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24 January 2018
South Jersey Man Admits Stealing Car, Robbing Three BanksRead the Press Release
CAMDEN, N.J. - A Vineland, New Jersey, man today admitted stealing a car and using it as part of a South Jersey bank robbery spree in September and October 2016, U.S. Attorney Craig Carpenito announced.
Nathan L. Wallace, 29, pleaded guilty before U.S. District Judge Renée Marie Bumb to an information charging him with three counts of bank robbery. Wallace has been in custody since his arrest in October 2016.
According to documents filed in this case and statements made in court:
Wallace admitted stealing a 2003 Chrysler Sebring on Sept. 22, 2016 by threatening the victim with a toy revolver resembling an actual firearm. Wallace also admitted taking the Sebring on Sept. 24, 2016 to a BB & T Bank in Buena Vista Township, New Jersey, where he used the toy revolver to threaten bank employees and demand money. After taking cash from the employees, Wallace fled in the Sebring.
Wallace also admitted traveling in the same stolen Sebring with Quintin L. Jones, 35, of Vineland, to rob a Newfield National Bank in Newfield, New Jersey, on Oct. 7, 2016, and a Cape Bank in Upper Deerfield Township, New Jersey, on Oct. 11, 2016. During both robberies, one of the defendants used a toy revolver to threaten bank employees and steal money before they both fled in the stolen Searing.
In addition, Wallace admitted that he and Jones set fire to the Sebring on Oct. 15, 2016 in order to destroy evidence of the robberies.
Each bank robbery count is punishable by a maximum potential penalty of 20 years in prison and a $250,000 fine. Wallace’s sentencing is set for April 30, 2018.
Jones pleaded guilty on Nov. 8, 2017 and is scheduled to be sentenced on March 23, 2018.
U.S. Attorney Carpenito credited special agents of the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge Timothy Gallagher in Newark, the FBI’s South Jersey Resident Agency, under the direction of Special Agent in Charge Michael Harpster in Philadelphia, the N.J. State Police, under the direction of Acting Superintendent Col. Patrick J. Callahan, as well as the Vineland Police Department, the Hamilton Township Police Department, the Newfield Police Department, the Cumberland County Prosecutor’s Office, and the Salem County Prosecutor’s Office, with the investigation.
The government is represented by Assistant U.S. Attorney Gabriel J. Vidoni of the U.S. Attorney’s Office Criminal Division in Camden.
Defense counsel: Maggie F. Moy Esq., Camden
South Dakota U.S. Attorney's Office Collects over $2.5 Million in Fiscal Year 2017Read the Press Release
United States Attorney Ron Parsons announced that the District of South Dakota collected over $2,508,255.71 in Fiscal Year (FY) 2017 from civil and criminal actions. Of this amount, $1,565,057.52 was collected in criminal actions, and $943,198.19 was collected in civil actions.
Additionally, the District of South Dakota worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect $9,562,500.00 in cases pursued jointly with these offices. Civil actions made up the entirety of this amount.
Overall, the Justice Department collected just over $15 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2017.
Also, working with partner agencies and divisions, the District collected $57,629 in asset forfeiture actions in FY 2017. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
“The collection of these monies represents a key component of the work we do in the U.S. Attorney’s Office,” said Parsons. “Along with our prosecutorial responsibility, these recovered dollars play a vital role in helping crime victims, and also in recouping losses to the American taxpayer.”
The U.S. Attorneys’ Offices, along with the Justice Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
South Alabama Man Indicted for Three Armed Bank Robberies in North AlabamaRead the Press Release
BIRMINGHAM – A federal grand jury today indicted a Conecuh County man for three armed bank robberies in northern Alabama last year, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp Jr.
A five-count indictment filed in U.S. District Court charges KELVIN CARNELL GOLDEN, 32, of Evergreen, with armed bank robberies in St. Clair County, Jefferson County and Calhoun County. The indictment charges him with a separate firearm count on two of the robberies.
“Those who rob banks at gun point and threaten the lives of innocent employees and customers are exactly the violent criminals we will remove from free society and relocate to prison,” Town said. “The FBI did an outstanding job investigating this case.”
According to the indictment, Golden used a handgun and robbed a Pell City branch of BB&T bank on March 31, 2017. The indictment charges Golden with brandishing a 9mm semi-automatic pistol during that robbery.
On April 5, 2017, Golden used a handgun and robbed a Trussville branch of First Commercial Bank, according to the indictment, which also charges him with brandishing a 9mm semi-automatic pistol during that crime of violence.
The indictment charges Golden with using a handgun to rob an Oxford branch of BB&T on April 10, 2017.
Armed bank robbery carries a maximum sentence of 25 years in prison and a $250,000 fine. Brandishing a firearm during a crime of violence carries a mandatory minimum sentence of seven years in prison, which must be served consecutively to any other sentence imposed for the crime.
The FBI investigated the case, which Assistant U.S. Attorney Bill Simpson is prosecuting.
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Six-Time Felon Convicted of Possessing a Firearm in MilwaukeeRead the Press Release
Gregory J. Haanstad, the United States Attorney for the Eastern District of Wisconsin, announced that on January 16, 2018, a jury found Adrian Harper (age 39), of Milwaukee, guilty of illegally possessing a firearm as a convicted felon.
On July 3, 2017, Harper was found in possession of a fully loaded Smith & Wesson M&P9 Shield 9mm pistol. Harper had been previously convicted of five felonies in cases that stretch back to the early 1990s. Most recently, in 2010, Harper was convicted in federal court of possession of a firearm while shooting a gun into the air with a crowd of people nearby.
On April 13, 2018, Judge Adelman is scheduled to sentence Harper for his most recent unlawful possession of a firearm. Harper faces a maximum term of imprisonment of ten years, a maximum term of supervised release of three years, and a maximum fine of $250,000.
The case was investigated by the Milwaukee Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant United States Attorneys Keith Alexander and Benjamin Taibleson.
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For additional information contact:
Acting Public Information Officer Elizabeth Makowski, 414-297-1700
Shreveport tax preparer pleads guilty to filing false tax returns for self, customersRead the Press Release
SHREVEPORT, La. – United States Attorney Alexander C. Van Hook announced that a woman who owned a Shreveport tax preparation business pleaded guilty Monday to filing false taxes for herself and her clients even after her electronic filing number was revoked.
Deborah A. Turner, 47, of Shreveport, pleaded guilty before U.S. Magistrate Judge Mark L. Hornsby to one count of making and subscribing a false tax return and one count of aiding and assisting in making and subscribing a false return. The plea will become final after it is accepted by U.S. District Judge S. Maurice Hicks Jr. According to the guilty plea, Turner owned Tax Express Refund, which is a tax preparation business located in Shreveport. The IRS revoked her Electronic Filing Identification Number (EFIN) in January 2014, but she instead started using her daughter’s EFIN to continue filing tax returns. She filed numerous tax returns for clients for tax years 2011 to 2013 containing false information so they could claim deductions, credits and expenses to increase the size of their refunds. She also filed a false individual tax return for tax year 2013 where she failed to report $336,865 of income she received from her business.
Turner faces up to three years in prison, one year of supervised release and a $100,000 fine for each count. The court set a sentencing date of April 2, 2018.
