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15 February 2018
Law Enforcement to Announce New Charges in MS-13 Case, Including Five Central Ohio MurdersRead the Press Release
COLUMBUS, Ohio – A second superseding indictment returned here today charges 23 individuals alleged to be members and associates of the Columbus clique of MS-13 in a racketeering conspiracy. The most recent indictment includes crimes that could make some of the defendants eligible for the death penalty.
The briefing will be held:
TODAY: THURSDAY, FEBRUARY 15, 2018
WHEN: 2:30 P.M.
WHERE: U.S. Attorney’s Office
Main Conference Room
303 Marconi Blvd. Suite 200
Columbus, Ohio 43215
WHO: U.S. Attorney Benjamin C. Glassman
Angela L. Byers, Special Agent in Charge, FBI
Franklin County Sheriff Dallas Baldwin
Caleb Lowe, Assistant Field Office Director, ICE Enforcement & Removal Operations
Tim Becker, Deputy Chief, Columbus Division of Police
Room available beginning at 2:15 P.M. No TV lighting or multbox will be available. ID will be required for entrance at Security.
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Las Cruces Man Sentenced to Five Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Kenneth Matthew Adame, 25, of Las Cruces, N.M., was sentenced yesterday in federal court to 60 months in prison for his methamphetamine trafficking conviction. Adame will be on supervised release for four years after completing his prison sentence.
Adame and co-defendants Ricky Joe Garcia, 53, and Christopher Michael Sanchez, 25, both of Las Cruces, were arrested in April 2017, and were charged by criminal complaint with participating in a methamphetamine trafficking conspiracy on April 10, 2017, in Dona Ana County, N.M. According to the complaint, on that day, Adame, Garcia and Sanchez sold approximately 497.22 grams of methamphetamine to undercover law enforcement agents.
On June 21, 2017, Adame pled guilty to a felony information charging him with conspiracy to distribute methamphetamine, and admitted that on April 10, 2017, he conspired with his co-defendants to distribute 497 grams of methamphetamine.
Sanchez pled guilty to methamphetamine trafficking charges on July 19, 2017, and was sentenced on Nov. 27, 2017, to 60 months in federal prison followed by four years of supervised release. Garcia pled guilty to methamphetamine trafficking charges on Aug. 2, 2017, and is pending sentencing, which has yet to be scheduled. At sentencing, Garcia faces a mandatory minimum penalty of five years and a maximum of 40 years of imprisonment.
This case was investigated by the Border Enforcement Security Taskforce of Homeland Security Investigations and the HIDTA Region VII Drug Task Force, a multi-agency task force that conducts long term investigations targeting regional, national and international drug trafficking organizations that operate in Luna, Hidalgo and Grant counties and follow-up on cases resulting from U.S. Border Patrol and New Mexico State Police interdiction efforts. The case is being prosecuted by Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office.
The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Largo Man Sentenced to Four Years in Federal Prison for Viewing Child Sexual Abuse Videos and Images Using the “Dark Web”Read the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Benjamin McKenzie (42, Largo) to four years in federal prison for possessing child sexual abuse videos and images. He was also sentenced to a 20-year term of supervision and ordered to register as a sex offender upon his release from prison.
McKenzie pleaded guilty on November 28, 2017.
According to court documents, FBI agents began an online undercover investigation to identify individuals who were using a particular anonymizing website on the “dark web” to access and download images and videos depicting child pornography. Further investigation revealed that McKenzie had accessed child pornography on this website between September 2014 and March 2015. FBI agents executed a search warrant at McKenzie’s residence and a forensic examination of his computer revealed that it contained at least 400 videos and 100 images depicting children being sexually abused, as well as evidence that McKenzie had downloaded child pornography over the Internet.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Lafayette, New York Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Donald J. Gardner, Jr., 42, of Lafayette, NY, pleaded guilty, before U.S. District Chief Judge Frank P. Geraci, Jr., to possession of child pornography. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Mary Catherine Baumgarten who is handling the case, stated that in late January, 2014 to early February, 2014, Gardner, pretending to be a 10 to 12 year old boy, used his Facebook account to solicit child pornography images from three ten year old girls in the Town of Niagara, New York. Knowing that the girls were 10 years old, Gardner directed them to create and send him child pornography images. One of the 10 year old girls did send Gardner child pornography images via Facebook. Gardner possessed the child pornography images from early February, 2014 through May 7, 2014.
The plea is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the Direction of Acting Special Agent in Charge Kevin P. Lyons and the Niagara County Sheriff’s Department, under the direction of Sheriff James R. Voutour.
Sentencing is scheduled for May 3, 2018, at 11:30 a.m. in Buffalo before Judge Geraci.
Kanawha County man pleads guilty to gun and drug chargesRead the Press Release
CHARLESTON, W.Va. – A Kanawha County man pled guilty today to federal gun and drug crimes, announced United States Attorney Mike Stuart. Fashawn Cannon, 27, of Hernshaw, entered his guilty plea to distribution of oxycodone and carrying a firearm during a drug trafficking crime. U.S. Attorney Stuart commended the investigative efforts of the U.S. Route 119 Drug and Violent Crime Task Force and the Kanawha County Sheriff’s Office.
“Violent drug dealers are going to have to learn that there’s a prison cell waiting for them if they push pain pills in our communities,” said U.S. Attorney Stuart. “My office’s aggressive prosecution of dangerous drug criminals will continue until we take back our streets from this epidemic.”
Cannon admitted that on November 17, 2017, he sold oxycodone at a residence on Carnation Lane in Hernshaw to a confidential informant working with law enforcement. Cannon further admitted that during the drug deal, he carried a Hi-Point, Model C9, 9mm pistol. That same day, officers seized the gun during a search, along with dealer quantities of heroin, fentanyl, and additional oxycodone.
Cannon faces at least five years and up to life in federal prison for the gun charge. He also faces up to 20 years in prison for the drug charge. The sentences will be served consecutively. Cannon is scheduled to be sentenced on May 16, 2018.
Assistant United States Attorney Matt Davis is responsible for 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 with existing local programs targeting gun crime. This case is also being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Justice Department Reaches Settlement with the City and County of Honolulu and All Island Automotive Towing for Illegally Auctioning Servicemembers’ CarsRead the Press Release
The Justice Department today announced it has reached an agreement with the City and County of Honolulu, Hawaii (Honolulu or the City) and its contracted towing company, All Island Automotive Towing (All Island Towing), to remedy alleged violations of the Servicemembers Civil Relief Act (SCRA). The Department’s lawsuit, filed Feb. 15, 2018, alleges that Honolulu and All Island Towing violated the SCRA by auctioning or otherwise disposing of cars owned by protected servicemembers without first obtaining the required court orders.
Under the agreement, Honolulu must adopt new SCRA-compliant procedures, compensate three servicemembers who complained to military legal assistance attorneys that the City had unlawfully auctioned off their cars while they were at sea aboard Navy ships, and establish a $150,000 settlement fund to compensate other servicemembers whose SCRA rights may have been violated.
The Department launched its investigation after receiving a referral from military legal assistance officer Geoffrey Irving, now a Captain in the United States Marines, alleging that Honolulu had auctioned a marine’s vehicle while he was deployed. Two Navy legal assistance attorneys, Ms. Sarah Courageous and Lieutenant Commander (LCDR) Lena Whitehead, also requested that the Department investigate Honolulu on behalf of servicemembers whose vehicles had been auctioned while they were deployed. For more than five years, Ms. Courageous and LCDR Whitehead sent letters to Honolulu’s Corporation Counsel explaining that auctioning active-duty servicemembers’ cars without court orders violated the SCRA, but Honolulu continued the practice.
Marine Staff Sergeant (SSgt.) Orrin Sanford’s car was auctioned while he was aboard a U.S. Navy ship en route to Camp Foster in Okinawa, Japan. The vehicle, which was towed from the street in front of his home, had decals in the front windshield that are distributed only to Department of Defense employees for base access. Honolulu mailed a notice to SSgt. Sanford’s base address that it had taken his car into custody, but by the time the notice reached the ship, the City had already auctioned off the car. SSgt. Sanford’s military legal assistance attorney notified Honolulu that it had violated the SCRA and requested reimbursement for the vehicle, but Honolulu refused. As a result of Honolulu’s actions, SSgt. Sanford has had to continue making payments on a car that he no longer owns.
Navy Chief Petty Officer (CPO) Timothy Hartzog was also aboard a U.S. Navy ship when he learned that his car had been towed by Pinky Tows, a subcontractor of All Island Towing. CPO Hartzog executed a Power of Attorney aboard the ship designating a fellow chief petty officer as his agent. Pinky Tows refused to release the vehicle to that officer or to allow him to retrieve valuable tools and personal items from the trunk. All Island Towing then disposed of the vehicle and its contents. In addition to losing valuable tools and irreplaceable personal items, CPO Hartzog had to continue making payments on a car he no longer owned.
Navy Petty Officer Second Class (PO2) Cheri Tarbet was at the end of a six month deployment to the South Pacific when her roommate told her that her car was no longer parked on the street in front of their home. When PO2 Tarbet returned to Honolulu the following month, she attempted to report the car as stolen and learned from the police department that the car had been auctioned by Honolulu. PO2 Tarbet never received a notice from Honolulu that it had taken her vehicle into custody. A military legal assistance officer sent a letter to Honolulu indicating that PO2 Tarbet was an active-duty servicemember and requested restitution, but Honolulu refused to provide any reimbursement.
The Department’s investigation revealed that between 2011 and 2016, Honolulu auctioned 1,440 cars registered to individuals who had identified themselves as servicemembers on City forms during the motor vehicle registration process. Honolulu’s new procedures will ensure that servicemembers receive notice that their car has been taken into custody by Honolulu, even if they are deployed off island, and requires the City to obtain a court order or a valid SCRA waiver prior to auctioning a car owned by an active-duty servicemember.
“The Justice Department is committed to working tirelessly to protect the rights of the servicemembers who make great personal sacrifices in service to our country,” said Acting Assistant Attorney General John Gore of the Civil Rights Division “We appreciate that Honolulu and All Island Towing have been working cooperatively with the Department to reach a settlement that compensates servicemembers who lost their cars and personal possessions and that provides ongoing protections for the thousands of servicemembers stationed in Honolulu.”
“My office will continue to work with the Civil Rights Division to ensure that servicemembers who dedicate their lives to preserving our security and freedom do not forfeit their rights in doing so,” said U.S. Attorney Kenji M. Price of the District of Hawaii.
