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Friday 22 December 2017
Citizen of Mexico Pleads Guilty to Heroin Trafficking OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JOSE DAVID SILVA PESTANO, 33, a citizen of Mexico, pleaded guilty today before U.S. District Judge Vanessa L. Bryant in Hartford to heroin trafficking charges.
According to court documents, SILVA PESTANO and others conspired to traffic multi-kilogram quantities of heroin from Mexico to the Bridgeport, Connecticut area. On multiple occasions between approximately April 2015 and March 2017, SILVA PESTANO personally transported more than 30 kilograms of heroin into Connecticut.
On February 14, 2017, SILVA PESTANO was arrested in Nogales, Arizona, after he crossed the border on a motorcycle carrying 11.94 kilograms of heroin in a concealed compartment.
On March 16, 2017, a grand jury in Hartford returned an indictment charging SILVA PESTANO and six other individuals with conspiracy to distribute and to possess with intent to distribute one kilogram or more of heroin, and related offenses. SILVA PESTANO also was charged in the District of Arizona with possession with intent to distribute one kilogram or more of heroin. The Arizona case was transferred to the District of Connecticut for further prosecution.
SILVA PESTANO pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute one kilogram or more of heroin, and one count of possession with intent to distribute one kilogram of heroin.
Judge Bryant scheduled sentencing for March 22, 2018, at which time SILVA PESTANO faces a mandatory minimum term of imprisonment of 10 years maximum term of imprisonment of life.
SILVA PESTANO has been detained since his arrest.
This matter is being investigated by the FBI’s Bridgeport Safe Streets Task Force, DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force, and Bridgeport Police Department. The case is being prosecuted by Assistant U.S. Attorneys Joseph Vizcarrondo and Alina Reynolds.
Camarillo Man Found Guilty of Being Felon in Possession of FirearmsRead the Press Release
LAS VEGAS, Nev. – A jury convicted a former felon Thursday of unlawful possession of one Heckler & Koch machine pistol and one Sig Sauer automatic rifle after multiple prior felony convictions in California, announced Acting U.S. Attorney Steve W. Myhre for the District of Nevada.
Following a three-day jury trial, Jack Benjamin Hessiani, 39, of Ventura, California, was found guilty of one count of a felon in possession of a firearm. United States District Judge Larry R. Hicks presided over the trial and scheduled sentencing for March 22, 2018. At the time of sentencing, Hessiani faces the statutory 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 and the U.S. Department of Labor Office of the Inspector General. Assistant U.S. Attorneys Phillip N. Smith Jr. and Alexandra Michael are prosecuting the case.
This case was brought as part of Project Safe Neighborhoods, a nationwide commitment by the Department of Justice to reduce gun and gang crime in America by networking local programs that target gun and gun crime and providing these programs with additional tools necessary to be successful. For more information about Project Safe Neighborhoods, visit www.justice.gov/usao-nv.
California Man Arrested for Attempting to Provide Material Support to A Terrorist OrganizationRead the Press Release
A federal complaint was unsealed today, charging Everitt Aaron Jameson, 26, of Modesto, with attempting to provide material support to a foreign terrorist organization, Attorney General Jeff Sessions and United States Attorney Phillip A. Talbert announced. Jameson was arrested today and is scheduled to appear before U.S. Magistrate Judge Barbara A. McAuliffe in Fresno, California at 2pm.
According to court documents, Jameson had several online interactions with a confidential source in which he expressed support for the October 31, 2017, terrorist attack in New York City and offered his services for “the cause.” In subsequent communications with an undercover agent, Jameson referred to his training in the U.S. military and noted he had been trained for combat and war. Jameson later met with another undercover agent whom he believed to be associated with the senior leadership of the foreign terrorist organization, ISIS (the Islamic State of Iraq and al-Sham, also known as ISIL). During his interactions with this undercover agent, Jameson offered to carry out violent acts and to provide financial support for the terrorist organization."The Department of Justice works resolutely every day to prevent terrorist attacks," said Attorney General Sessions. "In my time back at the Department, nothing has impressed me more. Today, our incredible law enforcement officers have once again helped thwart an alleged plot to kill Americans. I want to thank the FBI agents and federal prosecutors and everyone else who helped make this possible. The threat from radical Islamic terrorism is real—and it is serious—but the American people can be assured that the Department of Justice remains vigilant in protecting our homeland."
U.S. Attorney Phillip A. Talbert stated, “I want to express my thanks to the FBI for working in partnership with my office on this case. We are grateful that our hardworking law enforcement partners remain vigilant in protecting our communities, especially during this holiday season.”
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorneys Dawrence W. Rice and Christopher D. Baker are prosecuting the case, together with Trial Attorney Brenda Sue Thornton from the U.S. Department of Justice’s National Security Division, Counterterrorism Section.
If convicted, Jameson faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.Buffalo Man Pleads Guilty to Cocaine 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 Clarence Adams, 35, of Buffalo, NY, pleaded guilty, before U.S. District Judge Richard J. Arcara, to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine. The charge carries a mandatory minimum 20 years in prison, a maximum of life and a $20,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on May 13, 2016, law enforcement officers seized three packages containing cocaine that were shipped from Texas to Buffalo to various recipients. The cocaine was hidden inside air purifiers. Officers seized two of the packages before they were delivered and set-up controlled deliveries to addresses on Tyler and Custer Streets in Buffalo. The three packages contained a total of five kilograms of cocaine. Adams recruited five individuals to receive the packages. He and co-defendant Robert Hall paid the recipients of the packages in money or crack cocaine. A total of 19 packages were shipped from Texas to Buffalo and each package contained at least one kilogram of cocaine.
During a search of the defendant’s home, law enforcement officers found a drug ledger, multiple cell phones, rubber gloves, digital scale and other drug paraphernalia.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast; and the Cheektowaga Police Department, under the direction of Chief David Zack.
Sentencing is scheduled for April 17, 2018, at 12:30 p.m. before Judge Arcara.
Brockton Man Pleads Guilty to Illegal Firearm PossessionRead the Press Release
BOSTON – A Brockton man with two prior federal firearm convictions pleaded guilty yesterday in federal court in Boston to a federal firearms charge.
Darnell Upshaw, 35, pleaded guilty to being a felon in possession of a firearm and ammunition. U.S. District Court Judge Indira Talwani scheduled sentencing for March 22, 2018.
On May 10, 2017, police officers responded to a report of shots fired on Owens Avenue in Brockton. Based on information provided at the scene, law enforcement officers suspected that Upshaw was responsible for the shooting and began surveillance of his house. Subsequently, officers observed a vehicle matching the description of the shooter’s vehicle arrive and park near Upshaw’s house, where two men exited the vehicle. Minutes later, Upshaw was observed leaving his house and driving away in a black SUV.
The officers followed the SUV and when it stopped, Upshaw exited and took off running with his right arm braced tightly against his side. The officers followed Upshaw as he fled, climbed over a fence and entered his girlfriend’s mother’s house. Upshaw was apprehended inside the house and a loaded firearm was found lying on top of a pile of lawn clippings near the fence Upshaw had climbed. Subsequent lab analysis revealed that Upshaw’s shirt bore traces of gunshot primer residue.
The charge of being a felon in possession a firearm and ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth County District Attorney Timothy Cruz; and Brockton Police Chief John Crowley made the announcement. Assistant U.S. Attorney Kelly Begg Lawrence of Lelling’s Criminal Division is prosecuting the case.
Attorney General Sessions Reiterates Support of DEA Efforts to Investigate Hezbollah’s Drug Trafficking and Related Activities and Orders Review of Prior DEA InvestigationsRead the Press Release
Attorney General Jeff Sessions today directed a review of the handling of Project Cassandra, a law enforcement initiative targeting Hezbollah’s drug trafficking and related operations in the United States and abroad, to evaluate allegations that certain matters were not properly prosecuted and to ensure all matters are appropriately handled.
“Protecting our citizens from terrorist organizations and combatting the devastating drug crisis gripping our nation are two of the Justice Department’s top priorities,” said Attorney General Sessions. “Operations designed to investigate and prosecute terrorist organizations that are also fueling that drug crisis must be paramount in this administration. The DEA has worked tirelessly on this front. I am committed to giving our hard working and dedicated DEA agents all the tools that they need to allow them to shut down these drug rings.
“While I am hopeful that there were no barriers constructed by the last administration to allowing DEA agents to fully bring all appropriate cases under Project Cassandra, this is a significant issue for the protection of Americans. We will review these matters and give full support to investigations of violent drug trafficking organizations
“The Department of Justice is absolutely committed to investigating and prosecuting international drug trafficking organizations and with the assistance of our DEA and FBI agents we will leave no stone unturned as we work to making America safer.”
Additional Charges Announced Against Two Bronx Men for A 2014 Murder and 2014 Drug-Related ShootingRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Darcel D. Clark, the Bronx County District Attorney, Ashan M. Benedict, the Special Agent-in-Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), James J. Hunt, the Special Agent-in-Charge of the New York Field Office of the U.S. Drug Enforcement Administration (“DEA”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced additional charges in a Superseding Indictment[1] against members of a drug trafficking crew based in the Bronx. In the Superseding Indictment returned on Tuesday, December 19, JASON POLANCO, a/k/a “Jin,” a/k/a “Wolfman,” is charged with the August 31, 2014, murder of Shawn Ross, a/k/a “S.B.,” and RENE RUIZ, a/k/a “Lil’ Rene,” a/k/a “Nae Nae,” is charged with a May 2, 2014, non-fatal shooting.
POLANCO, RUIZ, and 12 others were previously charged in an Indictment unsealed on February 6, 2017. That prior Indictment charged narcotics trafficking, firearms possession, and participation in robberies of commercial establishments in the Bronx and Manhattan. In addition to the new charges described above, the Superseding Indictment re-alleges the charges that had previously been brought in the Indictment against POLANCO, RUIZ, and 10 others. The case is assigned to U.S. District Judge Laura Taylor Swain. POLANCO, RUIZ, and the 10 other defendants charged in the Superseding Indictment were arraigned today.
Acting Manhattan U.S. Attorney Joon H. Kim said: “As alleged, Jason Polanco and Rene Ruiz not only participated in a drug conspiracy, but also personally participated in the drug crew’s gun violence, including, for Polanco, a murder. Fortunately, federal authorities and our local law enforcement partners, working together, can make our streets safer, as they did in this case.”
Bronx District Attorney Darcel D. Clark said: “We are pleased to have assisted our federal law enforcement partners in their superseding indictment charging Jason Polanco with the murder of a Bronx man. It is one of numerous violent felonies that Polanco and his co-defendants allegedly committed in the Bronx and Manhattan. In addition to facing justice in federal court, he will face justice in the Bronx for shooting two New York City police officers in 2015. With seamless cooperation between city, state and federal agencies we will continue to do all we can to ensure safety for all who live and work in the Bronx.”
ATF Special Agent in Charge Ashan M. Benedict said: “Jason Polanco, Rene Ruiz and his charged co-conspirators are alleged to have committed a litany of crimes, including firearms offenses and violent crimes. The defendants are alleged to have possessed and used firearms in the commission of violent crimes with some crimes resulting in serious bodily injury and in one case death. The members of this violent drug trafficking crew have been a plague to the citizens of the Bronx and Manhattan for some time. I would like to commend our partners in the Bronx District Attorney’s Office and the United States Attorney’s Office for their collaboration that made this case possible. I also would like to extend my gratitude to the special agents of the DEA and ATF, and the NYPD detectives, who worked tirelessly to bring these individuals to justice.”
DEA Special Agent in Charge James J. Hunt said: “This case shows the intrinsic link between drug trafficking, crime and gun violence. New York law enforcement is committed to weeding out drug dealers in our neighborhoods so law abiding residents can live in neighborhoods free from drugs and safe from the consequences of drug trafficking.”