The IRS-Criminal Investigations conducted the investigation. Assistant U.S. Attorney Tennille M. Gilreath and Supervisory Assistant U.S. Attorney Cytheria D. Jernigan are prosecuting the case.
Salinas Resident Pleads Guilty to Bank RobberyRead the Press Release
SAN JOSE– Nathan James Garcia, aka “Bones,” pleaded guilty to conspiracy to commit robbery affecting interstate commerce and armed bank robbery in connection with the 2012 robbery of a Salinas, Calif., bank, announced Acting United States Attorney Alex G. Tse and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The guilty plea was accepted this morning by the Honorable Lucy H. Koh, United States District Judge.
According to his guilty plea, on May 19, 2012, Garcia, 26, of Salinas, committed an armed bank robbery. During the robbery, a firearm was brandished and over $13,000 in cash was stolen. In the days leading up to the bank robbery and in preparation for robbing it, Garcia rehearsed the robbery and cased the bank.
On May 11, 2017, a federal grand jury indicted Garcia, charging him with one count each of conspiracy to commit robbery affecting interstate commerce, in violation of 18, U.S.C. § 1951(a); conspiracy to commit armed bank robbery, in violation of 18 U.S.C. §§ 2113(a) and (d), and 371; robbery affecting interstate commerce, in violation of 18 U.S.C. §§ 1951(a) and 2; and armed bank robbery, in violation of 18 U.S.C. §§ 2113(a) and (d), and 2. Pursuant to today’s plea agreement, Garcia pleaded guilty to the conspiracy to commit robbery affecting interstate commerce and the armed bank robbery counts. The remaining counts will be dismissed.
Garcia faces a maximum sentence of 20 years’ imprisonment and $250,000 for the conspiracy count and a maximum sentence of 25 years’ imprisonment and $250,000 for the armed bank robbery count. Further, additional terms of supervised release, penalties, and restitution may be ordered. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553. Garcia has been in federal custody since his arrest in May of 2017. Judge Koh has scheduled Garcia’s sentencing hearing for May 2, 2018.
Assistant U.S. Attorney Claudia A. Quiroz is prosecuting this case with assistance from Jessica Meegan and Lance Libatique. The prosecution is the result of an investigation by the FBI.
Sacramento Woman Sentenced for Failure to Appear for SentencingRead the Press Release
SACRAMENTO, Calif. — Maria Santa, 41, of Sacramento, was sentenced today to one year and one day in prison for failing to surrender for service of her sentence, U.S. Attorney McGregor W. Scott announced. U.S. District Judge Kimberly J. Mueller ordered today’s sentence to be served consecutive to Santa’s original sentence.
According to court documents, Maria Santa was previously sentenced to 20 months in prison for mortgage fraud and was ordered to begin serving her sentence in February 2014. When her motion for bail pending appeal was denied, she fled the jurisdiction and left a note at her residence that made it appear that she had committed suicide. On August 26, 2016, Maria Santa was arrested in Sacramento as a passenger in a vehicle her husband Virgil Santa was driving. She was found in possession of an identification document belonging to her twin sister.
Virgil Santa, 43, also of Sacramento, is charged with harboring a fugitive in relation to Maria Santa’s offense. The charge is only an allegation, he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an investigation by the Internal Revenue Service-Criminal Investigation and the Federal Bureau of Investigation. Assistant U.S. Attorneys Jared C. Dolan and Amanda Beck are prosecuting the case.
Rocky Comfort Man Charged with Threatening a Federal AgentRead the Press Release
SPRINGFIELD, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced today that a Rocky Comfort, Mo., man has been charged in federal court with threatening to assault an FBI agent.
Richard W. Toler, 47, of Rocky Comfort, was charged in a criminal complaint filed under seal on Monday, Jan. 22, 2018. The complaint was unsealed and made public today upon Toler’s arrest and initial court appearance. Toler remains in federal custody pending a detention hearing on Monday, Jan. 29, 2018.
The federal criminal complaint alleges that Toler threatened to assault an FBI agent with the intent to impede, intimidate and interfere with the agent while he was engaged in the performance of his official duties, and retaliate against the agent on account of the performance of official duties.
According to an affidavit filed in support of the criminal complaint, Toler left more than 30 voicemail messages for the agent. In many of the voicemails, Toler yelled, cursed and accused the agent of ignoring his duties. The affidavit cites specific threats made by Toler against the agent and his family.
For example, the affidavit cites one voice mail in which Toler allegedly said, “I think you should look at your kids … I think you should give them a … hug … in case this is the last Christmas you get to spend with them.”
On Jan. 13, 2018, an employee of Central Bank of the Ozarks, which shares an office building with the FBI Springfield Resident Agency, arrived at work and found two pieces of paper on the floor inside two exterior doors of the bank. Both papers were addressed to the agent and were signed “Richard W Toler.” The content of the papers is not disclosed in the affidavit.
The Chicago, Ill., division of the FBI began an investigation on Nov. 14, 2017, related to a complaint of Toler making threatening communications by telephone. The investigation centered on allegations that Toler threatened to dismember and kill a Chicago woman (identified in court documents as “S.C.”) with whom Toler has a son. Toler also allegedly directed threats at a manager of the Whole Foods store where S.C. worked.
Area FBI agents interviewed Toler about the allegations on Dec. 5, 2017. The agents told Toler to cease contact with S.C. and others involved.
Garrison cautioned that the charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Casey Clark. It was investigated by the FBI and the Barry County, Mo., Sheriff’s Department.
Rockford Man Indicted for Drug Trafficking and Firearm OffensesRead the Press Release
ROCKFORD — A Rockford man was indicted Tuesday in federal court on multiple counts of drug trafficking and firearm offenses.
ANTWAN D. MANLEY, 25, was charged with possessing with intent to distribute heroin, cocaine base and marijuana, in Rockford on Jan. 11, 2018. Manley was also charged with possessing a 9-mm pistol as a convicted felon on Jan. 11, 2018, and possessing that firearm in furtherance of a drug-trafficking crime. In addition, Manley was charged with distributing heroin in Rockford on Nov. 27, 2017, and Dec. 6, 2017.
Manley, who has been in federal custody since his arrest on Jan. 11, 2018, will appear before U.S. Magistrate Judge Iain D. Johnston for his arraignment today at 3:30 p.m.
Each of the drug-trafficking charges carries a maximum sentence of 20 years in prison. The charge of illegally possessing a firearm as a convicted felon carries a maximum sentence of ten years in prison, and the charge of possessing a firearm in furtherance of a drug-trafficking crime carries a mandatory minimum sentence of five years in prison and a maximum sentence of life imprisonment. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey Sallet, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; Celinez Nunez, Special Agent-in-Charge of the Chicago Field Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives; and Dan O’Shea, Chief of the Rockford Police Department. The federal investigation was conducted by the FBI-led Rockford Area Violent Gang Task Force, which includes the above agencies as well as the Loves Park and Freeport Police Departments. The Winnebago County Sheriff’s Office also assisted in the investigation.
The government is represented by Assistant U.S. Attorney Talia Bucci.