The SCRA protects servicemembers from certain civil proceedings that could affect their legal rights while they are in military service. One of those protections is the requirement that a person holding a lien on the property or effects of an active-duty servicemember obtain a court order prior to enforcing the lien. By failing to secure court orders before auctioning or disposing of cars owned by protected servicemembers, Honolulu and All Island Towing prevented servicemembers from obtaining a court’s review of whether the auction should be delayed or adjusted to account for their military service.
The SCRA also provides protections for active duty servicemembers in areas such as evictions, rental agreements, security deposits, prepaid rent, civil judicial proceedings, installment contracts, credit card interest rates, mortgage interest rates, mortgage foreclosures, automobile leases, life insurance, health insurance and income tax payments. For more information about the Department’s SCRA enforcement, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their SCRA rights have been violated should contact their nearest Armed Forces Legal Assistance Program Office. Office locations may be found at legalassistance.law.af.mil/content/locator.php.
Justice Department Reaches Settlement with the City and County of Honolulu and All Island Automotive Towing for Illegally Auctioning Servicemembers’ CarsRead the Press Release
WASHINGTON – The Justice Department today announced it has reached an agreement with the City and County of Honolulu, Hawaii (Honolulu or the City) and its contracted towing company, All Island Automotive Towing (All Island Towing), to remedy alleged violations of the Servicemembers Civil Relief Act (SCRA). The Department’s lawsuit, filed Feb. 15, 2018, alleges that Honolulu and All Island Towing violated the SCRA by auctioning or otherwise disposing of cars owned by protected servicemembers without first obtaining the required court orders.
Under the agreement, Honolulu must adopt new SCRA-compliant procedures, compensate three servicemembers who complained to military legal assistance attorneys that the City had unlawfully auctioned off their cars while they were at sea aboard Navy ships, and establish a $150,000 settlement fund to compensate other servicemembers whose SCRA rights may have been violated.
The Department launched its investigation after receiving a referral from military legal assistance officer Geoffrey Irving, now a Captain in the United States Marines, alleging that Honolulu had auctioned a marine’s vehicle while he was deployed. Two Navy legal assistance attorneys, Ms. Sarah Courageous and Lieutenant Commander (LCDR) Lena Whitehead, also requested that the Department investigate Honolulu on behalf of servicemembers whose vehicles had been auctioned while they were deployed. For more than five years, Ms. Courageous and LCDR Whitehead sent letters to Honolulu’s Corporation Counsel explaining that auctioning active-duty servicemembers’ cars without court orders violated the SCRA, but Honolulu continued the practice.
Marine Staff Sergeant (SSgt.) Orrin Sanford’s car was auctioned while he was aboard a U.S. Navy ship en route to Camp Foster in Okinawa, Japan. The vehicle, which was towed from the street in front of his home, had decals in the front windshield that are distributed only to Department of Defense employees for base access. Honolulu mailed a notice to SSgt. Sanford’s base address that it had taken his car into custody, but by the time the notice reached the ship, the City had already auctioned off the car. SSgt. Sanford’s military legal assistance attorney notified Honolulu that it had violated the SCRA and requested reimbursement for the vehicle, but Honolulu refused. As a result of Honolulu’s actions, SSgt. Sanford has had to continue making payments on a car that he no longer owns.
Navy Chief Petty Officer (CPO) Timothy Hartzog was also aboard a U.S. Navy ship when he learned that his car had been towed by Pinky Tows, a subcontractor of All Island Towing. CPO Hartzog executed a Power of Attorney aboard the ship designating a fellow chief petty officer as his agent. Pinky Tows refused to release the vehicle to that officer or to allow him to retrieve valuable tools and personal items from the trunk. All Island Towing then disposed of the vehicle and its contents. In addition to losing valuable tools and irreplaceable personal items, CPO Hartzog had to continue making payments on a car he no longer owned.
Navy Petty Officer Second Class (PO2) Cheri Tarbet was at the end of a six month deployment to the South Pacific when her roommate told her that her car was no longer parked on the street in front of their home. When PO2 Tarbet returned to Honolulu the following month, she attempted to report the car as stolen and learned from the police department that the car had been auctioned by Honolulu. PO2 Tarbet never received a notice from Honolulu that it had taken her vehicle into custody. A military legal assistance officer sent a letter to Honolulu indicating that PO2 Tarbet was an active-duty servicemember and requested restitution, but Honolulu refused to provide any reimbursement.
The Department’s investigation revealed that between 2011 and 2016, Honolulu auctioned 1,440 cars registered to individuals who had identified themselves as servicemembers on City forms during the motor vehicle registration process. Honolulu’s new procedures will ensure that servicemembers receive notice that their car has been taken into custody by Honolulu, even if they are deployed off island, and requires the City to obtain a court order or a valid SCRA waiver prior to auctioning a car owned by an active-duty servicemember.
“The Justice Department is committed to working tirelessly to protect the rights of the servicemembers who make great personal sacrifices in service to our country,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “We appreciate that Honolulu and All Island Towing have been working cooperatively with the Department to reach a settlement that compensates servicemembers who lost their cars and personal possessions and that provides ongoing protections for the thousands of servicemembers stationed in Honolulu.”
“My office will continue to work with the Civil Rights Division to ensure that servicemembers who dedicate their lives to preserving our security and freedom do not forfeit their rights in doing so,” said U.S. Attorney Kenji M. Price of the District of Hawaii.
The SCRA protects servicemembers from certain civil proceedings that could affect their legal rights while they are in military service. One of those protections is the requirement that a person holding a lien on the property or effects of an active-duty servicemember obtain a court order prior to enforcing the lien. By failing to secure court orders before auctioning or disposing of cars owned by protected servicemembers, Honolulu and All Island Towing prevented servicemembers from obtaining a court’s review of whether the auction should be delayed or adjusted to account for their military service.
The SCRA also provides protections for active duty servicemembers in areas such as evictions, rental agreements, security deposits, prepaid rent, civil judicial proceedings, installment contracts, credit card interest rates, mortgage interest rates, mortgage foreclosures, automobile leases, life insurance, health insurance and income tax payments. For more information about the Department’s SCRA enforcement, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their SCRA rights have been violated should contact their nearest Armed Forces Legal Assistance Program Office. Office locations may be found at legalassistance.law.af.mil/content/locator.php.
Judge Sentences Penn Hills Man to 11 Years in Prison for Stealing Delivery Truck and Attempted Robbery of Delivery VanRead the Press Release
PITTSBURGH - An Allegheny County resident has been sentenced in federal court to 11 years imprisonment, five years supervised release, and ordered to pay restitution in the amount of $15,030, on his convictions for attempted robbery and theft from interstate shipment, United States Attorney Scott W. Brady announced today.
United States District Judge Mark R. Hornak imposed the sentence on Anthony Bailey, 39, of Penn Hills, Pennsylvania.
According to information presented to the court, on April 13, 2016, Bailey stole a Sears delivery truck which was parked at a convenience store in Lawrenceville. The truck contained $15,030 worth of washers, dryers, refrigerators and other appliances, which he later sold in Homewood.
Two weeks later, on April 27, 2016, Bailey and his codefendants, Raymond Denson and David Lipinski, attempted to rob a van making a delivery of pharmaceutical drugs to the Giant Eagle in Northtowne Center in Gibsonia. Lipinski brandished a firearm while he and Bailey tried unsuccessfully to force the driver back into the van. Bailey and the others then aborted the robbery attempt. Bailey has previous felony convictions from California for robbery and firearms offenses.
Assistant United States Attorney Stephen R. Kaufman prosecuted this case on behalf of the government.
United States Attorney Brady commended the Bureau of Alcohol, Firearms, Tobacco ahd Explosives and the Northern Regional Police Department for the investigation leading to the conviction of Bailey. The case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in a America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. The efforts of PSN led to the successful prosecution of Bailey.
Houma Man Sentenced for Drug ConspiracyRead the Press Release
U.S. Attorney Duane A. Evans announced that BLAIR ANDERSON, age 42, a resident of Houma, Louisiana, was sentenced today after previously pleading guilty to one count of conspiracy to distribute and possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846.
U.S. District Judge Ivan L.R. Lemelle sentenced ANDERSON to a term of imprisonment of 70 months, four years of supervised release, and a $100 mandatory special assessment.
According to court documents, ANDERSON conspired with others to distribute or possess with intent to distribute between 50 and 200 grams of a mixture or substance containing a detectable amount of methamphetamine.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration, the Louisiana State Police, and the Terrebonne Parish Sheriff’s Office in investigating this matter. Assistant United States Attorneys James S.C. Baehr and J. Ryan McLaren were in charge of the prosecution.
Holmes County Man Who Stole Guns from Firearms Dealer Pleads Guilty to Illegally Possessing A FirearmRead the Press Release
Jackson, Miss. – Corey Hughes, 36, of Holmes County, pled guilty on Tuesday, February 13, 2018, before U.S. District Judge Carlton Reeves, to being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Around 2:30 a.m. on July 28, 2014, Corey Hughes and co-defendant Estelle Cook tore a hole in the side of Central Mississippi Firearms, a gun store in Kosciusko, Mississippi, and stole 41 guns. Hughes, Cook, co-defendant Darnell Branch, and others sold at least a dozen of the stolen firearms in Durant and Lexington, Mississippi. Hughes sold at least one of the stolen guns to Jermaine Griffin for $100.
On October 3, 2017, a federal grand jury indicted Corey Hughes, Estelle Cook, Darnell Branch, and Frederick Russell for their unlawful conspiracy to possess and sell stolen firearms. That same day, a federal grand jury indicted Jermaine Griffin for receiving and possessing a stolen firearm.
At his hearing today, Hughes became the fourth defendant to plead guilty.
On January 10, 2018, co-defendant Frederick Russell pled guilty to conspiracy to possess and sell stolen firearms. He will be sentenced in Jackson by Judge Carlton Reeves on March 29, 2018. He faces a maximum penalty of 5 years in prison and a $250,000 fine.
On January 18, 2018, Jermaine Griffin pled guilty to possession of a stolen firearm. He will be sentenced in Jackson by Judge Tom S. Lee on April 19, 2018. Griffin faces a maximum penalty of 10 years in prison and a $250,000 fine.
Last week, co-defendant Estelle Cook pled guilty to being a felon in possession of a firearm. He will be sentenced in Jackson by Judge Carlton Reeves on May 15, 2018. He faces a maximum penalty of 10 years in prison and a $250,000 fine.
Hughes will be sentenced in Jackson by Judge Carlton Reeves on June 11, 2018. He faces a maximum penalty of 10 years in prison and a $250,000 fine.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorney Jennifer Case.
Hammonton Man Pleads Guilty to Conspiracy to Distribute Crystal MethamphetamineRead the Press Release
CAMDEN, N.J. - A Hammonton, N.J., man admitted today to engaging in a conspiracy to distribute 50 grams or more of crystal methamphetamine to customers in the Hammonton area of Atlantic County, New Jersey.
