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26 January 2018
Citizen of Ghana Indicted on Charges of Assaulting Federal OfficersRead 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 a federal grand jury has returned an indictment charging Nana Dwomah Yeboah, 34, a citizen of the Republic of Ghana, with assaulting and resisting federal law enforcement officers and possessing a controlled substance with intent to distribute. The charges carry a maximum penalty of 20 years in prison and a fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the indictment and a previously filed complaint, on the morning of December 24, 2017, Customs and Border Protection Officers were conducting a routine patrol of the Greyhound bus station on Cumberland Street in Rochester. Officers observed the defendant enter the bus station, place a package on a bench in the lobby area, and exit the station, leaving the package unattended. After several minutes, the officers searched the abandoned package to ensure that it did not pose a threat to the public. Inside, the officers discovered a quantity of marijuana that appeared to be packaged for sale. After several minutes, Yeboah returned to the area and was questioned by the officers, who quickly determined that he was not a U.S. Citizen. As officers attempted to detain and further identify the defendant, he fled the station, leading the officers on a short chase. Yeboah was ultimately apprehended, but proceeded to fight the officers for several minutes, causing one of the officers to suffer facial injuries that required treatment at Rochester General Hospital.
The defendant was arraigned this afternoon before U.S. Magistrate Judge Jonathan Feldman and is being detained.
The indictment is the result of an investigation by Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations, with assistance from the Rochester Police Department, under the direction of Chief Michael Ciminelli.
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.
Cincinnati Man Sentenced to Life Imprisonment for Distributing Carfentanil that Resulted in DeathRead the Press Release
LEXINGTON, KY. – Robert Lee Shields, 30, of Cincinnati, was sentenced today by U.S. District Court Judge Danny C. Reeves to serve two terms of life imprisonment for distribution of carfentanil that resulted in death and serious bodily injury.
Shields was convicted after a jury trial in Lexington in July 2017. The jury found Shields guilty of all counts, including conspiracy to distribute carfentanil, fentanyl and heroin, distribution of carfentanil resulting in death and distribution of carfentanil resulting in serious bodily injury.
Shields co-defendant, Wesley Scott Hamm, was found guilty of the same charges. Hamm was recently sentenced by Judge Reeves to serve terms of imprisonment of 420 months as to each of the counts of distribution resulting in death or serious bodily injury, and 240 months for the conspiracy charge. All counts were ordered to run concurrently.
The charges against both Shields and Hamm resulted from multiple near-fatal overdoses and one fatal overdose in Montgomery County in August 2016. The investigation revealed that the lethal substance was carfentanil, a drug commonly used as a general anesthetic for large animals, such as elephants. It is 100 times more potent than fentanyl, and 10,000 times more potent than morphine.
“Reducing access to opioids is a top priority for the Department of Justice,” said United States Attorney Robert M. Duncan, Jr. “We are committed to this fight by aggressively prosecuting drug traffickers that spread their poison in our communities. The sentences imposed should send a strong message that illegally distributing lethal drugs will not be tolerated in the Eastern District of Kentucky. If you distribute drugs and cause a death, you could spend the rest of your life in prison. I want to commend the federal and local agencies that worked in partnership to investigate this case. Without their quick action, more lives could have been lost.”
Under federal law, Hamm must serve 85 percent of his prison sentence. There is no parole in the federal system which will mean that Shields will serve life for his sentences.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Christopher D. Evans, Special Agent in Charge, DEA Louisville, Fred Shortridge, Montgomery Co Sheriff and Chief David Charles, Mt. Sterling Police Department. jointly made the announcement today after the sentencing hearing.
Investigators with the Drug Enforcement Administration, the Montgomery County Sheriff’s Department, and the Mt. Sterling Police Department conducted the investigation that led to the arrest, prosecution and conviction of both Shields and Hamm. Assistant United States Attorney Todd Bradbury represented the United States.
Camden Man Pleads to Federal Firearm and Drug ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated that Swan Nicoyis Jackson, age 22, of Camden, plead guilty yesterday in federal court to being a felon in possession of a firearm and possession with intent to distribute marijuana, all in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e) and Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(D), and 851. Senior United States District Judge Cameron McGowan Currie, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that on morning of June 2, 2017, Kershaw County Sheriff’s Department deputies encountered Jackson and another male walking down railroad tracks near a neighborhood that had recent thefts. When deputies asked Jackson and the other male to stop, they both ran. Deputies could smell marijuana emanating from their direction. During the chase, Jackson fell and deputies were able to catch up to him and found a 9mm handgun in his pants pocket, along with marijuana. Further investigation revealed that the firearm had been reported stolen from a residence.
Jackson is prohibited under federal law from possessing firearms based upon his prior separate state convictions for possession of crack cocaine, possession with intent to distribute marijuana, distribution of crack cocaine (2 counts), distribution of crack cocaine near a school, possession with intent to distribute marijuana 2nd offense, and possession of crack cocaine 3rd offense or more.
On the firearm charge, Jackson faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the felon in possession of a firearm and ammunition charge. However, if he is deemed an armed career criminal in light of his extensive prior convictions for serious drug offenses, he would face a statutory mandatory minimum term of imprisonment of 15 years with a maximum of life, a fine of $250,000, and 5 years of supervised release on the firearm charge. Jackson faces a maximum of 10 years, a fine of $4,000,000 and 4 years of supervised release on the marijuana charge.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Kershaw County Sheriff’s Department and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
Project Ceasefire is South Carolina’s continued application of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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Buffalo Woman Indicted on Heroin Charge in Case Involving Overdose DeathRead 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 a federal grand jury has returned an indictment charging Brittney Ridgeway, 29, of Buffalo, NY, with possession with intent to distribute, and distribution of, heroin. The charge carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the indictment and a previously filed complaint, on November 24, 2017, at approximately 8:30 p.m., Cheektowaga Police officers responded to a report of a possible overdose death. After the officers arrived, they discovered a deceased 28 year-old female in the residence. Investigators who examined the scene discovered a NARCAN kit which had been opened but unused, items of drug paraphernalia, and a red and white checkered wax envelope, the type commonly used to package heroin.
Also discovered, a cellular phone belonging to the deceased woman. Investigators accessed the contents and recovered a series of text messages between the woman and another individual that appeared to be drug related in nature. Subsequent investigation determined that the other individual was Brittney Ridgeway.
The defendant was previously convicted on a federal charge of conspiracy to possess with intent to distribute and distribution of fentanyl and sentenced to 15 months in prison. Ridgeway was released on June 28, 2017, and began 36 months supervised release.
On November 29, 2017, United States Probation officers met with the defendant. Ridgeway refused to provide her cell phone for examination. Officers then conducted a search of Ridgeway's Waverly Street residence and recovered a box containing numerous red and white checkered wax envelopes, similar in physical size and color to the envelope found near the deceased woman. Ridgeway was uncooperative with Probation Officers conducting the investigation.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Cheektowaga Police Department, under the direction of Chief David Zack; and the U.S. Probation Department, under the direction of Chief Probation Officer Anthony SanGiacomo.
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.
Bronx Man Charged with Armed Bank RobberyRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, Police Commissioner of the City of New York (“NYPD”), announced today the arrest of DAVID MICHAEL HYLTON in connection with a robbery of a bank in the Bronx, during which thousands of dollars were stolen. HYLTON was arrested yesterday, and presented today in Manhattan federal court before the Honorable Andrew J. Peck.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, David Michael Hylton robbed a Bronx bank during business hours yesterday, wielding what appeared to be a shotgun. Thanks to the FBI and the NYPD, shortly after Hylton got $7,000, the Violent Crimes Task Force got Hylton.”
FBI Assistant Director William F. Sweeney Jr. said: “As alleged, Hylton thought he could make a quick getaway after robbing a Bronx bank yesterday, making off with more than $7,000 in cold hard cash. But thanks to members of the Joint Violent Crimes Task Force, he was caught red-handed and no longer remains a threat. The FBI and our partners will continue to aggressively investigate bank robbery cases to minimize the threat these alleged criminals pose to our community.”
According to the allegations in the Complaint filed in Manhattan federal court:[1]
On January 25, 2018, at approximately 10:00 a.m., HYLTON entered a bank in the Bronx, gained access to the secure teller area, and approached a bank teller. HYLTON brandished what appeared to be a shotgun and demanded that the teller give him the money the teller was holding. HYLTON took from the teller over $7,000 in United States currency. HYLTON then fled and was later apprehended and arrested.
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HYLTON, 33, of the Bronx, New York, is charged with one count of bank robbery, which carries a maximum sentence of 20 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI-NYPD Joint Violent Crimes Task Force.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Juliana N. Murray is in charge of the prosecution.
The charge contained in the Complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Bradenton Man Pleads Guilty to Distributing Fentanyl Resulting in DeathRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that David Earl Johnson (37, Bradenton) has pleaded guilty to distributing and possessing with the intent to distribute fentanyl resulting in death. He faces a minimum mandatory penalty of 20 years, up to life, in federal prison. Johnson also must pay restitution to the family of the victim.
According to the plea agreement, on January 11, 2017, Johnson distributed fentanyl, which resulted in the death of “K.H.,” who was found unresponsive and later pronounced dead that day from fentanyl intoxication. The investigation into the victim’s death identified Johnson as the Bradenton-based supplier who had sold the fentanyl to the victim.
After Johnson was identified, detectives from the Manatee County Sheriff’s Office arranged an undercover purchase of fentanyl from him on the evening of January 11, 2017. During that meeting, Johnson gave eight bags of fentanyl to an undercover detective, and he was arrested.
“The Manatee County Sheriff’s Office will continue to work with all of our partners to ensure that the victims and their surviving family members get justice through our legal system,” said Manatee County Sheriff Rick Wells. “We appreciate the hard work of the United States Attorney’s Office to bring this very important case to a successful conclusion.”
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation dubbed “Hot Batch.” It was investigated by the Manatee County Sheriff’s Office and the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Dan Baeza.
Bossier City woman pleads guilty to distributing methamphetamine, possessing firearmRead the Press Release
SHREVEPORT, La. – United States Attorney Alexander C. Van Hook announced that a Bossier City woman pleaded guilty Thursday to conspiring to distribute methamphetamine and possessing a firearm.
Erin W. O’Daniel, 35, Bossier City, La., pleaded guilty before U.S. District Judge Elizabeth E. Foote to one count of conspiracy to possess with intent to distribute methamphetamine and one count of possession of a firearm in furtherance of drug trafficking. According to the guilty plea, a Webster Parish sheriff’s deputy pulled over O’Daniel’s car on October 27, 2017 on Interstate 20. The deputy noticed a strong odor of marijuana and saw a large sum of cash in a bag in the center console of the car. The deputy searched the car and found two bags in the center console containing 282.7 grams of methamphetamine, two bags of marijuana, 14 ecstasy pills, a set of digital scales, plastic baggies and a .40 caliber loaded pistol. She was then arrested and taken to the Minden Police Department. She later stated she had more methamphetamine at home, and law enforcement agents recovered an additional 113.5 grams of methamphetamine in a box under her bed.
O’Daniel faces 10 years to life in prison for the conspiracy count and five years for the firearms count to run consecutive to the conspiracy count. She also faces four years of supervised release and a $10 million fine. The court set a sentencing date of May 8, 2018.
