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9 February 2018
Convicted Felon Sentenced for Being in the U.S. IllegallyRead 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 Cesar Cruz-Perez, 35, of Mexico, who was convicted of being a removed alien found in the United States subsequent to a conviction for an aggravated felony, was sentenced to 21 months in prison by Chief U.S. District Judge Frank P. Geraci Jr.
Assistant U.S. Attorney Jonathan Cantil, who handled the case, stated that on August 9, 2017, the defendant, a citizen of Mexico, was located in Clarence, NY. Cruz-Perez admitted to law enforcement officers that he was illegally present in the United States. A subsequent record check determined that in 2004, the defendant was convicted in New Jersey of possessing a Controlled Dangerous Substance on school property, a felony offense. Cruz-Perez was also previously removed to Mexico on two separate occasions in 2007.
The sentencing is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman.
Convicted Bank Robber who Escaped from Renewal Center Gets More Prison TimeRead the Press Release
PITTSBURGH – Walter Cody Tribble was sentenced to a prison term of 12 months and one day for escaping from federal custody following a prior federal felony conviction, United States Attorney Scott W. Brady announced today.
Chief United States District Judge Joy Flowers Conti imposed the sentence on Tribble, age 43, who formerly resided in Slippery Rock, Pennsylvania. Tribble was also sentenced to serve three years of supervised release following the expiration of his prison sentence.
Prior to imposing the sentence, the Court was informed that, in 2010, Tribble was sentenced to 110 months in federal prison for three armed bank robbery convictions. As of December 3, 2016, Tribble was in pre-release custody at the Renewal Center in Pittsburgh serving the last part of his federal prison sentence. On that date, Tribble was authorized to leave Renewal to go to a local business, but he was required to return by a particular time on that date. Tribble never returned to Renewal. On January 18, 2017, the United States Marshals Service arrested Tribble after tracking him down at a residence in Guys Mills, Crawford County, Pennsylvania.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The United States Marshals Service and the Crawford County Sheriff’s Office conducted the investigation leading to the conviction and sentence in this case.
Colorado Business Owner Indicted for Tax EvasionRead the Press Release
A grand jury in Denver, Colorado, returned an indictment on Jan. 24, which was unsealed today, charging a health care products business owner and landlord with tax evasion and failing to file personal tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Bob Troyer for the District of Colorado.
According to the indictment, Craig Walcott, of Monument, Colorado, attempted to evade payment of his 2005 through 2007 federal income taxes and failed to file his 2012 through 2014 personal tax returns. The indictment alleges that in April of 2010, the Internal Revenue Service (IRS) assessed Walcott taxes, penalties and interest of more than $450,000 for tax years 2005 through 2007. Walcott allegedly then sought to prevent the IRS from collecting the taxes owed. According to the indictment, Walcott filed fraudulent tax returns underreporting his income, transferred property that he owned into the names of nominee entities, created and filed false documents with multiple county clerk offices to make it appear that properties he owned were encumbered, and fired a property management company to prevent it from complying with an IRS levy ordering that rent proceeds received by Walcott be paid to the IRS. The indictment further alleges that Walcott did not file his 2012 through 2014 personal tax returns.
If convicted, Walcott faces a statutory maximum sentence of five years in prison on the tax evasion count and one year in prison on each of the failure to file counts. He also faces a period of supervised release, restitution and monetary penalties.
An indictment merely alleges that a crime has been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Troyer commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorneys Lee Langston and Andrew Kameros of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Central Iowa Insurance Agent Charged with Defrauding ClientsRead the Press Release
DES MOINES, IA – On January 23, 2018, Roger Duane Goodwin, age 59, of Windsor Heights, Iowa, was charged with seven counts of mail fraud announced United States Attorney Marc Krickbaum.
According to the Indictment, Goodwin owned and operated “Goodwin Network of Advisors, Inc.” which was also referred to as “Goodwin Network”, “GN of A”, and “GNA Corp.” and sold life insurance, annuities, and similar investment products to individuals in the Des Moines and Houston, Texas areas. From at least February 2013 and continuing through at least August 2016, Goodwin advised several of his clients to purchase insurance products from him. Instead of purchasing insurance policies or contracts for these clients, Goodwin deposited the clients’ checks into a bank account associated with Goodwin Network of Advisors – which only Goodwin and his spouse could access. The indictment alleges Goodwin kept all or large portions of the funds and used the money for unauthorized purposes that were not for the benefit of the affected clients. Goodwin used his clients’ money, unbeknownst to them, for his personal expenses, directly repaying other clients of Goodwin’s, and making payments to the insurance companies for the benefit of other clients whose money Goodwin had failed to earlier send to the insurance company.
Goodwin has a preliminary trial date of April 2, 2018, before United States District Court Judge Rebecca Goodgame Ebinger, at the Des Moines Federal Courthouse. Mail Fraud is punishable by a maximum prison term of twenty years and a maximum fine of $250,000.
The public is reminded that an indictment is only an accusation, and the defendant is presumed innocent unless and until proven guilty.The Federal Bureau of Investigation investigated this matter. The case is being prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Canton man sentenced to nearly 10 years in prison for drug and firearms crimesRead the Press Release
A Canton man was sentenced to nearly 10 years in federal prison for drug and firearms crimes, law enforcement officials said.
Eric L. McReynolds, 47, was sentenced to 117 months in prison by U.S. District Judge Donald C. Nugent. McReynolds was previously found guilty of possession of crack cocaine with intent to distribut and use of firearms in relation to drug trafficking..
McReynolds possessed crack cocaine, several firearms and other items indicative of drug trafficking on September 15, 2016, according to court documents.
This case was prosecuted by Assistant U.S. Attorney Aaron P. Howell following an investigation by the ATF, FBI and Canton Police Department.
Canadian Citizen Sentenced for Cash SmugglingRead 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 Richard Clarke, 49, a Canadian citizen residing in Buffalo, who was convicted of bulk cash smuggling out of the United States, was sentenced to 24 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on November 16, 2016, Clarke transported more than $10,000 in United States currency from the U.S. into Canada. However, the defendant failed to report the transportation of the currency, which he was legally required to do.
Clarke was charged in this case along with co-defendants Joshua Castro and Barrett Johnson. Castro has been convicted of conspiracy to distribute controlled substances for conspiring with others to possess and distribute “Molly,” a Scheduled I controlled substance. Charges are pending against Johnson. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Border Enforcement Security Taskforce which includes the Ontario Provincial Police, Niagara Regional Police, Peel Regional Police and Toronto Police Services.
California Man Sentenced to 151 Months in Prison for Conspiracy to Commit Arson and ExtortionRead the Press Release
LAS VEGAS, Nev. – A California man who was convicted of conspiracy to burn down a local business and extortion was sentenced Thursday to 151 months in prison, announced U.S. Attorney Dayle Elieson for the District of Nevada.
Joel Kenneth Ausbie, 53, of Fontana, California, was previously found guilty by a jury of one-count of conspiracy to commit arson and one-count of committing extortion by force or threat of injury. United States District Judge James C. Mahan presided over the three-day jury trial and the sentencing hearing.
According to the superseding indictment and other court documents, Ausbie recruited and paid co-defendant Joseph A. Strickland to discharge a firearm into Ausbie’s estranged common law wife’s parents’ home. He wanted to compel his estranged wife to return money that he believed belonged to him. Ausbie could not locate his estranged wife who was in hiding, and instead targeted her family members to obtain payment.
On October 20, 2015, at approximately 1:00 a.m., following Ausbie’s orders, Strickland went to the parents’ home and shot a revolver six times into the occupied residence. He then threw vice grips into a window with a note attached demanding that Ausbie’s estranged wife return the money to Ausbie. The note read: “…This is a warning! Ima touch everything you love in a vicious way! Return that money or continue to rest easy with your families’ blood on you hands… Give me my money! Ima kill kill kill and kill.”
Ausbie and co-defendant Calvin Robinson subsequently sent a series of text messages to the parents threatening that if the money was not returned to Ausbie, then they would be killed. Ausbie then recruited Strickland to set fire to the parents’ business, Las Vegas Kettle Corn & Special Events, LLC, in Henderson. Robinson provided Strickland with directions and a note for him to tape to the front window of the business after setting the fire. The note read: “I still don’t have my money. This is the last warning! Next time someone is going to be dead.”
On October 30, 2015, Strickland set fire to the business as directed and left the note. The business was heavily damaged by the fire and was permanently closed. Ausbie recruited Strickland to set another fire to the parents’ second store location at the Downtown Container Park on Fremont Street. However, law enforcement arrested Ausbie prior to him arranging payment for the arson, and, as a result, that arson did not occur.
Robinson, 42, of Pomona, Calif., pleaded guilty and was sentenced to 108 months in prison. Strickland, 35, pleaded guilty and was sentenced to 30 months in prison.
The case was investigated by the FBI and the Las Vegas Metropolitan Police Department. Assistant U.S. Attorneys Lisa Cartier-Giroux and Cristina D. Silva prosecuted the case.
To report a tip about suspicious arson activity contact the Bureau of Alcohol, Tobacco, Firearms and Explosives at 1-888-ATF-FIRE (283-3473) or visit www.reportit.com.
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Buncombe County Man Pleads Guilty to First Degree MurderRead the Press Release
ASHEVILLE, N.C. – Seth Willis Pickering, 38, of Leicester, N.C. pleaded guilty today to first-degree murder for killing his daughter, Lila Pickering, within the boundaries of the Blue Ridge Parkway, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina.
“Our hearts go out to Lila’s family. No action by the criminal justice system can soothe the pain of their loss,” said U.S. Attorney Murray in announcing today’s guilty plea. “This is an outcome reached after consideration of all the facts and circumstances of this case. By allowing the defendant to plead guilty and serve a life sentence without the possibility of parole, we will spare the family the trauma of a lengthy trial and decades of appeals. We hope this resolution brings some comfort to the family of Lila Pickering.”
Seth Pickering appeared before U.S. District Judge Max. O. Cogburn, Jr. and admitted to killing his daughter on September 9, 2016, within the boundaries of the Blue Ridge Parkway. Pickering further admitted that he killed Lila Pickering, who had not attained the age of 18 years and was under his care and control, willfully, deliberately, maliciously and with premeditation. Pickering’s plea agreement, which the Court has accepted, provides that the defendant will receive a sentence of life in prison without any possibility of parole for his crime.
Pickering remains in federal custody. A sentencing date has not been set.
In making today’s announcement U.S. Attorney Murray thanks the FBI, the National Park Service and the Buncombe County Sheriff’s Office for their investigation of the case.
Assistant U.S. Attorneys David Thorneloe and John Pritchard of the U.S. Attorney’s Office in Asheville are in charge of the prosecution.