POLANCO is separately being prosecuted by the Bronx County District Attorney’s Office for his alleged shooting of two NYPD Officers in January 2015. Mr. Kim thanked the District Attorney’s Office for their cooperation in the federal investigation of POLANCO for the alleged murder of Shawn Ross.
The prosecution is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Justina L. Geraci, Jordan Estes, Christopher J. Clore, and Amanda L. Houle are in charge of the prosecution.
The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment and the description of the Superseding Indictment set forth below constitute only allegations and every fact described should be treated as an allegation.
3 Linked to Medical Supply Firms in Hawthorne and Ventura Arrested in $24 Million Scam Involving Power Wheelchairs and RepairsRead the Press Release
LOS ANGELES – The operator of two now-defunct medical supply companies in Hawthorne and Ventura, as well as two former employees, have been arrested on federal healthcare fraud charges for allegedly billing Medicare well over $24 million for medically unnecessary power wheelchairs (PWC) and the repair of medical equipment.
The scheme is outlined in a 29-count indictment that was returned by a federal grand jury on December 14 and unsealed yesterday after the three defendants were arrested by special agents with the United States Department of Health and Human Services’ Office of Inspector General and the Federal Bureau of Investigation.
According to the indictment, Tamara Yvonne Motley operated Action Medical Equipment and Supplies, which was based in Hawthorne until 2014, and Kaja Medical Equipment & Supply, which was based in Ventura until late 2016. Motley allegedly orchestrated a scheme in which corrupt physicians prescribed medically unnecessary durable medical equipment (DME), such as PWCs, and Motley oversaw the submission of fraudulent bills to Medicare.
In January 2011, when Medicare changed the reimbursement rules for PWCs, Action largely stopped Medicare billing for PWCs and, instead, started billing Medicare for PWC repairs. Action and Kaja allegedly submitted bills for PWC repair or replacement services that were not medically necessary, were not needed to make the PWCs serviceable, and often simply were not performed. The majority of bills submitted in this case allegedly involve fraudulent repair work.
The defendants taken into custody yesterday are:
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Tamara Yvonne Motley, also known as Tamara Ogembe, 49, of Redondo Beach;
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Cynthia Karina Marquez, 42, of Paramount, who worked as an office manager at both Action and Kaja; and
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Juan Roberto Murillo, 41, of Montebello, who worked at both medical supply companies as a repair technician.
According to the indictment, over a nearly eight-year period, Action billed Medicare more than $18.2 million for DME – most for PWCs, but also for PWC accessories, knee braces and back braces – and the repair or replacement of PWCs. Medicare paid Action nearly $10.3 million.
Between July 2013 and November 2016, Kaja billed Medicare $6.3 million for PWCs, PWC-related accessories, and the repair or replacement of PWCs. Medicare paid Kaja approximately $2.8 million for those claims, the indictment alleges.
The indictment charges all three defendants with 20 counts of healthcare fraud and one count of conspiring to launder money.
Motley and Marquez are further charged with two counts of aggravated identity theft in relation to the use of other persons’ names to operate the medical supply companies. Motley is additionally charged with six counts of structuring cash transactions to avoid federal reporting requirements for transactions of more than $10,000.
If convicted, each of the three defendants would potentially face decades in federal prison. Each count of healthcare fraud carries a statutory maximum sentence of 10 years in federal prison.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
At an arraignment yesterday afternoon in United States District Court, all three defendants entered not guilty pleas to the charges in the indictment and a trial was scheduled for February 13. A United States Magistrate Judge set bond for Motley and Murillo, and Marquez was ordered detained.
This case is the product of an investigation by the United States Department of Health and Human Services’ Office of Inspector General and the Federal Bureau of Investigation.
This case is being prosecuted by Assistant United States Attorney Julian L. André of the Major Frauds Section.
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Thursday 21 December 2017
“Great Outdoors Bandit” Pleads Guilty to Bank RobberyRead the Press Release
BOISE – Josue Daniel Alfaro, a/k/a Danny Alfaro, a/k/a the “Great Outdoors Bandit,” age 32, of Portland, Oregon, pleaded guilty yesterday to five counts of bank robbery and one count of attempted bank robbery, U.S. Attorney Bart M. Davis announced. Pursuant to a written plea agreement filed with the court, Alfaro pleaded guilty to Counts 1, 3, 5, 7, 9, and 11 of the indictment.
According to the plea agreement, the defendant admitted to robbing, and attempting to rob, the following banks on the following dates and in the following amounts:
- On December 21, 2016, the U.S. Bank at 10500 West Overland Road in Boise, Idaho for $3,174;
- On December 21, 2016, the Idaho Central Credit Union at 1615 South Celebration Avenue in Meridian, Idaho for $2,100;
- On March 24, 2017, the Bank of the West at 9140 West Emerald Street in Boise, Idaho for $3,469;
- On May 24, 2017, the Alpine Credit Union at 351 East 800 South in Orem, Utah for $12,736;
- On August 7, 2017, the Bank of the West at 9140 West Emerald Street in Boise, Idaho. Attempted robbery, no loss;
- On August 7, 2017, the Pioneer Federal Credit Union at 850 East Fairview Avenue in Meridian, Idaho for $9,637;
- On August 7, 2017, the Clarity Federal Credit Union at 555 South Meridian Road in Meridian, Idaho for $100.
According to the plea agreement, for each of the robberies, Alfaro obscured his face with a baseball cap and black sunglasses. He provided the tellers with notes demanding money. One of the notes, provided to the Idaho Central Credit Union demanded $40,000 in large bills. Another note, provided to the Bank of the West on March 24, stated: “Give me money or I will shoot the teller next to you.” Yet another note, provided to the Pioneer Federal Credit Union on August 7, stated: “give me all of your hundred dollar bills, I have a gun.”
In total, Alfaro robbed $31,216 from the six banks and credit unions, whose deposits were federally insured. According to the plea agreement, Alfaro agreed to pay this sum in restitution to the banks and credit unions.
According to the plea agreement, on August 13, 2017, Alfaro was arrested at Los Angeles International Airport attempting to board an international flight to Brussels, Belgium. In his carry-on bag, the defendant possessed $2,826 in cash that he obtained from the robberies.
Separately, for each count, Alfaro faces a statutory maximum of 20 years in prison, a $250,000 fine, and not more than 5 years of supervised release.
Sentencing for Alfaro is set for March 13, 2018, before Chief U.S. District Judge B. Lynn Winmill, at the federal courthouse in Boise.
The case was investigated by the Federal Bureau of Investigation (Boise, Salt Lake City, and Los Angeles field offices), the Boise Police Department, and the Meridian Police Department.
York Man Indicted on Drug Trafficking and Firearms ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Timothy Ray Wright, age 30, of York, Pennsylvania, was indicted on December 20, 2017, by a federal grand jury with drug trafficking and firearms violations.
According to United States Attorney David J. Freed, the indictment alleges that on August 17, 2017, Wright possessed with intent to distribute cocaine, cocaine base and fentanyl. It is further alleged that Wright possessed a 9mm Walther Creed pistol as a previously convicted felon, and possessed the firearm in furtherance of drug trafficking.
The charges stem from an investigation conducted by the York County Drug Task Force, assisted by the Bureau of Alcohol, Tobacco, and Firearms. Assistant United States Attorney James T. Clancy is prosecuting the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
Indictments and 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 for the drug trafficking offenses is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine; the maximum penalty for possession of a firearm in furtherance of drug trafficking is life in prison. 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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Wilson Man Sentenced on Drug and Gun ChargesRead the Press Release
RALEIGH – The United States Attorney Office for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that yesterday in federal court, United States District Judge Terrence W. Boyle sentenced Deterri Obrian Lucas, 32, of Wilson, NC to 126 months of imprisonment followed by 5 years of supervised release.
On September 6, 2017, LUCAS pled guilty to a three-count indictment, charging Possession with Intent to Distribute Heroin, Possession of a Firearm in Furtherance of a Drug Trafficking Crime, and Possession of a Firearm by a Felon.
The evidence established that on June 26, 2016, officers of the Wilson Police Department conducted a traffic stop on LUCAS to serve outstanding warrants for his arrest. Officers arrested LUCAS, and in a subsequent search of the vehicle, they located a loaded 9mm handgun under LUCAS’ seat. They later found a quantity of heroin hidden in LUCAS’ pants.
The Wilson Police Department conducted the investigation of this case. Assistant United States Attorney Jake D. Pugh is prosecuting this case on behalf of the government.
Wilmington, DE Man Charged with Illegal Re-entry After DeportationRead the Press Release
Sergio Jonathan Caal-Melendez, of Wilmington, DE, was charged today by Indictment with illegal reentry after deportation, announced United States Attorney Louis D. Lappen. The indictment alleges that on or about November 27, 2017, Caal-Melendez, an alien, and native and citizen of Guatemala, was found in the United States after having been deported from the United States on or about May 21, 2008.
If convicted the defendant faces a maximum possible sentence of two years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Sarah M. Wolfe.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Wildwood Man Pleads Guilty to Wire FraudRead the Press Release
St. Louis, MO – Paul Creager, 39, of Wildwood, pleaded guilty to two counts of wire fraud in connection with the sale of equity in his construction business. Creager appeared before U.S. District Judge Rodney W. Sippel, and admitted to misrepresenting the financial health of his company in connection with the solicitation of $724,024.14 in investments from two individuals in 2016. Specifically, Creager admitted to omitting his company’s largest obligation from financial information provided to the investors. Without this large debt on its books, Creager’s company appeared valuable and profitable. With it, it was not. Only months after receiving the victims’ investment, Creager’s company became insolvent and the victims’ investments are now worthless.
Judge Sippel accepted Creager’s plea and deferred sentencing until March 21, 2018. The U.S. Attorney’s Office stated in court it has additional investigations into other aspects of Creager’s business that were not resolved by today’s guilty plea.
At sentencing, Creager faces up to 20 years’ imprisonment, a fine of not more than $250,000 or both for each count of wire fraud. Restitution to the victims is mandatory. The government has also seized financial accounts associated with Creager and a vehicle in the course of its investigation.
The case was investigated by the St. Louis Division of the FBI. Assistant U.S. Attorney Tom Albus is handling the case for the government.
Western District of Tennessee to Receive Two Additional Federal Prosecutors to Fight Violent CrimeRead the Press Release
Memphis, TN – The Western District of Tennessee will receive two additional federal prosecutors to combat violent crime in the district, announced United States Attorney D. Michael Dunavant.
As one of many steps Attorney General Sessions has announced to counter the surge in violent crime afflicting communities across our country, the Department of Justice is allocating 40 Assistant United States Attorney positions to U.S. Attorney’s Offices nationwide. These prosecutors will be solely focused on bringing violent criminals to justice through aggressive enforcement of federal laws.
The Western District of Tennessee is receiving two of the new dedicated positions. One of the additional prosecutors will be assigned to the Memphis office, and the other will be assigned to the Jackson office.
United States Attorney Dunavant said, "To those communities in the Western District that have been besieged by gangs and violent crime, I am thrilled to say that help is on the way. These dedicated prosecutors – working closely with our law enforcement partners – will help incapacitate violent offenders and remove them from our streets. I look forward to filling these slots promptly and putting these additional resources to work for the citizens of West Tennessee."
Violent crime is on the rise in Memphis and Jackson. For example, Memphis saw 228 murders and a major violent crime increase of 25% last year. And the violence is not confined to Memphis and Jackson. Other cities and communities in West Tennessee such as Dyersburg, Savannah, and Covington have also seen recent increases in these areas. These increases in violent crime led the Department to select Memphis and Jackson as two of the 12 cities in the National Public Safety Partnership (PSP). The Western District is the only district to have two cities selected for this program.
These two new AUSA positions will complement the Department’s ongoing enforcement efforts in West Tennessee. They will also be instrumental as the U.S. Attorney’s Office recommits to initiatives that have worked in the past to reduce violent crime, such as the Project Safe Neighborhoods program.