The DEA, Louisiana State Police, Webster Parish Sheriff’s Office and Minden Police Department conducted the investigation. Assistant U.S. Attorneys James G. Cowles Jr. and Aaron Crawford are prosecuting the case.
Bethlehem Man Charged with Six Counts of RobberyRead the Press Release
PHILADELPHIA – Herik A. Jaramillo, 29, of Bethlehem, Pennsylvania was charged today by Indictment with six counts of robbery which interferes with interstate commerce in violation of the Hobbs Act, announced United States Attorney Louis D. Lappen.
If convicted on all counts, the defendant faces a maximum sentence of 120 years in prison, plus possible fines, supervised release, and special assessments.
This case was investigated by the Bethlehem Police Department, the Lehigh Valley Violent Gang Task Force, and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Timothy M. Stengel.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Barbour County man admits to his role in a firearms conspiracyRead the Press Release
ELKINS, WEST VIRGINIA – A Volga, West Virginia man has admitted today to his role in a firearms theft and sale scheme, United States Attorney Bill Powell announced.
Aaron Matthew McLain, age 37, pled guilty to one count of “Possession of Stolen Firearm - Aiding and Abetting.” McLain admitted to receiving, possessing, bartering or selling two firearms in Barbour County in October 2016.
McLain faces 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 D. Warner is prosecuting the cases on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives, The Mountain Region Drug & Violent Crime Task Force, the Greater Harrison Drug &Violent Crime Task Force, a HIDTA-funded initiative, the West Virginia State Police, Upshur County Sheriff’s Office, Lewis County Sheriff’s Office, the Buckhannon Police Department, and the Weston Police Department investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Michael John Aloi presided.Bank Teller Sentenced to 15 Months in Federal Prison for Gradually Embezzling $180,000 from South Side BankRead the Press Release
CHICAGO — A former teller at a South Side bank has been sentenced to 15 months in federal prison for gradually embezzling approximately $180,000 in bank funds.
PATRICK GALVAN worked as a teller at Chicago Community Bank in the city’s Bridgeport neighborhood. Galvan pocketed cash from his teller drawer and concealed the theft by falsely inflating the amount of coins held in the bank’s vault. Galvan took the money over a two-and-a-half year period, occasionally processing coins through a coin counter at his teller station in order to give the appearance that he was handling large amounts of coins from customers.
Galvan, 39, of Chicago, pleaded guilty last year to one count of embezzlement. U.S. District Judge John Robert Blakey on Wednesday imposed the 15-month prison sentence.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; and Joseph Moriarty, Special Agent-in-Charge of the Chicago Regional Office of the Federal Deposit Insurance Corporation - Office of Inspector General.
“This was a serious, calculated, and deliberate crime, and the defendant took advantage of the trust placed in him by his employer to pull it off,” Assistant U.S. Attorney Amarjeet S. Bhachu argued in the government’s sentencing memorandum.
In addition to his teller duties, Galvan managed the bank’s coin accounts and was responsible for reporting the total amount of coins present in the vault. Galvan admitted in a plea declaration that he pocketed the cash and falsely reported the coin total from 2008 to 2010.
Bank Robber Pleads GuiltyRead the Press Release
U.S. Attorney Duane A. Evans announced that CASEY JOHNSON, age 27, has pleaded guilty to one count of Bank Robbery with a Firearm in violation of Title 18, U.S.C. Sections 2113(a) and (d) and 2. The defendant faces a maximum sentence of 25 years in the Bureau of Prisons, five years of supervised release, a fine of up to $250,000, and restitution to the victim bank in this case.
On December 20, 2014, two tellers at the Chase Bank drive-up location at the intersection of Gentilly Boulevard and Elysian Fields Avenue in New Orleans reported that two armed and masked men entered the bank and robbed the location of $196,715 in cash. CASEY JOHNSON admitted to being the get-away driver when his brother, Walter Johnson and friend, Jay Lyons, entered the bank and committed the robbery.
The U.S. Attorney wishes to thank the hard work of the FBI’s Violent Crime Unit in investigating the matter. The case was handled by Assistant United States Attorneys Myles Ranier and David Haller.
Bangor Man Pleads Guilty to Possessing Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that David Jack, 43, of Bangor, pleaded guilty today in U.S. District Court to possessing child pornography.
According to court records, in the summer of 2016, the defendant, while living in Bangor, used his cellular telephone to show images of children engaged in sexual activity to a 9-year-old girl. Shortly thereafter, detectives with the Bangor Police Department obtained a search warrant for the defendant’s home and seized two laptop computers and a cellular telephone. A forensic examination of those devices revealed over two thousand images of children, many of them prepubescent, engaged in sexually explicit conduct.
The defendant faces up to 20 years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the Bangor Police Department and the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
BNP Paribas USA Inc. Pleads Guilty to Antitrust ConspiracyRead the Press Release
BNP Paribas USA Inc. (BNPP USA), a subsidiary of BNP Paribas S.A., pleaded guilty yesterday to participating in a price-fixing conspiracy in the foreign currency exchange (FX) market, the Justice Department announced.
According to the one-count information filed yesterday in the U.S. District Court for the Southern District of New York, between September 2011 and July 2013, BNPP USA conspired to suppress and eliminate competition by fixing prices in Central and Eastern European, Middle Eastern and African (CEEMEA) currencies, in violation of the Sherman Act, 15 U.S.C. § 1. The conspiracy involved manipulation of prices on an electronic FX trading platform through the creation of non-bona fide trades, coordination of bids and offers on that platform and agreements on currency prices to quote specific customers, among other conduct.
“The Antitrust Division is committed to uncovering and prosecuting wrongdoing in all corners of the foreign currency exchange market, including this conspiracy affecting multiple emerging market currencies,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “The Division’s investigation aims to root out and eradicate the manipulation that has plagued this industry.”
“This guilty plea holds BNP Paribas accountable for its corrupt price-fixing behavior which violated the integrity of the financial services industry and undermined competition,” said FDIC Inspector General Jay N. Lerner. “We are pleased to work with our law enforcement partners in combating this misconduct.”
As part of its sentence, BNPP USA has agreed to pay a criminal fine of $90 million. Both the government and BNPP USA have agreed to recommend no probation, in light of, among other factors, the bank’s substantial efforts relating to compliance and remediation. BNPP USA also has agreed to cooperate with the government’s ongoing criminal investigation into the FX market, and to report relevant information to the government.
BNPP USA’s guilty plea follows the Jan. 4, 2017 guilty plea of its former CEEMEA trader Jason Katz, and the Jan. 12, 2017 guilty plea of a former CEEMEA trader from another financial institution, Christopher Cummins. In addition, on Jan. 10, 2017, three individuals from other financial institutions – Richard Usher, Rohan Ramchandani and Christopher Ashton – were indicted for conspiring to fix prices and rig bids for U.S. dollars and euros. The charge in the indictment is merely an allegation, and the defendants are presumed innocent unless and until proven guilty.
BNPP USA is the sixth major bank to plead guilty as a result of the department’s ongoing investigation into antitrust and fraud crimes in the FX market. On May 20, 2015, four major banks – Citicorp, JPMorgan Chase & Co., Barclays PLC and The Royal Bank of Scotland plc – pleaded guilty at the parent level and agreed to pay collectively more than $2.5 billion in criminal fines for their participation in an antitrust conspiracy to manipulate the price of U.S. dollars and euros exchanged in the FX market. A fifth bank, UBS AG, pleaded guilty to manipulating the London Interbank Offered Rate (LIBOR) and other benchmark interest rates and agreed to pay a $203 million criminal penalty, after breaching its December 2012 non-prosecution agreement resolving the LIBOR investigation.
This antitrust investigation is being conducted by the Antitrust Division’s New York Office with the assistance of the FDIC OIG and the FBI’s Washington Field Office. The Criminal Division’s Fraud Section also provided substantial assistance in this matter.
25 January 2018
Wheeling man sentenced for firearm chargeRead the Press Release
WHEELING, WEST VIRGINIA - Levar Jermain Matthews, of Wheeling, West Virginia, was sentenced today to 84 months incarceration for a firearms charge, United States Attorney Bill Powell announced.
Matthews, age 40, pled guilty to one count of “Unlawful Possession of a Firearm” in September 2017. Matthews, having previously been convicted of Distribution of Crack Cocaine Within 1,000 feet of a School in the United States District Court for the Northern District of West Virginia, admitted to possessing a .38 special caliber revolver. The crime occurred in April 2017 in Ohio County.
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wheeling Police Department investigated.
U.S. District Judge John Preston Bailey presided.
Volga Man Convicted on Disturbing Protected WetlandsRead the Press Release
United States Attorney Ron Parsons announced that Kevin Jay Mast, age 61, of Volga, South Dakota, was found guilty of Disturbing Protected Wetlands of the United States, as a result of a federal jury trial in Sioux Falls, South Dakota. The jury returned the verdict on January 18, 2018.
The charge carries a maximum penalty of 6 months in custody and/or a $10,000 fine.
Mast was indicted by a federal grand jury on September 6, 2017.
On January 19, 1973, an easement was voluntarily sold to the United States for waterfowl management rights. The easement prohibited the drainage of any wetland areas on the property. In 2010, the U.S. Fish & Wildlife Service notified Kevin Mast that his plan to install drain tile conflicted with the protected wetlands and would not be permitted. Despite the warning, Mast installed the drain tile in the fall of 2013. The jury’s verdict concluded that Mast disturbed, injured, and destroyed the wetland areas protected by the easement, and did not have the authority and permission of the United States of America.
This case was investigated by the U.S. Fish and Wildlife Service and prosecuted by Assistant U.S. Attorney Jeff Clapper.
A presentence investigation was ordered and a sentencing date was set for April 9, 2018.
Visalia, California, Man Pleads Guilty to Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Aichu Saesee, age 30, of Visalia, California, pled guilty to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years imprisonment, up to a $10,000,000.00 fine, or both.
The Indictment alleged that on or about July 14, 2017, within the Eastern District of Oklahoma, the Defendant, Aichu Saesee, did knowingly and intentionally possess with intent to distribute 50 grams or more of methamphetamine (actual), a Schedule II controlled substance.The charges arose from an investigation by the Latimer County Sheriff’s Office and the Drug Enforcement Administration.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Kristin Harrington represented the United States.
Virginia Man Pleads Guilty in Odometer and Title Fraud SchemeRead the Press Release
A Norfolk, Virginia, man pleaded guilty today to operating an odometer fraud scheme involving more than 50 vehicles, the Department of Justice announced.
Lawson W. Basnight, 48, pleaded guilty in the Eastern District of Virginia to one count of conspiracy to commit securities fraud and odometer tampering.
Basnight pleaded guilty before U.S. Magistrate Judge Douglas E. Miller. Sentencing is set for May 16.
“When consumers purchase a vehicle, they rely on recorded mileage totals in assessing a vehicle’s cost, condition, and reliability for passenger safety,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice will continue to work diligently to prosecute individuals who use altered odometers and phony titles to defraud consumers.”