Buffalo Man Pleads Guilty for His Role in A Drug Trafficking Ring Linked to A Mexican Drug CartelRead 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 Pethrod Dunnigan, 40, of Buffalo, NY, pleaded guilty to conspiracy to distribute five kilograms or more or cocaine, and money laundering conspiracy before U.S. District Judge Elizabeth A. Wolford. The charges carry a mandatory minimum penalty of 10 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 between 2012 and March, 2016, the defendant conspired with Jose Manuel Lua-Guizar, Gerardo Ballardo, Enrique Munoz, Max Riestra, and others, to distribute cocaine and hide the proceeds from the illegal drug sales.
Co-defendants Ballardo and Lua-Guizar received shipments from California and then sold the cocaine to Dunnigan and others. The defendant paid $35,000 for each kilogram of cocaine received and then took the kilograms of cocaine to an apartment building on Delaware Avenue and store them in an abandoned apartment.
Most of the drug proceeds were sent back to California by structured deposits made under the $10,000 reporting requirement at Bank of America branches. Dunnigan made multiple structured deposits at different Bank of America branches. The defendant and his co-conspirators accounted for over $1,000,000.00 in structured deposits in Buffalo. A ledger for structured deposits was recovered from a stash house in California. In that stash house, law enforcement officers also recovered shipping materials, 21 kilograms of cocaine, and three kilograms of heroin. On at least one occasion, the defendant shipped about $500,000 in U.S. currency to California by hiding the cash in a small refrigerator within a crate.
A total of seven defendants have been indicted in this sophisticated drug trafficking organization with ties to a Mexican drug cartel operating out of the Los Angeles, California area. The organization shipped drugs to various states including New York, New Jersey, Illinois, Colorado, and Ohio. To date, four defendants have been convicted. Charges are pending against the remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; Immigration and Custom Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office. Additional assistance was provided by ICE-HSI in Los Angeles, California.Sentencing is scheduled for May 8, 2018, at 3:00 p.m. before Judge Wolford.
Betel Paulino Sentenced in Connection with Armed Robbery of McDonald’s Restaurant in Lockhart Shopping CenterRead the Press Release
St. Thomas, USVI – Betel Paulino, 18, of the Dominican Republic, was sentenced Thursday for his role in the armed robbery of the McDonald’s restaurant in Lockhart Shopping Center, United States Attorney Gretchen C.F. Shappert announced.
District Court Judge Curtis V. Gomez sentenced Paulino to 90 months in prison for conspiracy to commit Hobbs Act robbery, and 84 months for discharge of a firearm during a federal crime of violence. Judge Gomez also sentenced Paulino to five years of supervised release, and ordered him to pay a $200 special assessment and perform 400 hours of community service.
On July 27, 2017, Paulino pleaded guilty to conspiracy to commit Hobbs Act robbery and discharge of a firearm during a federal crime of violence. According to documents filed in court, on March 25, 2017, members of the Virgin Islands Police Department (VIPD) responded to reports of a robbery at the McDonald’s restaurant in Lockhart Shopping Center. After an exchange of gunfire, the armed individuals inside the McDonald’s restaurant surrendered to law enforcement and were taken into custody. Paulino was arrested after the investigation revealed that he was involved in the planning, execution, and attempted cover-up of the robbery.
The case was investigated by the Federal Bureau of Investigations, Bureau of Alcohol, Tobacco and Firearms, and VIPD. The case was prosecuted by Assistant U.S. Attorney Sigrid M. Tejo-Sprotte and former Criminal Chief Christian A. Fisanick.
Berkeley County woman sentenced for heroin distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Brandy May, of Martinsburg, West Virginia, was sentenced today to three years probation for her role in a heroin distribution operation, United States Attorney Bill Powell announced.
May, age 36, pled guilty to one count of “Conspiracy to Distribute Heroin” in October 2017. She admitted to conspiring with others to distribute heroin in Berkeley County in February and March 2017.
Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecutor’s Office, prosecuted the case on behalf of the government. The Eastern Panhandle Drug and Violent Crime Drug Task Force, a HIDTA-funded initiative, investigated
Chief U.S. District Judge Gina M. Groh presided.
Berkeley County man sentenced for heroin distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Gregory Everett Mosby, of Inwood, West Virginia, was sentenced today to 27 months incarceration for heroin distribution, United States Attorney Bill Powell announced.
Mosby, age 42, pled guilty to one count of “Possession with Intent to Distribute Heroin” in November 2017. Mosby admitted to being in possession of heroin with the intent of distributing in September 2013 in Berkeley County.
Assistant U.S. Attorney Lara K. Omps-Botteicher prosecuted the case on behalf of the government. The Bureau for Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Agency investigated.
Chief U.S. District Judge Gina M. Groh presided.
Berkeley County man sentenced for heroin distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Tracey Leroy Boarman, Jr., of Falling Waters, West Virginia was sentenced today to 51 months incarceration for heroin distribution, United States Attorney Bill Powell announced.
Boarman, age 28, pled guilty to one count of “Conspiracy to Distribute Heroin” in October 2017. Boarman admitted to distributing more than 100 grams of heroin in Berkeley and Jefferson Counties from October 2015 to March 2017.
Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, is prosecuting the case on behalf of the government. The Federal Bureau of Investigation and the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative investigated.
Chief U.S. District Judge Gina M. Groh presided.
Bedford Woman Sentenced to Probation for Conspiring to Distribute Controlled SubstancesRead the Press Release
JOHNSTOWN, Pa. – A resident of Bedford, Pa. has been sentenced in federal court in Johnstown to one year probation on her conviction of conspiracy to distribute, possess with intent to distribute and distribution of quantities of various Schedule IV controlled substances, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on Damaris Rispoli, age 56, of Bedford, Pa.
According to information presented to the court, from in and around Aug. 2014, to on or about May 20, 2015, Rispoli conspired with another to distribute and possess with intent to distribute quantities of Tramadol, Zolpidem, Clonazepam, Lorazepam, and Carisoprodol, and on or about May 20, 2015, Rispoli possessed with intent to distribute Carisoprodol, and distributed quantities of Tramadol, Zolpidem, Clonazepam, and Lorazepam.
Assistant United States Attorney John J. Valkovci, Jr., prosecuted this case on behalf of the government.
U.S. Attorney Brady commended the Department of Homeland Security for the investigation that led to the successful prosecution of Rispoli.
Baltimore man sentenced to more than 12 years for heroin distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Christian Blunt, of Baltimore, Maryland was sentenced today to 151 months incarceration for heroin distribution, United States Attorney Bill Powell announced.
Blunt, age 25, pled guilty to one count of “Conspiracy to Distribute Heroin” in October 2017. Blunt admitted to distributing more than 100 grams of heroin in Berkeley and Jefferson Counties from October 2015 to March 2017.
Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, prosecuted the case on behalf of the government. The Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.Babysitter Pleads Guilty to Producing Child PornographyRead the Press Release
WICHITA, KAN. – A Wichita woman pleaded guilty Friday to producing child pornography while she was babysitting a seven-year-old girl in her home, U.S. Attorney Stephen McAllister said.
Stefanie Larsen, 46, Wichita, Kan., pleaded guilty to one count of production of child pornography. In her plea, she admitted she allowed a man to produce a series of videos in which he masturbated in the presence of the sleeping child. When the child awoke and cried out, Larsen told her she had just had a bad dream. The man paid Larsen to let him make the videos.
Sentencing is set for April 25. Both parties have agreed to recommend a sentence of 17.5 years. Beall commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.
Associate Attorney General to Leave Justice Department for Private SectorRead the Press Release
Today the Department of Justice announced that Associate Attorney General Rachel Brand will leave the Department of Justice in the coming weeks to take a position in the private sector.
“Rachel Brand is a lawyer’s lawyer,” Attorney General Jeff Sessions said. “She is a graduate of Harvard Law School, clerked at the Supreme Court, she worked at the White House, in academia, and has served in leadership positions spanning three administrations. As Associate Attorney General, she has played a critical role in helping us accomplish our goals as a Department—taking on human trafficking, protecting free speech on campus, and fighting sexual harassment in public housing. And when I asked her to take the lead in the Department’s efforts on Section 702 re-authorization, she made this her top priority and combined her expertise and gravitas to help pass legislation keeping this crucial national security tool. Rachel has shown real leadership over many important divisions at the Department. I know the entire Department of Justice will miss her, but we join together in congratulating her on this new opportunity in the private sector. She will always remain a part of the Department of Justice family.”
“The men and women of the Department of Justice impress me every day,” Associate Attorney General Rachel Brand said. “I am proud of what we have been able to accomplish over my time here. I want to thank Attorney General Sessions for his leadership over this Department. I’ve seen firsthand his commitment to the rule of law and to keeping the American people safe.”
Rachel Brand has served as Associate Attorney General since May 22, 2017.
As Associate Attorney General, she has served as the third-ranking officer in the Department of Justice and oversees the following Department components: Antitrust Division, Civil Division, Civil Rights Division, Environment and Natural Resources Division, Tax Division, Executive Office for U.S. Trustees, Office of Justice Programs, Community Oriented Policing Services (COPS), Office on Violence Against Women, Community Relations Service, Office of Access to Justice, Office of Information Policy, Foreign Claims Settlement Commission, and the Service members and Veterans Initiative. She also serves as the Department’s Regulatory Reform Officer and chairs the Regulatory Reform Task Force.
Before becoming Associate Attorney General, Ms. Brand had a diverse legal career in public service and in the private sector. From 2012 to 2017, she served as one of five Senate-confirmed Members of the Privacy and Civil Liberties Oversight Board, appointed by President Barack Obama. In that capacity, she provided advice and oversight to U.S. counterterrorism agencies to ensure that privacy and civil liberties are balanced with national security objectives.
Ms. Brand previously served in the Department of Justice from 2003 to 2007, first as the Principal Deputy Assistant Attorney General for the Office of Legal Policy, and then as the Senate-confirmed Assistant Attorney General for Legal Policy, appointed by President George W. Bush. In that capacity, Ms. Brand served as chief policy adviser to the Attorney General, handling a broad range of national security, law enforcement, and civil justice issues. She also oversaw the development of all regulations promulgated by the Department of Justice and managed the Department's role in selecting federal judges, including running the confirmation process for Chief Justice John G. Roberts and Associate Justice Samuel Alito. Earlier, Ms. Brand was an Associate Counsel to President George W. Bush in the White House.
Outside of the federal government, Ms. Brand has been an Associate Professor of law at George Mason University’s Antonin Scalia Law School, an adjunct professor at George Washington University Law School, and a lawyer in private practice in Washington, D.C.
She served as a law clerk to Associate Justice Anthony M. Kennedy of the Supreme Court of the United States during the 2002 – 2003 Term and to Justice Charles Fried of the Supreme Judicial Court of Massachusetts. Ms. Brand graduated from Harvard Law School, where she served as deputy editor-in-chief of the Harvard Journal of Law and Public Policy, and earned a B.A. from the University of Minnesota-Morris.Armed Drug Traffickers from Marion and Linn County Receive Federal Prison SentencesRead the Press Release
EUGENE, Ore. – On Thursday, February 8, 2018, U.S. District Court Judge Ann Aiken sentenced Eric Nathaniel Agee, 39, of Linn County, Oregon, to 15 years in federal prison for possession of methamphetamine and a stolen firearm. The day prior, on Wednesday, February 7, 2018, Judge Aiken sentenced Shawna Marie Smith, 30, also a resident of Linn County, to 10 years in prison for aiding and abetting Agee in distribution of methamphetamine. Agee and Smith had previously pleaded guilty to the crimes for which they were sentenced on August 22 and 23, 2017, respectively.