Rockford Man Charged in Federal Court with Bank RobberiesRead the Press Release
ROCKFORD — A Rockford man was indicted Tuesday by a federal grand jury in Rockford for the robberies of two Rockford banks.
ALBERT K. STALLWORTH, 62, was charged with two counts of bank robbery. According to the indictment, on Aug. 25, 2017, Stallworth robbed the Midwest Community Bank on North Perryville Road in Rockford of $4,989. The indictment further alleges that on Jan. 9, 2018, Stallworth robbed the Associated Bank on Center Terrace in Rockford of $1,620.
Stallworth appeared before U.S. Magistrate Judge Iain D. Johnston today for arraignment. His case was set for a status hearing on March 8, 2018, at 11:00 a.m.
Each count of bank robbery carries a maximum potential penalty of up to 20 years in prison, to be followed by up to three years of supervised release. Each count also carries a fine of up to $250,000. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines, and order the defendant to pay full restitution to Midwest Community Bank and Associated Bank.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The investigation was conducted by the FBI-led Rockford Area Violent Gang Task Force consisting of law enforcement officers and agents from the FBI, Rockford Police Department, Loves Park Police Department, and Freeport Police Department.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey Sallet, Special Agent-in-Charge of the Chicago Field Office of Federal Bureau of Investigation; and Dan O’Shea, Chief of the Rockford Police Department.
The government is represented by Assistant U.S. Attorney Joseph C. Pedersen.
Rock Hill Woman Pleads Guilty to ConspiracyRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that E'Shellah Calhoun, age 52, of Rock Hill, South Carolina, has entered a guilty plea in federal court in Columbia, to conspiracy, a violation of 18 U.S.C. § 371. United States District Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that the defendant and others agreed to defraud people across the country. The victims were contacted by members of the conspiracy who purported to be officials with the Internal Revenue Service – it appears from the investigation that these co-conspirators were operating out of India. The co-conspirators would threaten criminal prosecution if the victim did not pay a certain amount of money. The victims would be instructed to wire certain sums of money to a bank account in order to satisfy the debt. The investigation found that money was being sent to a South Carolina account operated by the defendant. Bank documents and bank surveillance, show that the defendant and associates would go to various banks and ATMs the day that money was deposited by the victims. The three would withdraw the full amount. The total amount that they received is approximately 50k. Additionally, the co-conspirators other times would demand gift cards; there is surveillance of the defendant redeeming thousands of dollars in gift cards within an hour of the victims transferring the funds.
Ms. Drake stated the maximum penalty for conspiracy is imprisonment for 5 years and/or a fine of $250,000.
The case was investigated by agents of the Office of the Inspector General of the Department of the Treasury. Assistant United States Attorney Jim May of the Columbia office is prosecuting the case.
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Red Valley Man Sentenced for Sexual Abuse of a MinorRead the Press Release
PHOENIX – On Monday, Eric Begay, 44, of Red Valley, Ariz., was sentenced by U.S. District Judge David G. Campbell to 42 months’ imprisonment, to be followed by 15 years of supervised release with sex offender conditions. Begay had previously pleaded guilty to sexual abuse of a minor.
In January of 2017, the victim, a member of the Navajo Nation, reported that Begay had been inappropriately touching the victim. Agents of the Federal Bureau of Investigation promptly began an investigation, which led to Begay’s arrest and prosecution. Begay is also a member of the Navajo Nation, and the abuse occurred within the Navajo Nation Reservation.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorney William G. Voit, District of Arizona, Phoenix.
CASE NUMBER: CR-17-08081-DGC
RELEASE NUMBER: 2018-006_Begay
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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.
Previously Removed Alien Sentenced for Failing to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Wilson Secadia-Garcia, a national of Guatemala, was sentenced on January 23, 2018, in Lincoln, Nebraska, by United States District Senior Judge Richard G. Kopf, to 41 months imprisonment for reentry of a removed alien after an aggravated felony conviction and for failure to register as a sex offender.
Secadia-Garcia was previously removed from the United States on multiple occasions since 2002. In 2009, he was convicted in Lancaster County, Nebraska, of sexual exploitation of a minor, an aggravated felony that carries with it a 25-year requirement to register as a sex offender under state law. After the Lancaster County conviction, Secadia-Garcia was again removed from the United States to Guatemala. Secadia-Garcia illegally reentered the United States, and was arrested on May 22, 2017, in Lincoln, Nebraska.
This case was investigated by the United States Marshal Service Metro Fugitive Task Force and the Department of Homeland Security.
Previously Convicted Sex Offender Sentenced to 12 Years’ Imprisonment for Transportation of Child PornographyRead the Press Release
Earlier today, in federal court in Central Islip, Angel M. Castillo was sentenced to 12 years’ imprisonment following his May 10, 2016 guilty plea to Transportation of Child Pornography in Interstate and Foreign Commerce. The sentencing proceeding was held before United States District Judge Joan M. Azrack. Castillo was also sentenced to 10 years’ supervised release to follow his prison sentence, during which time he must register as a sex offender and he will not be allowed unsupervised contact with minors.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and John W. Barry, Acting Commissioner, Suffolk County Police Department (SCPD), announced the sentence.
According to court filings, in May 2014, Castillo was found by FBI agents and SCPD detectives to be sharing child pornography online via a peer-to-peer file sharing network. A search warrant was executed on Castillo’s residence in February 2015, at which time Castillo admitted that he had a sexual interest in children. He also admitted that he had been using the peer-to-peer network for about a year and a half to download child pornography and that he had saved images and videos to his computer. Law enforcement recovered from Castillo’s computer over 600 videos and over 10,000 still images of child pornography, including the abuse of infants and toddlers.
United States Department of the Navy records show that Castillo was convicted and received a General Court Martial on February 21, 2003, after a guilty plea to Indecent Acts and Liberties with a Child. Castillo received a bad conduct discharge from the Navy and was sentenced to 54 months’ in custody (with 24 months suspended).
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Allen L. Bode is in charge of the prosecution.
The Defendant:
ANGEL M. CASTILLO
Age: 44
Bay Shore, New YorkE.D.N.Y. Docket No. 15-CR-519
Postal Employee Arrested, Charged with Stealing MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Ludwig, 45, of Fairport, NY, was arrested and charged by criminal complaint with theft of mail matter by a postal employee. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, on December 27, 2017, the U.S. Postal Service, Office of Inspector General, received information about mail thefts at the Victor, NY Post Office. Postal managers reported receiving multiple complaints of missing mail from postal customers. All of the complaints came from Victor City Route 01. The defendant was identified as the assigned carrier during the time the mail went missing.
A subsequent investigation determined that all the customers reported missing mail which contained either cash or gift cards, some of which were mailed to the victims, while other missing items were stamped and addressed to others and placed in the mailbox for pick up by the letter carrier. One victim, who reported a specific retail store gift card missing, retained the gift card identification number and determined that the stolen gift card was redeemed at a local store in the Rochester area. The retailer was able to identify the person who redeemed the stolen gift card.
During the investigation, Postal OIG Special Agents conducted surveillance of Ludwig while he carried out his postal duties. The defendant was electronically tracked to deviate from his assigned postal route, and to travel to the residential address of the individual who redeemed the stolen gift card. Also during the investigation, agents placed a piece of outgoing mail in a mailbox along City Route 01 which contained two $25 Wegmans store gift cards. It was subsequently determined that the gift cards were used by the defendant.
