sentenced to 60 Months in Federal PrisonRead the Press Release
BILLINGS - The United States Attorney’s Office announced today that Renae Dawn Bighorn was sentenced to 60 months in prison, four years of supervised release, and a $100 special assessment. U.S. District Judge Susan Watters presided over the hearing.
Bighorn previously entered a guilty plea to possession with intent to distribute methamphetamine. In April 2015, law enforcement officers working for a Billings area drug task force became aware that Bighorn was dealing methamphetamine and other substances in Billings and the Bakken area of North Dakota. An undercover agent contacted Bighorn to discuss the purchase of narcotics and Bighorn agreed to sell the agent one ounce of methamphetamine. Two days later, Bighorn sold methamphetamine to the undercover agent as previously agreed. Forensic testing revealed that Bighorn sold 26 grams of pure methamphetamine to law enforcement.
Judge Watters sentenced Bighorn to 60 months in federal prison, with four years of supervised release to follow. Because there is no parole in the federal system, Bighorn will likely serve all of the time imposed by the court. In the federal system, Bighorn does have the opportunity to shorten the term of custody by earning credit for good behavior. However, this reduction will not exceed 15% of the overall sentence.
The case was investigated by the Billings Police Department, the Yellowstone County Sheriff’s Office, the Drug Enforcement Agency, and other federal, state, and local agencies. The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
Madison man charged with child pornography crimesRead the Press Release
A Madison man was indicted on child pornography charges, said U.S. Attorney Justin E. Herdman.
Slade A. Williams, 25, was charged with receiving and distributing visual depictions of minors engaged in sexually explicit conduct.
The indictment charges that Williams knowingly received and distributed numerous computer files which contained visual depictions of real minors engaged in sexually explicit conduct. This took place in November 2016, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorney Carol M. Skutnik. The case was investigated by Speical Agent Michael Deterling with Homeland Security Investigations.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Keshena Man Indicted for Attempted Child Enticement on the Menominee Indian ReservationRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on January 3, 2018, a federal grand jury returned a one-count indictment against a man who allegedly attempted to entice a minor female into performing sex acts for money. The indictment named Mario Escalante (age: 41), an enrolled member of the Menominee Indian Tribe of Wisconsin, who currently resides in Keshena on the Menominee Indian Reservation in Wisconsin.
The indictment charges Escalante with Attempted Child Enticement in violation of 18 U.S.C. § 2422(b). Escalante faces a mandatory minimum sentence of 10 years in prison, and a maximum sentence of life in prison; up to a $250,000 fine; and between 5 years and a lifetime of supervised release. The charge also carries a $5000 special assessment.
According to the indictment, on November 14, 2017, Escalante allegedly used his phone to attempt to persuade a minor female to meet him at a location within the exterior boundaries of the Menominee Indian Reservation, where he intended to engage in sexual activity with the minor in exchange for money.
The case was investigated by the Menominee Tribal Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Andrew J. Maier.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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For additional information contact:
Acting Public Information Officer Elizabeth Makowski at 414 297-1700
Justice Department Issues Memo on Marijuana EnforcementRead the Press Release
The Department of Justice today issued a memo on federal marijuana enforcement policy announcing a return to the rule of law and the rescission of previous guidance documents. Since the passage of the Controlled Substances Act (CSA) in 1970, Congress has generally prohibited the cultivation, distribution, and possession of marijuana.
In the memorandum, Attorney General Jeff Sessions directs all U.S. Attorneys to enforce the laws enacted by Congress and to follow well-established principles when pursuing prosecutions related to marijuana activities. This return to the rule of law is also a return of trust and local control to federal prosecutors who know where and how to deploy Justice Department resources most effectively to reduce violent crime, stem the tide of the drug crisis, and dismantle criminal gangs.
"It is the mission of the Department of Justice to enforce the laws of the United States, and the previous issuance of guidance undermines the rule of law and the ability of our local, state, tribal, and federal law enforcement partners to carry out this mission," said Attorney General Jeff Sessions. "Therefore, today's memo on federal marijuana enforcement simply directs all U.S. Attorneys to use previously established prosecutorial principles that provide them all the necessary tools to disrupt criminal organizations, tackle the growing drug crisis, and thwart violent crime across our country."