Ignacio Cuesta, 41, of Atlantic City, N.J., pleaded guilty before U.S. District Judge Noel Hillman in Camden federal court to an Information charging him with one count of conspiracy to distribute and to possess with intent to distribute 50 grams or more of methamphetamine.
Cuesta was arrested on June 24, 2016, in Hammonton, New Jersey after agreeing to sell two pounds of crystal methamphetamine to an undercover narcotics detective. The two pounds of crystal methamphetamine were seized from Cuesta’s Ford Expedition, along with approximately $9,000 in cash. Several additional pounds of crystal methamphetamine possessed by Cuesta were found hidden in vehicles and buried in a bucket in the ground in a parking lot for a local business in Hammonton. Law enforcement officers also recovered additional cash inside the trunk of a vehicle owned and used by Cuesta, which was parked in the same parking lot in Hammonton. The total seized from Cuesta and this property was over $100,000. As part of the plea agreement, Cuesta agreed to forfeit all of the cash and two vehicles that were seized on the day of the arrest.
The drug conspiracy charge carries a minimum penalty of 10 years in prison, a maximum penalty of life imprisonment, and a maximum potential fine of up to $10,000,000. Sentencing is scheduled for May 18, 2018.
U.S. Attorney Carpenito credited special agents with the Drug Enforcement Agency, under the direction of Special Agent in Charge Valerie A. Nickerson in Newark, with the investigation. He also thanked the Camden County Prosecutor’s Office, under the direction of Prosecutor Mary Eva Colalillo, for its assistance.
The government is represented by Assistant U.S. Attorney Patrick C. Askin of the U.S. Attorney’s Office’s Criminal Division in Camden.
Defense counsel: Patrick Duffy, Esquire
Hammond Woman Sentenced to 70 Months ImprisonmentRead the Press Release
HAMMOND - Alexis T. Young, age 35, of Hammond, Indiana was sentenced before U.S. District Court Judge Joseph S. Van Bokkelen for conspiracy to commit identity theft and aggravated identity theft, announced United States Attorney Thomas L. Kirsch II.
Young was sentenced to 70 months imprisonment, 2 years supervised release, and ordered to pay over $64,000 in restitution to various financial institutions and retailers.
According to documents in this case, Alexis T. Young pled guilty to Count 1 of the Indictment that charged her with conspiracy to commit identity theft. Later, a jury found Young guilty on the remaining three (3) counts of aggravated identity theft. The fraud scheme involved the theft of medical forms, photostatic copies of driver’s licenses and state identification cards, Medicare cards, and other documents from a medical facility located in Illinois. The documents contained the names, dates of birth, social security numbers, checking accounts, credit card accounts, and Medicare card numbers of the victims including children. The fraud scheme involved opening fraudulent credit card, bank, and retail accounts on-line as well as utilities in the names of the victims. As part of the scheme, Young added herself as an authorized user on existing accounts of the victims. Young opened the accounts without the knowledge, authority, or permission of the victims.
The case was the result of an investigation by the U.S. Postal Inspection Service. This case was prosecuted by Assistant United States Attorney Toi Denise Houston.
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Grand Jury Returns Indictment Against Former Executive Director of the Calhoun Conservation DistrictRead the Press Release
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that Tracy Lynn Bronson, a resident of Marshall, Michigan, has been indicted by a grand jury and charged with five counts of theft concerning programs receiving federal funds.
The indictment alleges that Bronson, who was the Executive Director of the Calhoun Conservation District, embezzled more than $5,000 each year between 2014 and 2017 from that organization. The indictment states that in calendar years 2014, 2016, and 2017, the Calhoun Conservation District received benefits in excess of $10,000 from a federal program from the U.S. Environmental Protection Agency and/or the U.S. Fish & Wildlife Service. The indictment further alleges that, in each of those years, and during certain periods in 2015, Bronson issued a series of unauthorized checks to herself that were drawn on the Calhoun Conservation District’s credit union account. In total, Bronson allegedly withdrew, and attempted to withdraw, more than $500,000 between January 2014 and August 2017.
If convicted, Bronson faces up to 10 years in federal prison and a fine of $250,000 on each count.
This matter was investigated by the U.S. Environmental Protection Agency, Office of Inspector General; the U.S. Department of the Interior, Office of Inspector General; and the Michigan State Police. The case is being prosecuted by Assistant U.S. Attorney Christopher O’Connor.
The charges in an Indictment are merely accusations, and the defendant is presumed innocent until proven guilty in court.
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Grand Island Man Sentenced for Drug and Money Laundering ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Eric Marshall, 42, of Grand Island, NY, who was convicted of conspiracy to distribute 5 kilograms or more of cocaine and money laundering, was sentenced to 65 months imprisonment by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between 2007 and 2009, Eric Marshall supplied kilogram quantities of cocaine to Glance Ross and others, who were distributing cocaine, in the City of Buffalo. During that time, Marshall stored the cocaine in suitcases at a home in Buffalo, New York. In order to disguise his narcotics proceeds, Marshall gave some proceeds to Montique Shelton and had Shelton purchase defendant a home at 341 Hinman Avenue, in Buffalo, New York. As part of his sentencing, the defendant forfeited 341 Hinman Avenue, other property located in Buffalo, a Toyota Avalon, and a BMW.
The sentencing is a result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Kevin P. Lyons, and the New York State Police, under the direction of Major Edward Kennedy.
Gettysburg Man Charged with Robbing PharmacyRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Zachary Edward Kuhn, age 26, of Gettysburg, Pennsylvania, was charged in a criminal information on February 6, 2018, with the robbery of a pharmacy.
According to United States Attorney David J. Freed, the criminal information alleges that on June 20, 2016, the defendant attempted to rob a pharmacy located in Waynesboro, Pennsylvania.
The federal investigation was conducted by the Waynesboro Police Department and the Drug Enforcement Administration. Assistant United States Attorney Joseph J. Terz is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 25 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Founder, Former Employee of the Now Defunct Bluegrass Training and Therapy Center, and Former State of Kentucky Employee Face Multiple Charges Including Wire Fraud and BriberyRead the Press Release
Schemed to defraud the Kentucky Department of Juvenile Justice and the federal government,
allegedly falsified attendance records and submitted over $400,000 in false claims for payment
LOUISVILLE, Ky. – United States Attorney Russell M. Coleman announced the Grand Jury Indictment, unsealed today, charging the founder and former employee of Bluegrass Training and Therapy Center, with devising a scheme to defraud the Kentucky Department of Juvenile Justice and the federal government, and associated bribery charges.
According to the indictment, beginning no later than 2012 and continuing to September of 2015, Clifford Frank Wilkinson, a/k/a Jay Wilkinson, 61, of Louisville, and Erica Beth Bowen, 39, of Louisville, devised a scheme to defraud the Kentucky Department of Juvenile Justice and the federal government to obtain money and property by means of materially false and fraudulent pretenses.
Wilkinson, who was a founder, board member, and President of Bluegrass Training and Therapy Center (BTTC), and Bowen, who was an original employee of BTTC and held many positions including Program Director and secretary, falsified attendance records by inflating the number of daily participants submitted for payment to the Department of Juvenile Justice (DJJ). This was achieved by forging the signatures of youths in the program on monthly sign-in sheets and instructing youths to falsely sign in as present at BTTC programs, when in fact they were not in attendance. The investigation uncovered over 8,000 instances when youth were not actually in attendance in programs at BTTC. In addition, BTTC by way of the scheme, fraudulently obtained over $400,000 in payments on the contracts for youth that did not attend programs at BTTC.
Further, Bowen diverted some of the funds paid from DJJ to BTTC, into personal bank accounts, and converted some of the funds to cash, for personal use by her and Wilkinson and concealed this diversion of funds through false and misleading entries in BTTC’s business and accounting records.
Defendants Wilkinson, Bowen and Shannon L. Anson, 51, of Louisville, are charged with one count each of bribery concerning programs receiving federal funds. Wilkinson and Bowen are charged with knowingly and corruptly paying co-defendant Anson, a Social Service Specialist with DJJ, payments totaling approximately $50,500 in order to influence and reward Anson with business contracts that BTTC has with DJJ. Anson is charged with corruptly agreeing to accept those payments during the same time period in order to be influenced and rewarded. The alleged criminal activity took place between from about August of 2013, and continued until July of 2015.
Bluegrass Training and Therapy Center, Inc. was a non-profit corporation organized under Section 501(c)(3) of the Internal Revenue Code, located on approximately twenty acres at 10214 Plaudit Way in Louisville, that operated as an “equine employment training center,” offering equine therapy, employment training, and transitional housing to assist committed youth to re-enter their community. BTTC was awarded grant funds from the U.S. Department of Justice Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, which were awarded to and dispersed from the DJJ. DJJ is one of five state departments under the Kentucky Justice and Public Safety Cabinet responsible for providing prevention programs for at-risk youth; residential placement/treatment services; and community aftercare and reintegration programs.
If convicted at trial, defendants Wilkerson and Bowen could be sentenced to no more than 20 years in prison, fined, and serve a period of supervised release. Defendant Anson could be sentenced to no more than ten years, fined, and serve a period of supervised release. All are subject to the payment of restitution. All defendants are scheduled for initial appearances, in Louisville, before Magistrate Judge Dave Whalin, on February 22, 2018, at 9:30 AM.
This case is being prosecuted by Assistant United States Attorneys for the Western District of Kentucky Stephanie Zimdahl and Marisa Ford. The investigation is being led by the U.S. Department of Justice Office of the Inspector General (DOJ-OIG), the Kentucky Office of the Attorney General, and the Kentucky Justice and Public Safety Cabinet.
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The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.
Fort Berthold Man Sentenced on Arson ChargeRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on February 15, 2018, Chief United States District Judge Daniel L. Hovland sentenced Charles Valarian Smith, Sr., 24, of New Town, ND, on a charge of arson. Chief Judge Hovland sentenced Smith to serve three years and eight months in prison, to be followed by three years supervised release.
During the early morning hours of June 25, 2017, Smith, Sr., set fire to a New Town, ND, residence using gasoline. Located within the residence at the time of the fire were several individuals, including children. An individual passing by the location noticed flames coming from the residence and was able to extinguish the blaze with a fire extinguisher. There were no injuries sustained by anyone as a result of the fire, however the residence was damaged.
Smith, Sr., informed law enforcement that he and the owner of the residence had gotten into a physical altercation the day prior to the fire and that, while intoxicated and agitated from the altercation, Smith, Sr., had set fire to some garbage located near the side of the residence.
This case was investigated by the Three Affiliated Tribes Police Department.