According to court documents and statements, on March 16, 2016, Agee and Smith were arrested after delivering 112 grams of methamphetamine to a hotel room in Marion County and 100 grams to a rest stop in Linn County. A stolen and loaded .22 caliber pistol was found under the front seat of their vehicle. Police later seized an additional 260 grams of methamphetamine and $2,117 in cash from a hotel room the Agee and Smith had previously occupied.
Agee had prior felony convictions for possession and delivery of methamphetamine and was on post-prison supervision when he committed these crimes. Smith had a prior felony conviction for possession of heroin and was on probation when arrested.
The defendants’ guilty pleas, admissions of guilt and sentencing recommendations were part of plea agreements negotiated with the U.S. Attorney’s Office for the District of Oregon, Linn County District Attorney Douglas Marteeny and Marion County District Attorney Walter Beglau.
This case was investigated by the U.S. Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Oregon State Police, the Benton and Linn County Sheriff’s Offices, and the City of Albany Police Department. It was prosecuted by Frank R. Papagni Jr., Assistant U.S. Attorney for the District of Oregon, with the assistance of Marion County Deputy District Attorneys Keir Boettcher and Katie Suver.
Arcadia-Based Methamphetamine Trafficker Sentenced to over Seventeen Years in PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich today sentenced Antonio Chavez (34, Arcadia), a/k/a “Cino,” to 17 ½ years in federal prison for conspiracy to distribute more than 500 grams of methamphetamine and for possessing over 500 grams of methamphetamine with the intent to distribute it. The Court also ordered him to forfeit a Ford F250 truck that had been used to facilitate the offenses. In addition, $37,182 in cash was administratively forfeited as proceeds of the conspiracy.
Chavez pleaded guilty on May 4, 2017. His co-defendants, Johnny Carter and Adam McCumber, were previously sentenced to 15 years and 3 years and 10 months in prison, respectively.
According to court documents, Chavez was a supplier of methamphetamine in DeSoto and Manatee counties. In the fall of 2015, he arranged for the sale of methamphetamine to a confidential source on two occasions. Carter delivered the methamphetamine in the first sale, and McCumber made the delivery in the second sale. After a third deal to deliver a pound of methamphetamine in Myakka City (Manatee County) was agreed upon, law enforcement obtained a search warrant for Chavez’s house in Arcadia. Inside, agents found over 700 grams of methamphetamine and $37,000 in cash.
This case was investigated by the Drug Enforcement Administration, U.S. Customs and Border Patrol, the Lakeland Police Department, the Hardee County Sheriff’s Office, and the Plant City Police Department. It was prosecuted by Assistant United States Attorney Dan Baeza.
Alabama Man Convicted of Sex Trafficking of a MinorRead the Press Release
A federal jury convicted an Alabama man of sex trafficking of a minor and conspiracy to commit sex trafficking of a minor, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Louis V. Franklin Jr. of the Middle District of Alabama.
Michael Graham Lowe, 25, of Prattville, Alabama, was found guilty yesterday after a four-day trial before U.S. District Judge L. Scott Coogler of the Northern District of Alabama. A sentencing date has not yet been scheduled.
“These defendants manipulated and sexually exploited a child in order to feed their own illegal drug habit,” said Acting Assistant Attorney General Cronan. “Thanks to the hard work and dedication of our prosecutors and federal, state and local law enforcement partners, they will be held to account for their crimes. This case is representative of the Department’s commitment to ending the sex trafficking of children, which all too commonly is facilitated by online advertisements, and bringing their traffickers to justice.”
According to evidence presented at trial, in or about May 2016, Lowe and co-defendant Joshua Rose conspired to sex traffic a minor victim at the Stay Lodge motel in Montgomery, Alabama. Rose advertised the underage victim on Backpage, and with the assistance of Lowe, arranged meetings for the victim to engage in commercial sex acts, and stood outside of the motel room while the victim engaged in commercial sex acts. Lowe also transported the minor victim to another location to engage in commercial sex acts. Lowe and Rose used the money earned from the victim’s commercial sex acts to purchase illegal narcotics.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Prattville, Alabama Police Department, with assistance from the Montgomery, Alabama Police Department, the U.S. Marshals Service and Alabama Attorney General’s Office. The case is being prosecuted by Trial Attorney Leslie Williams Fisher of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Hollie Reed of the Middle District of Alabama.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
8 February 2018
Zia Pueblo Man Sentenced to Prison for Domestic Assault by a Habitual Offender ConvictionRead the Press Release
ALBUQUERQUE – Terrence Shije, 37, an enrolled member and resident of Zia Pueblo, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to a year and a day in prison for his conviction on a domestic assault by a habitual offender charge. Shije will be on supervised release for three years after completing his prison sentence.
Shije was arrested on June 2, 2017, on a criminal complaint charging him with domestic assault of an intimate partner by a habitual offender on May 16, 2017. According to the complaint, Shije caused the victim to suffer bruising and swelling to her face.
Shije was indicted on June 28, 2017, and was charged with assault of an intimate partner resulting in substantial bodily injury and domestic assault by a habitual offender. According to the indictment, Shije committed the crime on May 16, 2017, on Zia Pueblo in Sandoval County, N.M. Shije was charged as a habitual offender based on his two prior domestic violence convictions in the Pueblo of Zia Tribal Court in June 2015 and Aug. 2016.
On Oct. 6, 2017, Shije pled guilty to Count 2 of the indictment charging him with domestic assault by a habitual offender. In entering the guilty plea, Shije admitted that on May 16, 2017, he assaulted the victim by slapping her face and punching her eye because he did not want her to leave the residence. Shije further admitted that as the result of the assault, the victim, who was then pregnant, suffered swelling, bumps and bruising near her eye and eye socket. Shije also admitted that he previously had been convicted on battery on a household member charges in Zia Tribal Court in June 2015 and Aug. 2016.
This case was investigated by the Southern Pueblos Agency of the BIA, Office of Justice Services. The case was prosecuted by Assistant U.S. Attorney Kyle T. Nayback and Special Assistant U.S. Attorney Lucy B. Solimon pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was driven largely by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Winner Man Sentenced for Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Winner, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on February 8, 2018, by U.S. District Judge Roberto A. Lange.
Anthony Martinez, age 37, was sentenced to 1 month in custody, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Martinez was indicted by a federal grand jury on September 12, 2017. He pled guilty on November 15, 2017.
The conviction stemmed from an incident on April 1, 2015, wherein Martinez was outside a residence firing a shotgun. Martinez having previously been convicted of a felony, was in possession of a 12-gauge shotgun at the time of his arrest.
This case was investigated by the Federal Bureau of Investigation, the Tripp County Sheriff’s Office, and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Daniel C. Nelson prosecuted the case.
Martinez is required to self-report to the U.S. Marshals Service on February 22, 2018 at 2:00 pm.
Wheeling man admits to drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – Timothy E. Billups, of Wheeling, West Virginia, has admitted to distributing cocaine near a playground, United States Attorney Bill Powell announced.
Billups, age 25, pled guilty to one count of “Distribution of Cocaine Base within 1,000 Feet of a Protected Location.” Billups admitted to selling cocaine near the Jensen playground in June 2017 in Ohio County.
Billups faces up to 40 years incarceration and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Ohio Valley Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James E. Seibert presided.United States Files Complaint Against Precision Lens, Paul Ehlen for Alleged Kickback SchemeRead the Press Release
United States Attorney Gregory G. Brooker today announced that the United States has filed a Complaint-in-Intervention against the Cameron-Ehlen Group, Inc. d/b/a Precision Lens (“Precision Lens”) and Precision Lens’ owner PAUL EHLEN, and that DR. JITENDRA SWARUP has agreed to pay more than $2.9 million to resolve kickback allegations under the False Claims Act (“FCA”).
The United States previously announced a $12 million settlement with Sightpath Medical, Inc. and TLC Vision Corporation (collectively “Sightpath”) and their former CEO, JAMES TIFFANY.
As part of the FCA Agreement and in exchange for a release of OIG’s permissive exclusion authority, DR. SWARUP has agreed to enter into a three-year integrity agreement with OIG.
“Federal health care beneficiaries should have confidence that the health care they receive is unaffected by kickbacks provided to their medical providers,” said United States Attorney Gregory Brooker. “Companies are not permitted to use expensive trips and other remuneration in order to persuade physicians to use products supplied by those companies, and physicians may not accept such remuneration in exchange for patient referrals.”
The United States’ Complaint against Precision Lens and EHLEN alleges that Precision Lens provided kickbacks to physicians in various forms, including travel and entertainment. The Complaint identifies multiple examples of trips, including luxury skiing vacations, and high-end fishing, golfing and hunting vacations. For many of the trips, Precision Lens and EHLEN transported physicians to exclusive luxury vacation destinations on private jets. Precision Lens and EHLEN also sold frequent flyer miles to their physician customers at a steep discount, enabling the physicians to take trips at well below fair market value.
The Complaint-in-Intervention alleges that Precision Lens maintained a slush fund, also referred to internally at Precision Lens as a secret fund. Precision Lens used money from the slush fund to finance trips with key physician customers and sales targets.
In the settlement agreement with DR. SWARUP, the United States contends that from January 1, 2006, through January 1, 2015, DR. SWARUP received unlawful remuneration from Sightpath, Precision Lens and EHLEN, which resulted in the submission of false claims to the United States for ophthalmological products and services. Specifically, DR. SWARUP received various trips, including hunting and international fishing trips, which were used to induce, and attempt to induce, DR. SWARUP to use products and services distributed by these companies. DR. SWARUP also received consulting agreements with Sightpath in excess of $100,000 per year, where the services were allegedly either not fully performed or not properly tracked, which resulted in remuneration in excess of fair market value.
The $2.9 million settlement with DR. SWARUP resolves allegations filed in a civil lawsuit originally brought by a Relator, or whistleblower, under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government for false claims and to share in any recovery. The government often relies on whistleblowers to bring fraud schemes to light that might otherwise go undetected. The whistleblower in this matter, Kipp Fesenmaier, will receive 19.5% of the amounts recovered in connection with the settlement agreement.
The claims resolved by these settlements are allegations only; there has been no determination of liability or wrongdoing.
The case was handled by the Civil Frauds Unit of the U.S. Attorney’s Office for the District of Minnesota with assistance from the Office of Inspector General of the U.S. Department of Health and Human Services and the Federal Bureau of Investigation.
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
U.S. Attorney Appoints Opioid CoordinatorsRead the Press Release
Executive Assistant U. S. Attorney Linda Frakes (619) 546-6793 and Assistant U.S. Attorney Dylan Aste (619) 546-7621
NEWS RELEASE SUMMARY – February 8, 2018
SAN DIEGO – U.S. Attorney Adam Braverman has appointed two Opioid Coordinators – one to handle criminal matters and the other civil – to manage the office’s strategy for combatting the deadly opioid epidemic in the Southern District of California.