Postal OIG Special Agents also installed a surveillance video camera in the Postal Service government vehicle operated by Ludwig during the course of his official duties as a letter carrier. A review of that surveillance video found the defendant picking envelopes that appeared to contain greeting cards out of his assigned load, opening the envelopes, and removing items from inside the envelopes. Additionally, the surveillance video showed that while on duty, Ludwig was observed preparing two lines of a white powdery substance, which he appeared to ingest nasally through the use of a rolled dollar bill.
The defendant made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman and was released.
The complaint is the culmination of an investigation by Special Agents of the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely.
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.
Pickaway County Man Pleads Guilty to Transporting Illegal Aliens from Mexico with Cousin in TexasRead the Press Release
COLUMBUS, Ohio – Two cousins have each been charged in the Southern District of Ohio with unlawfully transporting illegal aliens, primarily Mexican citizens, within the United States.
Bromley D. Hackney, 57, of Ashville, Ohio, pleaded guilty in U.S. District Court today to one count of transportation of an alien within the United States. Robert G. Smith, 58, of Natalia, Texas, was charged by criminal complaint with the same crime and arrested this morning in Texas.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Steve Francis, Special Agent in Charge, U.S. Homeland Security Investigations (HSI), Ohio State Highway Patrol Superintendent Col. Paul A. Pride and officials with U.S. Border Patrol announced the charges and the plea entered into before U.S. District Judge Michael H. Watson.
According to an affidavit filed in support of the Criminal Complaint charging Smith, in October 2016, HSI agents received information from the Ohio State Highway Patrol regarding the suspected unlawful transportation of aliens. The source alleged that Hackney was using a semi-truck to move undocumented aliens within the United States for profit.
In December 2016, Hackney was stopped at a Border Patrol checkpoint near Laredo, Texas and agents found four undocumented aliens attempting to conceal themselves in hidden compartments in the cabin of the freight box truck. All of the individuals were taken into custody and later released.
Hackney agreed to be interviewed by investigators in Ohio in March 2017 and said he “knew that this day would come” and was going to go to a Border Patrol station soon to inquire about a possible investigation involving him. He admitted that he unlawfully transported aliens, which he and Smith began to do during the year 2011.
Smith, who was interviewed in June 2017, told investigators he would receive calls from a subject using the alias “Skinny” who would give him instructions on where to pick up the illegal aliens to be unlawfully transported. Smith would then contact others to arrange some of the transports, which he did approximately four times per week. He earned at least $2,000 per week coordinating the transactions.
Smith unlawfully transported aliens at least 72 times from 2011 through 2016 and transported four individuals each time. At first, he charged $800 per person and after the first two years increased the cost to $1,000 per person. The total amount of proceeds from the offense was nearly $269,000.
Transportation of an alien within the United States is a federal crime punishable by up to five years in prison.
“Smuggling human beings is a noxious business,” U.S. Attorney Glassman said. “We don’t want this sort of unlawful activity taking place in the Southern District of Ohio, and we’ll continue to work to identify and prosecute those who profit from transporting people illegally.”
“Dismantling criminal smuggling operations which prey on human beings with absolutely no regard for human life is a top priority for HSI," said Steve Francis, special agent in charge of HSI Detroit. "We will continue to aggressively pursue these alien smugglers who jeopardize human lives for money."
U.S. Attorney Glassman commended the investigation of this case by HSI, Ohio State Highway Patrol and U.S. Border Patrol, as well as Assistant United States Attorney Timothy D. Prichard, who is the District’s Immigration and Border Security Coordinator and who is representing the United States in this case.
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Philadelphia Man Charged with Intent to DistributeRead the Press Release
Joseph Massimino, Jr., of the 700 block of Mountain Street in Philadelphia, was charged today by Indictment with one count of possession with the intent to distribution an array of controlled substances - methamphetamine (actual), fentanyl, heroin, marijuana, and methadone - in violation of 21 U.S.C. § 841(a)(1), as well as with one count of possession of firearms in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c), and one count of possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1), announced United States Attorney Louis D. Lappen.
If convicted the defendant faces a maximum possible sentence of life imprisonment, and a mandatory term of imprisonment of fifteen years.
The case was investigated by Federal Bureau of Investigation and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Nancy B. Winter.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pharmacy Employee Charged in $1.5 Million Health Care Fraud ConspiracyRead the Press Release
NEWARK, N.J. – A Marlboro, New Jersey, man was charged today for his role in a conspiracy to falsely bill public and private insurance providers for medications that were never dispensed to patients, U.S. Attorney Craig Carpenito announced.Ruben Sevumyants, 34, is charged by criminal complaint with one count of conspiracy to commit health care fraud. He appeared today before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court and was released on $100,000 unsecured bond.
According to the complaint:
From June 2014 through Sept. 11, 2017, Sevumyants worked as the operations manager for a specialty pharmacy in Union City, New Jersey.
While employed at the pharmacy, Sevumyants allegedly forged documents and submitted false bills to Medicare, Medicaid, and other payors for medications that were never actually dispensed to patients. When health insurance providers, such as Amerihealth Caritas and Connecticut Medicaid, questioned the specialty pharmacy and Sevumyants about charges for medications that patients never received, Sevumyants allegedly forged Federal Express shipping records to make it appear that the medications were shipped to the patients.
Based on billing and shipping records, the specialty pharmacy received over $1.5 million from health insurance providers for prescriptions that were never actually dispensed to patients.
The count of conspiracy to commit health care fraud carries a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark; and the U.S. Department of Health and Human Services – Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, with the ongoing investigation.
The charge and allegations in the complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
The government is represented by Assistant U.S. Attorney Brian Urbano of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark.
The New Jersey U.S. Attorney’s Office reorganized its health care practice in 2010 and created a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since that time, the office has recovered more than $1.38 billion in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.
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Defense Counsel: Thomas Calcagni Esq., Newark
Pennsylvania Biofuel Company Owners Indicted for Seeking Tax Refunds Based on Fraudulently Claimed Fuel Tax CreditsRead the Press Release
HARRISBURG – United States Attorney David J. Freed for the Middle District of Pennsylvania, Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, and Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division announce that two owners of a Pennsylvania biofuel company were charged in a superseding indictment today with conspiring to defraud the Internal Revenue Service (IRS) and aiding and assisting in the preparation of a fraudulent fuel tax credit refund claim.
According to the superseding indictment, Ben Wootton, age 52, of Pennsylvania, and Race Miner, age 48, of Colorado owned and operated Keystone Biofuels Inc., located in Shiremanstown, Pennsylvania, and later in Camp Hill, Pennsylvania. Wootton, serving as President, and Miner, serving as Chief Executive Officer, are alleged to have participated in a conspiracy to defraud the IRS by, among other things, fraudulently claiming tax refunds based on the Biodiesel Mixture Credit – a federal excise tax credit for persons or businesses who mix biodiesel with diesel fuel and use or sell the mixture as a fuel. Biodiesel is a type of renewable fuel that meets a set of specific requirements.