West Mifflin Man Charged with Trafficking CocaineRead the Press Release
PITTSBURGH - A resident of West Mifflin, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating the federal narcotics laws, Acting United States Attorney Soo C. Song announced today.
The one-count indictment named Diop Fitzgerald, 40, of West Mifflin, Pennsylvania, as the sole defendant.
According to the indictment, on or about October 26, 2017, Fitzgerald distributed and possessed with intent to distribute 500 grams or more of cocaine, a Schedule II controlled substance.
The law provides for a maximum total sentence of not less than five years and up to 40 years in prison, a fine not to exceed $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Stephen S. Gilson is prosecuting this case on behalf of the government.
The Drug Enforcement Administration conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Waterbury Man Charged with ArsonRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that a federal grand jury returned an Indictment today charging Timothy Durkin, 42, with maliciously destroying by means of fire real property used in interstate commerce. Specifically, Durkin is accused of maliciously setting fire to a commercial building located at 3579 Waterbury-Stowe Road in Waterbury, Vermont on October 27, 2017. Durkin is currently detained in state custody pending unrelated charges in Washington County Superior Court.
The United States Attorney emphasizes that the charge contained in the Indictment is merely an accusation, and that Durkin is presumed innocent unless and until he is proven guilty. If Durkin is convicted, he faces a mandatory minimum sentence of five years, and a maximum possible sentence of twenty years.
United States Attorney Christina E. Nolan praised the collaborative efforts of state and federal law enforcement leading up to the charge. Nolan stated, “Combatting violent crime will continue be a top priority of the U.S. Attorney’s Office. We will work with our federal, state, and local partners to identify the most dangerous offenders and bring them to justice. We will never stop fighting for the right of every Vermonter to live in safety and security.”
The United States is represented in this matter by Assistant U.S. Attorney Jonathan A. Ophardt. Durkin has not yet appeared in federal court. The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Vermont State Police.
United States Settles False Claims Allegations Against Haven Hospice for More Than $5 MillionRead the Press Release
Jacksonville, Florida – Acting U.S. Attorney W. Stephen Muldrow announces that Haven Hospice (Haven), a hospice company headquartered in Gainesville, Florida, has agreed to pay $5,085,024 to resolve allegations that Haven violated the False Claims Act by knowingly billing the government for medically unnecessary and undocumented hospice services.
The government alleges that Haven knowingly submitted false claims to the Medicare and Medicaid programs for medically unnecessary hospice care for certain patients who had lengths of stays greater than three years. Typically, federal health care programs only pay for hospice care when patients are in a terminal condition and have a life expectancy of less than six months.
Since June 1, 2011, Haven treated at least 63 patients with lengths of stay exceeding three years. The government contends that for those 63 patients, Haven either knowingly or recklessly failed to document a valid basis for the initial start of hospice care and/or subsequent hospice coverage. Haven’s diagnoses were not adequately supported, or were supported only with inconsistent practitioner information. Many patients failed to demonstrate objective indications of decline throughout their time in the company’s care, despite some being in hospice for nearly six years. Some patients had their hospice diagnoses changed after several years when they did not show decline under their original “terminal” diagnosis. The government has agreed to accept $5,085,024 to resolve these allegations based on Haven’s ability to pay.
“Unfortunately, some healthcare providers seek to defraud Medicare by billing for unnecessary hospice services,” stated Acting U.S. Attorney Muldrow. “Left unchecked, this misconduct would deplete funds available for terminally ill patients desperately in need of the relief that hospice care provides. This settlement should serve as notice to others who consider similar practices that we will vigorously pursue them.”
“Charging taxpayers for unnecessary health care services such as hospice care is intolerable,” said Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services, Office of Inspector General. “Working closely with our law enforcement partners, we will vigorously protect the integrity of our Federal health care programs and hold health care companies accountable.”
The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by a former employee of Haven Hospice, Dr. John Simons. The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act that permits private individuals to sue on behalf of the government for false claims and to share in any recovery. The Act also allows the government to intervene and take over the action. Dr. Simons will receive roughly $900,000 of the proceeds from the settlement with Haven.
The government’s action in this matter illustrates the emphasis on combating health care fraud, and one of the most powerful tools in this effort is the False Claims Act. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
This settlement was the result of a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida, SafeGuard Services LLC (Medicare’s Zone Program Integrity Contractor), and the U.S. Department of Health and Human Services – Office of Inspector General. It was handled by Assistant United States Attorney Shea Gibbons.
The case is captioned United States ex rel. Simons v. North Central Florida Hospice, Inc. d/b/a Haven Hospice, Case No. 3:16-cv-330-J-32JRK. The settlement resolves the United States’ claims in that case. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
U.S. Attorney’s Office Collaborates with Local and State Partners to Provide Law Enforcement TrainingRead the Press Release
LEXINGTON, Ky. - The U.S. Attorney’s Office announced today the completion of three successful training events, promoting partnership and cooperation among federal, state and local law enforcement agencies and emphasizing efforts to combat civil rights violations and organized drug trafficking.
Over a two-week period in late November and early December, the Office sponsored three training sessions for over 150 law enforcement officers, prosecutors and victim advocates from local, state and federal law enforcement.
The first training session was a collaboration with the U.S. Attorney's Office for the Western District of Kentucky to train federal, state and local officers on the rules and best practices for criminal discovery. This training is conducted annually to inform law enforcement officers about emerging issues involving the proper collection, preservation, and production of evidence used in criminal prosecutions.
In the second training, the Office collaborated with the Fayette Commonwealth Attorney, the Federal Bureau of Investigation and the Department of Homeland Security to train federal, state and local officials on the prosecution of federal and state civil rights offenses. Topics covered included voter fraud, hate crimes, human trafficking, labor trafficking, law enforcement misconduct and civil investigations, such as fair housing and American with Disabilities Act violations.
In the third training, Office personnel, along with members of the Drug Enforcement Administration, provided training to federal, state and local narcotics officers as part of the Organized Crime Drug Enforcement Task Force, a federally supported program aimed at dismantling and disrupting drug trafficking and other criminal organizations.
“I am proud to support the men and women of law enforcement, including by partnering with them to provide training to our colleagues,” said United States Attorney Robert M. Duncan, Jr. “The recent training events highlight our Office’s strong partnerships with local, state, and federal law enforcement. These close working relationships with various law enforcement agencies tremendously benefit the communities that we serve.”
The U.S. Attorney’s Office will continue to provide important training events. For more information about future trainings, Please contact the Community Relations Unit or visit the Office website at www.justice.gov/usao-edky.
Two defendants plead guilty to federal weapons chargesRead the Press Release
CHARLESTON, W.Va. – Two men pleaded guilty today to federal weapons charges, announced United States Attorney Carol Casto. Steven Jones, 31, of Ripley, entered his guilty plea to possession of an unregistered weapon. In a separate prosecution, Jamie Edward Smith, 30, of Montgomery, entered his guilty plea to being a felon in possession of a firearm.
Jones admitted that on November 6, 2017, law enforcement executed a search warrant at his residence in Ripley and located a metal pipe bomb, gun powder, and other items used for a destructive device. Jones admitted in a Mirandized interview that he had built the pipe bomb, along with two others he had detonated on his property. The pipe bomb was not registered in the National Firearms Registration and Transfer Record.
In a separate prosecution, Smith admitted that on December 20, 2016, he possessed a Raven Arms .25 caliber semiautomatic pistol at a Montgomery apartment complex. Smith was prohibited from possessing any firearms under federal law because of a 2008 felony conviction in Fayette County Circuit Court for breaking and entering.
Both defendants face up to 10 years in federal prison. Jones is scheduled to be sentenced on March 19, 2018. Smith is scheduled to be sentenced on March 22, 2018.
The Jackson County Sheriff’s Office, the West Virginia State Police, the Kanawha County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation of Jones. Assistant United States Attorney Joshua C. Hanks is in charge of the Jones prosecution. The plea hearing for Jones was held before United States District Judge Joseph R. Goodwin.
The investigation of Smith was conducted by the Montgomery Police Department, the West Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Matt Davis is responsible for the Smith prosecution. United States District Judge John T. Copenhaver, Jr., presided over Smith’s plea hearing.
These cases were brought 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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Two More Defendants Sentenced and Two Others Plead Guilty to Charges Arising Out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the ATF concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 82 of these defendants have been convicted, including 81 who have entered guilty pleas, and 54 of them have been sentenced.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Last week, two more Albuquerque residents entered guilty pleas. On Dec. 15, 2017, Daniel Carmona, 31, pled guilty to violating federal firearms laws by using and carrying a firearm in relation to a drug trafficking crime. Under the terms of his plea agreement, Carmona will be sentenced to five years in federal prison followed by a term of supervised release to be determined by the court. Also on Dec. 15, 2017, in a separate case, Patrick Zamora, 22, pled guilty to a methamphetamine trafficking charge.
This week two other Albuquerque residents were sentenced for their convictions on drug trafficking and firearms charges. Keith Thompson, 49, was sentenced on Dec. 19, 2017, to 70 months in prison followed by three years of supervised release for distributing heroin, and Alex Villarreal, 35, was sentenced on Dec. 19, 2017, to 66 months in prison followed by four years of supervised release for being a felon in possession of firearms and distributing methamphetamine.
Carmona was charged in a criminal complaint with distributing methamphetamine on Aug. 3, 2016, in Bernalillo County, N.M., after he sold approximately 67 grams of methamphetamine to undercover law enforcement agents. Thereafter, on Aug. 9, 2016, Carmona and co-defendants Luis Arreola-Palma, 24, and Gaspar Leal, 47, were indicted and charged with conspiring to distribute methamphetamine from July 21, 2016 through July 25, 2016. Carmona also was charged with distributing methamphetamine on July 25, 2016 and Aug. 3, 2016, and using and carrying a firearm in relation to a drug trafficking crime on Aug. 3, 2016. On Dec. 15, 2017, Carmona pled guilty to carrying a firearm in relation to a drug trafficking crime, and admitted that on Aug. 3, 2016, he carried a firearm when he delivered approximately 55.3 actual grams of methamphetamine to another individual. Arreola-Palma pled guilty on July 28, 2017, and was sentenced on Oct. 26, 2017, to 48 months in prison followed by three years of supervised release. Leal has entered a plea of not guilty to the charges in this case and is pending trial.
Zamora was charged by criminal complaint with distributing approximately 116.8 grams of methamphetamine to an undercover law enforcement agent on June 20, 2016, in Bernalillo County. Zamora’s co-defendants Noe Urias and co-defendant Angelica Marie Santiesteban, 40, were charged in a four-count indictment filed on June 30, 2016, with methamphetamine trafficking offenses. The indictment was superseded on July 28, 2016, to include Zamora and an additional methamphetamine trafficking charge. The superseding indictment charged all three defendants with conspiracy to distribute methamphetamine from May 2, 2016 through June 20, 2016, and distribution of methamphetamine on June 20, 2016; Urias and Santiesteban with distribution of methamphetamine on May 2, 2016 and May 19, 2016; and Urias with distribution of methamphetamine on May 18, 2016. On Dec. 15, 2017, Zamora pled guilty to a felony information charging him with distribution of methamphetamine, and admitted that on June 20, 2016, he sold methamphetamine to another individual in exchange for money. At sentencing, Zamora faces a maximum penalty of 20 years in federal prison. Urias pled guilty on March 9, 2017, and was sentenced to 41 months in prison followed by three years of supervised release on Dec. 6, 2017. Santiesteban pled guilty on Dec. 8, 2016, and was sentenced to 63 months in prison followed by five years of supervised release on June 27, 2017.