Assistant United States Attorney Jonathan O’Konek prosecuted the case.
Former Treasurer of Labor Union Sentenced for EmbezzlementRead the Press Release
NORFOLK, Va. – A Portsmouth woman was sentenced today to 14 months in prison for an embezzlement scheme that nearly wiped out an account used to assist sick or distressed members of a local labor union.
According to court documents, Tamika Bullock, 39, was appointed in September 2015 to serve as the Secretary-Treasurer of International Brotherhood of Boilermakers Local 684. The union maintains a “sick and distressed” account, which is funded entirely by voluntary contributions and is solely used to assist union members who are sick or otherwise out of work. Between January 2016 and October 2016, Bullock embezzled $24,600 from the union, with over $21,400 being stolen from the “sick and distressed” account. As Secretary-Treasurer, Bullock provided financial reports at the monthly meeting of the union membership and made false statements about the balance in the account in order to conceal her embezzlement, reporting balances up to $15,000 higher than the actual balance. She used the $24,600 she embezzled for her own personal benefit, including paying for a cruise.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Mark Wheeler, District Director of the Washington District Office of the U.S. Department of Labor, Office of Labor-Management Standards, made the announcement after sentencing by Chief U.S. District Judge Rebecca Beach Smith. Assistant U.S. Attorney Alan M. Salsbury prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:17-cr-97.
Former State Legislator Sentenced for Mail FraudRead the Press Release
Montgomery, Ala. – On Thursday, February 15, 2018, former State Representative Micky Ray Hammon, 60, of Decatur, Alabama, received a sentence of three months’ imprisonment for committing mail fraud, announced United States Attorney Louis V. Franklin, Sr. Hammon served in the Alabama House of Representatives from 2003 until 2017, when he entered his guilty plea. During his service, Hammon represented the fourth district. From 2010 to 2017, Hammon served as the chamber’s majority leader. Hammon will be subject to three years of supervised release upon completion of his prison sentence.
According to court documents, Hammon used money donated to his 2014 reelection campaign to pay personal expenses. This is a violation of Alabama law, which strictly limits the ways that donated money can be used. Hammon used the United States Postal Service to commit his offense when he received campaign donation checks through the mail. All of the donors reasonably expected that the campaign would use money for legal purposes.
“The victims of Hammon’s offense were not only the donors to his campaign, but all Alabama voters,” stated United States Attorney Franklin. “All voters trust that elected officials will serve honorably, not line their own pockets. Hammon violated that trust. I would like to thank the United States Postal Inspection Service for the excellent work that led to this prosecution. My office will continue to hold our elected officials accountable.”
“This sentencing sends out the clear message that nobody is above the law when it comes to the sanctity of the U.S. Mail,” said U.S. Postal Inspector in Charge Adrian Gonzalez, Houston Division. “Postal Inspectors steadfastly work to defend the nation’s mail system from fraud in hopes of bringing anyone to justice that uses the U.S. Postal Service in violating the trust of the American public.”
The United States Postal Inspection Service investigated the case. Assistant United States Attorney Jonathan S. Ross prosecuted the case.
Former Social Security Administration Employee Pleads Guitly to Theft of Government MoneyRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Vasty Araceli Jimenez (32, Ellenton) has pleaded guilty to theft of government money. She faces a maximum penalty of 10 years in federal prison. The sentencing hearing is scheduled for April 19, 2018.
According to the plea agreement, between 2011 and 2014, Jimenez applied for child care subsidies for her children through the Early Learning Coalition of Manatee County (“ELC”). The funding for these subsidies was administered by the Office of Early Learning (“OEL”), a component of the Florida Department of Education that administered federal and state child care funds, including federal Child Care and Development Fund dollars, for the state of Florida. OEL funded various local early learning coalitions to assist families who qualified for subsidized daycare services. The subsidies were paid directly to the daycare providers.
During the relevant time period, Jimenez provided the ELC with pay stubs purportedly from her employer, the Social Security Administration. Jimenez, however, had altered the pay stubs to make it appear that her gross pay was less than it actually was. Based on these falsified pay stubs, the ELC determined that she qualified for child care subsidies. In addition, in her applications and re-certification paperwork, she failed to disclose that she was married and that her husband was part of her household, which would have affected the family’s eligibility for child care. Likewise, Jimenez failed to disclose any of her husband’s income in her ELC paperwork. These omissions resulted in Jimenez receiving child care subsidies to which she would not have otherwise been entitled. In total, Jimenez received approximately $48,895. She resigned from her position with the Social Security Administration prior to pleading guilty.
This case was investigated by the United States Social Security Administration’s Office of the Inspector General, the Florida Department of Financial Services, Division of Public Assistance Fraud, and the United States Department of Health and Human Services, Office of Inspector General. It is being prosecuted by Assistant United States Attorney Patrick Scruggs.
Former Sheriff's Deputy Sentenced to over 12 Years in Federal Prison for Receiving Child PornographyRead the Press Release
El Dorado, Arkansas – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Justin Grant Crain, age 38, of El Dorado, Arkansas was sentenced today to 148 months in federal prison followed by five years of supervised release on one count of knowing receipt of child pornography. The Honorable Susan O. Hickey presided over the sentencing hearing in the United States District Court in El Dorado.
According to court records, in April of 2016, the National Center for Missing and Exploited Children forwarded information to the Arkansas State Police that images of child pornography were uploaded to cloud storage associated with a specific phone number. A resulting investigation by the Arkansas State Police and the Department of Homeland Security revealed that the images were uploaded by Crain. Crain was identified as a Union County Sheriff’s Deputy and former El Dorado Police Officer. The Arkansas State Police obtained and executed a federal search warrant on Crain’s cell phone while he was at work and found that he possessed over fifty images of child pornography. Crain was arrested on a federal criminal complaint obtained on June 3, 2016 for Accessing the Internet with the Intent to View Child Pornography and Receipt of Child Pornography. Crain was terminated as an employee of the Union County Sheriff’s Office.
A subsequent federal search warrant executed by the Arkansas State Police and the United States Secret Service on Crain’s electronic devices found that Crain possessed approximately 850 additional images of child pornography at his home. Crain was indicted by a federal grand jury sitting in the Western District of Arkansas in June of 2016 on federal charges and later pleaded guilty to the knowing receipt of child pornography in March of 2017.
This case was investigated by the National Center for Missing and Exploited Children, the Arkansas State Police Cybercrimes Unit, the Department of Homeland Security, the United States Secret Service, the Union County Sheriff’s Office, and the Arkansas Internet Crimes Against Children Taskforce. Assistant United States Benjamin Wulff prosecuted the case for the United States.
Former Navy SEAL Sentenced for Sexual Exploitation of a ChildRead the Press Release
NORFOLK, Va. – A former U.S. Navy SEAL was sentenced today to 27 years in prison, 25 years of supervised release, and fined $10,000 for producing images of child sexual abuse.
According to the statement of facts filed with the plea agreement, the investigation into Gregory Kyle Seerden, 32, began after a woman reported to base security at Joint Expeditionary Base Little Creek-Fort Story in Virginia Beach that Seerden sexually assaulted her. After NCIS agents seized and searched Seerden’s iPhone, a digital forensic examiner discovered several images of child pornography. Further analysis confirmed 78 images and four videos of child pornography. Agents later learned that Seerden took the videos with his iPhone, and that the minor victim was a five year-old child known to Seerden. The videos graphically depict Seerden sexually abusing the child while the child sleeps.
“Gregory Seerden victimized a child and used mobile technology to memorialize sexually explicit videos,” said Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia. “As this prosecution makes clear, the United States will seek to hold accountable anyone who sexually exploits our most vulnerable citizens.”
Seerden is also charged in San Diego for conduct stemming from the summer of 2014. That case is a reopening of a 2014 NCIS investigation that did not result in prosecution at the time. As described in court documents, the allegations in that case involve another minor known to Seerden, and the recording of sexual abuse involving the child on an iPhone, and are thus strikingly similar to the acts Seerden pleaded guilty to here.
“Instead of being a protector, Seerden was a predator who attacked a sleeping five year old child,” said Cliff Everton, Special Agent in Charge of the NCIS Norfolk Field Office. “He is the antithesis of every value the military services hold dear.”
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Cliff Everton, Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Special Assistant U.S. Attorney David A. Layne, and Assistant U.S. Attorney Elizabeth M. Yusi prosecuted the case.
This case is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc and click on the tab “resources” for more information about Internet safety education.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:17-cr-67.
Former Law Firm Office Manager Charged with Defrauding Law Firm of over $400,000 and Filing False Tax ReturnsRead the Press Release
Memphis, TN – A federal grand jury has returned a superseding indictment against Misty West, 40, of Olive Branch, Mississippi. D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee, announced the superseding indictment today.
The superseding indictment alleges four counts of wire fraud, one count of interstate transportation of monies stolen or taken by fraud, and three counts of filing false tax returns.
The grand jury originally returned an indictment against West last May. The original indictment charged West with wire fraud and interstate transportation of monies stolen or taken by fraud. The superseding indictment returned Tuesday, February 13, 2018, also alleges that West filed false tax returns for calendar years 2013-2015.
According to the superseding indictment, West was employed as the office manager, bookkeeper and paralegal at the Fowler Law Firm, located on Dr. Martin Luther King Jr., Avenue in Memphis. The superseding indictment alleges that between August 2011 and July 2016, West engaged in a scheme to defraud the law firm and its owner, Charles Wesley Fowler, of more than $400,000.
According to the superseding indictment, West used the internet to pay her personal cell phone bill from the firm’s account, and also to make a payment to the IRS on a personal tax debt.
The superseding indictment alleges that in other instances, Fowler gave West checks signed in blank to pay the firm bills. West completed the payee information and the amounts. The superseding indictment alleges that West routinely made some the checks payable to herself and deposited them to one of her bank accounts and thereafter withdrew funds.
Former ICE Chief Counsel Pleads Guilty to Using the Identities of Numerous Aliens for Wire Fraud and Aggravated Identity Theft SchemeRead the Press Release
Former Chief Counsel Raphael A. Sanchez of U.S. Immigration and Customs Enforcement’s (ICE) Office of Principal Legal Advisor pleaded guilty today for a wire fraud and aggravated identity theft scheme involving the identities of numerous aliens, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and ICE Deputy Director Thomas D. Homan.
Sanchez, 44, of Seattle, Washington, will be sentenced on May 11, before U.S. District Judge Robert S. Lansik of the Western District of Washington.
“It is the duty of our federal immigration authorities to ensure the honest enforcement of our nation’s immigration laws,” said Acting Assistant Attorney General Cronan. “Raphael Sanchez betrayed that solemn responsibility and abused his official position to prey upon aliens for his own personal gain. We should not let one bad actor detract from the dedicated work done by all ICE agents and attorneys to keep our neighborhoods safe, and ICE should be commended for quickly and fully investigating this matter and referring it to the Justice Department for prosecution.”