As part of his plea, Basnight acknowledged that, between 2010 and 2016, he purchased high-mileage vehicles online and then arranged to alter those vehicles’ odometers to reflect false, lower mileage readings. He also obtained fraudulent Virginia motor vehicle titles with mileage readings matching the false, lower mileages on the odometers. Basnight used the fraudulent titles to sell the vehicles with inflated sales prices to subsequent purchasers. As a result, consumers paid more for their vehicles than they would have paid had they known the true mileages and were unknowingly driving high-mileage vehicles. Basnight agreed that his conduct caused between $250,000 and $550,000 in loss to consumers.
Trial Attorneys Jacqueline Blaesi-Freed and John W. Burke of the Civil Division’s Consumer Protection Branch are prosecuting this case with assistance from Assistant U.S. Attorney Elizabeth Yusi of the U.S. Attorney’s Office for the Eastern District of Virginia. The Virginia Department of Motor Vehicles and the National Highway Traffic Safety Administration Office of Odometer Fraud Investigation (NHTSA) investigated the case.
NHTSA estimates that odometer fraud in the United States results in consumer losses of more than $1 billion annually and has established a special hotline to handle odometer fraud complaints. Individuals having information relating to odometer tampering should call (800) 424-9393 or (202) 366-4761.
More information on odometer fraud is available on the NHTSA website at http://www.nhtsa.gov/Odometer-Fraud, and tips on detecting and avoiding odometer fraud are available at this page: www.nhtsa.gov/staticfiles/nvs/pdf/811284.pdf
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
United States Attorney Ongoing Commitment to Supporting Service MembersRead the Press Release
Greenville, South Carolina---- United States Attorney Beth Drake stated today that the United States Attorney’s Office demonstrated its commitment to support our nation’s men and women in uniform, including the protections for service members with disabilities under the Uniformed Services Employment Reemployment Rights Act or the USERRA.
USERRA is a 1994 Federal law that establishes rights and responsibilities for uniformed service members and their civilian employers. Its origins date back to earlier statutes first enacted in 1940 shortly before the United States entered World War II, when so many Americans were ‘called to the colors’ in defense of our country. USERRA is intended to encourage non-career uniformed service so the United States can enjoy the protection of those Services, staffed by qualified people, while maintaining a balance with the needs of private and public employers who also depend on these same individuals.
On January 24, 2017, the U.S. Attorney’s Office participated in training in Greenville, South Carolina, for Human Resource (HR) professionals on a wide variety of Federal Disability Employment laws. The event was sponsored by Touch the Future, Greenville CAN, Greenville Technical College, and Greenville chapter of Society for Human Resource Management (SHRM). This highly successful, well-attended program was held at the Center for Manufacturing Innovation in Greenville.
AUSA Rob Sneed provided training on the USERRA, focusing on the rights of returning service members with disabilities. There were several other presenters, including from the South Carolina Human Affairs Commission (SCHAC), Department of Labor Veterans Employment and Training Service (DOL-VETS), Equal Employment Opportunity Commission (EEOC), and Department of Labor Office of Federal Contract Compliance Programs (OFCCP).
The lead organizer for the event was Ms. Sandy Hanebrink, Executive Director of Touch the Future, which is a non-profit organization that provides a wide range of services to individuals with disabilities, as well as those in the public and private sector. AUSA Rob Sneed worked with Ms. Hanebrink in organizing the event and recruiting speakers from the above-mentioned agencies that work in collaboration with the U.S. Attorney’s Office in civil rights matters.
U.S. Attorney Drake stated that, “Over twenty years ago, in 1994 Congress passed, and the President signed the USERRA, following Desert Storm.” She added that USERRA strengthened and clarified protections for service members from prior federal statutes regarding military leave. According to U.S. Attorney Beth Drake, “Preventative law training events such as this are a win-win situation for both employers and service members in South Carolina. Employers benefit by becoming more knowledgeable about the law. Service members benefit when their companies avoid missteps.” The U.S. Attorney’s Office participation in this event demonstrates the continued commitment from the Department of Justice and the U.S. Attorney’s Office to the Service Member and Veterans Initiative and civil rights program under federal disability laws.
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U.S. Postal Worker Charged with Making False Workers’ Compensation ClaimsRead the Press Release
U.S. Attorney Duane A. Evans, announces the filing of charges against LEXY LOPEZ-BATEMAN, age 40, of Slidell.
According to court documents, LOPEZ-BATEMAN was an employee of the United States Postal Service when she suffered an on-the-job injury in 2015. She was therefore entitled to workers compensation benefits, including costs of travel to and from medical appointments. However, beginning in 2015, she submitted fraudulent requests for reimbursement for travel that never occurred. She continued to submit these fraudulent requests for reimbursement through June 2017. In total, LOPEZ-BATEMAN defrauded the U.S. government of $16,851.10.
LOPEZ-BATEMAN was charged January 23, 2018 in a bill of information with one count of making false statements to obtain federal workers’ compensation benefits, a violation of Title 18, United States Code, Section 1920. If convicted, she faces a maximum of 5 years in prison, a maximum $250,000.00 fine, and up to three years of supervised release.
U.S. Attorney Evans reiterated that the bill of information is merely a charge and that the guilty of the defendant must be proven beyond a reasonable doubt.
U. S. Attorney Evans praised the investigation as the product of the efforts of the U.S. Postal Services Office of Inspector General. The prosecution is being handled by Assistant United States Attorney Matthew Payne.
U.S. Files Amended Complaint to Forfeit $500,000 in EB-5 Funds from Sanctioned Chinese Coal Company Accused of Laundering Money for North KoreaRead the Press Release
WASHINGTON - The United States has filed an amended complaint to forfeit an additional $500,000, for an aggregate amount of $4,583,935, from Dandong Chengtai Trading Co. Ltd. also known as Dandong Zhicheng Metallic Material Co., Ltd, and its owner Chi Yupeng, announced U.S. Attorney Jessie K. Liu and Jeffrey S. Sallet, Special Agent in Charge of the FBI’s Chicago Field Office.
The original complaint, which sought to forfeit $4,083,935, was filed on Aug. 22, 2017 in the U.S. District Court for the District of Columbia. According to the complaint, Dandong Chengtai is owned by a Chinese national, Chi Yupeng, and is based in Dandong, China. The investigation revealed that North Korea exports coal for the benefit of the North Korean government, and in particular, its military. Coal generates over $1 billion in revenue per year for North Korea.
Also on Aug. 22, 2017, the Treasury Department designated Dandong Zhicheng for having sold coal from North Korea. The designation noted that Dandong Zhicheng allegedly used the foreign exchange received from the end users of North Korean coal to purchase other items for North Korea, including nuclear and missile components. Chi Yupeng was also designated, for having used a network of companies to engage in bulk purchases, wire transfers, and other transactions on behalf of North Korean interests.
Today’s amended complaints adds $500,000 seized from an EB-5 visa investment account. The EB-5 visa program provides a method for eligible immigrant investors to become lawful permanent residents (i.e., “green card holders”) by investing at least $500,000 to finance a business in a targeted employment area in the United States that will employ at least 10 American workers.
From on or about Nov. 5, 2015, through Nov. 13, 2015, according to the amended complaint, Chi Yupeng and his wife directed 12 wire transfers by 12 different individuals for a combined total of approximately $568,405 into a bank account in the United States controlled by a family member. These wires ranged in values between approximately $31,335 and $50,000, which the government alleges was part of a scheme to circumvent Chinese capital outflow rules. On Nov. 13, 2015, the same day as the final transfer into the U.S. bank account, Chi Yupeng and his wife caused a wire for $550,100 to be sent to an EB-5 investment program account.
The amended complaint states that those funds are subject to forfeiture as Chi Yupeng and Dandong Chengtai generated millions of dollars of revenue from the illegal sale of North Korean coal that benefitted sanctioned entities in North Korea. The subsequent laundering of the proceeds of these transactions, including by attempting to invest in the EB-5 program is in violation of U.S. law.
The claims made in the complaint are only allegations and do not constitute a determination of liability.
The FBI’s Chicago Field Office, with support from the FBI Counterproliferation Center, is investigating the case. Assistant U.S Attorneys Arvind K. Lal, Zia M. Faruqui, Christopher B. Brown, Deborah Curtis, Ari Redbord, and Brian P. Hudak are prosecuting the case, with assistance from Paralegal Specialist Toni Anne Donato and Legal Assistant Jessica McCormick.
Two Men Convicted of Engaging in Child Exploitation ConspiracyRead the Press Release
A Lemon Grove, California resident, and a Harrodsburg, Kentucky resident were convicted today of multiple child exploitation crimes, including conspiracy offenses, in Harrisburg, Pennsylvania after a seven-day jury trial, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney David J. Freed of the Middle District of Pennsylvania and Deputy Executive Associate Director Derek Benner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI).
William Staples, 57, a resident of Harrodsburg, Kentucky, was found guilty of conspiracy to advertise child pornography; conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography.
Dylan Heatherly, 34, a student in Lemon Grove, California, was found guilty of conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography.
A sentencing date has not yet been scheduled.
“Today’s verdicts mark the latest chapter in the Department’s unwavering commitment to targeting dangerous child sex offenders,” said Acting Assistant Attorney General Cronan. “The prosecution of the 15 individuals in this case, many of whom were responsible for the reprehensible sexual abuse of a six-year-old child on a live-streaming, video-conferencing platform, resulted in 15 fewer child predators on our streets. We will continue to work closely with our domestic and foreign law enforcement partners to identify and punish child sex offenders who seek to use technological means to commit their heinous crimes.”
“The production and distribution of child sexual abuse material is a horrific crime that can negatively affect victims for their entire lives,” said HSI Deputy Executive Associate Director Benner. “ICE agents are committed to aggressively investigating these crimes to ensure that child predators can’t maintain anonymity behind emerging online platforms and complicated criminal schemes.”
According to trial evidence, between April 11, 2014 and May 11, 2016, Staples, Heatherly, and 12 co-conspirators located in different states worked together and with others to create a secure space on a video conferencing website where like-minded individuals could regularly live-stream videos of child pornography of prepubescent children, some as young as infants, to each other in an effort to minimize any evidence of such child pornography being located on their individual devices. In addition to streaming pre-recorded videos of child pornography, on July 22, 2015, an undercover Toronto Police Detective Constable observed a six-year-old child being sexually abused live via video conference for everyone in the secure space to see. Many individuals commented on and encouraged the sexual abuse of the child in real time. The following day, on July 23, 2015, law enforcement rescued the child and arrested co-conspirator William Augusta who had been sexually abusing the child.
In May 2016, 15 individuals were charged in an 18-count superseding indictment by a grand jury in the Middle District of Pennsylvania with multiple child exploitation offenses, many of which related to 14 co-conspirators’ involvement in using the video conferencing website to produce, advertise, distribute, and/or receive child pornography. Twelve of the defendants pleaded guilty prior to trial:
- William Augusta, 21, a resident of Carlisle, Pennsylvania, pleaded guilty on Oct. 28, 2016, to each of the 13 counts with which he was charged, including multiple counts of production of child pornography involving two different children. On Oct. 31, 2017, Judge Kane sentenced Augusta to serve 60 years in prison to be followed by a lifetime of supervised release.