According to the superseding indictment, the Biodiesel Mixture Credit was available only on fuel meeting those requirements that the claimant had mixed with diesel fuel. Wootton and Miner allegedly caused Keystone to fraudulently seek tax refunds from the IRS by claiming the credit based on non-qualifying and, in at least some instances, non-existent or non-mixed fuel. The indictment further alleges that Wootton and Miner created false books and records and supporting documents to account for the nonexistent fuel; engaged in a series of sham financial transactions to give the false books and records the appearance of legitimacy; and sought to obstruct an ongoing IRS investigation by providing false documentation to an IRS Special Agent.
These charges are in addition to those previously lodged against Wootton and Miner. In a May 2017 indictment, both men, along with Keystone Biofuels Inc., were charged with conspiring to make false statements to the Environmental Protection Agency (EPA) and making false statements to the EPA.
If convicted, Wootton and Miner face a statutory maximum sentence of five years in prison for conspiracy and three years in prison for aiding and assisting in the filing a false refund claim. They also face a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt.
U.S. Attorney Freed, Principal Deputy Assistant Attorney General Zuckerman, and Acting Assistant Attorney General Wood, praised special agents of IRS Criminal Investigation and the Environmental Protection Agency Criminal Investigation Division, who conducted the investigation, and Assistant U.S. Attorney Geoffrey MacArthur, Special Assistant U.S. Attorney David Lastra, Trial Attorneys Mark Kotila and Kimberly Ang of the Justice Department’s Tax Division and Senior Litigation Counsel Howard Stewart of the Justice Department’s Environmental and Natural Resources Division, Environmental Crimes Section, who are prosecuting the case.
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Pennsylvania Biofuel Company Owners Charged with Fraudulently Claiming Fuel Tax CreditsRead the Press Release
Two owners of a Pennsylvania biofuel company were charged in a superseding indictment today with conspiring to defraud the Internal Revenue Service (IRS) and aiding and assisting in the preparation of a fraudulent fuel tax credit refund claim, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney David J. Freed for the Middle District of Pennsylvania.
According to the superseding indictment, Ben Wootton, of Pennsylvania, and Race Miner, of Colorado owned and operated Keystone Biofuels Inc., located in Shiremanstown, Pennsylvania, and later in Camp Hill, Pennsylvania. Wootton, serving as President, and Miner, serving as Chief Executive Officer, are alleged to have participated in a conspiracy to defraud the IRS by, among other things, fraudulently claiming tax refunds based on the Biodiesel Mixture Credit – a federal excise tax credit for persons or businesses who mix biodiesel with diesel fuel and use or sell the mixture as a fuel. Biodiesel is a type of renewable fuel that meets a set of specific requirements.
According to the superseding indictment, the Biodiesel Mixture Credit was available only on fuel meeting those requirements that the claimant had mixed with diesel fuel. Wootton and Miner allegedly caused Keystone to fraudulently seek tax refunds from the IRS by claiming the credit based on non-qualifying and, in at least some instances, non-existent or non-mixed fuel. The indictment further alleges that Wootton and Miner created false books and records and supporting documents to account for the nonexistent fuel; engaged in a series of sham financial transactions to give the false books and records the appearance of legitimacy; and sought to obstruct an ongoing IRS investigation by providing false documentation to an IRS Special Agent.
These charges are in addition to those previously lodged against Wootton and Miner. In a May 2017 indictment, both men, along with Keystone Biofuels Inc., were charged with conspiring to make false statements to the Environmental Protection Agency (EPA) and making false statements to the EPA.
If convicted, Wootton and Miner face a statutory maximum sentence of five years in prison for conspiracy and three years in prison for aiding and assisting in the filing of a false refund claim. They also face a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman, Acting Assistant Attorney General Wood, and U.S. Attorney Freed praised special agents of IRS Criminal Investigation and the Environmental Protection Agency Criminal Investigation Division, who conducted the investigation, and Assistant U.S. Attorney Geoffrey MacArthur, Special Assistant U.S. Attorney David Lastra, Trial Attorneys Mark Kotila and Kimberly Ang of the Justice Department’s Tax Division and Senior Litigation Counsel Howard P. Stewart of the Justice Department’s Environmental and Natural Resources Division, Environmental Crimes Section, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Paris Man Pleads Guilty to Conspiracy to Distribute Crack CocaineRead the Press Release
LEXINGTON, Ky. — Cole Lee Rankin, 24, of Paris, pleaded guilty today to Conspiracy to Distribute Cocaine Base.
In his guilty plea, Rankin admitted that he had, on several occasions, distributed cocaine base, in Harrison County and Bourbon County, Kentucky, between March 2015 and September 2016.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart Lowery, Special Agent in Charge, ATF; Richard Sanders, Commissioner Kentucky State Police; Burl Purdue, Clark County Sheriff; and Shain Stephens Harrison County Sheriff, jointly announced the guilty plea.
The ATF, Kentucky State Police, Clark County Sheriff’s Department, and Harrison County Sheriff’s Department conducted the investigation. Assistant United States Attorney Lauren Tanner Bradley represented the United States in the case. The case is part of the Project Safe Neighborhoods (PSN) Program, a Department of Justice initiative to reduce violent crime through partnerships between federal, state, and local law enforcement. The goal of the PSN Program is to use these partnerships to make communities safer.
Rankin will appear for sentencing before Chief United States District Judge Karen K. Caldwell in Lexington, on April 20, 2018, at 1:30 p.m.
Rankin faces a mandatory minimum sentence of five years and a maximum prison sentence of 40 years. The Court, however, will impose any sentence after consideration of the U.S. Sentencing Guidelines and the applicable federal statutes.
Pair found guilty of racketeer influenced corrupt organization conspiracy in federal courtRead the Press Release
Ten members of Elite Enterprise convicted, two at trial with eight pleading guilty to participating in a RICO conspiracy or related fraud counts for defrauding financial institutions and insurance companies across the country.
PRESS RELEASE
Indianapolis – United States Attorney Josh J. Minkler announced today the convictions of the final two defendants after a two-week jury trial, in a corrupt business organization plot to deceive a myriad of financial institutions and insurance companies across the country resulting in a loss upwards of $1.6 million. Mahdi Khelifi, 25, and Hamza Dridi 28, both of Indianapolis, were found guilty of conspiracy to commit racketeer influenced and corrupt organization and interstate transportation of stolen property. Khelifi was also charged with conspiracy to commit mail fraud and two counts of conspiracy to commit wire fraud.
“We are pleased that the jury was able to see this scheme for what is was,” said Minkler. “Elite Enterprise profited because of a continuous and pervasive culture of corruption. With the conviction of the final members of this criminal group, we have sent a strong message: if your business model includes stealing from others, we stand ready to enforce federal law to close your doors and to move criminals from their offices to the Bureau of Prisons.”