Thompson and his co-defendant Matthew Sandoval, 38, were arrested in July 2016, and charged in a two-count indictment with distributing heroin on May 9, 2016, and distributing methamphetamine on May 19, 2016. Thompson entered a guilty plea on June 29, 2017 and Sandoval entered a guilty plea on June 30, 2017, to heroin trafficking charges. In entering their guilty pleas, Thompson and Sandoval both admitted that on May 9, 2016, they sold heroin to another individual. Sandoval was sentenced on Oct. 19, 2017, to 60 months in prison followed by three years of supervised release.
Villarreal was arrested in July 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on May 23, 2016, and distributing methamphetamine on May 25, 2016. At the time, Villarreal was prohibited from possessing firearms or ammunition because he was previously convicted on larceny, conspiracy to commit larceny, possession of marijuana with intent to distribute, and aggravated assault. On Aug. 18, 2017, Villarreal pled guilty to the indictment and admitted selling four firearms to an undercover law enforcement agent on May 23, 2016, and 115 grams of methamphetamine to the agent on May 25, 2016. Villarreal acknowledged knowing that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Seventeen of the defendants charged as the result of the ATF investigation have entered not guilty pleas. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. Two defendants are fugitives and the charges against two defendants have been dismissed.
These cases were investigated by the Albuquerque office of ATF. The case against Carmona is being prosecuted by Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado. The case against Zamora is being prosecuted by Assistant U.S. Attorney Edward Han. The case against Thompson was prosecuted by Assistant U.S. Attorney Samuel A. Hurtado, and the case against Villarreal was prosecuted by Assistant U.S. Attorney Presiliano Torrez.
Twin Buttes Man Sentenced on Multiple Child Molestation OffensesRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on December 20, 2017, Chief United States District Court Judge Daniel L. Hovland sentenced Lonnie Dale Spotted Bear, 73, Twin Buttes, ND, to serve 30 years in prison, followed by lifetime supervised release for multiple child molestation offenses.
On September 14, 2017, after a three-day trial, a federal jury found Spotted Bear guilty on two counts of aggravated sexual abuse of a child, one count of Attempted Aggravated Sexual Abuse of a Child, and one count of Abusive Sexual Contact of a Child. Evidence presented at trial demonstrated that, during a five-year period, Spotted Bear molested three girls under the age of twelve. Specifically, Spotted Bear, through his status as a trusted relative, gained access to, isolated, and individually molested these girls. Additionally, evidence at trial demonstrated that when Spotted Bear learned that two of his victims disclosed that he molested them, he attempted to intimidate and influence their guardians.
This case was investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Jonathan O’Konek prosecuted the case.
Twenty Individuals Sentenced for Involvement in Drug Trafficking and Money Laundering OrganizationRead the Press Release
Des Moines, Iowa – On December 21, 2017, sentencings were completed in the federal
prosecution of twenty defendants charged with drug trafficking, money laundering, obstruction,
firearms, and immigration offenses stemming from the investigation of a multi-state drug
trafficking organization, announced United States Attorney Marc Krickbaum. This investigation
began in March 2016 and revealed the organization was involved in the distribution of
methamphetamine, cocaine, cocaine base, and marijuana in the Des Moines area. Subsequent
investigation consisted of controlled narcotics purchases from the organization and the execution
of over twenty search warrants of residences located in Des Moines, Colorado, and California in
September 2016. All defendants charged in this investigation pleaded guilty and were sentenced
by United States District Court Judge Rebecca Goodgame Ebinger.- Jacinto Loza Gil, 48, sentenced to a term of imprisonment of 292 months
- Jonathan Escareno Chavez, 28, sentenced to a term of imprisonment of 210 months
- Gumaro Escareno Chavez, 33, sentenced to a term of imprisonment of 90 months
- Jairo Escareno Chavez, 27, sentenced to a term of imprisonment of 71 months
- Heriberto Escareno Chavez, 34, sentenced to a term of imprisonment of 108 months
- Dennis Ugarte, 28, sentenced to a term of imprisonment of 46 months
- Mujo Becirovic, 26, sentenced to a term of imprisonment of 73 months
- Israel Morales Flores, 33, sentenced to a term of imprisonment of 63 months
- Jose Manuel Cano Basurto, 43, sentenced to a term of imprisonment of 37 months
- Basman Danuvio Urbina Caceres, 42, sentenced to a term of imprisonment of 100 months
- David Coos Tello, 49, sentenced to a term of imprisonment of 24 months
- Marcos Caballero Ybarra, 30, sentenced to a term of imprisonment of 4 months
- Hugo Plaza Garcia, 19, sentenced to a term of imprisonment of time served (4 months)
- Lee Anthony Flores Escareno, 27, sentenced to a term of probation of five years
- Jimmy Oswald Kiapas Hidalgo, 28, sentenced to a term of imprisonment of 24 months
- Antonio Salazar, 48, sentenced to a term of imprisonment of time served (15 months)
- Helen Mariela Osorio Ventura, 22, sentenced to a term of probation of four years
- Oscar Corea Holt, 21, sentenced to a term of probation of three years
- Miguel Flores Torres, 39, sentenced to a term of imprisonment of 8 months
- Steven A. See, 31, sentenced to a term of probation of three years
This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and
Explosives, Iowa Division of Narcotics Enforcement, and Internal Revenue Service – Criminal
Investigations, with significant assistance of numerous state and local agencies, including
Des Moines Police Department and Mid-Iowa Narcotics Enforcement Task Force. The case was
prosecuted by the United States Attorney’s Office for the Southern District of Iowa.Twelve Members and Associates of the Mount Vernon Goonies Street Gang Charged in Superseding Indictment with Murder, Racketeering, Narcotics, and Firearms OffensesRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Anthony A. Scarpino Jr., Westchester County District Attorney, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Division of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an Indictment charging MARKEL OVERTON, a/k/a “Kellz,” THOMAS BLANTON, a/k/a “LT,” MARQUIS COLLIER, a/k/a “Keise,” KADEEM DINHAM, a/k/a “Polo,” DONNIE DIXON, a/k/a “Scooter,” DAVID HARDY, a/k/a “Mooka,” JERMAINE HUGHLEY, a/k/a “Blacks,” RAHEEM JONES, a/k/a “Rah Trigger,” a/k/a “Trigga,” SINCERE SAVOY, a/k/a “Bitty,” JAMAAL SINCLAIR, a/k/a “Diggz,” NOEL SMITH, a/k/a “Georgie,” and ERNEST WEBB, a/k/a “Ern,” a/k/a “Ern Millz,” with various crimes relating to racketeering, murder, narcotics, and firearms offenses. The defendants have been charged as a result of their membership in the “Goonies” street gang that operated in the City of Mount Vernon, New York. Eight of the defendants were previously charged in United States v. Overton, et al., 17 Cr. 644 (NSR) (the “Indictment”). The Superseding Indictment, S1 17 Cr. 644 (NSR) (the “Superseding Indictment”), charges four additional defendants with racketeering charges and also charges the following two murders in Mount Vernon, New York:
- DAVID HARDY, a/k/a “Mooka,” MARQUIS COLLIER, a/k/a “Keise,” JERMAINE HUGHLEY, a/k/a “Blacks,” and SINCERE SAVOY, a/k/a “Bitty,” with the December 31, 2016, murder of Shamoya McKenzie, a 13-year-old innocent bystander; and
- ERNEST WEBB, a/k/a “Ern,” a/k/a “Ern Millz,” with the September 22, 2014, murder of Dean Daniels.
Acting U.S. Attorney Joon H. Kim said: “When gangs flourish, neighborhoods suffer, parents grieve, and children die. It is as simple as that. Dreams like the ones Shamoya McKenzie must have had for herself — as she sat innocently in the car, next to her mother on New Year's Eve, coming from basketball practice — should be cultivated and allowed to flourish, not violently crushed, a tragic victim of an utterly senseless war between street gangs. Shamoya McKenzie deserved better. Dean Daniels deserved better. Mount Vernon deserves better. And that is why we, with our federal and local partners, have brought this prosecution. Today’s announcement is part of our Office’s ongoing and steadfast commitment to making the streets of Mt. Vernon, and the communities of Westchester safe.”
Westchester County District Attorney Anthony A. Scarpino Jr. said: “For the better part of a decade, the Goonies have had a grip on neighborhoods in and around the City of Mount Vernon. Through intimidation and violence, they’ve jeopardized the safety and quality of life for the hard working residents of Mount Vernon. That violence turned deadly on at least two occasions when the lives of Shamoya McKenzie and Dean Daniels were cut short. While we were able to charge David Hardy for the senseless murder of Shamoya, our partnership with the United States Attorney’s Office and the FBI will now enable us to charge others who also participated in those crimes. Thanks to the collaborative efforts of federal, state and local law authorities, these defendants will all be held accountable for the crimes they now stand accused of.”
FBI Assistant Director William F. Sweeney Jr. said: “The new charges members of this criminal gang now face show just how badly they allegedly terrorized a community. They used violence to push illegal drugs and demonstrate how tough they were as a gang. They didn’t think about who was hit by their bullets, and in the end that disregard cost an innocent young girl her life. The FBI Westchester County Safe Streets Task Force won’t let up on their investigations into gangs that believe they act with impunity. They don’t and now they will face justice for their deadly actions.”
According to the Superseding Indictment[1] unsealed today in White Plains federal court, and prior proceedings in the matter:
From 2007 to 2017, in the Southern District of New York and elsewhere, OVERTON, BLANTON, COLLIER, DINHAM, DIXON, HARDY, HUGHLEY, JONES, SAVOY, SINCLAIR, SMITH, and WEBB were members or associates of a racketeering enterprise known as the “Goonies.” In order to fund the enterprise, protect and expand its interests, and promote its standing, members and associates of the Goonies committed, conspired, attempted, and threatened to commit acts of violence, including murder, attempted murder and robbery; they conspired to distribute and possess with the intent to distribute narcotics; and they obtained, possessed, and used firearms, including by brandishing and firing them. BLANTON, COLLIER, DINHAM, DIXON, and JONES also conspired with one another, and certain other members of the Goonies, to distribute and possess with the intent to distribute crack cocaine and marijuana.
The Goonies have been engaged in a long-standing and violent feud with several rival Mount Vernon street gangs, including, among others, the “Boss Playa Family,” the “Get Money Gangstas,” the “Gunnas,” and the “Much Better Gang,” among others. On December 31, 2016, the intended target of the shooting was a rival gang member. Shamoya McKenzie was in the front passenger seat of a car driving by the shooting location, in the vicinity of Tecumseh Avenue and Third Street in Mount Vernon, New York, and was struck in the head by a bullet, resulting in her death. As set forth in the Superseding Indictment, on or about September 22, 2014, in the vicinity of Park Avenue in Mount Vernon, Dean Daniels was shot to death.
OVERTON, BLANTON, COLLIER, DINHAM, DIXON, JONES, and SMITH were already in custody based on the charges in the Indictment. HARDY and HUGHLEY were already in custody on state charges, and were transferred to federal custody today. SAVOY was arrested this morning in New Rochelle. WEBB remains a fugitive. The defendants who are in custody will be arraigned before the Honorable Lisa Margaret Smith, United States Magistrate Judge, this afternoon in White Plains federal court. The case is assigned the United States District Judge Nelson S. Román.
* * *
The maximum potential sentences in this case are prescribed by Congress and are provided in the attached table for informational purposes only, as any sentencings of the defendants will be determined by a judge.
Mr. Kim thanked the Westchester County District Attorney’s Office and praised the outstanding investigative work of the FBI’s Westchester County Safe Streets Task Force, which comprises agents and detectives from the FBI, Yonkers Police Department, Westchester County District Attorney’s Office, Westchester County Police Department, Peekskill Police Department, Mount Vernon Police Department, New York City Police Department, and U.S. Probation.
The prosecution is being handled by the Office’s White Plains Division. Assistant United States Attorneys Anden F. Chow, Sarah Krissoff, Olga Zverovich, Christopher Clore, and Special Assistant United States Attorneys John O’Rourke and Lauren Abinanti are in charge of the prosecution.