- Scott Lane, 34, former Executive Director of Donor Relations and Fundraising Programs for Pace University, of Manhattan, pleaded guilty on Jan. 11, five days before trial was set to begin, to each of the six counts with which he was charged, including conspiracy to produce child pornography; aiding and abetting the production of child pornography; conspiracy to advertise child pornography; advertising child pornography; conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography. A sentencing date has not yet been scheduled.
- Matthew Fensler, 25, a resident of Phoenix, Arizona, pleaded guilty on Jan. 4, 2017, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On July 27, 2017, Judge Kane sentenced Fensler to serve 35 years in prison to be followed by 15 years of supervised release.
- David Sewell, 31, a resident of Ft. Lauderdale, Florida, pleaded guilty on Dec. 12, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On July 27, 2017, Judge Kane sentenced Sewell to serve 35 years in prison to be followed by 15 years of supervised release.
- Moises Marquez, 30, a resident of San Diego, California, pleaded guilty on Sept. 28, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On June 28, 2017, Judge Kane sentenced Marquez to serve 30 years in prison to be followed by 15 years of supervised release.
- Jason Bolden, 47, a resident of Duluth, Georgia, pleaded guilty on Dec. 14, 2016, to conspiracy to advertise child pornography. On July 26, 2017, Judge Kane sentenced Bolden to serve 30 years in prison to be followed by 10 years of supervised release.
- Franklyn Molina, 35, a resident of Shippensburg, Pennsylvania, pleaded guilty on March 24, 2017, to conspiracy to advertise child pornography and to an Information separately charging receipt of child pornography. On Sept. 20, 2017, Judge Kane sentenced Molina to serve 195 months in prison to be followed by 15 years of supervised release.
- Casey O’Dell, 34, a resident of Albuquerque, New Mexico, pleaded guilty on Dec. 14, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On Oct. 24, 2017, Judge Kane sentenced O’Dell to serve 40 years in prison to be followed by 15 years of supervised release.
- James Reese, 59, a resident of Des Moines, Iowa, pleaded guilty on Oct. 28, 2016, to conspiracy to advertise child pornography. On Nov. 7, 2017, Judge Kane sentenced Reese to serve 20 years in prison to be followed by 10 years of supervised release.
- Paul Stamm, 56, a resident of Cincinnati, Ohio, pleaded guilty on Jan. 4, 2017, to conspiracy to produce child pornography, a charge unrelated to the video conferencing website. On Sept. 28, 2017, Judge Kane sentenced Stamm to serve 30 years in prison to be followed by 15 years of supervised release.
- Ed Westbury, 64, a resident of Lufkin, Texas, pleaded guilty on Dec. 8, 2016, to conspiracy to receive/distribute child pornography. On June 14, 2017, Judge Kane sentenced Westbury to serve 78 months in prison to be followed by 10 years of supervised release.
- Christopher Wehr, 45, a resident of Duluth, Georgia, pleaded guilty on Jan. 23, 2017, to conspiracy to advertise child pornography. Wehr died prior to sentencing.
- The remaining defendant, Bruce Edgecombe, 69, of Harvard, Illinois died before his case went to trial.
HSI, the Toronto Police Service, the Kentucky Attorney General’s Office, and the North Middleton Police Department investigated the case with assistance from CEOS’s High Technology Investigative Unit. Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Meredith Taylor of the Middle District of Pennsylvania are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, 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 http://www.justice.gov/psc.
Two Men Charged in Manhattan Federal Court with 2014 Robbery and MurderRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, James J. Hunt, the Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a federal indictment charging FRANK BRIGHT, a/k/a “Frankie,” and JOHN DUNCAN, a/k/a “Balla,” a/k/a “Moreno,” with the murder of Amaury Paulino. Paulino was shot and killed on Christmas Eve in 2014 during the course of an armed robbery in the vicinity of St. Nicholas Avenue and West 129th Street.
BRIGHT was arrested today and will be presented in federal court in Philadelphia, Pennsylvania, before U.S. Magistrate Judge Linda K. Caracappa. DUNCAN is in federal custody on another offense. The case has been assigned to U.S. District Judge Katherine Polk Failla.
U.S. Attorney Geoffrey S. Berman said: “As alleged, Bright and Duncan planned a gunpoint robbery of Amaury Paulino, which resulted in his murder. The defendants will now face justice for their alleged roles in this violent robbery. We thank our law enforcement partners for their extraordinary efforts investigating this murder.”
DEA Special Agent in Charge James J. Hunt said: “A cold case has brought two men before the bar of justice today after efforts by the NYPD, DEA, and U.S. Attorney’s Office to find those allegedly responsible for a 2014 Christmas Eve murder.”
NYPD Commissioner James P. O’Neill said: “According to the allegations, the two defendants in this case are violent criminals who shot and killed a man during a robbery on Christmas Eve. I want to thank the members of the NYPD, the DEA and the U.S. Attorney’s Office whose work secured today’s indictments and helps keep New York City safe.”
* * *
According to the allegations in the Indictment[1] and information in the public record:
On December 24, 2014, BRIGHT and DUNCAN robbed Amaury Paulino in the vicinity of St. Nicholas Avenue and West 129th Street. During the course of the robbery, Paulino was shot and killed.
FRANK BRIGHT, 31, and JOHN DUNCAN, 32, are charged in the Indictment with one count of robbery conspiracy, one count of robbery, and one count of murder through the use of a firearm and aiding and abetting the same. A chart containing the charges and maximum penalties is below. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.
Mr. Berman praised the outstanding investigative work of the NYPD and the DEA.
This case is being handled by the Office’s Narcotics Unit and Violent and Organized Crime Unit. Assistant United States Attorneys Gina Castellano, Jordan Estes, and Jason Richman are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
MAX. PENALTIES
1
Robbery conspiracy
18 U.S.C. § 1951
20 years in prison
2
Robbery
18 U.S.C. § 1951
20 years in prison
3
Murder through use of a firearm
18 U.S.C. § 924(j)
Death or life in prison
[1] As the introductory phase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.
Trucking Company Owner Sentenced to 18 Months in Prison for Tax Evasion and Bankruptcy FraudRead the Press Release
TRENTON, N.J. –The owner of a New Jersey trucking company was sentenced today to 18 months in prison for committing tax evasion and bankruptcy fraud while operating his wine delivery business, U.S. Attorney Craig Carpenito announced.
Giacomo Giorlando, 54, of Morganville, New Jersey, previously pleaded guilty before U.S. District Judge Peter G. Sheridan to an information charging him with three counts of tax evasion and one count of bankruptcy fraud. Judge Sheridan imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
As an owner of 4 G’s Trucking, Giorlando comingled business revenue with his personal funds, utilized a check-casher to cash business checks, deposited the proceeds of his business into various bank accounts, and then significantly inflated expenses to reduce his taxable income for the years 2011, 2012 and 2014. He admitted he was responsible for a $460,012 tax loss from those three years.
When Giorlando filed for bankruptcy in May 2014, he failed to accurately report his assets from at least 10 accounts at TD Bank and one account at Provident Bank that he maintained during the time frame covered by the bankruptcy. The bankruptcy was approved based upon this false and incomplete information. He was discharged on March 13, 2015.
In addition to the prison term, Judge Sheridan sentenced Giorlando to three years of supervised release and ordered him to pay $750,000 in restitution to the IRS and $65,000 to victims of the fraud.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher, and IRS–Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen, with the investigation.
The government is represented by Senior Litigation Counsel V. Grady O’Malley of the U.S. Attorney’s Office’s Criminal Division in Newark.
Defense counsel: Rocco C. Cipparone Jr. Esq., Haddon Heights, New Jersey
Three Baltimore BGF Gang Members Convicted of Federal Racketeering and Drug Conspiracy ChargesRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland –A federal jury has convicted three defendants for conspiring to participate in a violent racketeering enterprise known as the Black Guerilla Family (BGF) gang’s Greenmount Avenue Regime. Gerald Thomas Johnson, a/k/a Geezy, and Gzy Tha Prince, age 35; Kenneth Jones, a/k/a, K-Slay, and Slay, age 30; and Marquise McCants, a/k/a Digga, age 25, all of Baltimore, Maryland, were convicted of conspiring to violate federal racketeering and drug trafficking laws.
Johnson was also convicted of conspiracy to commit murder in aid of racketeering, murder in aid of racketeering, possession of ammunition by a felon and possession with intent to distribute crack cocaine. McCants was convicted of possession of a firearm by a felon.
The following six co-defendants, also members of the BGF gang, had all previously pleaded guilty to conspiring to violate federal racketeering and drug trafficking laws;
Wesley Jamal Brown, a/k/a Shike White and Wes, age 25
David Albert Hunter, a/k/a Lil Dave, and Dave, age 30;
Montel Harvey, a/k/a Telly, Telephone, and Big Head, age 25;
Kenneth Lee Faison, a/k/a Roscoe, age 28;
Joseph Laurence Bonds, a/k/a/ Joe, and Yo Gotti, age 36; and
Norman Tyrone Handy, a/k/a Lil Norm, and Norm, age 23.
The conviction was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Daniel L. Board, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Commissioner Darryl De Sousa of the Baltimore Police Department; Maryland Attorney General Brian E. Frosh; and Baltimore City State’s Attorney Marilyn Mosby.
“This case is emblematic of the ability of federal prosecution, using tolls such as RICO, to go after the violent gangs plaguing Baltimore City. The federal agents and task force officers worked long hours with the AUSAs to build this case which resulted in a successful outcome,” said Acting United States Attorney Stephen M. Schenning.
“These convicted defendants are ruthless gang members, who acted with a total disregard for the sanctity of human life. Make no mistake, their cowardice behavior and violent criminal acts terrorized our communities,” said Daniel L. Board, Jr., ATF Baltimore Field Division Special Agent in Charge. “But today’s verdict is true justice for the involved victims and their families, and the citizens of Baltimore. This result is the culmination of nearly two years of relentless, dedicated work by ATF Baltimore, the Baltimore City Police Department and our formidable partnership with the United States Attorney’s Office.”
According to the evidence presented at the two-month trial, the defendants were members of an organization known today as the BGF Greenmount Regime, a violent set, or “bubble,” of BGF. During the early years in which it operated, the gang called itself the Young Guerilla Family, or YGF, and consisted mostly of younger people who lived in the 2200, 2300, and 2400 blocks of Barclay Street and Guilford Avenue. YGF members sold drugs throughout the Greenmount Avenue corridor and committed murders, shootings, and armed robberies.
In about mid-2007, YGF members took the BGF oath and became the BGF Greenmount Regime. According to evidence presented at trial, the BGF Greenmount Regime continued to sell drugs and commit violent acts, including murders, shootings and robberies, and by mid-2013 controlled the roughly rectangular area bordered by Greenmount Avenue to the east; Guilford Avenue to the west; 25th Street to the north; and Federal Street to the south, as well as certain offshoots east of Greenmount Avenue, including Mund Park and Cokesbury Avenue.
Beginning in 2005, Johnson supplied drugs to the YGF members for further distribution and was the leader of YGF. During the conspiracy, the defendants distributed powder and crack cocaine, heroin, ecstasy, marijuana, and oxycodone. BGF Greenmount Regime members and associates purchased, maintained and circulated weapons and firearms for use in criminal activity by BGF members.