“At the top of ICE’s core values is integrity, with an expectation that our employees adhere to the highest standards of honesty and professional conduct,” said Deputy Director Homan. “While I am appalled by these egregious, independent acts of criminal misconduct by Mr. Sanchez, I am grateful to the men and women of ICE who do their job with the utmost professionalism every day, including those in the Seattle Office of Chief Counsel, who I’m confident will continue to accomplish their mission with integrity and dedication, and our agents in the ICE Office of Professional Responsibility, who investigated this case and presented it for successful prosecution.”
According to admissions in the plea agreement, from October 2013 through Oct. 25, 2017, Sanchez, who had responsibility over immigration removal proceedings in Alaska, Idaho, Oregon and Washington, intentionally devised a scheme to defraud seven aliens in various stages of immigration removal proceedings. For his own personal gain, Sanchez used the personally identifiable information of those aliens to open lines of credit and personal loans in their names, manipulated their credit bureau files and transferred funds to and purchased goods for himself using credit cards issued in their names.
Sanchez admitted that he obtained personally identifiable information of the victim aliens by using ICE’s official computer database systems and by accessing their official, hard-copy immigration A-files, and then forged identification documents on his work computer, such as social security cards and Washington State driver’s licenses, in the victims’ names. Sanchez used the forged documents to open credit card and bank accounts in the names of aliens, which he controlled.
In furtherance of the scheme, Sanchez listed his home address as the aliens’ residences on account paperwork; in some cases, created public utility account statements in their names to provide the necessary proof of residence in order to open lines of credit in their names or to conceal the scheme; and opened e-mail and online financial accounts in the names of several aliens. Sanchez also manufactured a false earnings and leave statement in the name of one alien in furtherance of the scheme and registered a car in her name.
Sanchez further admitted that once the accounts were approved and opened, he made charges or drew payments totaling more than $190,000 in the names of aliens to himself or entities that he controlled, often using PayPal and mobile point of sale devices from Amazon, Square, Venmo and Coin to process fraudulent Internet transactions. In a number of cases, Sanchez purchased goods online in the names of aliens and had them shipped to his residence. Sanchez also employed credit monitoring services on some of these aliens and corresponded with credit bureaus in the names of aliens to conceal his fraud scheme. Finally, as part of the scheme to defraud, Sanchez also claimed three aliens as relative dependents on his tax returns for 2014 through 2016.
ICE’s Office of Professional Responsibility, the FBI and the U.S. Postal Inspection Service investigated the case. Trial Attorneys Luke Cass and Jessica C. Harvey of the Criminal Division’s Public Integrity Section are prosecuting the case.
Former Federal Correctional Officer Sentenced to 24 Months in Prison for Taking BribesRead the Press Release
Ocala, Florida – Senior United States District Judge James D. Whittemore today sentenced Albert Larry Harris, Jr. (27, Lake County) to 24 months in federal prison for accepting a bribe as a public official. He pleaded guilty on November 15, 2017.
According to the plea agreement, Harris worked as a Correctional Officer at the Coleman Federal Correctional Complex. In June 2017, he began providing inmates at the prison with contraband (drugs and tobacco products) in exchange for large cash payments. On August 22, 2017, Harris met with an undercover agent in Ocala and accepted a $5,000 bribe and 200 Suboxone strips for delivery to a federal inmate. Following the exchange, Harris was arrested.
This case was investigated by the Department of Justice, Office of the Inspector General (DOJ OIG), and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Former City of Hampton Employee Pleads Guilty to Child PornographyRead the Press Release
NEWPORT NEWS, Va. – A former City of Hampton employee pleaded guilty today to distribution of child pornography.
According to court documents, Robert Dobbins, 36, of Hampton, law enforcement received information from a foreign law enforcement agency regarding the user “DEATHLYROSE55” on Website A. In September, the user responded to a foreign law enforcement officer working in an undercover capacity and indicated that he had committed a hands on offense against a child. He also sent the investigator a mega link, which contained child pornography. Law enforcement linked the email address to a residence in Hampton, and determined that Dobbins was previously convicted of receipt and possession of child pornography in January 2005, while he was employed by the U.S. Navy.
During the execution of a federal search warrant, Dobbins, who at the time was a city of Hampton employee, acknowledged accessing child pornography from his city-issued Samsung smartphone using the internet. Dobbins admitted to agents that he cut and pasted photographs from Facebook of his friends’ daughters and re-posted them on his Website A account, “DEATHLYROSE55.” Dobbins also stated that he “traded” links to child pornography images and videos with other individuals who he met online utilizing Website A.
Dobbins pleaded guilty to distribution of child pornography and faces a mandatory minimum of five years in prison and a maximum penalty of 20 years in prison when sentenced on June 7. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dobbins in prison if convicted. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, made the announcement after the guilty plea was accepted by U.S. District Magistrate Judge Douglas E. Miller. Assistant U.S. Attorney Megan M. Cowles is prosecuting the case.
This case is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc and click on the tab “resources” for more information about Internet safety education.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:17-cr-129.
Former Church Pastor Indicted for Theft of over $200,000 in Social Security FundsRead the Press Release
United States Attorney Duane A. Evans announced that OTHO SCHILLING (“SCHILLING”), age 58, of Mt. Hermon, Louisiana, was indicted today by a federal grand jury for Theft of Government Funds, in violation of 18 U.S.C. § 641.
According to the indictment, SCHILLING, while the pastor of a church in Bush, LA between 2005-2016, required the church to pay his personal expenses, such as his health and car insurance premiums, car payments, and personal land note in lieu of the church paying him a salary directly. During this period, SCHILLING was receiving Retirement, Survivors and Disability Insurance (“RSDI”) from the Social Security Administration in the amount of $1,728 a month. SCHILLING concealed both his earnings and employment from the Social Security Administration. Accordingly, SCHILLING fraudulently received over $200,000.00 in RSDI benefits he was not entitled to due to his employment with the church.
U. S. Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted, SCHILLING faces a maximum penalty of ten (10) years imprisonment, followed by up to three (3) years of supervised release, a fine of up to $250,000.00, and a mandatory $100 special assessment.
U.S. Attorney Evans praised the work of the Social Security Administration, Office of Inspector General. The prosecution of this case is being handled by Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba.
Folsom Man Pleads Guilty to Investment Fraud SchemeRead the Press Release
SACRAMENTO, Calif. —Jason E. Mininger, 50, of Folsom, pleaded guilty today to wire fraud and money laundering, United States Attorney McGregor W. Scott announced.
According to court documents, Mininger was an investment broker and advisor in Folsom. Beginning in January 2014, and continuing until May 2017, Mininger misrepresented to his clients that he needed to use their previously invested funds as part of a new series of investments to be made or managed by Mininger. In truth, Mininger, after depositing the clients’ funds into his own bank account, used the investors’ money on his personal expenses. Mininger caused at least $870,000 in losses to his clients. Mininger also created false investment account statements to conceal his embezzlement of his clients’ funds.
This case was the product of an investigation by the Federal Bureau of Investigation and Internal Revenue Services-Criminal Investigations. Assistant United States Attorney Todd A. Pickles is prosecuting the case.
Mininger is scheduled to be sentenced by Judge Troy L. Nunley on May 31, 2018. Mininger faces a maximum statutory penalty of 20 years in prison on the wire fraud count and 10 years in prison on the money laundering charge. He also faces a fine or $250,000 or twice the gross loss or gross gain. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Florida felon pleads guilty to federal gun crimeRead the Press Release
CHARLESTON, W.Va. – A Florida man pled guilty today to a federal gun charge, announced United States Attorney Mike Stuart. Derrick Shane McCullough, 27, of Keystone Heights, entered his guilty plea to being a felon in possession of a firearm. U.S. Attorney Stuart commended the investigative efforts of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“As a staunch supporter of the Second Amendment, I take the prosecution of criminals who violate the gun laws that protect that right extremely seriously,” said U.S. Attorney Stuart. “Dangerous felons who disregard our gun laws put our communities at risk, and we will continue working with law enforcement to keep guns out of the hands of criminals.”
On July 16, 2016, officers with the Charleston Police Department stopped a vehicle on Chandler Drive in Charleston for a seatbelt violation. When one of the officers asked if there was anything illegal in the car, McCullough, a passenger, told the officer that there was a gun under his seat. Officers subsequently seized a short-barreled shotgun that McCullough admitted he had brought into the vehicle with him. McCullough was prohibited from possessing any firearm under federal law because of felony convictions in Florida in 2014 for burglary of a dwelling and grand theft.
McCullough faces up to 10 years in federal prison when he is sentenced on May 10, 2018.
Assistant United States Attorney Gabriele Wohl is in charge of the prosecution. United States District Judge Joseph R. Goodwin presided over the plea hearing.
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 with existing local programs targeting gun crime.
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Federal Search Warrants ExecutedRead the Press Release
On Wednesday, February 14, 2018, federal search warrants were executed at the following locations in Iowa and Oklahoma:
• 4600 block of Hubbell Avenue, Des Moines
• 1800 block of Dean Avenue, Des Moines
• 3100 block of East Tiffin Avenue, Des Moines
• 300 block of North Street, Promise City
• 1000 block of 69th Street, Windsor Heights
• 200 block of East Morton Street, Lucas
• 400 block of North 1st Street, Carlisle
• 18000 block of Oregon Street, Milo
• 1300 block of Andover Court, Oklahoma City, OklahomaThe searches at these locations were an official law enforcement action involving officers, agents, and investigators from the Des Moines Police Department (DMPD); Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); Iowa Division of Narcotics Enforcement (DNE); Iowa State Patrol (ISP); Mid-Iowa Narcotics Enforcement Task Force – East (MINE – East); Central Iowa Drug Task Force (CIDTF); South Central Iowa Drug Task Force (SCIDTF); Wayne County Sheriff’s Office; and Lucas County Sheriff’s Office.
The following individuals were charged with possession with the intent to distribute methamphetamine:
• Terry Carl Sapp, 55, Des Moines
• Jennifer Michelle Jesse, 39, Des Moines
• Nicholas Allen George, 44, Des Moines
• Timothy Charles McClain, 58, Promise City
• Jeffrey Chaffee, 54, Carlisle
• Samuel Ivan Lamb, 57, LucasNo other information or comments will be released until documents have been filed with the court as part of the public record.