The criminal coordinator, Linda Frakes, will focus on stopping the illegal importation of heroin, fentanyl and fentanyl analogues as well as targeting dark web vendors who distribute illicit opioids. The civil coordinator, Dylan Aste, will focus on the unlawful prescribing and illegal diversion of these highly addictive drugs.
“This multifaceted approach to enforcing our drug laws will save lives by keeping drugs off our streets and help prevent Americans from becoming addicted to prescription drugs,” Braverman said. “The ongoing opioid epidemic in our district is destroying lives and communities and I’m committed to combatting this crisis with every available asset.”
Attorney General Jeff Sessions issued a directive to all U.S. Attorneys to designate an Opioid Coordinator to work closely with prosecutors, and with other federal, state, tribal, and local law enforcement to coordinate and optimize federal opioid prosecutions in every district.
Braverman took the unique approach of adding an opioid coordinator for civil as well as criminal matters.
As a part of the U.S. Attorney’s strategy to combat the opioid epidemic, the newly designated Opioid Coordinators will make prosecution of all prescription opioids, heroin and fentanyl a top priority, including civil cases involving illegal diversion and unlawful prescribing of these drugs.
Frakes, a 27-year veteran who also serves as the third-highest-ranking prosecutor in the office, was previously supervisor of the Criminal Enterprises section. Her job involved overseeing prosecutions of transnational criminal organizations, including major Mexican drug cartels.
“Our strategy is to hit the opioid crisis hard with every tool we have - from prevention, education and treatment to enforcement,” Frakes said. “We will investigate and prosecute criminals who import fentanyl, distribute fentanyl, or cause death resulting from fentanyl distribution. If you possess chemicals intending to illegally manufacture fentanyl, you will be prosecuted. Our law enforcement partners are fighting alongside our prosecutors to investigate criminal organizations, here and abroad, who traffic in fentanyl. We will use our federal resources to bring you to justice.”
Aste, a civil litigator in the U.S. Attorney’s Office, specializes in investigating and prosecuting allegations of fraud against the United States. He has recovered over $11 million on behalf of the United States.
“Opioid addiction often begins with overprescribing by health care providers and illegal dispensing by pharmacies, and this needs to stop,” Aste said. “I will use the full force of the law to prosecute the prescribers and pharmacies that are contributing to the opioid epidemic.”
Aste has managed several complex opioid-related investigations. He recently settled two cases involving pharmacies. Medical Center Pharmacy paid $750,000 to resolve allegations under the Controlled Substances Act that included diversion of a significant amount of oxycodone and hydrocodone, failure to control the pharmacies’ inventory of controlled substances, and failure to maintain required records of the pharmacies’ distribution of controlled substances. Sixth Avenue Pharmacy in downtown San Diego paid $147,500 to resolve similar allegations.
Opioids are drugs that include illegally obtained heroin and fentanyl and pain relievers available legally by prescription, such as fentanyl, oxycodone (OxyContin), hydrocodone (Vicodin), codeine, morphine, etc. Opioid pain relievers are generally safe when taken for a short time as prescribed by a doctor, but because they produce euphoria, they can be misused. Regular use—even as prescribed by a doctor—can lead to dependence and, when misused, opioid pain relievers can lead to addiction, overdose incidents and deaths.
Opioids have become a significant and growing problem in this district and throughout the nation. In FY 2017, fentanyl seizures at the California ports of entry increased 266 percent in just one year – from 260 kilograms in FY 2016 to 952.
In April 2017, the U.S. Attorney’s Office and its law enforcement partners created a local Fentanyl Working Group. This multi-dimensional group includes local, state and federal investigative agencies, toxicologists, the Medical Examiner’s Office, DEA Lab chemists and first responders, plus local, county and federal prosecutors.
The Fentanyl Working Group has held two educational Fentanyl Forums, one in June of 2017 and one in November 2017. More than 200 local and federal law enforcement officers attended each meeting where they learned about the dangers of encountering fentanyl in the field; the local smuggling trends from Mexico and China to the U.S.; parcel interdiction cases, prosecution of overdose cases in state and federal courts; and prosecution collaboration with our office and that of the District Attorney.
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Two Women Sentenced for Federal Drug Trafficking Convictions Arising Out of Seizure of Five Pounds of HeroinRead the Press Release
ALBUQUERQUE – Today in federal court in Albuquerque, N.M., two women were sentenced for their convictions on drug trafficking charges arising out of the seizure of five pounds of heroin. Tabitha Marie Ochoa, 30, of Merced, Calif., was sentenced to 36 months in prison followed by three years of supervised release, and Maryhelen Princess Ochoa, 32, a U.S. citizen residing in Sonora, Mexico, was also sentenced to 36 months in prison followed by three years of supervised release.
Tabitha Marie Ochoa and co-defendant Maryhelen Princess Ochoa, were arrested in Feb. 2017, after law enforcement officers found nine bundles of heroin weighing approximately 2387 grams (5.26 pounds) in their vehicle during a routine traffic stop. According to the complaint, the traffic stop took place on Jan. 30 and 31, 2017, in Cibola County, N.M.
On May 19, 2017, Tabitha Marie Ochoa pled guilty, and on Aug. 24, 2017, Maryhelen Princess Ochoa pled guilty. Both entered guilty pleas to felony informations charging them with possession of heroin with intent to distribute. In entering the guilty pleas, Tabitha Marie Ochoa and Maryhelen Princess Ochoa admitted possessing approximately 2,387 grams (5.26 pounds) of heroin in a safe that was seized from the vehicle in which they were traveling on Jan. 31, 2017. Tabitha Marie Ochoa and Maryhelen Princess Ochoa further admitted that they were being paid to deliver the heroin to another person.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the New Mexico State Police. Assistant U.S. Attorney Elaine Y. Ramirez prosecuted the cases as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Two Wheeling men admit to firearm chargesRead the Press Release
WHEELING, WEST VIRGINIA – Two Wheeling, West Virginia men have admitted to unlawful possession of a firearm, United States Attorney Bill Powell announced.
Eban Joseph Keith Beyah, age 45, pled guilty to one count of “Unlawful Possession of a Firearm.” Beyah, having previously been convicted of burglary and several drug-related charges in Commons Pleas Court in Cuyahoga County, Ohio, admitted to possessing a 9mm pistol in Ohio County on June 2017.
Charles C. Ansley, Jr., age 37, pled guilty to one count of “Unlawful Possession of a Firearm.” Ansley, having previously been convicted of burglary in Commons Pleas Court in Lucas County, Ohio, admitted to possessing a .22 caliber revolver in Ohio County on August 2017.
Beyah and Ansley each face up to 10 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 Stephen L. Vogrin is prosecuting both cases on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wheeling Police Department investigated both cases.
U.S. Magistrate Judge James E. Seibert presided.
Two New Orleans-Area Psychiatrists and a Health Care Marketer Charged for Roles in Kickback Scheme; Psychiatrists Also Charged with Health Care FraudRead the Press Release
Two New Orleans, Louisiana-area psychiatrists and a third individual were charged in an indictment filed today for their alleged participation in a health care kickback scheme. The two psychiatrists were also charged for their roles in a home health care fraud scheme.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Duane A. Evans of the Eastern District of Louisiana, Special Agent in Charge Eric J. Rommal of the FBI’s New Orleans Field Office and Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Field Office made the announcement.
Muhammad Kaleem Arshad, M.D., 62, of New Orleans, Louisiana, Padmini Nagaraj, M.D., 60, of Kenner, Louisiana, and Joseph A. Haynes, 61, of New Orleans, were each charged with one count of conspiracy to receive illegal health care kickbacks and three counts of receiving illegal health care kickbacks. Arshad and Nagaraj were also charged with one count of conspiracy to commit health care fraud and five counts of health care fraud.
The indictment alleges that the defendants, who were affiliated with a company that provides outpatient psychiatric services, conspired with the owner of a New Orleans home health agency to take bribes in exchange for referring psychiatric patients for medically unnecessary home health services. Haynes, who worked at the company as a marketer, allegedly helped to negotiate and enforce the bribes and kickbacks for the doctors. The indictment further alleges that the New Orleans home health agency then submitted the fraudulent claims to Medicare to receive payment.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case was investigated by the FBI and HHS-OIG. Trial Attorney Kate Payerle of the Criminal Division’s Fraud Section is prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.
Two Men Sentenced to Lengthy Sentences for Child Pornography Charges Involving Two Minor Victims, One a Three-Year-Old ChildRead the Press Release
DALLAS — Javier Giovanni Araujo, 34, of Austin, Texas, and Garrett Alexander Mack, 29, of Dallas, Texas, were sentenced today by Chief U.S. District Judge Barbara M. G. Lynn to lengthy prison sentences for child pornography offenses, announced Erin Nealy Cox, United States Attorney for the Northern District of Texas.
Araujo previously pled guilty to one count of conspiracy to produce child pornography and one count of transportation of child pornography. Chief Judge Lynn sentenced Araujo to 40 years in federal prison and a lifetime of supervised release.
Mack previously pleaded guilty to one count of conspiracy to produce child pornography. Chief Judge Lynn sentenced Mack to 30 years in federal prison and a lifetime of supervised release.
According to the factual resumes filed in the case and information presented at the sentencing hearing, from at least September 26, 2016 through October 7, 2016, Araujo and Mack discussed sexually abusing children and exchanged photos and videos of child pornography. Araujo produced videos and images of child pornography by using a three-year-old boy to which he had access. Araujo and Mack discussed the logistics of how they could gain access to this boy and the ways that Araujo could sexually abuse him. Araujo then sent some of those child pornography images and videos involving the boy to other men on the internet, including to Mack.
According to information presented at the sentencing hearing, Araujo, pretending to be a church youth group leader, gained access to another minor child and coerced him into engaging in sexual acts with Araujo. Araujo recorded this sexual abuse and sent at least one child pornography video of the abuse to Mack.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood leverages federal, state and local resources to better investigate, apprehend and prosecute individuals who sexually exploit children. Project Safe Childhood also prioritizes identifying and rescuing victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Federal Bureau of Investigation, the Dallas Police Department, and the Austin Police Department investigated. Assistant U.S. Attorney Jamie L. Hoxie prosecuted.
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Two Men Charged with Armed Robbery of an Inver Grove Heights BusinessRead the Press Release
United States Attorney Gregory G. Brooker today announced a superseding indictment charging JAMAAL MARQUIE MAYS, 33, and JAQUON KESHAWN MOMAN, 25, with robbery and firearms charges.
According to the indictment, on August 17, 2017, MAYS and MOMAN attempted to rob a Verizon Wireless store in Inver Grove Heights, Minn. while brandishing a firearm in the presence of a store employee. On July 10, 2017, MOMAN and another individual stole cash from a Metro PCS store in Minneapolis, Minn.