Judge Sentences Jeannette Woman to Four Years in Prison for Fentanyl Distribution SchemeRead the Press Release
PITTSBURGH -A Westmoreland County resident has been sentenced in federal court to four years of imprisonment and four years of supervised release on her conviction of conspiracy to distribute fentanyl, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Autumn McClellan, age 31, of Jeanette, Pennsylvania.
According to information presented to the court, McClellan participated in a conspiracy to distribute fentanyl in which she and other members of the conspiracy sold substantial quantities of fentanyl to individuals addicted to that illegal substance.
Assistant United States Attorney Brendan T. Conway prosecuted this case on behalf of the government.
United States Attorney Brady commended the Drug Enforcement Administration and the Penn Hills Police Department for the investigation leading to the successful prosecution of McClellan.
Joseph Goin Sentenced to Federal Prison for Gun CrimeRead the Press Release
BOISE – Joseph Sterling Goin, 24, of Caldwell, Idaho, was sentenced today to 24 months in prison by Senior U.S. District Court Judge Edward J. Lodge, U.S. Attorney Bart M. Davis announced. Judge Lodge also ordered Goin to serve three years of supervised release upon his release from federal prison.
On October 17, 2017, Goin pleaded guilty to unlawfully possessing a firearm. Goin sold a semi-automatic rifle with a high-capacity magazine to an undercover police officer at a gas station parking lot on April 3, 2017. At the time, Goin had previously been convicted of felony crimes including a burglary conviction from Canyon County, Idaho, on March 13, 2013. Goin was prohibited from possessing firearms because of that felony burglary conviction.
This investigation is the result of an investigation and enforcement operation by the Treasure Valley Metro Violent Crime Task Force which is comprised of federal, state and local agencies, including the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives; the United States Marshals Service; the Drug Enforcement Administration; the Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations; the Idaho Department of Corrections Office of Probation and Parole; the Ada County Sheriff’s Office, the Canyon County Sheriff’s Office; the Nampa City Police Department; the Caldwell City Police Department; and the Boise City Police Department.
The case was brought as part of Project Safe Neighborhoods, a nationwide initiative originally launched in May 2001 and reinvigorated in 2017 by the Department of Justice to combat gun violence in the United States. Project Safe Neighborhoods marshals federal, state, and local resources to target and prosecute those who commit gun crimes. For more information about Project Safe Neighborhoods, visit https://www.bja.gov.
Illinois Men IndictedRead the Press Release
HAMMOND – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Michael Cruz, age 38 of Algonquin, Illinois and Rigoberto Ortiz-Dominguez, age 32, of Joliet, Illinois were charged by Indictment with possession with intent to deliver more than one kilogram of heroin.
According to documents filed in the case, on November 16, 2017 during a Drug Enforcement Administration (DEA) investigation, Michael Cruz agreed to direct his courier to deliver multiple kilograms of heroin to a buyer. When the courier, Ortiz-Dominguez, arrived, law enforcement conducted a traffic stop and searched Ortiz-Dominguez’s car. Agents found and seized 3.6 kilograms of heroin. Cruz and Ortiz-Dominguez were arrested and have been detained pending trial.
United States Attorney Thomas L. Kirsch II said, “Cooperative partnerships between local, state and federal agencies are essential to reducing the availability of controlled substances in the Northern District of Indiana.”
The United States Attorney’s office emphasizes that an Indictment is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This indictment results from an investigation by the Lake County High Intensity Drug Trafficking Area (HIDTA) Task Force and the DEA with assistance from the Hammond Police Department and the Indiana State Police. The case is being prosecuted by Assistant United States Attorney Thomas McGrath.
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Harrison County man admits to health care fraudRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Clarksburg, West Virginia, man has admitted to health care fraud, United States Attorney Bill Powell announced.
Kenneth Boyles, age 52, pled guilty to one count of “Health Care Fraud.” Boyles admitted to falsely reporting symptoms related to his service in the United States Army Reserves to the Veterans Health Administration in order to fraudulently collect more than $224,000 in benefits. The crime occurred from 2008 to 2017 in Harrison County.
Assistant U.S. Attorney Sarah E. Wagner is prosecuting the case on behalf of the government. The Department of Veterans Affairs Office of Inspector General and the Federal Bureau of Investigation investigated.