Federal Jury Returns Guilty Verdicts for Former Pilot Flying J President, Vice President, and Customer Account RepresentativeRead the Press Release
CHATTANOOGA, Tenn. – On February 15, 2018, following a multi-month trial in U.S. District Court, Chattanooga, before the Honorable Curtis L. Collier, Senior U.S. District Judge, a jury returned guilty verdicts against Mark Hazelwood, 59, of Knoxville, Tennessee; Scott “Scooter” Wombold, 58, of Gallatin, Tennessee; and Heather Jones, 47, of Knoxville, Tennessee.
Hazelwood, former president of Pilot Flying J, was convicted of conspiracy to commit mail fraud and wire fraud as charged in count 1 of the indictment, wire fraud as charged in count 8 of the indictment, and witness tampering as charged in count 14 of the indictment. Wombold, former vice president of Pilot Flying J, was convicted of wire fraud as charged in count 2 of the indictment. Jones, a former customer account representative for Pilot Flying J, was convicted of conspiracy to commit mail fraud and wire fraud as charged in count 1 of the indictment.
Evidence presented at trial proved a scheme to defraud certain Pilot Flying J trucking company customers through false and fraudulent representations and promises of diesel fuel discounts that were intended to induce victim customers to purchase diesel fuel from Pilot Flying J rather than a competitor. The scheme resulted in victim customers being cheated out of their promised diesel fuel discounts. The evidence at trial showed that the scheme’s goals were to increase Pilot’s market share of diesel fuel sales over its competitors, maximize Pilot’s profits, and maximize the scheme-participants’ potential for profit- and commission-based compensation from trucking companies targeted through the scheme to defraud.
Before trial, 14 other former Pilot Flying J executives and employees had already pleaded guilty to conspiracy charges related to the same scheme to defraud. They are awaiting sentencing. In July 2014, Pilot Flying J entered into a Criminal Enforcement Agreement with the United States in which the company agreed that some of its employees in its Direct Sales group engaged in fraudulent conduct in the payment of diesel fuel discounts for certain targeted Pilot customers. Pilot Flying J agreed that the conduct of those employees resulted in $56 million in loss to affected customers. In accordance with that agreement, Pilot Flying J agreed to pay full restitution to all victim customers in addition to paying a $92 million monetary penalty. Additionally, according to the terms of the Criminal Enforcement Agreement, this federal investigation not only resulted in the payment of full restitution to the scheme’s victims, but also created protection for trucking companies going forward through greater transparency in their future fuel pricing arrangements with Pilot Flying J.
Sentencing has been set for June 27, 2018, in U.S. District Court, Chattanooga. Hazelwood, Wombold, and Jones each face a sentence of up to 20 years in prison for their convictions.
Law enforcement agencies participating in this joint investigation included the FBI and IRS- Criminal Investigation. Assistant U.S. Attorneys F.M. (Trey) Hamilton III and David P. Lewen, Jr. represented the United States at trial.
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Federal Jury Convicts San Francisco Man of Credit Card Fraud and Identity TheftRead the Press Release
SAN FRANCISCO – Marcus Dieter Felder was convicted of access device fraud and aggravated identity theft, announced Acting United States Attorney Alex G. Tse, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin, and Secret Service Special Agent in Charge David Murray. The guilty verdict was returned late yesterday following a six-day jury trial before the Honorable Maxine M. Chesney, U.S. District Judge
The jury found that Felder, 51, of San Francisco, had engaged in numerous instances of credit card fraud in San Francisco; Hawaii; Placer County, Calif.; and elsewhere in April 2013, June 2014, and October 2014. With respect to the aggravated identity charge, the jury found that Felder had illegally used personal information associated with another individual who shared his first and last names during and relation to the credit card fraud that he had committed in June 2014.
Evidence at trial showed that Felder used Visa, MasterCard, and American Express credit cards issued to other persons to engage in transactions at high-end or boutique hotels, including the Four Seasons Resort in Maui and several venues in San Francisco including the Fairmont Hotel, the Hotel Nikko, the Hilton Union Square, the Grand Hyatt, and the Hotel Metropolis. The evidence at trial also showed that, among other transactions, the defendant used credit cards issued to other persons to pay for first-class air travel from San Francisco to Maui on United Airlines and to rent an exotic car from Enterprise Rent-A-Car. Felder was arrested on October 30, 2014, at the Thunder Valley Casino Resort in Placer County for presenting a counterfeit credit card. He was handed over to federal authorities shortly thereafter.
A federal grand jury issued a superseding indictment on September 19, 2017, charging Felder with one count of fraudulent use of unauthorized access devices, in violation of 18 U.S.C. § 1029(a)(2); two counts of effecting transactions with access devices issued to other persons, in violation of 18 U.S.C. § 1029(a)(5); and one count of aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1).
Felder is currently on release on a bond.
Felder’s sentencing hearing is scheduled for May 30, 2018, before Judge Chesney in San Francisco. The maximum statutory penalty for the count in violation of 18 U.S.C. § 1029(a)(2) is 10 years’ imprisonment and a fine of $250,000, plus restitution if appropriate. The maximum statutory penalty for each of the two counts in violation of 18 U.S.C. § 1029(a)(5) is 15 years’ imprisonment and a fine of $250,000 plus restitution, if appropriate. The statutory penalty for the count in violation of 18 U.S.C. § 1028A(a)(1) is a mandatory two-year consecutive term of imprisonment and a fine of $250,000 plus restitution, if appropriate. However, any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Katherine M. Lloyd-Lovett and Kyle F. Waldinger are prosecuting the case with the assistance of Lilian ArauzHaase and Jeremy Acala. The prosecution is the result of a five-year investigation by HSI and the United States Secret Service.
Federal Jury Convicts Illinois Attorney in Mortgage Fraud SchemeRead the Press Release
CHICAGO — A federal jury today convicted an Illinois attorney of fraudulently obtaining loans related to the purchase, maintenance and sale of properties on Chicago’s South Side.
JESSICA ARONG O’BRIEN fraudulently caused lenders to issue and refinance approximately $1.4 million in mortgage and commercial loans by making false representations and concealing material facts in documents submitted to the lenders. O’Brien used the fraudulently obtained mortgage loan proceeds to purchase an investment property in the 600 block of West 46th Street in Chicago. She fraudulently refinanced the mortgage on the property, as well as on a second investment property in the 800 block of West 54th Street in Chicago. O’Brien then fraudulently obtained a commercial line of credit to maintain the properties, before selling them to a loan officer – co-defendant MARIA BARTKO – and a straw buyer whom O’Brien knew would fraudulently obtain mortgage loans.
The jury convicted O’Brien, 50, of Chicago, on both counts against her, including one count of mail fraud affecting a financial institution, and one count of bank fraud. Each count is punishable by a maximum sentence of 30 years in prison. U.S. District Judge Thomas M. Durkin set sentencing for July 6, 2018.
The conviction was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and Catherine Huber, Special Agent-in-Charge of the Central Region of the Federal Housing Finance Agency, Office of Inspector General. The government is represented by Assistant U.S. Attorneys Matthew F. Madden and Tyler C. Murray.
Evidence at trial revealed that O’Brien carried out the fraud scheme from 2004 to 2007. At the time, O’Brien was employed as a Special Assistant Attorney General for the Illinois Department of Revenue, while also owning a real estate company, O’Brien Realty LLC, and working part time as a loan officer for Amronbanc Mortgage Corp. in Lincolnwood. At the time, Bartko was employed at Amronbanc as a loan officer.
Bartko, of Chicago, pleaded guilty before trial to one count of mail fraud affecting a financial institution. Judge Durkin will schedule Bartko’s sentencing hearing at a later date.
Federal Inmate Sentenced to an Additional Eight Years in Prison for StabbingRead the Press Release
Ocala, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Timothy Whittington, Jr. (37, Kansas) to eight years in federal prison for assault with a dangerous weapon with the intent to cause bodily harm. The Court ordered the sentence to run consecutively to Whittington’s existing sentence for possessing a firearm as a convicted felon, which he was serving at the time he committed the offense.
Whittington pleaded guilty on November 16, 2017.
According to court documents, on June 22, 2017, while Whittington was an inmate at the Federal Correctional Complex, he repeatedly stabbed another inmate in the arm and neck with a shank in the prison cafeteria.
“The rule of law does not stop at the prison walls,” said Special Agent in Charge Charles P. Spencer. “Inmates in federal prisons have the right to pay their debts to society without being subject to violent crimes while incarcerated, and the FBI will continue to investigate these incidents fully.”
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney William S. Hamilton.
FDC Inmate Found Guilty of Assault Resulting in Serious Bodily InjuryRead the Press Release
HONOLULU – A federal jury yesterday found Taloa Latu, 28, guilty of assault resulting in serious bodily injury. The verdict came a few hours after a two and a half day trial. Latu faces a maximum term of imprisonment of ten years when he is sentenced on June 4, 2018, by Chief U.S. District Judge J. Michael Seabright.
Kenji M. Price, United States Attorney, said that according to information produced in court, surveillance camera footage showed Latu, a State of Hawaii inmate housed at the Federal Detention Center ("FDC"), Honolulu, repeatedly punching, kicking, and stomping the victim on September 11, 2016, at FDC. After the assault, the victim was transported to the Queens Medical Center, where he was treated for serious injuries, including a broken jaw and broken ribs. This case was prosecuted in federal court, as the United States has concurrent jurisdiction for crimes committed at FDC, Honolulu.
The investigation in this case was led by the Federal Bureau of Investigation, with assistance from the Federal Bureau of Prisons. Assistant U.S. Attorneys Morgan Early and Michael Nammar handled the prosecution.
Essex County, New Jersey, Man Sentenced to 20 Years for Robbing Two Banks, Firing A WeaponRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man was sentenced to 20 years in prison for robbing the same Capital One Bank in Newark twice, including once in an armed robbery, U.S. Attorney Craig Carpenito announced.
Gregory A. Jones, 61, of Newark, was previously convicted of one count of bank robbery, one count of armed bank robbery, and one count of using a firearm during a crime of violence. Jones was convicted following a one-week trial before U.S. District Judge Kevin McNulty, who imposed today’s sentence in Newark federal court.
According to documents filed in this case and the evidence at trial:
On May 6, 2014, Jones entered the Capital One Bank wearing dark glasses and a scarf around his head and presented the teller a note demanding cash. After Jones left the bank with stolen money a hidden dye pack burst, and he left his glasses, scarf, and hat at the scene of the crime. Law enforcement officers recovered the glasses, hat, and scarf near the bank next to currency, saturated with ink from the dye pack. DNA recovered from the glasses, hat, and scarf matched a DNA sample that was lawfully obtained from Jones.
On Sept. 19, 2014, Jones entered the bank again, brandished a firearm from underneath his sweatshirt, and told a teller to give him money, stating that he had a gun and would shoot. Jones fired the weapon into the ceiling and left with several thousands of dollars. He was later identified using surveillance video and witness statements.