The charges contained in the Indictment and Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
United States v. Markel Overton, et al.
CHARGE
DEFENDANTS
MAXIMUM PENALTIES
Count One
Racketeering Conspiracy
MARKEL OVERTON
a/k/a “Kellz”
THOMAS BLANTON
a/k/a “LT”
MARQUIS COLLIER
a/k/a “Keise”
KADEEM DINHAM
a/k/a “Polo”
DONNIE DIXON
a/k/a “Scooter”
DAVID HARDY
a/k/a “Mooka”
JERMAINE HUGHLEY
a/k/a “Blacks”
RAHEEM JONES
a/k/a “Rah Trigger”
a/k/a “Trigga”
SINCERE SAVOY
a/k/a “Bitty”
JAMAAL SINCLAIR
a/k/a “Diggz”
NOEL SMITH
a/k/a “Georgie”
ERNEST WEBB
a/k/a “Ern,”
a/k/a “Ern Millz”
Life in prison
Count Two
Firearms Offense
MARKEL OVERTON
THOMAS BLANTON
MARQUIS COLLIER
KADEEM DINHAM
DONNIE DIXON
DAVID HARDY
RAHEEM JONES
JAMAAL SINCLAIR
NOEL SMITH
Life in prison with a mandatory minimum of 10 years in prison
Count Three
Conspiracy to Commit Murder in Aid of Racketeering
DAVID HARDY
MARQUIS COLLIER
JERMAINE HUGHLEY
SINCERE SAVOY
10 years in prison
Count Four
Murder in Aid of Racketeering
DAVID HARDY
MARQUIS COLLIER
JERMAINE HUGHLEY
SINCERE SAVOY
Mandatory minimum: Life in prison
Maximum sentence: Death
Count Five
Use, Carrying, and Possession of Firearms, Resulting in Death
DAVID HARDY
MARQUIS COLLIER
JERMAINE HUGHLEY
SINCERE SAVOY
Mandatory minimum: 5 years in prison
Maximum sentence: Death
Count Six
Conspiracy to Commit Murder in Aid of Racketeering
ERNEST WEBB
10 years in prison
Count Seven
Murder in Aid of Racketeering
ERNEST WEBB
Mandatory minimum: Life in prison
Maximum sentence: Death
Count Eight
Use, Carrying, and Possession of Firearms, Resulting in Death
ERNEST WEBB
Mandatory minimum: 5 years in prison
Maximum sentence: Death
Count Nine
Narcotics Conspiracy
THOMAS BLANTON
MARQUIS COLLIER
KADEEM DINHAM
DONNIE DIXON
RAHEEM JONES
Life in prison with a mandatory minimum of 10 years in prison
DEFENDANT
AGE
MARKEL OVERTON
27
THOMAS BLANTON
24
MARQUIS COLLIER
26
KADEEM DINHAM
26
DONNIE DIXON
28
DAVID HARDY
22
JERMAINE HUGHLEY
25
RAHEEM JONES
29
SINCERE SAVOY
20
JAMAAL SINCLAIR
29
NOEL SMITH
34
ERNEST WEBB
29
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the Superseding Indictment, and the description of the Indictment and Superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Tulsa Woman Pleads Guilty to Use of A Communication Device in Furtherance of Drug TraffickingRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Erin Melinda Penera, age 42, of Tulsa, Oklahoma, pled guilty to Use Of A Communication Device In Furtherance Of Drug Trafficking, in violation of Title 21, United States Code, Section 843(b), punishable by not more than 4 years imprisonment, and up to a $250,000.00 fine or both.
The Indictment alleged that within the Eastern District of Oklahoma, the Defendant, and others known and unknown to the Grand Jury, knowingly and intentionally, and unlawfully used a communication facility, that is a telephone, in committing, causing and facilitating acts constituting felonies under Title 21, United States Code, Sections 841 and 846, in that the Defendant used telephones to discuss various matters concerning conspiracy, distribution of methamphetamine and possession with intent to distribute methamphetamine, a Schedule II controlled substance.
The charge arose from an investigation by the Tulsa Police Department and the Drug Enforcement Administration.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Timothy Hammer represented the United States.
Texas Man Pleads Guilty to Conspiring to Transport 28 Kilograms of CocaineRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that VICTOR ESQUIVEL, age 27, of Brownsville, Texas, recently pled guilty to conspiring to distribute and to possesses with the intent to distribute 5 kilograms or more of cocaine hydrochloride.
According to court documents, ESQUIVEL, along with co-defendants ROEL RANGEL and KEVIN DECUIR, conspired to distribute approximately 28 kilograms of cocaine hydrochloride.
RANGEL pled guilty to conspiracy to distribute or to possess with intent to distribute five kilograms or more of cocaine hydrochloride and is scheduled to be sentenced on February 28, 2018.
ESQUIVEL faces a sentence of imprisonment of at least ten years and up to life, followed by at least 5 years of supervised release. ESQUIVEL also faces a fine of up to $10,000,000 and a mandatory $100 special assessment. U.S. District Court Judge Ivan L. R. Lemelle will sentence ESQUIVEL on March 28, 2018.
Acting U.S. Attorney Evans praised the work of the Department of Homeland Security and the St. Tammany Parish Sheriff’s Office. Assistant United States Attorney Nicholas D. Moses is in charge of the prosecution.
Texas Man Pleads Guilty to Access Device FraudRead 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 Froilan Tressord Bonilla, 31, of Houston, Texas, pleaded guilty to access device fraud, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 15 years in prison and a $250,000 fine.
Assistant U.S. Attorney John D. Fabian, who is handling the case, stated that Customs and Border Protection officers encountered the defendant on April 10, 2017, at the Peace Bridge Port of Entry in Buffalo after he was refused entry into Canada by the Canadian Border Services Agency. Officers inspected Bonilla’s car and found 65 cards, including credit cards, gift cards and debit cards. Officers also found a laptop computer and a card-encoding device. Examination of the cards revealed that 28 of the cards were counterfeit, having had their magnetic strips re-encoded with new information inconsistent with the number, name, merchant or institution, listed on the front of the card. A search of the defendant’s phone revealed lists of credit card numbers, photographs of gift and credit cards, screenshots of online shopping carts for purchasing credit card numbers, and evidence of money transfers to China, Vietnam and the Ukraine.
The plea is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for April 12, 2018, at 1:00 pm before Judge Arcara.
Tampa Man Sentenced to 10 Years for Trafficking FirearmsRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore today sentenced Michael O. Johnson (28, Tampa) to 10 years in federal prison for possessing a firearm as a convicted felon. He pleaded guilty on August 10, 2017.
According to court documents, Johnson sold undercover agents six firearms over a period of several months, including a Russian model SKS 7.62x39-caliber rifle with an extended magazine. He sold the guns to agents even after they told him that the guns would be resold illegally in other markets within the United States, including in New York City.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Frank Murray.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, Acting U.S. Attorney W. Stephen Muldrow coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Staten Island Man Charged with Conspiring to Distribute and Possess with Intent to Distribute Heroin and FentanylRead the Press Release
A criminal complaint was unsealed earlier today, in federal court in Brooklyn, charging Michael Hitsous with conspiracy to distribute and possession with intent to distribute heroin and fentanyl in Staten Island, New York. Hitsous was arrested yesterday and is scheduled to make his initial appearance this afternoon before United States Magistrate Judge Steven M. Gold.
Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, Michael E. McMahon, District Attorney, Richmond County District Attorney’s Office (RCDA), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.
As alleged in publicly filed documents, between February 2017 and December 2017, Hitsous sold heroin and fentanyl from his Staten Island home, which resulted in near fatal overdoses of two young women. Notably, in or about September 2017, Hitsous sold narcotics to a 25-year-old female who overdosed at the defendant’s residence after ingesting drugs that he provided. While the victim was unconscious, a friend of the victim called emergency medical personnel who arrived in time to resuscitate her. Despite providing the narcotics that nearly killed the victim, Hitsous continued to regularly sell narcotics from his home knowing the harm they cause.
“As alleged, the defendant Michael Hitsous profited by selling dangerous drugs, including fentanyl and heroin, without regard for the potentially deadly consequences to the users of those drugs,” stated Acting United States Attorney Rohde. “Together with our law enforcement partners, this Office will work tirelessly to identify and prosecute to the fullest extent of the law those who contribute to the opioid crisis, and, through these efforts, work to save lives by reducing the availability of opioids and to prevent new addictions in our District.”
“The illegal sale of heroin and fentanyl has caused unimaginable pain to families across Staten Island, as those suffering from addiction illness continue to overdose at alarming rates due to these deadly drugs,” stated District Attorney McMahon. “By investigating each overdose and tracing the dangerous narcotics back to the source, law enforcement has been able to hold drug dealers accountable for the lives they have destroyed and we are proud that our Overdose Response Initiative is getting these results. We will continue working together with our partners in the NYPD and the Eastern District to investigate and prosecute any individual who peddles this poison in our community so that we can save lives and finally put an end to the drug epidemic.”
According to the Centers for Disease Control and Prevention (CDC) and the Department of Justice, drug overdoses have become the leading cause of death for Americans under the age of 50. The increase in overdose deaths has been driven in large part by fentanyl – a drug that has been described as 50 to 100 times more potent than morphine. In New York, from 2014 to 2015, fentanyl overdose deaths rose 135 percent, while heroin overdose deaths rose 28 percent. According to the CDC’s latest report analyzing overdose deaths nationally, in 2016 synthetic opioid deaths – which includes fentanyl – more than doubled from 9,580 in 2015 to 19,413 in 2016.
The arrest was the result of a long-term investigation by the NYPD’s Drug Overdose Task Force whose officers coordinated numerous controlled narcotics purchases from Hitsous.
The charges in the complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s General Crimes Section. Assistant United States Attorney David Lizmi is in charge of the prosecution.
The Defendant:
MICHAEL HITSOUS
Age: 26
Residence: Staten Island, New YorkE.D.N.Y. Docket No. 17-MJ-1063
St. Cloud Man Sentenced to 60 Years for Producing Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Jeremy Craig Traylor (32, St. Cloud) to 60 years in federal prison for producing child pornography. He pleaded guilty on October 6, 2017.
According to court documents, on September 1, 2016, a tip from the National Center for Missing and Exploited Children (NCMEC) led law enforcement officers to identify Traylor as a suspect involved in the distribution of child pornography. During the execution of a search warrant at Traylor’s residence, agents found several items of computer media containing thousands of images of infants, toddlers, and young children engaged in sexually explicit conduct. During an interview, Traylor admitted that he had used file sharing software to search for, download, and view child pornography for at least the past six years. Forensic analyses of his computer media revealed images and a video that depicted Traylor sexually assaulting an infant girl and sexually explicit images of a minor boy that he had also produced. Traylor shared these images with others via text messaging and other applications on his phone.
"Two young lives are forever impacted by these incomprehensible crimes," said HSI Tampa Special Agent in Charge James C. Spero. "Nothing will return the innocence of these children, but we hope putting this criminal behind bars will help them in their recovery.”
This case was investigated by the Osceola County Sheriff’s Office with assistance from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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.