Khelifi and Dridi worked and managed Elite Imports, LLC and Elite Car Imports, LLC, which were car dealerships operating in two primary locations, 4550 N. Keystone Avenue and 8102 Pendleton Pike. As part of the conspiracy, Elite would work with customers to help them secure loans in order to purchase Elite’s vehicles. If the customer qualified, the lenders provided money for vehicle purchases by customers who could not pay for the vehicle in cash. Khelifi and Dridi and other members of the Elite Enterprise deceived these lenders by submitting fraudulent documents and information, such as proof of income (paystubs, driver’s licenses, social security numbers, and dates of birth) and proof of residency (utility bills), among other things. Enterprise members created or obtained these fraudulent documents so that they could deceive the lenders. Many of the fraudulent documents showed that Elite customers worked at shell companies. The goal of the Elite Enterprise was make the prospective lender believe that the customer was credit-worthy, with appropriate income levels, employment status and valid state drivers’ licenses to obtain loans.
The second racketeering fraud scheme involved members of the conspiracy making false claims to insurance companies, reporting vehicles as stolen, when in fact they were not. The defendants and associates were then reimbursed by various insurance companies for the purported stolen vehicles. 11 vehicles and vehicle parts previously reported stolen to insurance companies and the police were located in a chop shop behind the Keystone location when federal agents raided the business in September 2015.
The third fraud scheme involved floor plan financing and money laundering.
The case was investigated through a collaborative partnership between the Federal Bureau of Investigation, the U.S. Postal Inspection Service, the U.S. Social Security, OIG, the Lawrence Police Department and the Indianapolis Metropolitan Police Department, with assistance provided by the Indiana Secretary of State, Auto Division, and the Indiana Attorney General Consumer Fraud Division.
"This type of fraud has a devastating impact on victims and the verdict sends a clear message that illegal business practices in the form of white collar crime won't be tolerated," said W. Jay Abbott, Special Agent in Charge of the FBI's Indianapolis Division. "The FBI and our law enforcement and regulatory partners will continue to aggressively pursue those who perpetrate these schemes and steal from hardworking Americans."
“The wheels of justice moved swiftly, as indicated by the jury’s quick verdict. The conviction of both defendants ensures two fraudsters will now be imprisoned for the crimes they committed against the American public,” said Detroit Division Inspector in Charge, Patricia Armstrong, U.S. Postal Inspection Service.
Assistant United States Attorneys Cynthia J. Ridgeway and Kristina M. Korobov are prosecuting the case for the government and said Khelifi and Dridi could face up to 20 years’ imprisonment.
U. S. District Judge William T. Lawrence presided over the trial. No sentencing date has been set.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilize and partner with law enforcement agencies to prosecute individuals engaged in large-scale fraud schemes. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 5.1.
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Owner of Nevada Home Health Care Firm Sentenced to Prison for Employment Tax FraudRead the Press Release
A Las Vegas, Nevada, business owner was sentenced today to 12 months and one day in prison for evading payment of employment taxes and penalties, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Dayle Elieson of the District of Nevada.
Maria Larkin, 55, was convicted of tax evasion by a federal jury in Las Vegas in June. According to the evidence presented at trial, Larkin owned and operated Five Star Home Health Care Inc. (Five Star). Larkin was responsible for collecting and paying over income, social security, and Medicare tax withheld from her employees’ wages. From 2004 through 2009, Larkin did not pay over to the Internal Revenue Service the employment taxes she withheld. As a result, the IRS assessed trust fund recovery penalties (TFRPs) against Larkin for these years, which made her personally liable for the unpaid employment taxes.
Larkin concealed her assets and income to evade paying the TFRPs and to obstruct the IRS’s efforts to collect the outstanding taxes. She lied to the IRS regarding her ability to pay, changed the name of her business, placed her business in the name of a nominee, had her employees cash checks for her, and bought a home in the name of a nominee. In total, Larkin evaded more than $1.6 million in taxes.
In addition to the term of prison imposed, U.S. District Court Judge James C. Mahan ordered Larkin to serve three years of supervised release and to pay $1,153,633.50 in restitution to the IRS.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Elieson commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney John T. Mulcahy of the Tax Division and Assistant U.S. Attorney Alexandra M. Michael, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Owner of Nevada Home Health Care Firm Sentenced to Prison for Employment Tax FraudRead the Press Release
LAS VEGAS, Nev. – A Las Vegas, Nevada, business owner was sentenced today to 12 months and one day in prison for evading payment of employment taxes and penalties, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Dayle Elieson of the District of Nevada.
Maria Larkin, 55, was convicted of tax evasion by a federal jury in Las Vegas in June. According to the evidence presented at trial, Larkin owned and operated Five Star Home Health Care Inc. (Five Star). Larkin was responsible for collecting and paying over income, social security, and Medicare tax withheld from her employees’ wages. From 2004 through 2009, Larkin failed to pay over to the Internal Revenue Service (IRS) the employment taxes she withheld. As a result, the IRS assessed trust fund recovery penalties (TFRPs) against Larkin for these years, which made her personally liable for the unpaid employment taxes.
Larkin concealed her assets and income to evade paying the TFRPs and to obstruct the IRS’s efforts to collect the outstanding taxes. She lied to the IRS regarding her ability to pay, changed the name of her business, placed her business in the name of someone else, had her employees cash checks for her, and bought a home in the name of someone else. In total, Larkin evaded more than $1.6 million in taxes.
In addition to the term of prison imposed, U.S. District Court Judge James C. Mahan ordered Larkin to serve three years of supervised release and to pay $1,153,633.50 in restitution to the IRS.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Elieson commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney John T. Mulcahy of the Tax Division and Assistant U.S. Attorney Alexandra M. Michael, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
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Oregon U.S. Attorney's Office Collects Nearly $24 Million in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2017Read the Press Release
PORTLAND – U.S. Attorney Billy J. Williams announced today that the District of Oregon collected $21,705,595 in criminal and civil actions in Fiscal Year 2017. Of this amount, $8,066,251 was collected in criminal actions and $13,639,344 in civil actions.
Additionally, the District of Oregon worked with other U.S. Attorney’s Offices, Justice Department components and partner agencies to collect $575,775 in joint criminal and civil actions and $1,540,289 in asset forfeitures, bringing Oregon’s total to nearly $24 million. Forfeited assets deposited into the Justice Department’s Assets Forfeiture Fund are used to assist crime victims and for a variety of other law enforcement purposes.
Overall, the Justice Department collected more than $15 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2017.
“Thanks to the hard work and dedication of the District of Oregon’s Asset Recovery and Money Laundering Division and our partner agencies, funds recovered in the past fiscal year far exceed our office’s annual operating budget,” said Billy J. Williams, United States Attorney for the District of Oregon. “Our staff is dedicated to holding accountable those who seek to profit from illegal activities and will continue aggressively pursuing financial compensation for victims of crimes, and protecting government programs from exploitation and abuse.”
One example of the district’s recent restitution collection efforts was in a series of cases brought against members of the Desmarais family who owned and operated eight strip clubs and two adult video stores in the Portland metropolitan area. The family used these businesses as a front for the largest prostitution enterprise ever prosecuted in Oregon. The family collected cash every time a stripper engaged in an act of prostitution with a customer from 2006 through 2010, evading $728,165 in income taxes due on $2.6 million in unreported prostitution income. The four most culpable family members pleaded guilty to conspiring to defraud the Internal Revenue Service (IRS) and running a prostitution business. They were ordered to pay the IRS $728,165 in restitution and agreed to forfeit an additional $843,517 in cash seized during the execution of search warrants.