U.S. Attorney Carpenito credited special agents with the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark; N.J. State Police, under the direction of Col. Patrick J. Callahan; the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Robert D. Laurino; and the Newark Division of Public Safety, under the direction of Public Safety Director Anthony Ambrose, with the investigation leading to today’s sentence.
The government is represented by Assistant U.S. Attorney Daniel Shapiro of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Assistant Federal Defenders Carol Gillen and David Holman
Elyria man charged with trafficking fentanyl, cocaine and firearms offensesRead the Press Release
A federal grand jury indicted Clint D. Jackson, 26, of Elyria, on multiple firearms and narcotics offenses, said United States Attorney Justin E. Herdman.
The indictment charges that Jackson, who had previously been convicted of two felonies, possessed three different firearms in January of 2018. The indictment also charges Jackson with seven counts relating to the distribution of fentanyl and cocaine, one count of possessing a firearm in furtherance of a drug trafficking crime, and one count of selling or transferring firearms to a prohibited person.
The case was investigated by the Elyria Police Department and the ATF. Assistant U.S. Attorney James Lewis is prosecuting the case.
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.
Elkhart Man Charged by ComplaintRead the Press Release
SOUTH BEND - Jacob Ryan Underwood, 22, of Elkhart, Indiana was charged by Criminal Complaint with possession of a firearm, namely a destructive device, which is not registered to him in the National Firearms Registration and Transfer Record announced United States Attorney Thomas L. Kirsch II.
United States Attorney Kirsch said, “Destructive devices, such as pipe bombs, are not only illegal, but present an imminent danger to life and property. The US Attorney’s Office will continue to aggressively prosecute those who possess and attempt to detonate devices like these.”
Based upon the investigation, the complaint alleged that: Jacob Underwood assisted in constructing one pipe bomb; he watched as two pipe bombs were made and; that he later threw those two pipe bombs out of a car window while he was in Mishawaka, which are believed to be the two pipe bombs found on January 29, 2018. Investigators also received information that Underwood had detonated a pipe bomb outside of his residence, and they found a garbage can outside of his residence that appeared to be damaged by an explosive device.
The United States Attorney's Office emphasized that a Complaint is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Indiana State Police, Elkhart County Sheriff’s Department, South Bend Police Department, Elkhart County Interdiction and Covert Enforcement Unit, Mishawaka Police Department, and the St. Joseph County Police Department. The case is being handled by Assistant U.S. Attorney Molly E. Donnelly.
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El Salvadoran Man Pleads Guilty to Transporting Illegal Aliens Within the United StatesRead the Press Release
Gulfport, Miss. – Marlon Alvarez-Campos, 30, a citizen of El Salvador, pleaded guilty today before U.S. District Judge Louis Guirola, Jr., to the crime of transporting illegal aliens within the United States, announced U.S. Attorney Mike Hurst and Raymond R. Parmer, Jr., Special Agent in Charge of U.S. Immigration and Customs Enforcement's Homeland Security Investigations in New Orleans. Mr. Alvarez-Campos was found guilty of the offense and is scheduled to be sentenced by Judge Guirola on May 16, 2008. Alvarez-Campos faces a potential maximum 5 years imprisonment, not more than 3 years supervised release, a maximum $250,000 fine, and special assessments that could total $5,100.
On August 17, 2017, a Toyota Corrola being driven by Alvarez-Campos, was stopped by a City of Biloxi Police Officer on Interstate-10 in Harrison County, Mississippi, at approximately 1:30 a.m., for careless driving. The driver did not have a valid driver’s license, and the police officer observed that, in addition to the driver, there were four passengers for a total of five occupants in the vehicle. The vehicle passengers could not speak English and the police officer suspected human smuggling was taking place. The Biloxi Police Department notified the United States Department of Homeland Security, Homeland Security Investigations (HSI) and requested federal assistance. HSI agents responded and began a federal investigation.
None of the vehicle occupants had proper documents, and all were illegally present in the United States. The four passengers were being smuggled by Mr. Alvarez-Campos who also was present in the U.S. illegally. All occupants of the vehicle were arrested, and Alvarez-Campos confirmed that he knew his passengers were illegal aliens and that he was being paid to transport them from Texas.
U.S. Attorney Hurst praised the cooperation exhibited by the Department of Homeland Security, Homeland Security Investigations, and the Biloxi Police Department. Assistant United States Attorney Stan Harris is the prosecutor for the case.
Drug Offenses Land Texas Man in Prison for 7 YearsRead the Press Release
MISSOULA – Bryan Tate Dollar, 37 of Haslet, Texas, was sentenced today to 84 months in prison followed by five years of supervised release after pleading guilty to conspiracy to distribute methamphetamine. United States District Judge Dana L. Christensen handed down the sentence.
Beginning in March of 2016 and continuing through December of 2016, Dollar brought methamphetamine from Las Vegas, Nevada and distributed it in the Billings and Missoula areas. Upon arrest for this activity, members of law enforcement recovered more than 250 grams of pure methamphetamine and a firearm from Dollar. Dollar pleaded guilty to conspiracy to distribute methamphetamine in November of last year.
The case was prosecuted by Assistant U.S. Attorney Tara Elliott and investigated by FBI’s Montana Regional Violent Crime Task Force.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
Department of Justice Files Complaint to Denaturalize Diversity Visa Recipient Who Obtained Naturalized Citizenship After Failing to Disclose Two Prior Orders of RemovalRead the Press Release
The Department of Justice yesterday filed a complaint in the Eastern District of Michigan to revoke the naturalized U.S. citizenship of Humayun Kabir Rahman fka Md Humayun Kabir Talukder aka Ganu Miah aka Shafi Uddin. The case was referred to the Department of Justice by U.S. Citizenship and Immigration Services (USCIS) and identified as a part of Operation Janus.
The complaint alleges Humayun Kabir Rahman arrived in the United States in February 1992 at John F. Kennedy International Airport, claiming his true name was Ganu Miah while in possession of a passport that did not belong to him. He was paroled into the United States so he could seek asylum, and his application was referred to the immigration court where an immigration judge ordered him removed in 1998. In 1994, while Ganu Miah’s proceeding was underway, Rahman sought asylum under a different name, Shafi Uddin. That application was also referred to the immigration court, and he was ordered to be removed in 1997. Later in 1997, using his third identity, Md Humayun Kabir Talukder, Rahman applied for and received an immigrant visa through the diversity visa program, claiming he had entered the United States by car from Canada. In 2004, he applied for and was granted permanent resident status, which he ultimately used to become a naturalized U.S. citizen in 2004. Throughout his immigration and naturalization proceedings, Rahman concealed that he had twice been ordered removed and lied about his identity and immigration history under oath. Rahman was also never lawfully admitted to the permanent resident status upon which he naturalized.
“As our country’s leaders debate the future of our immigration system, this alleged case of a decade of defrauding the United States to obtain citizenship is particularly alarming,” said Acting Assistant Attorney General Chad A. Readler for the Justice Department’s Civil Division. “In this instance, the suspect allegedly lied to the government as he twice sought to secure asylum under different identities, but was rebuffed and ordered removed both times before being randomly selected for a diversity visa. While the United States Senate assesses whether to continue the diversity visa program, the Justice Department will find the program’s fraudsters and hold them to account, to protect our national security.”
"This case illustrates the kind of fraud that we have discovered, and I hope today’s announcement sends a clear message that attempting to fraudulently obtain U.S. citizenship will not be tolerated," USCIS Director Francis Cissna said in a statement. "We are grateful to our partners who are working to bring these cases to justice and protect the integrity of our immigration system."
This case was investigated by USCIS and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS). The case is being prosecuted by OIL-DCS’s National Security and Affirmative Litigation Unit (NS/A Unit), with support from USCIS Office of the Chief Counsel, Central Law Division.
The claims made in the complaint are allegations only, and there have been no determinations of liability.
DOJ Antitrust Chief Makan Delrahim to Meet with High-Level Officials, Colleagues in EuropeRead the Press Release
Assistant Attorney General Makan Delrahim of the U.S. Department of Justice’s Antitrust Division will travel to Europe today with stops in Paris, Brussels, and Bonn for a series of meetings, speaking engagements, and workshops with high-level officials and colleagues.
AAG Delrahim will be in Paris on February 15 and 16 and will be joined by Acting Deputy Assistant Attorney General Marvin Price to discuss the Antitrust Division’s cartel enforcement program at the American Bar Association’s biennial International Cartel Workshop. At the conference, AAG Delrahim will also meet with officials from the Division’s foreign enforcer counterparts.
From Paris, AAG Delrahim will travel to Brussels, where on February 20 he will meet with the European Union’s Commissioner for Competition, Margrethe Vestager, and other senior members of her team. The Deputy Assistant Attorney General for International, Roger Alford, will join AAG Delrahim for those meetings. The discussions will address international cooperation on enforcement and policy matters, including cases where the two agencies are jointly investigating. On February 21, AAG Delrahim will address EU antitrust practitioners at the College of Europe’s Global Competition Law Centre.
Following the engagements in Brussels, AAG Delrahim and DAAG Alford will travel to Bonn for meetings with the German antitrust authority, the Bundeskartellamt, including Andreas Mundt, the president of the Bundeskartellamt. They will also participate in a conference on the occasion of the 60th anniversary of the Bundeskartellamt.
From Bonn, DAAG Roger Alford will continue on to London, where on February 23, he will be the keynote speaker at a King’s College London conference on Innovation Economics for Antitrust Lawyers.
“Our relationships with our foreign counterparts are critical to enabling our enforcement work, and to promoting sound competition policy,” said Assistant Attorney General Delrahim. “I look forward to this opportunity to strengthen the bonds we have with our European colleagues.”
Cuban National Indicted on Federal Charges of Labor Trafficking, Alien Smuggling, Loan Sharking, and Identity TheftRead the Press Release
A Cuban national, living in Palm Beach County, was arrested in Las Vegas, Nevada, on February 12, after being charged with labor trafficking, alien smuggling, loan sharking and identity theft.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, (ICE-HSI), and Ric Bradshaw, Sheriff, Palm Beach County Sheriff’s Office, (PBSO), made the announcement.
Ivan Madrigal Zamora, 56, of Cuba, who was living in Palm Beach County, was charged by indictment with one count of forced labor trafficking, in violation of Title 18, United States Code, Section 1589(a), one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1), one count of production of a false identification document, in violation of Title 18, United States Code, Section 1028(a)(1), one count of loan sharking, in violation of Title 18, United States Code, Section 894(a)(1), and one count of encouraging and inducing an alien to reside in the United States, in violation of Title 8, United States Code, Section 1324(a)(1)(A)(iv) & (B)(i). If convicted on all charges, Zamora faces a combined statutory maximum sentence of 62 years in prison. Zamora is currently being detained without bond pending further court proceedings in West Palm Beach.