Because he is a felon, MAYS is prohibited under federal law from possessing any type of firearm at any time.
The Hobbs Act, passed by Congress in 1946, allows federal prosecutors to prosecute individuals who commit armed robberies of businesses engaged in interstate commerce.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Inver Grove Heights Police Department.
Assistant U.S. Attorney David P. Steinkamp is prosecuting the case.
Defendant Information:
JAMAAL MARQUIE MAYS, 33
Unknown
Charges:
- Interference with commerce by robbery, 1 count
- Using, carrying, brandishing and discharging a firearm during and in relation to a crime of violence, 1 count
- Felon in possession of a firearm, 1 count
JAQUON KESHAWN MOMAN, 25
Unknown
Charges:- Interference with commerce by robbery, 2 counts
- Using, carrying, brandishing and discharging a firearm during and in relation to a crime of violence, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the superseding indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Two Costa Rican Residents Found Guilty for Roles in $10 Million International Telemarketing SchemeRead the Press Release
Two individuals were found guilty yesterday for their roles in a $10 million telemarketing scheme that defrauded primarily elderly victims in the United States from call centers in Costa Rica.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney R. Andrew Murray of the Western District of North Carolina made the announcement.
Following a three-day jury trial, Andrew Smith, 45, of San Jose, Costa Rica, and Christopher Lee Griffin, 44, a U.S. citizen who previously resided in San Jose, Costa Rica, were convicted of one count of conspiracy to commit wire fraud, eight counts of wire fraud, one count of conspiracy to commit money laundering and seven counts of international money laundering. Sentencing has not yet been set by U.S. District Court Judge Robert J. Conrad of the Western District of North Carolina, who presided over the trial.
“Andrew Smith and Christopher Lee Griffin orchestrated a brazen telemarketing scheme from Costa Rica and stole more than $10 million,” said Acting Assistant Attorney General Cronan. “But what makes their crimes especially reprehensible is the harm they caused to a significant number of elderly victims. Attorney General Jeff Sessions has called those who exploit our senior citizens ‘cowards,’ and these convictions demonstrate that the Department of Justice will aggressively pursue cowards like these, no matter where they reside.”
According to the evidence presented at trial, both Smith and Griffin worked in a call center in Costa Rica in which conspirators, who posed as representatives of the Securities and Exchange Commission and the Federal Trade Commission (FTC), contacted victims in the United States to tell them that that they had won a substantial “sweepstakes” prize. After convincing victims, many of whom were elderly, that they stood to receive a significant financial reward, the conspirators told victims that they needed to make a series of up-front payments before collecting their supposed prize, purportedly for items like insurance fees, taxes and customs duties. Conspirators used a variety of means to conceal their true identities, such as Voice over Internet Protocols, which made it appear that they were calling from Washington, D.C., and other places in the United States. According to trial testimony, one elderly victim who indicated she was going to stop paying was warned by a conspirator that they knew where she and her family lived.
Smith and Griffin arranged for victims to transmit payments through international wire transfers directly to Costa Rica or through “runners” who collected money from victims in the United States and forwarded payment to Smith, Griffin and others in Costa Rica, according to the evidence presented at trial. Runners dispatched by Smith and his conspirators sometimes met elderly victims at their homes to collect bags of cash, which they in turn remitted to Costa Rica, the evidence showed.
Smith, Griffin and their conspirators stole more than $10 million from victims, the evidence showed.
This case was investigated by the U.S. Postal Inspection Service, Internal Revenue Service Criminal Investigation and the FBI, with assistance from the FTC and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The Criminal Division’s Office of International Affairs, U.S. State Department’s Diplomatic Security Service (DSS) and Bureau of Consular Affairs, along with government authorities in Costa Rica provided critical assistance with the extradition of these defendants. The case is being prosecuted by Trial Attorneys William Bowne, Jennifer Farer and Anna Kaminska of the Criminal Division’s Fraud Section. The U.S. Attorney’s Office for the Western District of North Carolina provided substantial assistance with this matter.
Tulsa Woman Sentenced for Sexual Exploitation of a ChildRead the Press Release
United States Attorney Trent Shores announced today that District Judge Claire V. Eagan sentenced Jerrica Ann Renee Teehee Lackey, 30, of Tulsa, to serve 300 months in federal prison for Sexual Exploitation of a Child.
Lackey used a minor child to engage in sexually explicit conduct while she took pictures and videos. She then distributed the sexually explicit images and videos by cell phone.
United States Attorney Shores stated, “This case is an excellent example of state and federal law enforcement working together to identify those who exploit children. We will hold those who prey on the most vulnerable in our society, and who choose to manufacture child pornography, accountable for their actions.”
The prosecution resulted from an investigation conducted by the Federal Bureau of Investigation, the Tulsa Police Department, and the Tulsa County Sheriff’s Office. Assistant United States Attorney Shannon B. Cozzoni handled the prosecution of this case.
Three Individuals Indicted for Visa Fraud Scheme for ProfitRead the Press Release
A 15-count indictment was unsealed yesterday in federal court in Brooklyn charging Stella Boyadjian, Hrachya Atoyan and Diana Grigoryan, also known as “Dina Akopovna,” for their roles in a multi-year visa fraud scheme that brought Armenian citizens into the United States for profit. The defendants are charged with multiple counts of visa fraud and with conspiring to defraud the United States, commit visa fraud and illegally bring aliens into the United States. Boyadjian and Grigoryan are also charged with related money laundering charges, and Boyadjian is charged with aggravated identity theft. Boyadjian was arraigned yesterday before United States Magistrate Judge James Orenstein. Atoyan’s initial appearance for removal proceedings to the Eastern District of New York is scheduled for later today, in the Central District of California.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, John P. Cronan, Acting Assistant Attorney General of the United States Justice Department’s Criminal Division, and Christian J. Schurman, Principal Deputy Assistant Secretary for Diplomatic Security and Director for Diplomatic Security Service, United States Department of State, announced the charges.
“As alleged in the indictment, the defendants choreographed their fraud scheme by dressing visa applicants in traditional dance costumes and creating fake concert flyers in order to deceive a government program that allows foreign nationals to temporarily enter the United States as artistic performers,” stated United States Attorney Donoghue. “As a result of outstanding investigative work and commitment to protecting the integrity of the immigration process by this Office and our law enforcement partners, the defendants will now face the music for their alleged crimes.”
“Fraudsters who undermine our immigration system threaten our public safety and our national security,” said Acting Assistant Attorney General Cronan. “The Justice Department will not tolerate abuses of our nation’s immigration laws like those alleged in the indictment unsealed today. We will root out immigration fraud and bring those responsible to justice.”
“The Diplomatic Security Service is firmly committed to protecting the integrity of all U.S. visas and travel documents – especially those, like the P-3 visa, which allow for entertainers to visit the U.S. to perform in culturally unique events and deepen our understanding of different cultures,” stated Principal Deputy Assistant Secretary Schurman. “This case is the result of a strong partnership among federal law enforcement agencies and DSS’ global network of special agents working together to stop visa and passport crimes and stop criminals from earning illegal income by exploiting U.S. visas, passports, and foreign workers.”
As alleged in the indictment, the defendants were engaged in a widespread visa fraud scheme to illegally bring foreign nationals (“Aliens”) into the United States by fraudulently claiming to the United States Citizenship and Immigration Services (“USCIS”) that they were members of traditional Armenian performance groups and thus qualified for P-3 visas as “culturally unique” artists or entertainers.
The P-3 nonimmigrant visa classification allows foreign nationals to temporarily travel to the United States to perform, teach or coach as artists or entertainers, under a program that is culturally unique. A United States employer or sponsoring organization is required to submit a USCIS Form I-129 Petition for a Non-Immigrant Worker, along with supporting documentation, attesting that the performances in the United States are culturally unique.
As alleged in the indictment, Boyadjian ran a non-profit organization called Big Apple Music Awards Foundation Inc. (“BAMA”), based in Rego Park, New York, which she and her co-conspirators used to further their visa fraud scheme. As part of the scheme, the defendants and their co-conspirators solicited Aliens and charged them fees ranging from $3,000 to $15,000 per Alien applicant to fraudulently obtain P-3 visas by submitting false Forms I-129 and supporting documents to the USCIS. Upon approval of the Form I-129 petitions, the defendants and their co-conspirators acquired fraudulent dance certificates and organized staged photo sessions where foreign nationals wore Armenian dance costumes to make it appear as though they were traditional Armenian musicians, singers and performers. After being trained how to falsely answer questions during visa interviews, the P-3 visa applicants presented these fake certificates and photos during their P-3 visa interviews. Once in the United States, some beneficiaries of the P-3 visas paid the defendants an additional fee to be included in applications for extensions of their fraudulently obtained visas. The defendants furthered their visa fraud scheme by creating flyers and other documents purporting to hold BAMA-sponsored concerts and events in the United States.
The charges announced today are merely allegations and the defendants are presumed innocent unless and until proven guilty.
This case is a joint investigation by the Diplomatic Security Service’s Criminal Investigations Division and Overseas Criminal Investigations Divisions, with assistance from the U.S. Citizenship and Immigration Services Fraud Detection and National Security Directorate.
The government’s case is being prosecuted by Assistant United States Attorney David Gopstein and Trial Attorney Sasha N. Rutizer of the Criminal Division’s Human Rights and Special Prosecutions Section.
The Defendants:
STELLA BOYADJIAN
Age: 47
Rego Park, New YorkHRACHYA ATOYAN
Age: 30
Glendale, CaliforniaDIANA GRIGORYAN (also known as “Dina Akopovna”)
Age: 41
Yerevan, ArmeniaE.D.N.Y. Docket No. 18-CR-57 (MKB)
Three Individuals Indicted for Visa Fraud Scheme for ProfitRead the Press Release
Three individuals were indicted in the Eastern District of New York for their alleged roles in a multi-year visa fraud scheme that brought Armenian citizens into the United States for profit.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division; U.S. Attorney Richard P. Donoghue of the Eastern District of New York and Principal Deputy Assistant Secretary Christian J. Schurman for U.S. Department of State Diplomatic Security and Director for Diplomatic Security Service (DSS), made the announcement.
Stella Boyadjian, 47, of Rego Park, New York; Hrachya Atoyan, 30, of Glendale, California; and Diana Grigoryan aka “Dina Akopovna,” 41, of the Republic of Armenia, were charged in a 15-count indictment unsealed yesterday in federal court in Brooklyn with multiple counts of visa fraud and with conspiracy to defraud the United States, commit visa fraud, and illegally bring aliens into the United States. Boyadjian and Grigoryan are also charged with related money laundering charges, and Boyadjian is charged with aggravated identity theft. Boyadjian was arraigned yesterday before U.S. Magistrate Judge James Orenstein. Atoyan’s initial appearance for removal proceedings to the Eastern District of New York is scheduled for later today, in the Central District of California.