In addition, the defendants committed acts of violence, including seven murders, shootings, stabbings, a home invasion robbery and other armed robberies. The violent acts were intended to further the gang’s activities, including intimidating witnesses to prevent them from cooperating with law enforcement, protecting the gang’s drug territory, financing the dues paid to BGF, and enforcing gang rules.
For example, on January 9, 2007, Jones and another YGF member shot and killed an individual. Johnson authorized the killing of this individual in his capacity as a leader of YGF because the victim was rumored to be cooperating with law enforcement and Johnson believed the victim had stolen drugs from him. McCants also attempted to murder another individual on February 4, 2017, shooting them multiple times in the legs and back.
Johnson, Jones and McCants face a maximum sentence of life in prison on the racketeering and drug conspiracies. Johnson also faces a maximum sentence of 10 years in prison for conspiring to commit murder in aid of racketeering and life in prison for murder in aid of racketeering. In addition, Johnson faces a maximum sentence of 20 years in prison for possession with intent to distribute crack cocaine, and 10 years in prison for being a felon in possession of ammunition.
Sentencing has been scheduled for Johnson on April 20, 2018 at 2 p.m.; McCants on May 9, 2018 at 2 p.m.; and Jones on May 10, 2018 at 2 p.m. in the United States District Court in Baltimore, Maryland.
Acting United States Attorney Stephen M. Schenning commended the ATF, FBI, Baltimore City Police Department, Maryland Attorney General’s Office, and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Peter J. Martinez and Christina Hoffman, who prosecuted the case.
The United States and Indiana Reach Agreement with SunCoke Energy and Cokenergy to Resolve Clean Air Act Violations at Indiana Harbor Coke PlantRead the Press Release
SunCoke Energy Inc., its subsidiary Indiana Harbor Coke Company (IHCC), and Cokenergy have agreed to resolve alleged Clean Air Act violations relating to excess emissions of coke oven gases from their coke plant in East Chicago, Indiana, announced the Department of Justice, the U.S. Environmental Protection Agency, the Office of the Indiana Attorney General, and the Indiana Department of Environmental Management.
Implementation of the Consent Decree’s requirements will result in estimated annual emissions reductions of 2,075 tons of coke oven emissions, which are hazardous air pollutants, and include 1,895 tons of SO2, 125 tons of particulate matter, 55 tons of volatile organic compounds, and 680 pounds of lead. In addition, under the settlement agreement Cokenergy will spend $250,000 on a lead abatement project in the East Chicago area to reduce lead hazards in schools, day-care centers, and other buildings with priority given to young children and pregnant women. Additionally, the companies will provide copies of reports submitted under the Consent Decree to two public libraries in East Chicago.
The settlement also requires comprehensive coke oven rebuilds to address oven leaks, including potential permanent shut down of the worst performing battery. The companies have agreed to enhanced monitoring and testing requirements, including two stack tests to measure lead emissions. Further, the settlement requires implementation of preventive maintenance and operations plans to minimize excess emissions. Finally, the companies will pay a $5 million civil penalty, to be split evenly between the United States and the State of Indiana.
“This settlement will result in significant reductions in harmful air pollution and is welcome news for East Chicago, an area which is currently not meeting national air quality standards for ozone,” said Acting Assistant Attorney General Jeffrey H. Wood. “The Justice Department’s Environment and Natural Resources Division is proud to have partnered with the EPA, the state of Indiana, and the U.S. Attorney’s Office in achieving these results. Today’s action reflects our commitment to working together to enforce environmental laws.”“Today’s settlement is one example of how EPA is committed to reducing exposure to lead and other contaminants in communities across the country,” said EPA Administrator Scott Pruitt. “Lead exposure is a serious problem and reducing it is a priority for EPA.”
“We fight every day to protect the safety of Hoosiers and their families,” Attorney General Curtis Hill of the State of Indiana said. “This agreement goes a long way to protect Hoosiers and their families in Northwest Indiana and the East Chicago community.”
“I’m grateful to have worked with our federal partners to get this issue resolved,” said Commissioner Bruno Pigott of the Indiana Department of Environmental Management. “It’s my hope that, now and in the future, this settlement will improve not only the air quality in Northwest Indiana, but also the quality of life for Hoosiers living in East Chicago.”
“This settlement provides a long-term solution to protect air quality and control emissions,” said U.S. Attorney for the Northern District of Indiana Thomas L. Kirsch II. “We will continue to work with other agencies to protect Indiana families from environmental harm.”
The primary violations alleged relate to leaking coke ovens and excessive bypass venting of hot coking gases directly to the atmosphere, resulting in excess SO2, particulate matter, and lead emissions from the facility’s coke ovens and bypass vent stacks, in violation of applicable permit limits. SO2 contributes to acid rain and exacerbates respiratory illness, particularly in children and the elderly. Exposure to particulate pollution has been linked to health impacts that include decreased lung function, aggravated asthma and premature death in people with heart or lung disease. EPA has recognized that lead poisoning is the number one environmental health threat in the United States for children ages 6 and younger. In addition, coke oven emissions are a known human carcinogen. Chronic (long-term) exposure in humans can result in conjunctivitis, severe dermatitis and lesions of the respiratory system and digestive system.
The Consent Decree, lodged in the U.S. District Court for the Northern District of Indiana, is subject to a 30-day public comment period and approval by the federal court. It is available on the Justice Department website at www.usdoj.gov/enrd/Consent_Decrees.html.
IDEM has created a link on the agency’s website where the public will be able to access the documents that the companies submit to IDEM under the Consent Decree. Once the Consent Decree has become effective, documents submitted to IDEM will be uploaded to the dedicated link. The public will then be able to access the documents by going to: www.in.gov/idem/airquality/ and clicking the page entitled “Indiana Harbor Coke/Cokenergy Consent Decree.”
The United States and Indiana Reach Agreement with Suncoke Energy and Cokenergy to Resolve Clean Air Act Violation at Indiana Harbor Coke PlantRead the Press Release
WASHINGTON – SunCoke Energy Inc., its subsidiary Indiana Harbor Coke Company (IHCC), and Cokenergy have agreed to resolve alleged Clean Air Act violations relating to excess emissions of coke oven gases from their coke plant in East Chicago, Indiana, announced the Department of Justice, the U.S. Environmental Protection Agency, the Office of the Indiana Attorney General, and the Indiana Department of Environmental Management.
Implementation of the Consent Decree’s requirements will result in estimated annual emissions reductions of 2,075 tons of coke oven emissions, which are hazardous air pollutants, and include 1,895 tons of SO2, 125 tons of particulate matter, 55 tons of volatile organic compounds, and 680 pounds of lead. In addition, under the settlement agreement the companies will spend $250,000 on a lead abatement project in the East Chicago area to reduce lead hazards in schools, day-care centers, and other buildings with priority given to young children and pregnant women. Additionally, the companies will provide copies of reports submitted under the Consent Decree to two public libraries in East Chicago.
The settlement also requires comprehensive coke oven rebuilds to address oven leaks, including potential permanent shut down of the worst performing battery. The companies have agreed to enhanced monitoring and testing requirements, including two stack tests to measure lead emissions. Further, the settlement requires implementation of preventive maintenance and operations plans to minimize excess emissions. Finally, the companies will pay a $5 million civil penalty, to be split evenly between the United States and the State of Indiana.
“This settlement will result in significant reductions in harmful air pollution and is welcome news for East Chicago, an area which is currently not meeting national air quality standards for ozone,” said Acting Assistant Attorney General Jeffrey H. Wood. “The Justice Department’s Environment and Natural Resources Division is proud to have partnered with the EPA, the state of Indiana, and the U.S. Attorney’s Office in achieving these results. Today’s action reflects our commitment to working together to enforce environmental laws.”
“Today’s settlement is one example of how EPA is committed to reducing exposure to lead and other contaminants in communities across the country,” said EPA Administrator Scott Pruitt. “Lead exposure is a serious problem and reducing it is a priority for EPA.”
“We fight every day to protect the safety of Hoosiers and their families,” Attorney General Curtis Hill of the State of Indiana said. “This agreement goes a long way to protect Hoosiers and their families in Northwest Indiana and the East Chicago community.”
“I’m grateful to have worked with our federal partners to get this issue resolved,” said Commissioner Bruno Pigott of the Indiana Department of Environmental Management. “It’s my hope that, now and in the future, this settlement will improve not only the air quality in Northwest Indiana, but also the quality of life for Hoosiers living in East Chicago.”
“This settlement provides a long-term solution to protect air quality and control emissions,” said U.S. Attorney for the Northern District of Indiana Thomas L. Kirsch II. “We will continue to work with other agencies to protect Indiana families from environmental harm.”
The primary violations alleged relate to leaking coke ovens and excessive bypass venting of hot coking gases directly to the atmosphere, resulting in excess SO2, particulate matter, and lead emissions from the facility’s coke ovens and bypass vent stacks, in violation of applicable permit limits. SO2 contributes to acid rain and exacerbates respiratory illness, particularly in children and the elderly. Exposure to particulate pollution has been linked to health impacts that include decreased lung function, aggravated asthma and premature death in people with heart or lung disease. EPA has recognized that lead poisoning is the number one environmental health threat in the United States for children ages 6 and younger. In addition, coke oven emissions are a known human carcinogen. Chronic (long-term) exposure in humans can result in conjunctivitis, severe dermatitis and lesions of the respiratory system and digestive system.
The Consent Decree, lodged in the U.S. District Court for the Northern District of Indiana, is subject to a 30-day public comment period and approval by the federal court. It is available on the Justice Department website at www.usdoj.gov/enrd/Consent_Decrees.html.
IDEM has created a link on the agency’s website where the public will be able to access the documents that the companies submit to IDEM under the Consent Decree. Once the Consent Decree has become effective, documents submitted to IDEM will be uploaded to the dedicated link. The public will then be able to access the documents by going to: www.in.gov/idem/airquality/ and clicking the page entitled “Indiana Harbor Coke/Cokenergy Consent Decree.”
# # #Texas Man Sentenced to 39 Months in Prison for Distribution of CocaineRead the Press Release
Jackson, Miss - Juan Francisco Benavides, 44, of Houston, Texas, was sentenced today by United States District Judge Sul Ozerden to serve 39 months in federal prison, followed by three years of supervised release, for using the interstate to travel in aid of an unlawful activity, specifically distribution of cocaine. Benavides was also ordered to pay a $5,000 fine. He pled guilty to the charge on July 10, 2017.
On May 27, 2017, a Hancock County Sheriff’s Deputy stopped a vehicle driven by Benavides for a traffic violation. During the stop, the deputy noticed that Benavides was acting nervous and he did not have a valid driver’s license. Benavides consented to a search of his vehicle, and a K9 made a positive alert that there were drugs in the vehicle. Upon a search of the vehicle by the deputy, several bundles of cocaine were found concealed in the dashboard. Agents located a total of 455.8 grams of cocaine.
The case was investigated by the Hancock County Sheriff’s Department and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Kathlyn Van Buskirk.
Taunton Man Sentenced to 17 Years for KidnappingRead the Press Release
BOSTON – A Taunton man was sentenced yesterday in federal court in Boston for the armed kidnapping of a Quincy man and two children.