U.S. Magistrate Judge Michael John Aloi presided.Green Bay Man Indicted for Assault on Menominee Indian ReservationRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on January 3, 2018, a federal grand jury returned a one-count indictment against a man allegedly involved in an assault on the Menominee Indian Reservation. The indictment named Anthony Kitchenakow (age: 46) of Green Bay.
The indictment charged Kitchenakow with Assault with a Dangerous Weapon in violation of 18
U.S.C. Section 113. Kitchenakow faces a maximum sentence of up to 10 years’ imprisonment, up to a $250,000 fine, and up to 3 years of supervised release.
According to the indictment, on November 29, 2017, the defendant used a knife and assaulted a man outside a residence in Neopit, which is on the Menominee Indian Reservation.
The case was investigated by the Menominee Tribal Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Andrew J. Maier.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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For additional information contact:
Acting Public Information Officer Elizabeth Makowski at 414 297-1700
Great Falls Felons Sentenced for Gun PossessionRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced today that 49-year old William Turton of Great Falls was sentenced to 18 months in prison, three years of supervised release, and a $100 special assessment, and 40-year old Mathew Lederer of Great Falls was sentenced to 24 months in prison, three years of supervised release, and a $100 special assessment. U.S. District Judge Brian M. Morris presided over the hearing.
In October 2015, the Great Falls Police Department responded to a rash of burglaries throughout town. Officers arrested numerous suspects responsible for these burglaries and learned that stolen items from the burglaries were stashed at William Turton’s residence in Great Falls. Officers also learned that Turton acted as a facilitator in order to trade stolen items for drugs. Officers obtained and executed a search warrant at Turton’s home. There, officers discovered two firearms, drugs, and related paraphernalia. Their search recovered a Smith & Wesson revolver and an Iberia semi-automatic pistol. At the time of the discovery, the owner of these firearms had not yet reported them as stolen.
Detectives spoke with Turton, who admitted he arranged trading stolen property in exchange for firearms in order to support his own methamphetamine habit. At the residence, the officers also encountered Mathew Lederer. Officers arrested and questioned Lederer. During Lederer’s interview, he denied any involvement with the revolver or pistol found at the defendant’s house, although when questioned, he was able to adequately describe the firearms and admitted to having handled them. He said Turton had acquired the firearms in exchange for drugs.
On November 9, 2015, a man contacted the Great Falls Police Department to report that he had discovered two firearms were missing from his gun safe. This man believed that Lederer was behind the theft of the pistol and revolver—the same two guns previously discovered at Turton’s residence, as Lederer had been a guest at this man’s home for the first few weeks of October 2015. Law enforcement ultimately confirmed that Lederer had stolen the pistol and revolver.
In late November 2015, a victim of one of the earlier burglaries contacted police and stated he believed he had found a listing for his stolen shotgun. The victim identified that an individual was attempting to sell the Benelli Super Nova shotgun on Facebook. An officer went to this individual’s home and the individual said he purchased the firearm from Turton for $250. In addition to the Benelli, the individual said Turton also had a Remington 7mm rifle which he was unwilling to sell. The individual provided the shotgun to the officer, who confirmed the shotgun matched the description of the shotgun stolen during one of the burglaries.
Both Turton and Lederer have extensive criminal histories that include prior convictions for thefts, burglaries, and drugs, and both are prohibited from possessing firearms.
The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls Police Department.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
Granite City Man Sentenced to Prison for Firearm OffenseRead the Press Release
Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced that on January 4, 2018, Dakota L. Childs, 26, of Granite City, Illinois, was sentenced for being a felon in possession of a firearm. The Honorable Staci M. Yandle sentenced Childs to 37 months in federal prison, to be followed by two years of supervised release, along with a fine of $250 and a $100 special assessment. Childs also agreed to forfeit the illegal firearm that he possessed.
Court proceedings revealed that Childs, a previously convicted felon, was pulled over by Granite City police officers for speeding, erratic driving and disobeying a red traffic light. After Childs was arrested for reckless driving and other traffic offenses, police officers conducted an inventory search of his vehicle. Officers discovered a loaded pistol on the floorboard of Childs’ vehicle.
The case was investigated by the Granite City Police Department and prosecuted by Assistant United States Attorney Christopher Hoell.
Four indicted on drug distribution chargesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Two men and two women were indicted by a federal grand jury in Elkins on December 19, 2017 on drug distribution charges, United States Attorney Bill Powell announced.