“Fraudsters who undermine our immigration system threaten our public safety and our national security,” said Acting Assistant Attorney General John P. Cronan. “The Justice Department will not tolerate abuses of our nation’s immigration laws like those alleged in the indictment unsealed today. We will root out immigration fraud and bring those responsible to justice.”
“As alleged in the indictment, the defendants choreographed their fraud scheme by dressing visa applicants in traditional dance costumes and creating fake concert flyers in order to deceive a government program that allows foreign nationals to temporarily enter the United States as artistic performers,” said U.S. Attorney Donoghue. “As a result of outstanding investigative work and commitment to protecting the integrity of the immigration process by this Office and our law enforcement partners, the defendants will now face the music for their alleged crimes.”
“The Diplomatic Security Service is firmly committed to protecting the integrity of all U.S. visas and travel documents -- especially those, like the P-3 visa, which allow for entertainers to visit the United States to perform in culturally unique events and deepen our understanding of different cultures,” said Principal Deputy Assistant Secretary Schurman. “This case is the result of a strong partnership among federal law enforcement agencies and DSS’ global network of special agents working together to stop visa and passport crimes and stop criminals from earning illegal income by exploiting U.S. visas, passports, and foreign workers.”
According to the indictment, unsealed today upon the arrest of Boyadjian and Atoyan, Boyadjian led a transnational network of co-conspirators who engaged in a widespread visa fraud scheme to bring Armenian citizens into the United States by fraudulently claiming to the U.S. Citizenship and Immigration Services (USCIS) that the Armenians were members of folk performance groups, and thus qualified for P-3 “Culturally Unique Artist” visas. The P-3 nonimmigrant visa classification allows foreign nationals to temporarily travel to the United States to perform, teach or coach as artists or entertainers, under a program that is culturally unique. A U.S. employer or sponsoring organization is required to submit a USCIS Form I-129 Petition for a Non-Immigrant Worker, along with supporting documentation, attesting that the performances in the United States are culturally unique.
As alleged in the indictment, Boyadjian ran a non-profit organization called Big Apple Music Awards Foundation, based in Rego Park, New York. Boyadjian used the Big Apple Music Awards Foundation as well as formal and informal Armenian music industry contacts in the United States and Armenia to perpetuate the scheme. Boyadjian and others solicited Armenian citizens who wanted to come to the United States and charged them between $3,000 and $15,000 to be included on the Form I-129 Petitions. Boyadjian and other associates in Armenia acquired fraudulent performer certificates and organized staged photo sessions where the aliens wore traditional Armenian folk outfits to make it appear as though they were traditional Armenian performers. After being trained how to defeat U.S. visa interviews, the individual aliens presented these certificates and photos to U.S. consular officers during their visa interviews. Once the Armenians entered the United States, some would pay Boyadjian and her associates additional money to be included in another fraudulent petition asking for P-3 visa extensions. Some aliens have overstayed their visas and remain unlawfully in the United States.
This case was a joint investigation by the DSS’s Criminal Fraud Investigations and Overseas Criminal Investigations Divisions with assistance from the USCIS Fraud Detection and National Security, Center Fraud Detection Operations in Vermont. Trial Attorney Sasha N. Rutizer of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney David Gopstein of the Eastern District of New York are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Sulphur man pleads guilty to illegal possession of a silencerRead the Press Release
LAKE CHARLES, La. – United States Attorney Alexander C. Van Hook announced that a Sulphur man pleaded guilty Wednesday to possessing a silencer.
Robert Reid Taylor, 46, of Sulphur, La., pleaded guilty before U.S. Magistrate Judge Kathleen Kay to one count of possession of an unregistered firearm silencer. According to the guilty plea, Taylor was found with an unregistered firearm silencer on September 7, 2017. The silencer had no manufacturer’s markings or serial number. It was also not registered in the National Firearms and Transfer Record.
Taylor faces up to 10 years in prison, three years of supervised release and a $250,000 fine.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safe for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The ATF conducted the investigation. Assistant U.S. Attorney Dominic Rossetti is prosecuting the case.
State Contractor Indicted for FraudRead the Press Release
ALBANY, NEW YORK – Nathaniel P. Lorenz, age 46, of Holley, New York, was arraigned today on charges that he submitted fake invoices to the New York State Department of Transportation (NYSDOT) in order to conceal that he was not buying the materials needed to perform contracts for which his company was ultimately paid more than $1 million.
The announcement was made by United States Attorney Grant C. Jaquith; Todd A. Damiani, Special Agent in Charge of the New England Regional Office of the United States Department of Transportation, Office of Inspector General (USDOT-OIG); New York State Inspector General Catherine Leahy Scott; and Robert L. Keihm, Chief Investigator for the NYSDOT Investigations Bureau.
Lorenz is charged with 8 counts of wire fraud and 1 count of mail fraud. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
According to the indictment, Lorenz’s company, ACME Powerwashing Inc. (ACME) of Holley, New York, contracted with NYSDOT in 2015 and 2016 to clean and seal the road portions of bridges, known as concrete bridge decks. The work involved powerwashing bridge decks with water and then sealing them with a chemical that makes the concrete more resistant to penetration by water, chlorides and waterborne contaminants, which might cause the deterioration of the bridge deck. The Federal Highway Administration, part of the United States Department of Transportation, provided most of the money for these contracts.
Each of these contracts required ACME to purchase a certain amount of sealing chemical, based on how many square feet of concrete bridge deck was sealed. According to the indictment, on 3 contracts in 2015 and 2016, Lorenz submitted fraudulent invoices to NYSDOT in order to conceal that he was not buying the amount of the sealing chemical required by the contracts. Lorenz falsely claimed that he was buying sealing chemicals from S.E. Brett, Inc., another company that he owned that does not sell anything.
On these 3 contracts alone, NYSDOT paid ACME a total of $1,139,119.74 for bridge sealing work, and an additional $759,002.64 for bridge washing and other work. ACME has been a NYSDOT contractor since 2010.
Lorenz appeared today in Albany before United States Magistrate Judge Christian F. Hummel, and was released pending a trial scheduled before Senior United States District Judge Norman A. Mordue in Syracuse. If convicted, Lorenz faces up to 20 years in prison, a maximum $250,000 fine, and up to 3 years of post-imprisonment supervised release. He may also be ordered to pay restitution to one or more government agencies. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by USDOT-OIG, NYSDOT’s Investigations Bureau, and the Office of the New York State Inspector General, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
St. Peters, MO Woman Pleads Guilty to Fraudulent Preparation of Bankruptcy PetitionsRead the Press Release
This morning, in Federal Court in East St. Louis, IL, Phebe Ibrahim, formerly known as "Phebe Khan," 50, of St. Peters, MO, pled guilty to 21 counts of bankruptcy fraud and related charges, announced Donald S. Boyce, United States Attorney for the Southern District of Illinois. Ibrahim was indicted on October 3, 2017, as part of the U.S. Attorney’s Office’s continuing effort to crackdown on those who commit fraud in the U.S. Bankruptcy Court for the Southern District of Illinois.
In pleading guilty today, Ibrahim, a non-lawyer, admitted that she worked as a bankruptcy petition preparer, preparing bankruptcy petitions and other documents for debtors who wished to file bankruptcy in the Southern District of Illinois. The Bankruptcy Code imposes certain restrictions on bankruptcy petition preparers, including requiring them to disclose their names on any documents they prepare, and allowing the Bankruptcy Courts to set maximum fees that they can charge their customers. The practice in the U.S. Bankruptcy Court for the Southern District of Illinois is that bankruptcy petition preparers are not allowed to charge fees of more than $150.
Ibrahim admitted that she defrauded the debtors for whom she prepared bankruptcy petitions by routinely charging fees that exceeded the maximum allowable amount. Ibrahim also acknowledged that she attempted to conceal her fraud by not disclosing her name on the documents she prepared, and by instructing her customers not to mention her name during their bankruptcy cases.
The Bankruptcy Code also requires that debtors attend a credit counselling briefing prior to filing a bankruptcy case. Ibrahim admitted that she circumvented and defeated this provision of the Bankruptcy Code by causing false "Certificates of Counselling" to be filed on behalf of her customers. These Certificates represented that Ibrahim’s customers had attended the required credit counselling briefing.
"The U.S. Trustee Program works with other law enforcement agencies to track down and pursue bankruptcy petition preparers who fail to comply with the requirements of the Bankruptcy Code, circumvent its provisions and prey on consumers in financial distress," stated Nancy J. Gargula, United States Trustee for Southern and Central Illinois and Indiana (Region 10). "We
appreciate the commitment of U.S. Attorney Boyce and our law enforcement partners to address fraud and abuse in the bankruptcy system. We welcome information that will help detect unscrupulous bankruptcy petition preparers and we encourage citizens to report suspected bankruptcy fraud through our Internet hotline at [email protected]."
Ibrahim pled guilty to seven counts each of bankruptcy fraud, causing false statements to be made under penalty of perjury in a bankruptcy case, and falsifying records in a bankruptcy case. Each of the bankruptcy fraud and false statements under penalty of perjury counts carries a maximum sentence of five years in prison and a fine of up to $250,000. Each of the falsification of records charges carries a maximum sentence of twenty years in prison and a maximum fine of $250,000.
Ibrahim will be sentenced on May 10, 2018, at 9:30 A.M. at the Federal Courthouse in Benton, IL.
The charges resulted from a referral by the U.S. Trustee for Indiana and Southern and Central Illinois (Region 10) to the U.S. Attorney for the Southern District of Illinois. The investigation was conducted by agents from the Springfield Division, Fairview Heights Resident Agency, of the Federal Bureau of Investigation ("FBI"), in collaboration with the Southern Illinois Bankruptcy Fraud Working Group coordinated by the U.S. Trustee. The case is being prosecuted by Assistant United States Attorney Scott A. Verseman.
Sprindale Man Sentenced to 10 Years in Federal Prison for Burglarizing A Federal Firearms LicenseeRead the Press Release
Fayetteville, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Chad Sales, age 31, of Springdale, was sentenced today to 120 months in federal prison followed by three years of supervised release and was ordered to pay a $2,900.00 fine and $1,000.00 in restitution on one count of theft of firearms from a federal firearms licensee. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, on June 13, 2017, Springdale law enforcement responded to a burglary at Springdale armory in which 45 different firearms were stolen. During the investigation, officers observed Sales’ vehicle on the surveillance footage. Officers subsequently located and searched Sales’ vehicle and found six stolen guns and a suppressor. After the search, officers Mirandized Sales and he agreed to make a statement in which he admitted to stealing firearms from an armory. Law enforcement was able to recover and return the majority of the stolen firearms to the armory.
Sales was indicted by a federal grand jury in July 2017 and entered a guilty plea in September 2017.
This case was investigated by the Springdale Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney David Harris prosecuted the case for the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
Smuggler Sent to Prison for Transporting Aliens in Wooden BoxesRead the Press Release
LAREDO, Texas – A 27-year-old man has been sent to federal prison for his participation in a smuggling scheme that involved dangerous and life-threatening conditions, announced U.S. Attorney Ryan K. Patrick. Zachery Steven Blizzard pleaded guilty Sept. 5, 2017.