Sentencings for December 19 - December 21, 2017Read the Press Release
Jeremiah John Martinez, 35, of Cheyenne, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on December 19, 2017, for being a felon in possession of a firearm. Martinez was arrested in Cheyenne, Wyoming. He received 51 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Laramie County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Christina Marquez, 22, of Sacramento, California, was sentenced by Federal District Court Judge Scott W. Skavdahl on December 19, 2017, for possession with intent to distribute methamphetamine and for carrying a firearm during and in relation to a drug trafficking crime. Marquez was arrested in Rawlins, Wyoming. She received 84 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $200.00 special assessment and $500.00 in restitution. This case was investigated by the Wyoming Highway Patrol, the Wyoming Division of Criminal Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Javonn Rae Lynch, 27, of Fort Washakie, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on December 19, 2017, for assault, resisting, or interfering with a federal officer. Lynch was arrested in Fort Washakie, Wyoming. She received 12 months of imprisonment, to be followed by one year of supervised release, and was ordered to pay a $25.00 special assessment. This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Allen James Hendrickson, 29, of Rock Springs, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on December 19, 2017, for being a felon in possession of a firearm. Hendrickson was arrested in Sweetwater County, Wyoming. He received 36 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Sweetwater County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Cher Yang, 57, of Roberts Wisconsin, was sentenced by Federal District Court Judge Scott W. Skavdahl on December 19, 2017, for possession with intent to distribute marijuana. Yang was arrested in Cheyenne, Wyoming. He received 5 months of imprisonment, to be followed by two years of supervised release; first five months in home confinement, and was ordered to pay a $100.00 special assessment and $300 in restitution. This case was investigated by the Wyoming Division of Criminal Investigation.
Charles E. Mathisen, 64, of Gillette, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on December 20, 2017, for production of child pornography. Mathisen was arrested in Gillette, Wyoming. He received 45 years of imprisonment, to be followed by a lifetime of supervised release, was ordered to pay a $200.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation Internet Crimes Against Children Task Force.
Angelo Michael Reyes, 50, of Blythe, California, was sentenced by Federal District Court Judge Alan B. Johnson on December 20, 2017, for conspiracy to distribute methamphetamine. Reyes was arrested in Riverside County, California. He received 70 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment and $900.00 in restitution. This case was investigated by the Wyoming Division of Criminal Investigation.
Manuel Jose Sanchez, 29, of Cheyenne, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on December 21, 2017, for conspiracy to distribute methamphetamine. Sanchez was arrested in Cheyenne, Wyoming. He received 97 months of imprisonment, to be followed by five years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cheyenne Police Department.
Gabino Martinez-Jimenez, 30, of Oaxaca, Mexico, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on December 21, 2017, for illegal re-entry of a previously deported alien into the United States. Martinez-Jimenez was arrested in Teton County, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Jose Vazquez-Huerta, 29, of Tlaxcala, Mexico, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on December 21, 2017, for illegal re-entry of a previously deported alien into the United States. Vazquez-Huerta was arrested in Teton County, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Reyna Castillo-Hernandez, 41, of Mexico City, Mexico, was sentenced by Federal District Court Judge Alan B. Johnson on December 21, 2017, for illegal re-entry of a previously deported alien into the United States. Castillo-Hernandez was arrested in Teton County, Wyoming. He received six months of imprisonment, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Second Woman Sentenced and Denaturalized for Obtaining U.S. Citizenship Through LiesRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore sentenced Natasha Pierre (46, Davenport), a/k/a Elsie Petitfrere, to six months in federal prison for obtaining U.S. citizenship through false and misleading representations to U.S. immigration authorities. She pleaded guilty on August 30, 2017. The Court also entered an order denaturalizing Pierre and stripping her of her United States citizenship; she is now subject to deportation to Haiti.
According to her plea agreement and evidence presented in Court, Pierre first applied for asylum protection to remain in the United States in 1993, claiming that she had entered the United States from Haiti and feared persecution and arrest if she returned there. In June 1995, the INS rejected her application and ordered her to appear before an immigration judge for possible deportation proceedings. In July 1995, she failed to appear as directed and the court ordered her removal from the United States. The immigration judge also entered a warrant for her arrest and deportation.
While her case was still pending before the immigration court, Pierre assumed the new identity of Elsie Petitfrere and filed for legal protection and permanent resident status in the United States using this new identity and a different set of biographical data. In 2012, she applied for U.S. citizenship, and Petitfrere ultimately became a U.S. citizen on September 11, 2012.
In her immigration paperwork and application for citizenship, Petitfrere denied the use of prior names, denied having been subject to an order of deportation, and denied lying to immigration authorities. Photographic and fingerprint evidence later established that Pierre and Petitfrere were the same person and that Pierre had lied on several keys parts of her citizenship application.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, with assistance from U.S. Citizenship and Immigration Services. This investigation was a part of “Operation Second Look,” a nationwide initiative of the Department of Homeland Security to review the files of hundreds of persons who were ordered deported from the United States but have not left the country as directed. The Pierre case is one of four similar investigations in the Tampa Bay area. These cases are being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Salvadoran National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON – A Salvadoran national, who was previously charged with illegally reentering the United States after deportation, pleaded guilty and was sentenced yesterday in federal court in Boston.
Oscar Ayala-Herrera, 23, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. Senior District Court Judge Rya W. Zobel sentenced Ayala-Herrera to time served. Ayala-Herrera will be subject to deportation proceedings.
In August 2011, Ayala Herrera was encountered by the federal agents in Hidalgo, Texas, and determined to be illegally present in the United States. Ayala Herrera was released from federal custody on a deferred status. In October 2015, Ayala-Herrera was convicted in Chelsea District Court of assault and battery. Upon completion of his sentence, Ayala Herrera was placed into removal proceedings, and on April 22, 2016, he was deported to El Salvador.
On Sept. 18, 2017, police in Arlington encountered Ayala Herrera and determined that he was illegally present in the United States.
Ayala-Herrera faces a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation proceedings upon completion of any sentence imposed. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting the case.
Rochester Man Sentenced for Sex Trafficking Minors and AdultsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr., announced today that Stephen Jones, 30, of Rochester, NY, who was convicted by a federal jury of conspiring to recruit underage girls to commit commercial sex acts, and sex trafficking of minors and adults by force, fraud or coercion, was sentenced to 25 years in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorneys Melissa M. Marangola and Craig R. Gestring, who together handled the trial of the case, stated that between 2011 and June 2014, the defendant conspired with others, including Kasandra Weeks and Christian Nartey, to target and manipulate seven minor victims and two adult victims, many of whom were at-risk and vulnerable, to engage in prostitution activities. While some victims were located through social media accounts, Jones went to the Department of Social Services or women shelters and waited until girls appearing young in age came outside. Victims were promised quick money and drugs, and on other occasions, threatened with violence.
Jones and his co-conspirators posted daily advertisements using fake photos for the victims on backpage.com. One advertisement read: “ITS KRISTEN AND ASHLEY!! Ur 2 favorite young GODDESS up all day READY2play!! :-) CALL NOW!! Victims were taken from the Rochester area to Buffalo, Syracuse, Albany, Utica, and New Jersey in order to engage in prostitution activities and avoid detection by law enforcement. To keep control over the victims, Jones and the others kept the money victims earned from prostitution activities, as many as 10 clients a day, and limited the victims’ communications with family and friends.
“The decision by Mr. Jones and his co-conspirators, to target females who—because of their ages or circumstances in life—were exceptionally vulnerable, was despicable,” stated United States Attorney Kennedy. “Even more depraved and diabolical was the defendant’s decision to force these vulnerable victims to engage in sex acts so that they might provide him with a revenue stream. Today’s sentence ensures that at least for the next quarter century, girls and women in this community will be protected from this predator.”
Kasandra Weeks and Christian Nartey were also convicted.
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen; Immigration and Customs Enforcement, Homeland Security Investigations, of under the direction of Special Agent-in-Charge Kevin Kelly; and the Rochester Police Department, under the direction of Chief Michael Ciminelli.Rochester Man Convicted of Fentanyl Trafficking Charges Sentenced to 60 Months in Federal PrisonRead the Press Release
CONCORD – Acting United States Attorney John J. Farley announced today that Casey Jones, 41, formerly of Rochester, New Hampshire, was sentenced to five years in federal prison for fentanyl trafficking.
Statements made in court and court filings established that during the late evening hours of March 31, 2016, a New Hampshire State Police Trooper on patrol in Dover, New Hampshire observed the defendant driving his vehicle erratically. As a result, the trooper conducted a traffic stop of the defendant’s vehicle. During the course of the traffic stop, $2,266 in cash was located on the defendant’s person. A search of the defendant’s vehicle at the scene resulted in the seizure of a digital scale, cell phone, plastic baggies commonly used for packaging narcotics, and hypodermic needles. The vehicle was towed to the New Hampshire State Police barracks and a search warrant was obtained for the vehicle. During the search, over 77 grams of fentanyl were found in a duffle bag within the vehicle.
In September of 2017, Jones pleaded guilty to unlawful possession of fentanyl with the intent to distribute. Upon his release from federal prison, Jones will serve a period of three years of supervised release.
“The United States Attorney’s Office is committed to working with our local, state and federal law enforcement partners to address the significant presence of heroin and fentanyl in New Hampshire,” said Acting U.S. Attorney Farley. “We will continue to target those who are distributing these deadly drugs in the streets of New Hampshire and to prosecute drug trafficking offenses aggressively. I commend the Trooper whose work prevented a significant amount of fentanyl from being distributed in New Hampshire.”
The investigation was conducted by the New Hampshire State Police. Assistant United States Attorney Jennifer Cole Davis prosecuted the case.
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Press Conference AdvisoryRead the Press Release
There will be a press conference today in White Plains at 11:00 a.m. to announce the arrests and federal criminal charges against a dozen gang members in the Mount Vernon area, including murder charges for the shooting deaths of 13-year-old Shamoya McKenzie and Dean Daniels.
WHO:
Joon H. Kim, Acting United States Attorney for the Southern District of New York
Michael Osborn, Assistant Special-Agent-In Charge of the New York Field Office of the FBI
Anthony Scarpino Jr., Westchester County District Attorney
WHEN:
Thursday, December 21, 2017 at 11:00 a.m.
WHERE:
U.S. Attorney’s Office, White Plains
300 Quarropas St.
White Plains, New York, NY
CONTACT:
James Margolin, Dawn Dearden, Nicholas Biase
(212) 637-2600
Palmetto Woman Sentenced to More Than Three Years on Tax Fraud ChargesRead the Press Release
Tampa, Florida – United States District Judge James D. Whittemore has sentenced Latronda Brooks to three years and six months in federal prison for theft of government funds and aggravated identity theft in connection with income tax fraud. She was taken into custody immediately following the pronouncement of her sentence today. In addition, she was ordered to pay $327,521 in restitution, representing the proceeds of the tax fraud. She pleaded guilty on June 30, 2017.
According to court documents, Brooks opened an Urban Trust Bank account in her name, doing business as Magnificent Tax Services, and used it to deposit more than $327,000 in fraudulent tax refund checks. These fraudulent checks were falsely endorsed with the taxpayer signatures and deposited with a falsely-endorsed “permission” form that purportedly gave Brooks permission to deposit third-party tax refund checks into her bank account. Brooks spent the money on personal expenditures, including paying others involved in the tax fraud, and did not provide any of the funds to the taxpayers.
This case was investigated by the Internal Revenue Service – Criminal Investigation and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kelley Howard-Allen.
Olean Man Sentenced on 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 Shawn Lebrecht, 35, of Olean, NY, who was convicted of possession of child pornography, was sentenced to 60 months in prison and 10 years supervised release by U.S. District Court Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that in early August 2016, an undercover law enforcement officer began communicating online with the defendant. Lebrecht sent the officer several images of child pornography. On August 25, 2016, a search warrant was executed at the defendant’s East Green Street residence. During the search, officers recovered a laptop computer. A forensic analysis determined the laptop contained over 300 images of child pornography. Some of the images depicted pre-pubescent children and violence.
“The public needs to understand that even in cases like this—in which there is no evidence of physical contact between the defendant and a child—there is significant harm to children,” said U.S. Attorney Kennedy. “Individuals such as Mr. Lebrecht create the demand for child pornography that fuels others to produce images of child rape, child abuse, and child exploitation. Hopefully, the prospects of serving 5 years in federal jail for even looking at this stuff is a strong enough incentive to deter others from doing what Mr. Lebrecht did.”