DeMarco Davis, Jr., also known as “Tipp,” of Inwood, West Virginia, age 36, was indicted on one count of “Conspiracy to Distribute Heroin and Cocaine,” three counts of “Aiding and Abetting Possession with Intent to Distribute Heroin,” one count of “Aiding and Abetting Possession with intent to Distribute Cocaine,” and one count of Possession with intent to Distribute Heroin.”
Sarah Jaielyn Carter, of Martinsburg, West Virginia, age 26, was indicted on one count of “Conspiracy to Distribute Heroin and Cocaine,” one count of “Aiding and Abetting Possession with Intent to Distribute Heroin,” and one count of “Aiding and Abetting Possession with intent to Distribute Cocaine.”
David Smeltzer, of Bunker Hill, West Virginia, age 36, was indicted on one count of “Conspiracy to Distribute Heroin and Cocaine,” one count of “Distribution of Heroin,” and two counts of “Aiding and Abetting Distribution of Heroin.”
Shonna Marie Thomas, of Martinsburg, West Virginia, age 32, was indicted on one count of “Conspiracy to Distribute Heroin and Cocaine” and three counts of “Distribution of Heroin.”
The crimes allegedly took place in Berkeley County and elsewhere, from November 2016 to February 2017.
Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, is prosecuting the case on behalf of the government. The Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, and the Berkeley County Sheriff’s Office are investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.Former recruiters sentenced for defrauding the Panda Express restaurant chainRead the Press Release
ATLANTA – Derek Cyrus and Chuck Sandford have been sentenced for running a false invoicing scheme that defrauded the Panda Express restaurant chain of nearly $1.5 million.
“These defendants’ calculated lies and fraud were driven by simple greed,” said U.S. Attorney Byung J. “BJay” Pak. “They not only stole from this corporation, Cyrus and Sandford also lied in a state court, which demonstrated their lack of respect for the law. Now they have years to reflect on those actions while serving their federal sentences.”
“As a result of hard work and determination by Special Agents of the FBI, Derek Cyrus and Chuck Sandford are no longer able to deceive an innocent company,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “The FBI will continue to dedicate significant investigative resources to prosecute those who allow their good judgement to be clouded by greed.”
According to U.S. Attorney Pak, the charges, and other information presented in court: Derek Cyrus and Chuck Sandford both owned companies that ostensibly provided recruitment services to corporations. Cyrus’s company was named “Diversified Recruiters,” and Sandford’s recruitment company was named “Chuck Sandford Consultants” (CSC). Cyrus also worked as an in-house recruiter for Panda Express in 2012 and early 2013.
Beginning in about January 2013, Cyrus and Sandford submitted fraudulent Diversified Recruiters and CSC invoices to the Panda Express accounts payable department that falsely claimed that they had found qualified job candidates for positions at Panda Express restaurants throughout the United States. In actuality, the vast majority of the job candidates were either fictitious or had never been recruited by Cyrus or Sandford. Cyrus also did not tell the accounts payable department that Diversified Recruiters was actually his own company, which allowed him to collect twice for the same recruit. Based upon these misrepresentations, the accounts payable department issued payments to Diversified Recruiters and CSC, which Cyrus and Sandford used for their own personal benefit.
After Cyrus stopped working for Panda Express in March 2013, he continued to send fraudulent Diversified Recruiters and CSC invoices to the accounts payable department. Cyrus falsely told the accounts payable department that he was still a Panda Express employee and was therefore authorized to submit these invoices. Sandford paid Cyrus a kickback after the accounts payable department issued payments for the fraudulent CSC invoices. All told, Cyrus and Sandford netted nearly $1.5 million dollars during the course of this scheme.
Once Panda Express discovered the fraud, they sued Cyrus and Sandford in Cobb County, Georgia. During the course of that litigation, Cyrus further attempted to cover his tracks by submitting false recruit resumes through his attorney to Panda Express’s corporate counsel. Additionally, both defendants repeatedly lied under oath during their sworn depositions about their involvement in the fraud scheme.
Derek Cyrus, 53, of Lithonia, Georgia, was sentenced to four years, five months in federal prison. Chuck Sandford, 74, of Marietta, Georgia, was sentenced to one year, three months in federal prison. Both defendants had previously pleaded guilty to fraud charges for their role in this scheme.
This case was investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorneys Thomas J. Krepp and Timothy H. Lee prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.