Today, U.S. District Judge Hilda G. Tagle sentenced Blizzard, of Kingport, Tennessee, to 48 months in prison, followed by a three-year-term of supervised release.
On June 15, 2017, Blizzard instructed three undocumented aliens - one of whom was a minor - to hide themselves in two aftermarket wooden boxes built into the back of his white 2008 Chevrolet work van. Authorities discovered the aliens as Blizzard attempted to pass through a U.S. Border Patrol Checkpoint on Highway 59 approximately 15 miles west of Laredo.
Blizzard is one of eight defendants apprehended since April 2017 for transporting undocumented aliens in wooden boxes built into the back of vehicles. In some instances, the boxes were nailed or screwed shut with temperatures inside often reaching more than 100 degrees.
Yesterday, Judge Tagle sentenced Ricky Lee Parker, 51, of Calhoun, Georgia, to 24 months in prison for transporting eight undocumented aliens - found sweating and thirsty - in two cramped wooden boxes. In addition, U.S. District Judge Diana Saldana previously sentenced Jason Allen North, 39, of Ashland, Kentucky; Richard Jordan Lamar Defoor, 32, of Calhoun, Georgia; Allan Ray Collins, 32, of Isom, Kentucky; and Donna Lynn Williams, 46, of Chatsworth, Georgia, while U.S. District Judge Marina Garcia Marmolejo ordered Sean Michael McKinney, 46, of Steger, Illinois, to prison for transporting between 5-10 undocumented aliens each in the same manner. North and Collins each received 24 month, while Defoor and Collins were sentenced to 18 months. McKinney received a 30-month-term of imprisonment.
Travis Dean McKelroy, 48, of San Antonio, pleaded guilty last week and is awaiting sentencing.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigations with the assistance of U.S. Border Patrol. Special Assistant U.S. Attorney Lisa M. Ezra prosecuted the cases.
Shreveport felon pleads guilty to possessing pistol found at residenceRead the Press Release
SHREVEPORT, La. – United States Attorney Alexander C. Van Hook announced that a Shreveport man previously convicted of a felony pleaded guilty Wednesday to possessing a pistol found in his residence.
Kenneth D. Mayweather, 20, of Shreveport, pleaded guilty before U.S. District Judge Elizabeth E. Foote to one count of possession of a firearm by a convicted felon. According to the guilty plea, the Caddo-Shreveport Narcotics Street Level Investigative Unit searched a Shreveport residence on August 3, 2017 as part of a drug investigation. Three males were taken into custody during the search with two of them apprehended in the backyard after attempting to flee the residence. Also during the search, law enforcement agents found a Glock, model 23, .40 caliber pistol and 11 rounds of ammunition. Mayweather admitted to owning the firearm and that he was not allowed to have one as he has a prior felony conviction.
Mayweather faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set a sentencing date of May 30, 2018.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safe for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Session announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The ATF and Caddo-Shreveport Narcotics Unit conducted the investigation. Assistant U.S. Attorney Tiffany E. Fields is prosecuting the case.
Seneca Falls Man Sentenced for Filing False Tax ReturnsRead 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 James LaRock, II, 43, Seneca Falls, NY, who was convicted of filing a false tax return, was sentenced to three years probation and ordered to pay restitution to the Internal Revenue Service in the amount of $107,000 by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorneys Richard A. Resnick and Tiffany H. Lee, who handled the case, stated that for the tax years 2010-2013, the defendant, who is self-employed in the logging and firewood business, filed false personal income tax returns. Among other things, LaRock understated his gross receipts and omitted the cost of goods. In total, the defendant omitted approximately $280,470.72 in taxable income, resulting in a tax loss of $107,749 to the Internal Revenue Service.
The sentencing is the culmination of an investigation on the part of the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office.
Saugus Man Pleads Guilty to Role in Counterfeit Steroid ConspiracyRead the Press Release
BOSTON – A Saugus man pleaded guilty yesterday in federal court in Boston to his role in a conspiracy to traffic counterfeit steroids, including testosterone and trenbolone.
Brian Petzke, 49, of Saugus, pleaded guilty to one count of conspiracy to distribute controlled substances. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for May 8, 2018. Petzke and five others, including Tyler Bauman, a/k/a “musclehead 320,” were arrested and charged in April 2017 with operating a counterfeit steroid operation on the North Shore.
From approximately May 2015 until April 12, 2017, the defendants manufactured steroid products - made from raw materials purchased overseas - and marketed them as “Onyx” steroids using “Onyx” labels that were also ordered from overseas suppliers. Onyx, now owned by Amgen Inc., was a legitimate pharmaceutical company that did not manufacture steroids.
The defendants allegedly sold the steroids to customers across the United States using email and social media platforms, collected payment through money remitters, such as Western Union and MoneyGram, and used false identifications and multiple remitter locations to pick up the proceeds. Some of the defendants laundered proceeds from the steroid sales through Wicked Tan LLC, a tanning business located in Beverly, which they owned and operated specifically to launder the proceeds of the steroid operation.
Petzke is the final defendant to plead guilty in connection with the conspiracy. In August 2017, Bauman pleaded guilty to his role in the conspiracy and is scheduled to be sentenced on March 15, 2018.
The charge of conspiracy to distribute controlled substances provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000 or twice the gross gain or loss of the conspiracy. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; and Jeffrey Ebersole, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office, made the announcement. Assistant U.S. Attorneys Amy Harman Burkart and David J. D’Addio of Lelling’s Cybercrime Unit are prosecuting the case.
Santa Barbara County Man Arrested on Federal Charges that Allege Investment Fraud Schemes, One of Which Promised Twitter StockRead the Press Release
LOS ANGELES – A Montecito resident has been arrested pursuant to a federal grand jury indictment that accuses him of running two fraudulent investment schemes and violating a court order prohibiting him from selling securities.
Efstratios “Elias” Argyropoulos, 71, was arrested at his office in Santa Barbara Wednesday morning by federal agents.
At his arraignment Wednesday afternoon in United States District Court, Argyropoulos pleaded not guilty, was ordered released on a $300,000 bond, and was ordered to stand trial on March 20.
According to the 21-count indictment unsealed after his arrest, Argyropoulos operated two Santa Barbara investment services firms – Prima Capital and Prima Ventures – and engaged in two fraudulent schemes by soliciting investments in companies such as Facebook and Twitter, as well as investments in a fictitious estate settlement.
In the first alleged scheme, Argyropoulos faces six fraud charges related to false promises to use investor funds to purchase securities, including pre-IPO shares of Facebook and Twitter. Instead of purchasing the stocks, Argyropoulos allegedly diverted the investor funds for other uses, such as day-trading in stocks unrelated to the promised investments and personal expenses, such as his mortgage, car payments and casino debts. According to the indictment, from October 2010 through October 2015, Argyropoulos solicited $4,947,360 from investors victimized in this scheme.
In the second scheme, Argyropoulos faces seven fraud charges for allegedly marketing shares in an investment known as the “Laurence Miles Giant Estate Settlement,” which was also called the “Laurence Miles Trust.” According to the indictment, Argyropoulos falsely told investors that the beneficiary of the Trust was a very ill woman who needed medical treatments and was the heir to a large estate, which was worth more than $1 billion. According to the bogus story, the estate was tied up in probate proceedings, and money was needed to cover the heir’s medical expenses. Once the probate proceedings were finished, Argyropoulos allegedly told victims, the assets would become available for transfer, at which point, investors would receive a large return – as much as 1,000 percent. In truth, there was no estate to be settled and no “ill woman” with large medical bills. According to the indictment, Argyropoulos’ investors lost over $760,000 in the scam.
The final eight counts of the indictment charge Argyropoulos with criminal contempt. These counts allege that Argyropoulos’ solicitation of investments in the Laurence Miles Trust violated the terms of an injunction that Argyropoulos consented to in a suit brought by the Securities and Exchange Commission, which was based on the fraudulent Facebook and Twitter scheme. The injunction prohibited Argyropoulos from selling fraudulent investments and acting as an unlicensed broker.
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 convicted of the 13 fraud charges in the indictment, Argyropoulos would face a statutory maximum sentence of 20 years in federal prison for each count. There is no statutory maximum sentence for the eight contempt charges.
The case against Argyropoulos is being investigated by the Federal Bureau of Investigation.
The case is being prosecuted by Assistant United States Attorney Scott Paetty of the Major Frauds Section.
San Ildefonso Pueblo Man Sentenced to Prison for Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Jordan Roybal, 26, an enrolled member of the San Ildefonso Pueblo who resides in Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to 30 months in prison for assaulting a federal officer. Roybal will be on supervised release for three years after completing his prison sentence.
Roybal was arrested on March 3, 2017, on a criminal complaint charging him with assaulting a federal officer. According to the criminal complaint, Roybal was arrested on tribal charges on Nov. 21, 2016, after he assaulted a law enforcement officer of the Bureau of Indian Affairs (BIA). Roybal committed the assault on San Ildefonso Pueblo in Santa Fe County, N.M., by resisting arrest and challenging the officer to fight. During the assault, Roybal bit the officer on the wrist. The officer also sustained skinned knees, a scrape on his left hand, swelling of his right knee and soreness to his left wrist as the result of the assault.
Roybal was subsequently charged in a two-count indictment on March 28, 2017, with assaulting a federal officer on Nov. 21, 2016 in Santa Fe County, and assaulting a federal officer on Jan. 26, 2017, in Rio Arriba County, N.M.
On July 18, 2017, Roybal pled guilty to Count 1 of the indictment charging him with assaulting a federal officer. In entering the guilty plea, Roybal admitted that on Nov. 21, 2016, he assaulted a BIA officer while the officer was attempting to arrest him on tribal offenses by lying about his identity, cursing at the officer, resisting arrest, throwing his elbow into the officer, biting the officer, and verbally threatening the officer.
This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services. Assistant U.S. Attorney Elisa Dimas prosecuted the case.
Repeat Drug Trafficker Sentenced to 14 Years in Federal Prison for Methamphetamine DistributionRead the Press Release
BILLINGS - The United States Attorney’s Office announced today that Pedro Carrasco, Jr., a 35 year-old resident of Billings, Montana, was sentenced to 168 months in prison, 5 years of supervised release, and a $100 special assessment. Carrasco was convicted of conspiracy to distribute and possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846, and conspiracy to commit money laundering, in violation of 21 U.S.C. § 1956(h). The sentence also includes the forfeiture of a Glock, model 23, .40 caliber, semi-automatic pistol; a Smith & Wesson, model Bodyguard, .380 auto caliber semi-automatic pistol; 80 rounds of .40 caliber ammunition; 11 rounds of .380 ACP ammunition; and $4,655 in United States Currency.