"As this sentencing clearly demonstrates, child predators will not be tolerated in our communities," said Kevin Kelly, Special Agent-in-Charge of HSI Buffalo. "These heinous crimes cause irreparable damage to our children and society. HSI will continue to aggressively pursue those who commit these acts."
The sentencing is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in- Charge Kevin Kelly.
Mt. Carmel Doctor Indicted for Operating A “Pill Mill” and Causing the Death of Five PatientsRead the Press Release
HARRISBURG – Attorney General Jeff Sessions and the United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dr. Raymond Kraynak, age 60, of Mt. Carmel, Pennsylvania, was indicted by a federal grand jury on December 20, 2017, in a 19-count indictment charging the unlawful distribution and dispensing of controlled substances, causing the death of five patients by the unlawful distribution and dispensing of controlled substances, and maintaining two drug-involved premises in Mt. Carmel and Shamokin, Pennsylvania. Dr. Kraynak was taken into custody today by agents of the Drug Enforcement Administration and appeared before United States Magistrate Judge Schwab for his initial appearance. He was temporarily detained until 10:00 a.m. tomorrow morning when he will appear for a bail hearing before Magistrate Judge Schwab. No date for trial was set.
According to United States Attorney David J. Freed, the indictment alleges that Kraynak, who operated two offices in Mt. Carmel and Shamokin, Pennsylvania, known as Keystone Family Medicine Associates, prescribed approximately 2.7 million units of oxycodone, hydrocodone, oxycontin and fentanyl to approximately 2,838 patients between January 2016 through July 31, 2017. During that time period, he was the top prescriber of those drugs in the Commonwealth of Pennsylvania.
The indictment further alleges that on multiple occasions between 2005 and 2016 that Dr. Kraynak prescribed these opioids to multiple patients outside of the usual course of professional practice and without a legitimate medical purpose, including prescribing the opioids without conducting a proper medical examination, inadequately verifying the patient’s medical complaint, and failing to assess the risk of abuse by individual patients.
The indictment further alleges that Dr. Kraynak caused the death of five of his patients between 2013 and 2015 by unlawfully distributing and dispensing controlled substances to them that ultimately led to their death. Dr. Kraynak is also charged in two additional counts with maintaining drug-involved premises at his offices located in Mt. Carmel and Shamokin, Pennsylvania, and the government is seeking the forfeiture of those two offices, his Pennsylvania medical license and $500,000.
"One American dies of a drug overdose every nine minutes, and millions of Americans are living with an addiction to opioids," Attorney General Sessions said. "This is the deadliest drug crisis in our history, and it's unconscionable that some doctors and medical professionals would violate their oaths to exploit it for cash. The Trump administration will not tolerate fraud of any kind. That's why earlier this year, this Department conducted the largest health care fraud takedown in American history, arresting more than 120 defendants on opioid-related charges. We will remain relentless and will take this fight to street dealers, corrupt doctors, and the companies that have helped fuel this devastating crisis. I believe we will ultimately turn the tide of this historically devastating epidemic."
“These serious charges are the culmination of a substantial commitment of Federal, State and Local law enforcement resources specifically directed at one of the root causes of our current epidemic of heroin and opioid abuse: unlawful over-prescription of highly addictive and dangerous drugs,” said United States Attorney Freed. “The sheer number of pills prescribed in this case is staggering. Death or serious injury was the inevitable result of this defendant’s conduct. I am particularly thankful to the Drug Enforcement Administration, Attorney General Josh Shapiro, the Pennsylvania State Police, the Mt. Carmel Borough Police and the Schuylkill County Drug Task Force for their hard work in this case.”
“The allegations against Dr. Kraynak in this indictment are deeply disturbing, especially given that he is accused of causing the death of five of his patients through the unlawful distribution of controlled substances such as oxycodone and hydrocodone,” said Gary Tuggle, Special Agent in Charge of the Drug Enforcement Administration’s Philadelphia Field Division. “At the height of the most devastating drug epidemic in our nation’s history that has claimed tens of thousands of lives across the country, the DEA, working with our partners such as, the U.S. Attorney’s Office, Attorney General Josh Shapiro and the Pennsylvania State Police, will aggressively work to identify, investigate, and prosecute rogue doctors that are responsible for contributing to this epidemic through their alleged criminal activity.”
“My office will relentlessly pursue medical professionals who divert prescription drugs from their intended purpose, especially when that diversion results in death,” Attorney General Josh Shapiro said. “Thanks to law enforcement collaboration and the strong work of U.S. Attorney David J. Freed, this doctor, who prescribed 2.7 million opioids to fewer than 3,000 patients over 18 months, will be prosecuted. I’m proud that our office partnered with U.S. Attorney Freed and his office to pursue charges in this case and put an end to this doctor’s crimes.”
This case was investigated by the Drug Enforcement Administration, with assistance from the Pennsylvania State Police, the Pennsylvania Office of Attorney General, the Mt. Carmel Borough Police Department and the Schuylkill County Drug Task Force. Assistant United States Attorneys William Behe and Fran Sempa are prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments and 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.
Kraynak faces a mandatory minimum term of 20 years’ imprisonment up to life on each of the five counts where patients are alleged to have died as a result of taking the controlled substances Kraynak prescribed them. Kraynak faces up to 20 years’ imprisonment on each of the 12 counts alleging that he prescribed controlled substances to specific patients outside of the usual course of professional practice and not for a legitimate medical purpose. Each of the two counts charging Kraynak with maintaining drug involved premises is punishable as well by up to 20 years’ imprisonment. 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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Montegut Man Sentenced for Possession of Child PornographyRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that TYLER DAVIS, age 22, of Montegut, Louisiana, was sentenced today after previously pleading guilty for crimes involving the sexual exploitation of children.
U.S. District Judge Mary Ann Vial Lemmon sentenced DAVIS to 109 months incarceration, to be followed by ten years of supervised release.
According to court documents, beginning at an unknown time to on or about July 13, 2015, DAVIS knowingly possessed images and videos depicting the sexual victimization of minors. DAVIS entered a plea of guilty to possessing a Samsung Galaxy cell phone that contained pre-pubescent images and videos of children less than twelve-years-old.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Acting U.S. Attorney Evans praised the work of the U. S. Department of Homeland Security, Homeland Security Investigations (HSI Houma), HSI Ottawa, and the York Regional Police Special Victim’s Unit, Ottawa, Canada in investigating this matter. The prosecution of this case was handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba.
Monroe County Man Charged with Sex and Drug TraffickingRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Fredrick Brown, age 35, of Monroe County, Pennsylvania, was indicted on December 19, 2017, by a federal grand jury on sex and drug trafficking charges.
According to United States Attorney David J. Freed, the indictment was unsealed on December 20, 2017, and alleges that between 2011 and 2014 Brown trafficked multiple women as prostitutes through force, threat, and coercion. One of the victims Brown is alleged to have forced to commit commercial sex acts was under the age of eighteen. The indictment further charges Brown with distribution and possession with intent to distribute over 280 grams of cocaine base, or “crack.”
The case was investigated by the U.S. Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Sean A. Camoni.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments 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 for this offense is a life term of imprisonment, a term of supervised release following imprisonment, and a 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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Monongalia County woman pleads guilty to drug distribution chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Morgantown, West Virginia woman has admitted to a drug distribution charge, United States Attorney Bill Powell announced.
Jayla Shade, age 21, pled guilty to one count of “Unlawful Use of Communication Facility.” Shade admitted to using a phone to distribute and assist in a conspiracy to distribute oxycodone. The crime occurred in Monongalia County in February 2017.
Shade faces up to four years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Metro Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Mission Viejo Man Indicted on Federal Charges for Allegedly Bilking Employer Out of Nearly $1 Million for Services Never ProvidedRead the Press Release
UPDATEPursuant to a motion by the government, the case against defendant John Bauche described in the news release below was dismissed by the court on November 30, 2021.
SANTA ANA, California – A Mission Viejo man who allegedly bilked his employer out of nearly $1 million by using his consulting company to submit bills for internet marketing services that were not performed has been indicted by a federal grand jury.
John Bauche, 36, was named in a six-count indictment returned yesterday by the grand jury. The indictment specifically charges Bauche with five counts of mail fraud and one count of money laundering.
Bauche was employed by Masimo, an Irvine medical technology company that developed patient monitoring equipment. While employed there, Bauche was assigned to enhance the internet profile of Masimo and the Patient Safety Movement Foundation (PSM) – a philanthropic organization established by the owner of Masimo – through search engine optimization (SEO).
The indictment alleges that Bauche set up a company called Boundless Rise LLC in early 2014 to perform SEO work for Masimo. Bauche allegedly failed to disclose to Masimo that he controlled Boundless Rise and falsely claimed that Boundless Rise was the best qualified vendor to perform the SEO work.
Bauche submitted false invoices through Boundless Rise to his employer between February 2014 and July 2016 for work that was not performed, according to the indictment, which further alleges that very little of the money paid to Boundless Rise went to anyone other than Bauche.
As a result of the fraudulent scheme, Masimo and PSM paid Boundless Rise approximately $958,000, some of which was used to pay Bauche’s American Express bills after he made purchases from Amazon, airlines, Uber, domestic and foreign hotels, and concert venues, the indictment alleges. In November 2016, the FBI seized $642,643 of the allegedly stolen funds from the Boundless Rise bank account.
Bauche is expected to be ordered to appear for an arraignment in United States District Court in early 2018.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
If he were to be convicted of all counts alleged in the indictment, Bauche would face a statutory maximum sentence of 120 years in federal prison.
The investigation into Bauche’s alleged scheme is being conducted by the Federal Bureau of Investigation.
This case against Bauche is being prosecuted by Assistant United States Attorney Gregory Staples of the Santa Ana Branch office.
Mexican National Pleads Guilty to Illegal Use of a Social Security Number, False Claim to United States Citizenship, Illegal Reentry of a Removed Alien and Identity TheftRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that LUIS ALBERTO TEJEDA-QUIROZ, age 32, a citizen of Mexico, pled guilty today to a 4-count Superseding Bill of Information charging him with to illegal use of a social security number, false claim to United States citizenship, illegal reentry of a removed alien and identity theft.
According to court documents, TEJEDA-QUIROZ, for the purpose of obtaining employment and for other purposes, did falsely represent that a Social Security Number was assigned to him by the Commission of Social Security when TEJEDA-QUIROZ knew that Social Security Number had not been assigned to him. Additionally, TEJEDA-QUIROZ falsely represented himself to be a citizen of the United States. TEJEDA-QUIROZ was found in the United States on or about August 13, 2017, after having been previously removed therefrom on or about December 31, 2009. Lastly, TEJEDA-QUIROZ knowingly possessed and used a Kentucky state driver’s license, knowing that the means of identification belong to another actual person.
TEJEDA-QUIROZ admitted to being previously convicted of a felony, which subjects him to a maximum term of imprisonment of ten years for illegally reentering the United States. Additionally, TEJEDA-QUIROZ is subject to terms of imprisonment of up to five years for illegal use of the social security number, five years for identity theft, and three years for falsely claiming U.S. citizenship.
Acting U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement - Homeland Security Investigations in investigating this matter. Assistant U.S. Attorney Chandra Menon is in charge of the prosecution.
Mexican Citizen Sentenced to Six Months for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Dario Sanchez-Rosas, age 56, and a citizen of Mexico, was sentenced today to 6 months in prison for illegally re-entering the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
Sanchez-Rosas, a citizen of Mexico, admitted that he was removed from the United States to Mexico three times in 2001. On August 24, 2017, an ICE Officer arrested Sanchez-Rosas in Guilderland, New York. Sanchez-Rosas did not have permission to re-enter the United States following the 2001 removals.