Malik Bangura, 20, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 17 years in prison and two years of supervised release. In September 2017, Bangura pleaded guilty to kidnapping after being arrested and charged in April 2017. Diego Pires, 23, of Brockton; Sedrick Oliveira, 26, of Stoughton; and Yesenia Diaz, 23, of Brockton were also charged.
On Oct. 8, 2016, at approximately 10:25 p.m., a 30-year-old man was kidnapped from the driveway of his Quincy home after being struck in the head with a revolver as he got out of his truck, and dragged into a nearby sedan. The victim had two children strapped into their car seats in his truck.
Once the victim was in the sedan, two masked perpetrators, later identified as Pires and Bangura, drove the victim’s truck, with the children, to a secluded location where they unloaded approximately 30 pounds of marijuana and $20,000 from the victim’s truck, into the sedan. The victim, who was face-down in the backseat of the sedan at gunpoint, begged for his life and the life of the two children who were still in their car seats in the back of the truck.
Diaz, Bangura, Pires and Oliveira then drove the sedan with the drugs, cash and the victim, from Quincy to Brockton and called the victim’s wife demanding $100,000. Law enforcement officers spotted the sedan as it drove through Brockton, recognized the vehicle from a drive-by shooting that occurred in August 2016, and began to follow it. After the defendants recognized the police, they attempted to flee, but ultimately abandoned the sedan in a Brockton driveway. The victim escaped, flagged down law enforcement officers, and described to them the secluded location where the truck had been disserted. Law enforcement located the truck with the children, who were unharmed.
Diaz was subsequently found standing by the sedan and arrested. She previously pleaded guilty and is awaiting sentencing. Oliveira was arrested on Oct. 10, 2016, in Stoughton and charged in a federal criminal complaint. He pleaded not guilty to the kidnapping charge. Pires remained a fugitive until he was apprehended in October 2017. He also pleaded not guilty.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Brockton Police Chief John Crowley; and Quincy Police Chief Paul Keenan, made the announcement today. Assistant U.S. Attorney Emily O. Cannon of Lelling’s Organized Crime and Gang Unit prosecuted the case.
The details contained in the charging document are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Tacoma Man Convicted of Drug Distribution and Gun CrimeRead the Press Release
A Tacoma man was convicted today of two federal felonies involving guns and drug dealing which could lead to more than 15 years in prison, announced U.S. Attorney Annette L. Hayes. GERALD CLAUDE CARLSON, 57, was arrested in May 2016, when police serving a court authorized search warrant on his home, uncovered more than a pound of methamphetamine, 53 firearms and $34,000 in cash. Two of the firearms were loaded and located near the meth and other drug trafficking materials. The jury deliberated about two hours following the three-day trial. U.S. District Judge Ronald B. Leighton ordered CARLSON into custody and scheduled sentencing for April 20, 2018.
CARLSON came to the attention of law enforcement in early 2016, when someone working with the Pierce County Sheriff’s Department purchased methamphetamine from CARLSON. Based on those contacts law enforcement obtained a search warrant. In CARLSON’s bedroom they found the pound of meth packaged for distribution as well as identity documents and two loaded firearms: a Springfield Armory 9 mm semi-automatic pistol and a Smith and Wesson .22 caliber semi-automatic pistol.
Carlson’s girlfriend, who was present when the police executed the search warrant, pleaded guilty to drug related charges in Pierce County Superior Court.
Due to the amount of drugs in this case, possession of methamphetamine with intent to distribute is punishable by a mandatory minimum ten years in prison and up to life in prison. Possession of a firearm in furtherance of a drug trafficking crime is punishable by a mandatory minimum 5 years in prison and up to life in prison, to run consecutive to any sentence imposed on the drug possession count.
The case was investigated by the Pierce County Sheriff’s Department, Special Investigations Unit. Agents from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and Drug Enforcement Administration also testified as expert witnesses at trial.
The case was prosecuted by Assistant United States Attorneys Gregory A. Gruber and Andre Penalver.
Stephen McAllister Sworn in as U.S. Attorney for KansasRead the Press Release
WICHITA, KAN. – Stephen R. McAllister was sworn in Thursday as U.S. Attorney for the District of Kansas.
The Honorable Clarence Thomas of the United States Supreme Court administered the oath in a private ceremony today on the University of Kansas campus.
McAllister was nominated by President Donald Trump and confirmed by the U.S. Senate. He will be in charge of a staff of more than 100, including 50 attorneys, who work in offices in Topeka, Wichita and Kansas City, Kan. Tom Beall, who has served as U.S. Attorney on an interim basis since former U.S. Attorney Barry Grissom resigned in April 2016, will return to his position as First Assistant U.S. Attorney.
“I am honored to serve,” McAllister said. “I accept the duty to follow the law and to uphold the principles of fairness, impartiality and equal justice for all.”
McAllister has served as the Solicitor General of Kansas and the E.S. & Tom W. Hampton Distinguished Professor of Law at the University of Kansas. He argued nine times before the Supreme Court of the United States and he has taught constitutional law and federal civil rights law at KU. He clerked for Justice Thomas as well as the Honorable Byron R. White of the United States Supreme Court, and the Honorable Richard A. Posner at the United States Court of Appeals for the Seventh Circuit. He received a bachelor’s degree in 1985 from the University of Kansas, and a law degree in 1988 from the University of Kansas School of Law.
St. Francis Man Sentenced for Misprision of a FelonyRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Misprision of a Felony was sentenced on January 22, 2018, by U.S. District Judge Roberto A. Lange.
Kyle Swift Hawk, age 25, was sentenced to 12 months and 1 day in prison, followed by 1 year of supervised release. Swift Hawk was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $100.
Swift Hawk was indicted by a federal grand jury on July 11, 2017. He pled guilty on October 30, 2017.
The conviction stemmed from an incident that occurred in St. Francis in the early morning hours of June 12, 2017. Swift Hawk and another man, George Scott, got into an altercation with the victim. While Swift Hawk and the victim scuffled, Scott pulled out a pocketknife and stabbed the victim multiple times. The victim suffered significant blood loss and internal injuries, and was subsequently hospitalized. Swift Hawk witnessed the stabbing but fled the scene and hid from tribal law enforcement until he was apprehended later that day.
Scott, age 32, was also indicted based on his involvement in the assault. On September 26, 2017, he pled guilty to Assault With a Dangerous Weapon, and was sentenced on December 11, 2017, to 54 months in prison, followed by 3 years of supervised release.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Swift Hawk was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Sentenced for Habitual Domestic AssaultRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Domestic Assault by an Habitual Offender, was sentenced on January 22, 2018, by U.S. District Judge Roberto A. Lange.
Fabian McCloskey, age 42, was sentenced to 11 months in custody, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
McCloskey was indicted by a federal grand jury on August 16, 2017. He pled guilty on October 30, 2017.
The conviction stemmed from an incident on April 29, 2017, when McCloskey drove to the victim’s residence, made threatening comments to the victim and refused to leave. McCloskey then forcefully carried the victim from her home to his car. McCloskey grabbed her head while the victim was in the car, causing an injury near her eye. McCloskey had been previously convicted of Domestic Abuse in Rosebud Sioux Tribal Court on two prior occasions.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Daniel C. Nelson prosecuted the case.
McCloskey was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced to 108 Months for Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of receipt of child pornography was sentenced on January 19, 2018, by U.S. District Judge Karen E. Schreier.
Scott Dyson, age 37, was sentenced to 108 months in custody, followed by 6 years of supervised release, and ordered to pay $5,000 in restitution. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Dyson was indicted for receipt of child pornography and possession of child pornography by a federal grand jury on October 4, 2016. He pled guilty on September 14, 2017.
On September 7, 2012, and October 14, 2012, Dyson knowingly received child pornography that he downloaded from the internet. When law enforcement searched his residence in August 2016, they discovered Dyson had a large screen television connected to a computer tower containing several hard drives. Overall, Dyson possessed over 17,000 images and videos of child pornography.
This case was investigated by U.S. Immigration and Customs Enforcement and the Department of Homeland Security. Assistant U.S. Attorney Jeff Clapper prosecuted the case.
Dyson was immediately turned over to the custody of the U.S. Marshals Service.
Salem County, New Jersey, Man Indicted for Illegal Storage and Disposal of Hazardous WasteRead the Press Release
NEWARK, N.J. – The former owner and president of a Glassboro, New Jersey, drum reconditioning company was indicted today for allegedly illegally storing and disposing of hazardous waste, U.S Attorney Craig Carpenito and Acting Assistant Attorney General Jeffrey H. Wood of the Environment and Natural Resources Division of the U.S. Department of Justice, announced.
Thomas Toy, 73, of Elmer, New Jersey, was charged with one count of illegal storage and disposal of hazardous waste at the site of Superior Barrel and Drum Company Inc. (Superior) in Glassboro, New Jersey, in violation of the Resource Conservation and Recovery Act (RCRA).
According to the Indictment:
Superior received drums from various industrial customers, cleaned and processed those drums, and then resold them. Toy directed and supervised the operations of Superior, including the storage and disposal of large amounts of waste – including hazardous waste – at the company’s site. Superior did not have a permit to store or dispose of hazardous waste there. From Sept. 27, 2013, to Sept. 25, 2014, the U.S. Environmental Protection Agency (EPA) removed waste stored at Superior’s site. Approximately 1,800 containers of waste were removed, and much of the waste was found to be hazardous. The EPA’s removal cost was $4.2 million.
Toy was charged under RCRA, which was enacted in 1976 to address a growing nationwide problem with industrial and municipal waste. The law is designed to protect human health and the environment and provided controls on the management and disposal of hazardous waste. It prohibits the treatment, storage or disposal of any hazardous waste without a permit.
The charge on which Toy was indicted carries a maximum penalty of five years in prison and a maximum fine of $250,000 or twice the gain or loss caused by the offense.
U.S. Attorney Carpenito credited special agents of the U.S. Environmental Protection Agency-Office of Criminal Enforcement, under the direction Special Agent in Charge Tyler C. Amon, with the investigation leading to today’s charge.
The government is represented by Assistant U.S. Attorney Kathleen P. O’Leary of the Health Care and Government Fraud Unit in Newark and Trial Attorney Adam Cullman of the Environmental Crimes Section of the U.S. Department of Justice.
The charge and allegations against Toy are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Registered Sex Offender Arrested, Charged with Enticement of A MinorRead 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 Carlos Francisco Lopez, 28, of Los Angeles, CA, was arrested and charged by criminal complaint with enticement of a minor to engage in sexual activity and attempting to transport a minor across state lines to engage in sexual activity. The charges carry a mandatory minimum penalty of 10 years and a maximum of life in prison.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on January 16, 2018, the City of Tonawanda Police Department received a request to conduct a welfare check on a 15 year old girl (victim) who was reported to have run away from home and gotten on a bus. Police officers located the bus in Tonawanda, stopped it, and located the victim who was a passenger. The victim told officers she was running away from home and intended to travel to California to visit family, claiming that her uncle purchased the bus ticket for her.
Subsequent interviews revealed that the victim met an unknown individual, with the username “playfulchaos,” on the internet application Kik in a group for runaway youth. In addition to discussing the victim running away, the two also discussed having sex. According to the victim, the two continued to communicate on the internet application Text Free, making plans for the victim to travel to California.