According to court records, from in July 2017, Zamora obtained forced labor from the victim and used extortionate means to collect a debt from the victim. From December 2016 through July 2017, Zamora procured a fake Florida driver license and encouraged or induced an illegal alien come to, enter and reside in the United States.
Mr. Greenberg commended the investigation efforts of ICE-HSI and PBSO and the partnership of the Palm Beach County Human Trafficking Task Force. This case is being prosecuted by Assistant United States Attorney Gregory Schiller.
An indictment merely an accusation and a defendant is presumed innocent unless and until proven guilty.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Convicted Felon Receives Maximum for Firearm PossessionRead the Press Release
Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that on February 14, 2018, Chief United States District Court Judge Clay D. Land sentenced Allandoe Cortez Boyd, age 37, of Columbus, GA, to 10 years imprisonment for the offense of possession of a firearm by a convicted felon, the maximum sentence for this offense.
The evidence showed that on October 5, 2016, Columbus, GA, police officers served a search warrant at Boyd’s residence in connection with alleged possession of stolen car parts. During the course of the search, officers recovered several car parts cannibalized from stolen vehicles. Additionally, they seized four firearms, including an AK-47 semi-automatic rifle with a 50 round magazine. All four weapons were fully loaded. Adjacent to one of the firearms, police found a quantity of heroin, a digital scale, and various packaging materials. In a back bedroom of the residence, officers found a backpack containing over 400 rounds of rifle, handgun, and shotgun ammunition.
Mr. Boyd has at least six prior felony convictions dating back to 1999.
“A man who is obviously a career criminal possessing four loaded weapons, one of them semi-automatic rifle loaded with a 50 round magazine, along with hundreds of rounds of ammunition, apparently to protect his illegal stash of drugs and stolen property, Mr. Boyd is the exact person Congress had in mind when it made possession of a firearm by a convicted felon illegal. We are pleased to see him receive the maximum sentence in this case.” said United States Attorney Peeler.
This investigation was conducted by the Columbus Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives and prosecuted by Assistant United States Attorney Melvin E. Hyde.
Questions concerning this case should be directed to Pamela Lightsey, United States Attorney’s Office, at (478) 621-2603.
Concord Township man indicted for child pornography crimesRead the Press Release
A Concord Township man was indicted for child pornography crimes, said U.S. Attorney Justin E. Herdman.
Ronald B. Goldfarb, 62, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct.
The indictment charges that from on or about January 1, 2017, through on or about April 12, 2017, Goldfarb knowingly received and distributed numerous computer files which contained visual depictions of real minors engaged in sexually explicit conduct. The indictment also charges that on or about May 4, 2017, Goldfarb possessed a computer tower, external hard drives, and other computer storage devices that contained child pornography.
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 following an investigation by Special Agent Charles Sullivan of the FBI’s Youngstown office.
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.
Clairton Felon Sentenced for Drugs and GunsRead the Press Release
PITTSBURGH – An Allegheny County resident has been sentenced in federal court to 199 months in federal prison, followed by five years of supervision by United States Probation Officers, as a result of violating federal firearm and drug laws, United States Attorney Scott W. Brady announced today.
Dwight D. Henley, 38, formerly of Clairton, Pa., received the sentence after previously pleading guilty to one count of possession of a firearm by a convicted felon and one count of possessing marijuana with the intent to distribute it, before United States District Judge Mark Hornak.
In connection with the guilty plea, the court was advised that Henley was previously convicted of a total of 16 counts at six different cases in the Allegheny County Court of Common Pleas. These convictions included drug offenses (12 counts), Terroristic Threats (one count), DUI (two counts), and Criminal Use of a Communication Device (one count). Each of these offenses was serious enough to preclude him from possessing a firearm or ammunition under federal law.
The Court learned that Henley was on state parole for his prior crimes when parole officers located marijuana in his house on February 23, 2015. As local police officers obtained a search warrant to search the entire residence, Henley admitted that he had marijuana, as well as a gun in the house "for protection." The search warrant revealed a loaded semi-automatic pistol, ammunition for two different guns, approximately 1.5 pounds of marijuana, over $2,100 in cash, three cellphones, two iPads and a laptop. Testimony from a prior hearing indicated that Henley was associated with the Ruff Ryders and Maxx’d Out motorcycle groups.
Assistant United States Attorney Ross E. Lenhardt prosecuted this case on behalf of the government.
Judge Hornak noted that since the defendant is an Armed Career Criminal with at least three prior convictions for serious drug and/or violent felony offenses, the law provided for a total sentence of not less than 15 years and up to life imprisonment. The Court was provided with a lengthy Pre-Sentence Report created by the United States Probation Office that detailed the defendant’s background, including his criminal, educational, family, and work history, before determining that the 199-month sentence was sufficient but not greater than necessary.
The defendant has been incarcerated in the custody of the United States Marshal Service since the time of his federal arrest.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Henley, with the valuable assistance of agents from the Pennsylvania Board of Probation and Parole, the Pennsylvania Attorney General’s Office and police officers from the Clairton and Elizabeth police departments. United States Attorney Brady commended all of the law enforcement officers involved for their cooperative efforts in the successful investigation.
Citizen of Mexico Sentenced for Illegally Reentering the U.S.Read the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that VICTOR MANUEL AGUILAR CAMACHO, 39, a citizen of Mexico, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to approximately five months of imprisonment, time already served, for illegally reentering the United States after being deported.
According to court documents and statements made in court, in September 2013, the Willimantic Police Department arrested AGUILAR CAMACHO after a domestic violence incident. The victim reported to police that AGUILAR CAMACHO, against whom the victim had obtained a protective order, had hid outside of her home, forced his way inside and assaulted her.
On March 11, 2014, AGUILAR CAMACHO pleaded guilty to violation of a protective order and strangulation in the second degree, and was sentenced to five years of incarceration, execution suspended, and three years of probation. He was removed to Mexico in September 2014.
AGUILAR CAMACHO illegally reentered the U.S. and returned to Connecticut. In September 2017, he was spotted outside the home of the victim.
AGUILAR CAMACHO has been detained in federal custody since October 5, 2017. On November 20, he pleaded guilty to one count of reentry of a removed alien.
At the conclusion of today’s court proceeding, AGUILAR CAMACHO was taken into ICE custody and will be removed to Mexico.
This matter was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations. The case was prosecuted by Assistant U.S. Attorney Alina Reynolds.
Circle Man Who Received and Possessed Child Pornography Sentenced to 7 Years in PrisonRead the Press Release
BILLINGS - The United States Attorney’s Office announced today that Matthew Stoney Olson was sentenced to 84 months in prison, 20 years of supervised release, and a $100 special assessment. U.S. District Judge Susan Watters presided over the hearing.
Olson was previously convicted at trial of receipt of child pornography and possession of child pornography. In early 2015, Olson routinely received child pornography by downloading it via a peer-to-peer sharing network. During that time, law enforcement officials with the Department of Homeland Security became aware of these downloads and obtained a search warrant for Olson’s home. The search warrant was executed and a large number of pictures and videos depicting child pornography were discovered on Olson’s personal computer.
In a sentencing memorandum filed in federal court, Assistant United States Attorney Colin Rubich stated that Olson represented a “predatory danger to the community” due to his “unwillingness to acknowledge his crimes and his refusal to seek treatment.”
United States Attorney Kurt Alme stated, “Children have the right to grow up free from exploitation by adults who film them and those who drive the market by purchasing the films. We encourage all Montanans to report situations to law enforcement where children may be at risk.
Judge Watters sentenced Olson to 7 years in federal prison, with 20 years of supervised release to follow. Because there is no parole in the federal system, Olson will likely serve all of the time imposed by the court. In the federal system, Olson 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 Department of Homeland Security, the Montana Department of Criminal Investigation, and other federal, state, and local agencies.
Chicago Trader Facing Federal Fraud Charge for Allegedly Misappropriating $2 Million in CryptocurrenciesRead the Press Release
CHICAGO — In the first criminal prosecution in Chicago involving the cryptocurrency trading industry, a Chicago trader was charged today with fraud for allegedly misappropriating $2 million in Bitcoin and Litecoin.
JOSEPH KIM, 24, of Chicago, was charged in a federal criminal complaint with one count of wire fraud. He is scheduled to make an initial court appearance on Feb. 16, 2018, at 10:30 a.m., before U.S. Magistrate Judge Daniel G. Martin in Courtroom 1743 of the Dirksen Federal Building in Chicago.
Kim worked as an assistant trader for Consolidated Trading LLC, a Chicago trading firm that recently formed a cryptocurrency group to engage in cryptocurrency trading, the complaint states. Over a two-month period in the fall of last year, Kim misappropriated at least $2 million of the firm’s Bitcoin and Litecoin cryptocurrency for his own personal benefit, and he made false statements and representations to the company’s management in order to conceal the theft, according to the complaint.
The complaint was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation.
According to the complaint, from September through November 2017, Kim transferred more than $2 million of the trading firm’s Bitcoin and Litecoin to personal accounts to cover his own trading losses, which had been incurred while trading cryptocurrency futures on foreign exchanges. In order to conceal the transfers, Kim lied to the firm’s management about the location of the company’s cryptocurrency and his trading of the company’s cryptocurrency, the complaint states. Consolidated’s management team discovered the misappropriation in late November, the complaint states.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Wire fraud is punishable by up to 20 years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
The government is represented by Assistant U.S. Attorneys Sunil Harjani and Sheri Mecklenburg.
Chicago Man Sentenced to Federal Prison for String of Retail TheftsRead the Press Release
A Chicago man who stole more than $36,000 worth of merchandise from various home improvement stores across four states was sentenced on February 14, 2018, to eight months in federal prison.
Paris Lawrence, age 29, from Chicago, Illinois, received the prison term after a September 28, 2017, guilty plea to conspiracy to transport stolen property in interstate commerce.
In a plea agreement, Lawrence admitted that between February 2016 and May 2016, he participated in over 25 thefts from various home improvement stores in Iowa, Illinois, Michigan, Wisconsin, and Indiana. Lawrence and his co-conspirators would enter a store, steal various items, and later return the items for store credit. During the course of the conspiracy, Lawrence stole more than $36,000 worth of merchandise.
Lawrence was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Lawrence was sentenced to eight months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $36,438.33 in restitution to Lowe’s Home Improvement. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Lawrence is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Ravi T. Narayan and investigated by the Dubuque Police Department. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 16-CR-1020.
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