Senior United States District Judge Norman A. Mordue also ordered Sanchez-Rosas to serve a 1-year term of supervised release should he remain in the United States after completion of the prison term. Sanchez-Rosas will be processed for removal from the United States when he is released from prison.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Medical Doctor Indicted for Causing Patient’s Overdose Death in Staten IslandRead the Press Release
A second superseding indictment was unsealed today in federal court in Brooklyn charging medical doctor Martin Tesher with unlawfully prescribing oxycodone and fentanyl to a patient, Nicholas Benedetto, without legitimate medical purpose, which resulted in Benedetto’s overdose death on March 5, 2016 in Staten Island. Dr. Tesher was previously indicted for unlawfully prescribing thousands of oxycodone pills to patients without a legitimate medical purpose. Dr. Tesher’s arraignment on the second superseding indictment is scheduled for this afternoon before United States Magistrate Judge Steven M. Gold.
Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, and James J. Hunt, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), announced the superseding indictment.
“As alleged, instead of providing his opioid addicted patients with medically appropriate and lawful care, Dr. Tesher quite literally fed their addiction, and, in this case, his actions resulted in the death of a patient,” stated Acting United States Attorney Rohde. “This Office and our law enforcement partners are committed to holding accountable those medical professionals who foster the opioid crisis for personal gain.”
“This investigation led law enforcement to a drug dealer using his doctor’s office as a front for opioid trafficking,” stated DEA Special Agent-in-Charge Hunt. “Dr. Tesher enabled drug addiction by prescribing medication beyond the scope of legitimate medical practice and need. Allegedly, his actions resulted in death. Law enforcement has and will continue to pool resources in order to identify drug sources who feed addiction in our communities.”
As alleged in court filings, the defendant operates a family medical practice in Manhattan. He was authorized by the DEA to treat up to 30 drug-addicted patients by prescribing them Schedule III, IV or V narcotics to ease their addiction. Dr. Tesher has, in fact, treated countless patients who identified as or whom he determined to be drug addicts. Instead of diverting those addicted patients to drug rehabilitation or prescribing them with Schedule III, IV or V drugs as authorized by law, Dr. Tesher prescribed his addicted patients with the very drugs they were addicted to, Schedule II opioids, such as oxycodone and fentanyl. While under Dr. Tesher’s care, many of his patients tested positive for drugs such as cocaine, heroin, morphine or methadone. Even upon learning that information, Dr. Tesher continued to prescribe those patients with Schedule II narcotics that could have been lethal on their own or in combination with the other drugs Dr. Tesher knew his patients were ingesting.
According to court documents, Benedetto was one of Dr. Tesher’s patients. While under Tesher’s care, Benedetto drug tested positive for cocaine, heroin, morphine and methadone, in addition to the oxycodone and fentanyl Dr. Tesher was prescribing to him. Dr. Tesher allegedly continued to prescribe Schedule II narcotics to Benedetto despite several indicators that his patient was addictively abusing those narcotics. Benedetto died of a drug overdose on March 5, 2016, two days after he had been prescribed both oxycodone and fentanyl patches by Dr. Tesher.
If convicted of the top charge, Dr. Tesher will face a mandatory minimum of 20 years’ imprisonment and a maximum of life in prison. The charges in the superseding indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s investigation was led by the DEA’s Long Island Tactical Diversion Squad, which is comprised of agents and officers of the DEA, Internal Revenue Service, Nassau County Police Department (NCPD), Suffolk County Police Department, Port Washington Police Department, and Rockville Centre Police Department. The DEA Tactical Diversion Squad also worked in conjunction with officers and agents of the New York City Police Department, Criminal Enterprise Investigations, the Department of Health & Human Services, Office of Inspector General, New York City Department of Investigation, and NCPD’s Asset Forfeiture and Intelligence Bureau.
This case is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York as part of the Prescription Drug Initiative. In January 2012, this Office and the DEA, in conjunction with the five District Attorneys in this district, the Nassau and Suffolk County Police Departments, the New York City Police Department, and New York State Police, along with other key federal, state, and local government partners, launched the Initiative to mount a comprehensive response to what the United States Department of Health and Human Services Centers for Disease Control and Prevention called an epidemic increase in the abuse of so-called opioid analgesics. To date, the Initiative has brought over 160 federal and local criminal prosecutions, including the prosecution of 19 health care professionals, taken civil enforcement actions against a hospital, a pharmacy, and pharmacy chain, removed prescription authority from numerous rogue doctors, and expanded information-sharing among enforcement agencies to better target and pursue drug traffickers. The Initiative also is involved in an extensive community outreach program to address the abuse of pharmaceuticals
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorney Jennifer M. Sasso is in charge of the prosecution.
The Defendant:
MARTIN TESHER
Age: 81
Manhattan, New YorkE.D.N.Y. Docket No. 17-CR-523 (SJ)
Massachusetts Man Sentenced to Time-Served for Social Security FraudRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Apolonio Montes Garcia, 40, of Haverhill, Massachusetts, was sentenced yesterday in U.S. District Court by Chief Judge Nancy Torresen to time-served (about 2½ months) for social security fraud. Montes Garcia had been in custody since October 11, 2017. Montes Garcia pleaded guilty to the charge on November 14, 2017.
Court records reveal that on April 4, 2017, Montes Garcia attempted to gain entry to the Portsmouth Naval Shipyard in Kittery, Maine. At the time, Montes Garcia was working for a contractor doing repairs at the Shipyard. In order to gain entry, he was asked to provide identification. He presented Shipyard security personnel with a permanent resident card and a social security card, both bearing the same name that was not his. The social security card also bore a social security number that was not assigned to Montes Garcia.
This case was investigated by U.S. Immigration and Customs Enforcement – Enforcement Removal Operations, the U.S. Social Security Administration – Office of Inspector General, and the U.S. Naval Criminal Investigative Service
Massachusetts Man Sentenced to 17 Years in Prison for Producing Child PornographyRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that Matthew Adey, 47, of Malden Massachusetts was sentenced to 17 years in federal prison for producing child pornography.
According to statements in court and court documents, on February 26, 2017, the defendant met a 14-year-old boy in an online local interest chat group. The defendant, aware of the child’s age, requested a photograph of the child engaging in sexually explicit conduct, which the child took and sent to the defendant. The defendant continued to communicate with the child over the Internet. On March 4, 2017, the defendant traveled from Massachusetts to the child’s residence in New Hampshire. On March 4 and March 5, 2017, the defendant engaged in sexual intercourse with the child multiple times. A subsequent forensic analysis of the defendant’s computers indicated that he possessed various images and videos containing additional child pornography.
Adey, who previously pleaded guilty, will be on supervised release for ten years following his release from prison.
“Those who produce child pornography rob children of their innocence and cause immeasurable harm,” said Acting U.S. Attorney Farley. “We work closely with our law enforcement partners to identify and prosecute those who prey on minors. Lengthy sentences like this should send a clear message that this type of behavior will not be tolerated in our community.”
The investigation in this case was led by the Londonderry, New Hampshire Police Department, the Massachusetts State Police Computer Crimes Unit, and Homeland Security Investigations, with the assistance of the Massachusetts Internet Crimes Against Children Task Force and the New Hampshire Internet Crimes Against Children Task Force. The case was prosecuted by Assistant United States Attorney Georgiana L. Konesky.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Maryland Man Sentenced to 25 Years in Prison for Production of Child PornographyRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – On December 19, 2017, United States District Judge Roger W. Titus sentenced Aaron Lee Smiley, age 57, of Mechanicsville, Maryland to 25 years in prison, followed by a lifetime of supervised release, for Sexual Exploitation of a Minor for the Purpose of Producing Child Pornography. Judge Titus also ordered forfeiture of Smiley’s interest in his house because he used the computer in his home office to sexually exploit minors for the purpose of producing child pornography.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Colonel William M. Pallozzi, Superintendent of the Maryland State Police; and Sheriff Timothy K. Cameron of St. Mary’s County Sheriff’s office.
According to his plea agreement, between 2014 and 2016, Smiley had three victims ages 12 through 16 and one victim under the age of twelve. Smiley exchanged pictures, text messages, internet chats and videos with minors using a variety of programs, including Skype, ooVoo, and KIK. Smiley was entrusted with the custody, care, or supervisory control of the victim under twelve when he took pictures of the child.
During a raid of his home, Department of Homeland Security agents recovered over 100 online video recordings of chats between Smiley and one of the victims in which he entices the underage victim to engage in sexual explicit conduct for the purpose of producing visual depictions.
Acting United States Attorney Stephen M. Schenning praised the FBI, HSI, MSP, St. Mary’s County Sherriff and the Queensland Police Service in Brisbane, Australia for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Joseph Baldwin and Special Assistant U.S. Attorney Julie Finocchiaro, who prosecuted the case.
Lockland Company Sentenced for Failing to Report Large Cash Transactions, Trucking Safety ViolationsRead the Press Release
CINCINNATI – Enson Trading LLC, which does business as Eternal Food Service, was sentenced in U.S. District Court for failing to file required IRS forms for cash transactions exceeding $10,000, and for violating Federal Motor Carrier Safety regulations.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Ryan L. Korner, Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation, Thomas J. Ullom, Special Agent in Charge, U.S. Department of Transportation Office of Inspector General, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI) Cincinnati Division, announced the sentence handed down today by U.S. District Judge Timothy S. Black.
According to the Statement of Facts in this case, Enson is a Lockland-based wholesale food storage facility and distributor to primarily Asian restaurants in Ohio and nine other states, and many of the company’s customers pay in cash.
Between October 2010 and June 2012, the company failed to file a federal Form 8300 for 41 cash transactions totaling more than half a million dollars. Federal laws and regulations require every person engaged in a nonfinancial trade or business that receives cash in excess of $10,000 to file the form within 15 days of receipt of the cash.
The company also conspired to continue operation after receiving an out-of-service order from the Federal Motor Carrier Safety Administration (FMCSA).
In June 2010, FMCSA conducted a compliance review of the trucks the company used to distribute its products in Ohio and out of state and issued the company an unsatisfactory safety rating based upon critical violations of several regulations. FMCSA gave the company 60 days to address the violations or they would receive an out-of-service order.
Eight days before the company’s trucking operations were to be put out of service, the company registered and incorporated under a different name. The company did that five more times between 2010 and 2014, using the names Heng Hua, National Trucking, Eternal Trading Corporation, Aspiron and FC Logistics.
As part of its sentence, the company has been ordered to pay a $525,000 fine and forfeit $215,012.55. In July, Enson Trading, LLC manager Qing Xia Zheng entered a guilty plea on behalf of the company, which was also ordered to serve three years of probation.
U.S. Attorney Glassman commended the investigation of this case by the IRS Criminal Investigation, the U.S. Department of Transportation Office of Inspector General and the FBI, as well as District Criminal Chief Kenneth L. Parker, who is representing the United States in this case.
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Local Man Sentenced for Trafficking in Contraband CigarettesRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that JADALLAH SAED age 31, of Gretna, was sentenced yesterday after previously pleading guilty to one count of trafficking in counterfeit cigarettes.
U.S. District Judge Kurt D. Engelhardt sentenced SAED to 22 months imprisonment to be followed by a 2 year term of supervised release. SAED was additionally ordered to pay restitution in the amount of $456,611.04.
According to previously filed court documents, co-defendants JUSTIN BROWN, JOSHUA CARTHON and GARRETT PARTMAN, all local law enforcement officers at the time of the Indictment, were utilized to protect and transport the shipment of contraband cigarettes across state lines. SAED, along with co-defendants ANWAR ABDELMAJID-AHMAD and ATALLA ATALLA, would then distribute and sell the contraband cigarettes in North Carolina and other states where the cigarette taxes are higher than Louisiana, resulting in a total tax loss to the federal and state governments of between $400,000 and $900,000.
Acting U.S. Attorney Evans praised the work of the FBI New Orleans Division and Immigration and Customs Enforcement/Homeland Security Investigations. Assistant United States Attorneys Tracey N. Knight and Irene Gonzalez are in charge of the prosecution.