On January 18, 2018, an undercover law enforcement (UC) officer posed as the victim to continue to communicate with Lopez. The UC wrote, "hey u there... this bus ride sucks." The UC stated she was due into California around 10:00 pm on January 19, 2018 and asked what to do upon arrival. The defendant replied, "call me or text me. Wait at the station, and ill send an uber." Lopez was arrested after the UC sent a message that the bus had arrived and the defendant ordered an Uber.
In 2011, Lopez was convicted of a sexual offense against a child under the age of 14 in the State of California. He is a registered sex offender. The defendant was released from prison in 2016 and is an active parolee.
Lopez was arrested in Los Angeles, California and made an initial appearance in Federal Court in the Central District of California. The defendant will be returned to the Western District of New York at a later date.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, the City of Tonawanda Police Department, under the direction of Chief William Strassburg, and the Cheektowaga Police Department, under the direction of Chief David Zack.
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.
Previously Deported Mexican National Sentenced to Five Years for Federal Drug Trafficking and Firearms Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Moises Jimenez-Salas, 40, a Mexican national illegally in the United States who previously has been deported three times, was sentenced this morning in federal court in Santa Fe, N.M., to 60 months of imprisonment for his conviction on drug trafficking and firearms charges. Jimenez-Salas will be deported following his prison sentence.
Jimenez-Salas was arrested on May 12, 2016, and was charged in a criminal complaint with possessing methamphetamine and heroin with intent to distribute, and using and carrying a firearm and ammunition in relation to a drug trafficking crime. Court records reflect that on May 11, 2016, detectives of the Bernalillo County Sheriff’s Office (BCSO) responded to a motel at Coors Blvd. NW and Interstate 40 in Albuquerque after receiving a tip about drug trafficking activity occurring at the motel. At the motel, the detectives observed Jimenez-Salas carrying a cardboard box that contained 463 grams of methamphetamine and 16 grams of heroin. During a search incident to arrest, the detectives found a bag containing 21 grams of methamphetamine in Jimenez-Salas’ pocket and a firearm and ammunition on his waistband.
Jimenez-Salas subsequently was charged in a four-count indictment on May 25, 2016. The indictment charged Jimenez-Salas with being an alien illegally in possession of a firearm and ammunition, possessing heroin and methamphetamine with intent to distribute, and using and carrying a firearm in relation to a drug trafficking crime. The indictment alleged that Jimenez-Salas committed the crimes on May 11, 2016, in Bernalillo County, N.M.
On June 27, 2017, Jimenez-Salas pled guilty to possession of heroin with intent to distribute, and using and carrying a firearm in relation to a drug trafficking crime. In his plea agreement, Jimenez-Salas admitted that on May 11, 2016, he was in possession of a firearm and ammunition, approximately 484 grams of methamphetamine and 16 grams of heroin when he encountered BCSO officers outside of an Albuquerque-area motel. Jimenez-Salas further admitted that he possessed the firearm and ammunition as tools of the drug trafficking trade.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and BCSO and was prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo 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..
This case is also being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Pine Ridge Man Sentenced for Victim TamperingRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Tampering with a Victim by Threat was sentenced on January 19, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Timothy George Buckman, age 33, was sentenced to 57 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Buckman was charged on April 19, 2016, and pleaded guilty on July 18, 2017. The conviction stems from the robbery and assault of a man with a dangerous weapon in March 2016 at Pine Ridge, and Buckman later threatening the man.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorneys Sarah B. Collins and Eric Kelderman prosecuted the case.
Philadelphia, Pennsylvania, Man Pleads Guilty to Cocaine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Manuel Emilio Payano, age 42, of Philadelphia, Pennsylvania, pled guilty to Possession With Intent To Distribute Cocaine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A) and Title 18, United States Code, Section 2, punishable by not less than 10 years imprisonment, up to a $10,000,000.00 fine, or both.
The Indictment alleges that on or about October 16, 2017, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute 5 kilograms or more of a mixture or substance containing a detectable amount of cocaine a Schedule II controlled substance.
The charge arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Dean Burris represented the United States.
Philadelphia Man Charged with Wire FraudRead the Press Release
PHILADELPHIA – Kenneth W. Lewis 41, of Philadelphia, PA, was charged today by Grand Jury Indictment with five counts of wire fraud announced United States Attorney Louis D. Lappen. The indictment alleges the defendant committed wire fraud by applying for credit cards using information for several non-profit organizations and an individual and used the cards to purchase gold coins, precious metals, and diamond earrings.
If convicted the defendant faces a maximum possible sentence of 20 years in prison, three years of supervised release, a $250,000 fine, and a $100 special assessment for each count of conviction for wire fraud. A conviction for aggravated identity theft carries a mandatory 2-year sentence, 1 year supervised release, a $250,000 fine, and a $100 statutory assessment per count.
The case was investigated by the United States Postal Inspection Service and the Philadelphia Police Department and is being prosecuted by Assistant United States Attorney Tiwana Wright.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pennsylvania Man Convicted of Distributing Fentanyl Analogue That Killed Orlando WomanRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury today found Jeremy Achey (43, Bethlehem, PA) guilty of conspiracy to distribute and distribution of controlled substance analogues. He faces a mandatory minimum penalty of 20 years, up to life, in federal prison. His sentencing hearing is scheduled for April 13, 2018.
Achey was indicted on July 19, 2017.
According to testimony presented at trial, operating under the name “EtiKing,” Achey was one of the largest distributors of synthetic drugs on Alphabay Market, a “darknet” marketplace for illicit substances. Achey mailed thousands of packages containing numerous synthetic drugs to hundreds of customers throughout the country. On February 27, 2017, he sold one gram of tetrahydrofuran fentanyl, a synthetic analogue of fentanyl, which killed a 24-year-old woman in Orlando.
This case was investigated by the Drug Enforcement Administration, with assistance from the Pennsylvania State Police, the Orange County Sheriff’s Office, the U.S. Postal Inspection Service, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Nathan W. Hill.
Parmelee Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Parmelee, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 24, 2018, by U.S. District Judge Roberto A. Lange.
Odell Thomas Goodshield, Jr., age 58, was sentenced to 16 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Goodshield was indicted by a federal grand jury on October 25, 2017. He pled guilty on December 1, 2017.
Goodshield was convicted of Aggravated Sexual Abuse of a Minor in June 1999. As a result of this conviction, he is required to register as a sex offender. Goodshield was released from custody on May 26, 2017, and began supervised release. Between the dates of July 5, 2017 and September 20, 2017, Goodshield did not register as a sex offender.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Daniel C. Nelson prosecuted the case.
Goodshield was immediately turned over to the custody of the U.S. Marshals Service.
Parker Man and Woman Each Sentenced to 25 Years in Federal Prison for MurderRead the Press Release
PHOENIX – Yesterday, Sharon Marie Clark, 57, of Parker, Ariz., was sentenced by U.S. District Judge Diane J. Humetewa to 25 years in prison, followed by a term of five years of supervised release. Clark had previously pleaded guilty to second-degree murder and aiding and abetting. On Dec. 20, 2017, Jeffrey Scott Williams, 56, of Parker, Ariz., was also sentenced to 25 years in prison, followed by a term of five years of supervised release. Williams had previously pleaded guilty to second-degree murder and aiding and abetting.
On or between March 8 and 9, 2016, Clark and Williams took the victim to Clark’s apartment in Parker, Ariz. At the apartment, Williams zip-tied the victim’s wrists and ankles, Clark duct-taped the victim’s mouth closed and struck the victim in the face with her fists, and Williams wrapped the victim up in plastic. The victim was then dumped in a canal. The medical examiner determined that the victim’s cause of death was asphyxia due to drowning. The victim was a member of the Colorado River Indian Tribes, and the murder took place on the Colorado River Indian Tribes Indian Reservation.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Colorado River Indian Tribes Police Department. The prosecution was handled by Christina J. Reid-Moore and Dimitra H. Sampson, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-16-01397-DJH
RELEASE NUMBER: 2018-007_Clark & Williams
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
North Smithfield Man Detained on Cyberstalking ChargesRead the Press Release
PROVIDENCE, RI – A North Smithfield, R.I., man who recently relocated from Texas to Rhode Island has been ordered detained in federal custody in Rhode Island for allegedly cyberstalking and threatening to harm or kill a former girlfriend, her parents and three prosecutors in Texas.
Howard S. Bishop, 38, arrested by FBI agents on Tuesday, was ordered detained by U.S. District Court Magistrate Lincoln D. Almond yesterday on a two-count criminal complaint charging him with transmitting in interstate commerce communications containing threats to injure another person, and with harass or intimidate another person, using an interactive computer service or electronic communication service, that placed a person in reasonable fear of death or serious bodily injury and caused substantial emotional distress.
Bishop’s arrest and detention are announced by United States Attorney Stephen G. Dambruch and Harold H. Shaw, Special Agent in Charge of the FBI Boston Division.
According to court records, in February 2011, a former girlfriend of Bishop obtained a protective order against Bishop in Travis County, TX. In January 2012, Bishop was found guilty of violating the order and received a sentence of two years’ probation.
According to court documents, in September 2017, Bishop returned to Rhode Island where his family resides. In December 2017, a misdemeanor warrant was issued in Travis County for the arrest of Bishop for allegedly violating the protective order.
It is alleged in court documents, beginning in November 2016 and continuing until his arrest in Rhode Island on Tuesday, Bishop sent hundreds of harassing and threatening messages via the Internet to his former girlfriend and her family, and to three Travis County, TX, prosecutors involved in the prosecution of Bishop for violating the protective order. All of the individuals expressed extreme fear for their safety. Prior to Bishop’s arrest, the former girlfriend was in hiding with the assistance of the FBI. The woman’s family hired armed security guards to protect their home. The prosecutors expressed to the FBI that they believed their lives were at risk.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Transmitting in interstate commerce communications containing threats to injure another person, and with harass or intimidate another person using an interactive computer service or electronic communication service, that placed a person in reasonable fear of death or serious bodily injury and caused substantial emotional distress are each punishable by up to 5 years in federal prison, a fine of $250,000 and 3 years supervised release.
The case is being prosecuted by Assistant U.S. Attorney Lee H. Vilker.
The matter was investigated by the FBI.
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Norfolk Man Pleads Guilty to Rolling Back Car OdometersRead the Press Release
NORFOLK, Va. – A Norfolk man pleaded guilty today to conspiracy to commit odometer tampering and securities fraud.
According to court documents, from in or about September 2010 through October 2016, Lawson W. Basnight, 47, and others conspired to defraud vehicle purchases into believing used vehicles had lower mileages than they actually had, resulting in the purchasers paying more for vehicles than they would have if they had known the true mileage of the used car. Basnight found high-mileage used cars for sale on the Internet, and when negotiating to buy the cars Basnight posed as a used car dealer. If he bought the car, he would instruct that the seller not fill in the assignment portion of the title. After Basnight got the car, he had another person roll back the odometer. Basnight would then prepare the title application with the false lower odometer readings. After securing new official titles, Basnight was able to get new purchasers to pay more money for the used cars.