Another example comes from a case stemming from a July 28, 2009 fire in the Umpqua National Forest in southern Oregon known as the Williams Creek Fire. The Williams Creek Fire burned approximately 8,395 acres, most of which were National Forest System lands within the Umpqua National Forest. The fire caused the U.S. Department of Agriculture (USDA) to incur suppression, resource damages, and rehabilitation costs totaling over $16 million. An investigation concluded that the fire was caused by a power line fault occurring on a utility right of way owned, managed and controlled by PacifiCorp. The U.S. Attorney’s Office filed an action on behalf of the USDA seeking to recover the costs incurred by the U.S. related to the fire and ultimately collected $13 million.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Nurse Practitioner Pleads Guilty to Drug Distribution and Health Care Fraud Charges in Ongoing “Pill Mill” CaseRead the Press Release
Montgomery, Ala. – On Monday, January 22, 2017, Steven Edwin Cox, 61, of Tallassee, Alabama, pleaded guilty to drug distribution conspiracy and health care fraud charges arising out of the ongoing investigation and prosecution of a Montgomery “pill mill,” announced United States Attorney Louis V. Franklin, Sr. The “pill mill” at issue was the Family Practice medical office located at 4143 Atlanta Highway in Montgomery, Alabama.
According to court documents, until 2017, Cox worked at the Family Practice with Dr. Gilberto Sanchez. In November of 2017, Sanchez pled guilty to drug distribution, health care fraud, and money laundering charges arising out of the same scheme. Cox’s role in the scheme was to see patients originally prescribed unnecessary controlled substances by Sanchez and to give those patients refills on their prescriptions. Cox did so knowing that the patients did not actually need the medicine he was prescribing to them. Cox also helped Sanchez to fraudulently bill health insurance companies for the time he spent seeing the patients.
At sentencing, Cox faces a maximum sentence of 20 years’ imprisonment on the drug distribution conspiracy charge, and 10 years’ imprisonment on the health care fraud charge. He also faces substantial monetary penalties and restitution.
This case was investigated by the Drug Enforcement Administration’s Tactical Diversion Squad, the Internal Revenue Service’s Criminal Investigation Division, and the Department of Health and Human Services – Office of Inspector General. The Montgomery County, Alabama Sheriff’s Office, the Alabama Board of Medical Examiners, the Montgomery, Alabama Police Department, and the Opelika, Alabama Police Department all assisted in the investigation. Assistant United States Attorneys Jonathan S. Ross and R. Rand Neeley are prosecuting the case.
New Orleans Man Pleads Guilty to Bank RobberyRead the Press Release
U.S. Attorney Duane A. Evans announced that LESTER MALAVA, age 57, of New Orleans, pleaded guilty today before the Honorable Kurt D. Engelhardt, Chief Judge of the United States District Court for the Eastern District of Louisiana, to a one-count Bill of Information charging him with bank robbery.
According to court papers, MALAVA robbed the Capital One Bank at 3540 St. Charles Avenue in New Orleans on August 21, 2017. MALAVA was identified on an FBI tip line and later turned himself in to authorities. He faces a sentence of up to ten years in prison and a fine of $250,000, and a mandatory special assessment of $100.00. Sentencing is set before Chief Judge Engelhardt on April 25, 2018.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant U.S. Attorney David Haller is in charge of the prosecution.
New Haven Man Pleads Guilty to Heroin Distribution Charge Stemming from Shelton Overdose DeathRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that COREY SENIOR, 26, of New Haven, pleaded guilty today before U.S. District Judge Victor A. Bolden in Bridgeport to one count of possession with intent to distribute, and distribution of, heroin.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, on April 27, 2017, the Shelton Police Department and emergency medical services responded to a Shelton residence after a report of a suspected drug overdose of a 34-year-old female. The victim was pronounced deceased at the scene. Officers seized drug and non-drug evidence, including bags that appeared to have contained heroin, and a hypodermic needle. Investigators also seized the victim’s cellphone.
On April 28, 2017, the victim’s cellphone received a text from SENIOR and an officer, posing as the victim, arranged to purchase heroin from SENIOR. Shelton Police arrested SENIOR later that day after he arrived at the victim’s residence in possession of suspected heroin.
The investigation revealed that SENIOR had provided heroin to the victim shortly before the victim’s death.
SENIOR was arrested on a federal criminal complaint on May 16, 2017.
SENIOR faces a maximum term of imprisonment of 20 years. A sentencing date is not scheduled.
This matter has been investigated by the Drug Enforcement Administration’s New Haven Task Force and the Shelton Police Department. This case is being prosecuted by Assistant U.S. Attorney John T. Pierpont, Jr.
Multistate Serial Bank Robber Pleads Guilty to Robberies in California, Nevada, and UtahRead the Press Release
SACRAMENTO, Calif. — Gregory Jerome Brown, 28, of Bountiful, Utah, pleaded guilty today to robbing three banks, U.S. Attorney McGregor W. Scott announced.
According to court documents, Brown robbed three banks in three different states. Brown wrote his demands on an index card, and in one note, he claimed to have a gun. After the robberies, Brown rode away on his motorcycle. After the Utah bank robbery, Brown fled south and was apprehended in Phoenix, Arizona.
This morning Brown admitted that he robbed the following banks:
- On October 13, 2017, he robbed the Wells Fargo Bank at 338 Elm Avenue, Auburn, California;
- On October 14, 2017, he robbed the Wells Fargo Bank at 2895 Northtowne Lane, Reno, Nevada;
- On November 8, 2017, he robbed the America First Credit Union at 2928 East Mall Drive, Saint George, Utah.
This case is the product of an investigation by the Federal Bureau of Investigation with assistance from the Auburn Police Department, the Reno Police Department, the Saint George Police Department, and the Pleasant Grove Police Department. Assistant U.S. Attorney Michelle Rodriguez is prosecuting the case.
Brown is scheduled to be sentenced by U.S. District Judge Kimberly J. Mueller on April 18, 2018. Brown faces a maximum statutory sentence of 20 years in prison and a $250,000 fine for each count. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Mother and daughter from Beachwood charged with stealing the identities of more than a dozen people and filing false tax returnsRead the Press Release
A mother and daughter from Beachwood were charged in a 29-count federal indictment with stealing the identities of more than a dozen people and filing false tax returns, said U.S. Attorney Justin E. Herdman and IRS Special Agent in Charge Ryan L. Korner.
Aesha Johnson, 40, and Brittany Williams, 23, were each indicted on one count of conspiracy to commit wire fraud, 14 counts of wire fraud and 14 counts of aggravated identity theft.
Williams and Johnson, when she was living in West Virginia, conspired together to use stolen identities to file false tax returns with the IRS, seeking tax refunds. Johnson acquired many of these identities through a previous criminal fraud scheme, according to the indictment.
Johnson and Williams used an address associated with the family on East 142nd Street in Cleveland as the address of record for many of the false tax returns. They often communicated with each other using a code that referred to the victims using numbers 1 through 31, and created and used fictitious email accounts in the names of the victims to communicate with the IRS, according to the indictment
Williams filed the false tax returns online, obtained prepaid debit cards in the names of the identity-theft victims and requested the IRS deposit the refunds onto those cards. Williams then withdraw cash or made purchases with the cards, according to the indictment.