In February 2016, a Montana State Highway Patrol Trooper pulled over a vehicle traveling eastbound on I-90 near Missoula for a traffic violation. During a consent search of the vehicle, the trooper seized 1,056.3 grams of pure methamphetamine concealed within a speaker box stored in the trunk of the vehicle. Drug Enforcement Administration agents later determined that the occupants of the vehicle intended to deliver the methamphetamine to Carrasco in Billings. Agents next executed a search warrant at Carrasco’s residence in Billings and recovered additional methamphetamine, two firearms, drug paraphernalia, digital scales, body armor, and $4,655 in US Currency. Agents also noted that Carrasco had surveillance cameras outside of his residence. After the search of his residence, Carrasco admitted to agents that he had been distributing methamphetamine in Billings from 2011 through February 2016.
In 2003, Carrasco was convicted in United States District Court, District of Montana, of conspiracy to possess with intent to distribute methamphetamine in violation of 21 U.S.C. § 846.
The Carrasco case was investigated by the Drug Enforcement Administration; Internal Revenue Service; Bureau of Alcohol, Tobacco, Firearms and Explosives; Eastern Montana High Intensity Drug Trafficking Area Task Force; Montana Highway Patrol; and multiple other federal, state, and local agencies.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
Queensbury Oncologist and Spouse to Pay $500,000 for Submitting False Claims to Medicare for the Administration of Unapproved Cancer DrugsRead the Press Release
ALBANY, NEW YORK – Dr. Vincent Koh and his wife and office manager, Milly Koh, have agreed to pay $500,000 for violating the False Claims Act by knowingly submitting false claims to Medicare for unapproved chemotherapy drugs, announced United States Attorney Grant C. Jaquith. On November 20, 2017, the Kohs pled guilty to receiving and delivering misbranded drugs, a misdemeanor, and are scheduled to be sentenced on March 20, 2018 by United States Magistrate Judge Daniel J. Stewart.
The Kohs own and operate a medical practice, with offices in Poughkeepsie and Glens Falls, New York, that specializes in the treatment of patients suffering from various forms of cancer. From mid-2010 to early 2012, the practice purchased various drugs purporting to contain the same active ingredients as drugs sold in the United States from a Canadian drug distributor who had obtained these drugs from foreign sources. The drugs, some of which contained labeling in foreign languages, were not approved by the U.S. Food and Drug Administration (FDA) as required for them to be distributed in the United States and were therefore not reimbursable by Medicare.
Dr. Koh’s practice purchased the foreign drugs at substantially lower prices than those charged for drugs from legitimate U.S. drug manufacturers and distributors. Dr. Koh administered these drugs to his patients, and caused his staff to submit false claims for the drugs to Medicare.
“Unlike prescription drugs picked up at a pharmacy, chemotherapeutic drugs generally are administered without any opportunity for patients to see the labeling, so cancer patients are particularly vulnerable to this sort of conduct,” said United States Attorney Jaquith. “This settlement reflects our ongoing commitment to safeguarding patients and the federal fisc by ensuring that people do not unknowingly receive and taxpayers do not pay for foreign drugs that the FDA has not approved.”
“Patients deserve the security of knowing that the medication being prescribed to them is unadulterated, safeguarded, and properly manufactured,” said Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s New York Region (HHS-OIG). “This settlement is another example of HHS-OIG’s commitment to protecting quality of care and the federal health care programs intended for our most vulnerable Americans.”
The investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, HHS-OIG, FDA’s Office of Chief Counsel, and FDA’s Office of Criminal Investigations. The United States was represented in the civil investigation by Assistant U.S. Attorney Adam J. Katz.
Ponca City Woman Pleads Guilty to Possessing RicinRead the Press Release
Oklahoma City, Oklahoma – DANIELLE DANA LAYMAN, 37, of Ponca City, Oklahoma, has pleaded guilty to possessing the toxin ricin, announced Robert J. Troester, Acting U.S. Attorney for the Western District of Oklahoma.
According to a complaint filed on July 1, 2017, Layman used craigslist to locate someone interested in a "10 day gig overseas." On May 9, 2017, she met in Ponca City with a person who responded to the craigslist post. According to the affidavit, Layman gave that person written instructions on traveling to Tel Aviv, Israel, and using ricin to poison a specific taxi driver in exchange for $4,000 plus expenses. The affidavit states that Layman also gave the person a baggie that she claimed contained the ricin to be used in the murder. Ricin is an extremely hazardous substance derived from castor beans.
On June 30, 2017, the FBI executed a search warrant at Layman’s residence in Ponca City and found castor beans in the kitchen. The complaint alleges agents also found a mortar and pestle with residue that could be remnants of ground castor beans, along with instructions on how to make ricin. Layman was arrested later that day.
On August 1, 2017, a grand jury indicted Layman on one count of using interstate communications with the intent to hire someone to commit murder. On October 3, a grand jury returned a superseding indictment that added one count of possessing ricin without the required registration.
Today Layman pleaded guilty to possessing ricin illegally. The government has agreed to dismiss the murder-for-hire count at sentencing.
As a result of today’s guilty plea, Layman faces a maximum sentence of five years in prison, three years of supervised release, and a fine of $250,000.
This case is the result of an investigation by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorneys Ashley L. Altshuler and David P. Petermann.
Reference is made to court records for further information.
Pittsburgh Man Sentenced to Prison for Failing to Update his Sex Offender RegistrationRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, was sentenced in federal court to 19 months’ imprisonment, followed by six months’ community confinement and lifetime supervised release on his conviction for failure to update his registration in accordance with the Sex Offender Notification Act (SORNA), United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Kenneth Patrick Jeffries, 34, of Pittsburgh, Pennsylvania.
According to information presented to the court, Jeffries, who had previously been convicted of receiving child pornography, a conviction that required him to register as a sex offender, violated the provisions of SORNA when he failed to properly update his registration in January and February 2017, to reflect his current residential address. Contrary to the conditions of his supervised release, he had been living with his girlfriend, also a previously convicted felon, and her minor children.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.
The United States Marshals Service conducted the investigation that led to the prosecution of Jeffries.
Pennsylvania Couple Charged with Distributing Fake Oxycodone Pills Containing HeroinRead the Press Release
NEWARK, N.J. – A man and woman from Hazleton, Pennsylvania, were charged today with conspiring to distribute heroin pills that were made to look like 30-milligram tablets of oxycodone, U.S. Attorney Craig Carpenito announced.
Francisco Perez, 31, and Nadia Moronta Pena, 33, are charged by criminal complaint with conspiring to distribute more than 100 grams of heroin. The defendants appeared this afternoon before U.S. Magistrate Judge Michael A. Hammer in Newark federal court. Perez was detained. Pena was released on $150,000 unsecured bond.
According to the complaint:
During the course of an investigation into the illegal manufacturing and distribution of opioids and other narcotics in New Jersey, an undercover law enforcement agent received information that Perez was illegally distributing oxycodone.
On Jan. 23, 2018, Perez allegedly met the undercover agent in Paterson, New Jersey, and sold the undercover agent approximately 1,000 pills that were similar in size, shape, color, and physical markings to 30-milligram oxycodone tablets manufactured by pharmaceutical companies. However, when the pills were tested in a lab, they were found to contain a mixture of Tramadol, a Schedule IV synthetic opioid, and heroin.
On Feb. 7, 2018, the undercover agent again met with Perez in Paterson, this time to purchase up to 40,000 pills. During the meeting, Perez motioned to Pena, who brought over a white bag containing thousands of pills for the undercover agent to examine before the deal. Perez and Pena were then arrested at the scene, and law enforcement agents recovered more than 20,000 additional pills that were similar in appearance to the heroin pills that Perez sold the undercover agent on Jan. 23, 2018.
Around the time Perez and Pena were arrested, law enforcement officers conducted a search of their residence in Pennsylvania. They recovered numerous other pills, approximately one kilogram of a powdery substance believed to be heroin, pill-press materials, and a box containing several bottles of liquid labeled “Fentanyl.” A firearm was recovered from inside a compartment in the wall of the residence.
U.S. Attorney Carpenito credited special agents with the DEA, under the direction of Special Agent in Charge Valerie A. Nickerson in Newark, as well as the DEA Scranton Resident Office, the Hazleton Police Department, and the Passaic County Sheriff’s Office with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Melissa Wangenheim of the Organized Crime Drug Enforcement Task Force/Narcotics Unit in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Defense Counsel: Perez: John Yauch Esq.
Pena: Paulette Pitt Esq.Orwell Man Sentenced to 84 months of Imprisonment for Armed Robbery of Fair Haven Maplefields Store in September 2015Read the Press Release
The Office of the United States Attorney for the District of Vermont stated that Matthew Hinton, 28, most recently of Orwell, Vermont, has been sentenced by U.S. District Court Judge Christina Reiss to 84 months of imprisonment for an armed robbery of the Maplefields convenience store in Fair Haven, which occurred on September 30, 2015. The defendant previously pled guilty to this robbery, as well as possessing a stolen firearm, which he stole during a burglary in Orwell, Vermont, a couple days prior to the robbery.
Judge Reiss also sentenced Hinton to three years of supervised release, which will follow his prison sentence. Finally, Judge Reiss ordered Hinton to pay $2,150 in restitution to the Orwell burglary victims and $200 in restitution to Maplefields.
According to the facts stipulated to by Hinton, on September 28, 2015, Hinton burglarized a home on Daigneault Hill Road in Orwell, Vermont and stole, among other items, a Ruger .357 caliber revolver. On September 30, 2015, at about 2:30 A.M., the defendant entered the Maplefields convenience store in Fair Haven, Vermont and pointed the Ruger revolver at the store clerk in a threatening manner and demanded that she open the cash register drawer, which she did. The defendant then took $80 of cash from the cash register. The defendant ordered the store clerk to hand him two cartons of cigarettes from behind the counter and she complied. The defendant then told her to get on the floor and stay down on the floor or there would be problems. According to court records, the store clerk still suffers from PTSD from the armed robbery.
Hinton was initially arrested on September 30, 2015 on state charges. The state charges against him include charges brought by the Addison County State’s Attorney for three other burglaries in the Orwell and Shoreham area committed by Hinton on September 28, 2015. Hinton recently pled guilty to these charges and was sentenced to 4-10 years of incarceration. In addition, Hinton has a pending state charge for escape from custody (furlough) in Rutland County brought by the Rutland County State’s Attorney.
Hinton will not receive credit on the federal sentence for the prior time he has spent in state custody, which has been continuous since September 30, 2015. In other words, Hinton did not start receiving credit for his 84-month federal sentence until February 6, 2018, the day of his federal sentencing. At that point, his federal sentence and state sentences will run concurrently.
U.S. Attorney Christina Nolan noted that this prosecution is part of the U.S. Department of Justice’s Project Safe Neighborhood, a nationwide commitment to reduce gun crime in America. Led by the U.S. Attorney’s Office and the Bureau of Alcohol Tobacco, Firearms and Explosives, Project Safe Neighborhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who violate federal gun laws. For more information about Project Safe Neighborhood and Project Safe Vermont, please visit: www.projectsafeneighborhoods.gov
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Fair Haven Police Department, and the Vermont State Police. The case was prosecuted by Assistant U.S. Attorney Joseph Perella. Hinton is represented by David McColgin of the Federal Public Defender’s Office.