Basnight pleaded guilty to conspiracy to commit odometer tampering and securities fraud and faces a maximum penalty of five years in prison when sentenced on May 16. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division, made the announcement after U.S. Magistrate Judge Douglas E. Miller accepted the plea. Trial Attorneys Jacqueline Blaesi-Freed and John W. Burke of the Civil Division’s Consumer Protection Branch, and Assistant U.S. Attorney Elizabeth M. Yusi are prosecuting the case.
The Virginia Department of Motor Vehicles and the National Highway Traffic Safety Administration Office of Odometer Fraud Investigation (NHTSA) investigated the case.
NHTSA estimates that odometer fraud in the United States results in consumer losses of more than $1 billion annually and has established a special hotline to handle odometer fraud complaints. Individuals having information relating to odometer tampering should call (800) 424-9393 or (202) 366-4761.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:17-cr-171.
New Orleans Woman is Sentenced for Making False Statements to the Federal Bureau of InvestigationRead the Press Release
KYRA D. MORRIS-GRIFFITH, (MORRIS-GRIFFITH), age 37, of New Orleans, was sentenced today before U.S. District Judge Carl J. Barbier, announced U.S. Attorney Duane A. Evans. MORRIS-GRIFFITH previously pled guilty to a one (1) count Ninth Superseding Bill of Information for false statements made to an agency of the United States, in violation of Title 18, United States Code, Section 1001(a)(2), a felony. MORRIS-GRIFFITH was sentenced to pay a fine of $1,000 and a mandatory special assessment fee of $100.
According to court documents, MORRIS-GRIFFITH knowingly and willfully made materially false, fictitious and fraudulent statements and representations in a matter within the jurisdiction of an agency of the executive branch of the United States Government, to wit, the Federal Bureau of Investigation (“FBI”). Specifically, in response to questioning by the FBI, MORRIS-GRIFFITH falsely denied that on May 7, 2014, she and her father, W.D., saw and met with Gregory Denson, her uncle, who was at the Brown Derby Super Store located at Jefferson Davis Parkway and Tulane Avenue in New Orleans, Louisiana for the purpose of learning the whereabouts of E.B. and MORRIS-GRIFFITH’s silver Infinity QX-56 SUV when, in fact, she did. The FBI’s questioning of MORRIS-GRIFFITH was in connection with an ongoing investigation of Gregory Denson for serious drug and violent crime related offenses.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the New Orleans Police Department led Multi-Agency Gang Unit in investigating this matter.
Assistant United States Attorneys Michael M. Simpson, Gregory Kennedy, and James Baehr were in charge of the prosecution of the defendant.
New Orleans Man Sentenced for Operating Heroin Conspiracy in New Orleans EastRead the Press Release
U.S. Attorney Duane A. Evans announced that TERRELL CARNEY, age 36, of New Orleans, was sentenced after previously pleading guilty to conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin.
U.S. District Judge Carl J. Barbier sentenced CARNEY to 180 months imprisonment.
On July 25, 2014, CARNEY was one of 12 defendants charged in a 23-count indictment. According to court documents, this investigation targeted a heroin trafficking organization operating in New Orleans East. This organization was responsible for distributing at least 15 kilograms of heroin in New Orleans. Agents seized approximately $1,200,000 in assets (a combination of vehicles, currency, jewelry and real property) from members of this drug trafficking organization that were acquired with proceeds made from the sale of heroin.
Co-defendants include:
LARRY HARDY pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 90 months incarceration.
AMBROSE WILLIAMS pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 120 months incarceration.
ANTOINETTE KELLY pled guilty to distribution of heroin and was sentenced to 15 months incarceration.
CHRISTOPHER FRANCIS pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 240 months incarceration.
RODNEY MACK pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 120 months incarceration.
THOMAS HARRISON pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 144 months incarceration.
VINCENT P. JONES pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 180 months incarceration.
BETH MARIE NGUYEN pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 36 months incarceration.
RICKY MARQUETTE BOZEMAN pled guilty to conspiracy to possess with intent to distribute 100 grams or more of heroin and was sentenced to 144 months incarceration.
MICHAEL SORINA pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 120 months incarceration.
ANTWINE SMITH pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and is scheduled to be sentenced on 5/31/2018.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration, Kenner Police Department, and Border Patrol in investigating this matter. Assistant United States Attorney Brandon Long is in charge of the prosecution.
New Jersey Man Indicted for Illegal Storage and Disposal of Hazardous WasteRead the Press Release
The former owner and president of a Glassboro, New Jersey, drum reconditioning company was indicted today for allegedly illegally storing and disposing of hazardous waste, U.S Attorney Craig Carpenito and Acting Assistant Attorney General Jeffrey H. Wood of the Environment and Natural Resources Division of the U.S. Department of Justice, announced.
Thomas Toy, 73, of Elmer, New Jersey, was charged with one count of illegal storage and disposal of hazardous waste at the site of Superior Barrel and Drum Company Inc. (Superior) in Glassboro, New Jersey, in violation of the Resource Conservation and Recovery Act (RCRA).
According to the Indictment, Superior received drums from various industrial customers, cleaned and processed those drums, and then resold them. Toy directed and supervised the operations of Superior, including the storage and disposal of large amounts of waste – including hazardous waste – at the company’s site. Superior did not have a permit to store or dispose of hazardous waste there. From Sept. 27, 2013, to Sept. 25, 2014, the U.S. Environmental Protection Agency (EPA) conducted a removal action of waste stored at Superior’s site. Approximately 1,800 containers of waste were removed, and much of the waste was found to be hazardous. The EPA’s removal cost was $4.2 million.
Toy was charged under RCRA, which was enacted in 1976 to address a growing nationwide problem with industrial and municipal waste. The law is designed to protect human health and the environment and provided controls on the management and disposal of hazardous waste. It prohibits the treatment, storage or disposal of any hazardous waste without a permit. The charge on which Toy was indicted carries a maximum penalty of five years in prison and a maximum fine of $250,000 or twice the gain or loss caused by the offense.
U.S. Attorney Carpenito credited special agents of the U.S. Environmental Protection Agency, under the direction Special Agent in Charge Tyler C. Amon, with the investigation leading to today’s charge.
The government is represented by Assistant U.S. Attorney Kathleen P. O’Leary of the Health Care and Government Fraud Unit in Newark and Trial Attorney Adam Cullman of the Environmental Crimes Section of the U.S. Department of Justice.
The charge and allegations against Toy are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
New Haven Man Who Possessed Stolen Firearm is SentencedRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MICHAEL BALDWIN, 20, of New Haven, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to one day of imprisonment, time already served, and three years of supervised release, for possessing a stolen firearm. Judge Bryant also ordered BALDWIN to perform 120 hours of community service while on supervised release.
According to court documents and statements made in court, on April 10, 2016, Hamden Police arrested BALDWIN after he and other individuals fled from police in a stolen car. After a pursuit, the vehicle crashed into a pole and BALDWIN, who had not been driving, fled from officers on foot. He was subsequently taken into police custody. A search of BALDWIN’s person revealed a plastic bag containing crack cocaine packaged for street sale, and a makeshift firearm holster around his stomach. Officers also located and seized a Springfield Armory XD .40 caliber handgun that had been discarded next to the crashed vehicle.
The firearm had previously been reported stolen from a residence in Hamden.
On April 5, 2017, BALDWIN pleaded guilty to one count of possession of a stolen firearm.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hamden Police Department. The case was prosecuted by Assistant U.S. Attorneys Natasha Freismuth and Peter Markle.
Nevada Man Indicted for Distribution of Anabolic Steroids and Drug MisbrandingRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – A federal grand jury has indicted George Sambuca a/k/a “Jack Yates,” a/k/a “Steven Thompson,” age 32, of Henderson, Nevada, today on charges related to a scheme to defraud customers by mislabeling drugs and distributing anabolic steroids. The indictment was returned on November 15, 2017, and unsealed upon the arrest of the Sambuca.
The indictment was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; and Special Agent in Charge Mark S. McCormack of the Food and Drug Administration - Office of Criminal Investigations, Metro Washington Field Office.
According to the four-count indictment, Sambuca distributed the anabolic steroids, Testosterone, Nandrolone, Stanozolol, Oxandrolone, and Oxymetholone, all of which are Schedule III controlled substances. Sambuca mislabeled these drugs as “TEST SUSTANON 350MG,” “DBOL 5g” and “SUSTANON 350MG/ML . . . 100cc” and sent them from his residence in Nevada to Maryland on two separate occasions, conducting his business under the name of “Dynasty Labs.”
Sambuca faces a maximum of 10 years imprisonment for each of the two counts of Distribution of Anabolic Steroids and a maximum of 3 years imprisonment for each of the two counts of Introduction of Misbranded Drugs into Interstate Commerce with Intent to Defraud and Mislead. Sambuca had an initial appearance on January 19, 2018, in U.S. District Court for the Eastern District of Pennsylvania, where he was arrested and ordered detained. An initial appearance has not yet been scheduled in Greenbelt, Maryland.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
Acting United States Attorney Stephen M. Schenning commended the FBI and the FDA-OCI for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Kelly Hayes who is prosecuting the case.
Narcotics Dealer Sentenced to 21 Years in Prison for Sale of Heroin and Fentanyl That Resulted in Manhattan Man’s Overdose DeathRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that DASHAWN HAWKINS, a/k/a “Jhonny Cash,” of New York, New York, was sentenced yesterday to 21 years in prison by United States District Judge Gregory H. Woods for selling heroin and fentanyl that resulted in the overdose death of Colin Cameron, age 29, of New York, New York, on September 2, 2016.
Manhattan U.S. Attorney Geoffrey S. Berman stated: “Dashawn Hawkins sold the lethal dose of fentanyl-laced heroin that cut short Colin Cameron’s life. Now Hawkins has received the lengthy sentence warranted by his serious crime and its grim consequences.”
According to documents filed in this case and statements made in related court proceedings:
On or about September 1, 2016, DASHAWN HAWKINS, a/k/a “Jhonny Cash,” sold a mixture of heroin and fentanyl to Colin Cameron. The next morning, New York City Police Department (“NYPD”) officers responded to Cameron’s apartment on the Upper West Side, where they found Cameron dead from a drug overdose. In the month leading up to Cameron’s death, HAWKINS had sold heroin to Cameron nearly a dozen times, and had previously sold heroin to Cameron on a daily basis for almost two years before Cameron was able to maintain sobriety for several months. In early August 2016, however, HAWKINS contacted Cameron out of the blue in order to start selling him heroin again. Cameron told HAWKINS that he was unsure about buying heroin because he was on a medicine designed to block the effects of opioids. This medicine is commonly prescribed for people going through recovery. Despite this knowledge, HAWKINS sold heroin to Cameron throughout the month of August until Cameron’s eventual death.
After identifying HAWKINS as the dealer who sold Cameron the fatal dose of fentanyl-laced heroin, the NYPD arrested HAWKINS on October 20, 2016, and searched his apartment. During the search, officers found, among other things, additional bags of heroin and substances used to cut heroin, fentanyl packaging, over $14,000 in cash, and a short-barreled rifle with a high-capacity magazine loaded with 34 rounds of ammunition.
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Mr. Berman praised the outstanding investigative work of the New York City Police Department.
This prosecution is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Jason M. Swergold and Amanda L. Houle are in charge of the prosecution.