“This pair stole people’s identities then used it to steal from taxpayers,” Herdman said.
“Tax season is almost here and the indictment of Aesha Johnson and Brittany Williams for committing aggravated identity theft is a powerful reminder of what can happen when you decide to steal from honest taxpayers and the IRS,” Korner said. “Filing fraudulent tax returns in the names of other individuals may result in significant harm to those individuals whose identities were stolen, as well as a monetary loss against the U.S. Treasury."
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorneys Chelsea Rice and Matthew Cronin following an investigation by the IRS.
An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Moreland Hills physicians indicted on charges of performing unnecessary medical tests and procedures, overbilling insurance providers and illegally distributing opioids and other drugsRead the Press Release
A Moreland Hills couple was charged in a 24-count indictment with ordering and performing unnecessary tests and procedures to defraud insurance providers, as well as illegally distributing opioids and other drugs, law enforcement officials said.
Drs. Ashis K. Rakhit, 65, and Jayati Gupta Rakhit, 56, were indicted on one count of conspiracy to commit health care fraud, 11 counts of health care fraud and six counts of false statements relating to health care matters. They are both charged with three counts each of distribution of controlled substances.
The Rakhits, who are married, were both medical doctors who specialized in cardiovascular disease and internal medicine. They both had privileges at St. Vincent Charity Medical Center and operated Ohio Cardiology Associates, Inc., which had locations at 2322 East 22nd Street in Cleveland, 10850 Pearl Road in Strongsville and 6789 Ridge Road in Parma. Ashis Rakhit also practiced at 7211 Broadway Ave. in Cleveland, according to the indictment.
The Rakhits ordered and performed unnecessary medical tests between 2011 and 2018, including but not limited to unnecessary nuclear stress tests, cardiac catheterizations, bone density scans, echocardiograms, EKGs, carotid artery scans, venous ultrasounds of the legs and abdominal ultrasounds, according to the indictment.
They also recorded false symptoms in patient records to justify medically unnecessary tests on patients, including shortness of breath, palpitations, hypertension and abnormalities in breathing, according to the indictment.
The Rakhits billed Medicare, Medicaid and private insurers with inflated codes to reflect a service more costly than that which was actually performed, according to the indictment.
The Rakhits also intentionally distributed and dispensed controlled substances outside the usual course of medical practice. Ashis Rakhit is charged with distributing Percocet and Xanax in 2017, while Jayati Rakhit is charged with distributing Tramadol, according to the indictment.
“This couple violated the trust of their patients, the taxpayers and the community,” U.S. Attorney Justin E. Herdman said. “They performed unnecessary medical tests and billed for services they didn’t actually provide in exchange for prescription medications – all of this at a time when our region is inundated in opioid deaths and addiction.”
“Not only did these physicians put their patients through unnecessary medical procedures so they could line their pockets with extra income, they also prescribed controlled narcotics that were not medically required,” said FBI Special Agent in Charge Stephen D. Anthony. “Given the current opioid epidemic, prescribing unnecessary narcotics only further contributes to this crisis. The FBI will continue to work with our partners to hold accountable those in the medical field who choose to engage in criminal activity.”
“The submission of claims for up-coded, inflated, or medically unnecessary services to Medicare or Medicaid is illegal,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “Providing medically unnecessary procedures and tests is of great concern as it can compromise a patient’s health and safety. The OIG will continue to work with our law enforcement partners to identify these types of improper practices and will take action to protect the health and welfare of patients and taxpayer dollars.”
“I am pleased that my office’s Medicaid Fraud Control Unit was able to assist in the investigation that led to these indictments,” said Ohio Attorney General Mike DeWine. “We will continue to go after those who contribute to our state’s opioid crisis by illegally distributing opiates and defrauding insurers through inflated insurance claims.”
DEA Special Agent in Charge Timothy Plancon said: “The Drug Enforcement Administration has made it a priority to address the dangerous practice of illegally diverting prescription medications. The successful investigation into Ashis Rakhit and Jayati Gupta Rakhit is just one example of DEA's determination to combat the troubling prescription drug abuse problem in this country. These doctors violated the public trust by ordering unnecessary medical procedures and illegally diverting prescription drugs in northern Ohio. The indictments of the Rakhits makes it clear that the DEA, and our partners, will continue to bring those responsible for the illegal distribution of prescription medicines to justice.”
The investigation is ongoing. If you or someone you know may be a victim of these allegations, or if you have information that may be relevant to these allegations, please contact the FBI at 216-583-5328.
If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorneys Michael L. Collyer and Chelsea Rice following an investigation by the Federal Bureau of Investigation, U.S. Department of Health and Human Services – Office of Inspector General, Ohio Attorney General’s Medicaid Fraud Control Unit and the Drug Enforcement Administration.
An indictment is only a charge and is not evidence of guilt. The burden of proof is always on the government to prove a defendant guilty beyond a reasonable doubt.
Monroe County Man Sentenced for Sawed Off Shotgun OffensesRead the Press Release
Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today that James C. Voss, 25, of Waterloo, IL, was sentenced to 37 months of imprisonment on January 19, 2018 for unlawful possession of a sawed-off shotgun and felon in possession of a firearm. Voss will also have to serve a term of two years of supervised release after he is released from prison.
At his change of plea hearing on September 22, 2017, Voss admitted that he had used a sawed-off shotgun to kill a neighbor’s cat, and that he had been previously convicted of burglary, a felony offense, in Monroe County in 2011.
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.
The investigation which resulted in Voss’s arrest and conviction was conducted by the Monroe County Sheriff’s Department and by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant United States Attorney Robert L. Garrison.
Middlesex County, New Jersey, Duo Charged with Credit Card Fraud and Aggravated Identity Theft ConspiracyRead the Press Release
NEWARK, N.J. – A man and woman from Middlesex County, New Jersey, were arrested today for their alleged participation in a credit card fraud and aggravated identity theft conspiracy, U.S. Attorney Craig Carpenito announced.
Henry Abdul, 30, and Alexus Omowole, 22, both of North Brunswick, New Jersey, are each charged by complaint with one count of bank fraud conspiracy and one count of aggravated identity theft. Abdul and Omowole are expected to make their initial appearances this afternoon before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court.
According to the complaint:
Between October 2015 and the present, Abdul and Omowole participated in a conspiracy to obtain control of and use credit card accounts of others through a fraudulent scheme commonly referred to as a “credit card takeover” scheme. A person who is not the account owner or authorized user of a credit card account contacts the financial institution and poses as the account owner in order to change the personal information associated with the account to information familiar to the criminal. The information changed may include the residence, email address, or telephone number associated with the account. These changes to the account are designed to give the criminal control of the account without the actual account owners’ knowledge or authorization, and may permit the criminal to receive new credit cards associated with the compromised accounts. Once in control of the account, the criminals profit by using the compromised accounts to make purchases, transfer funds to other accounts under the criminal’s control, or sell the account information to third parties.
In this case, Abdul’s residential address was used as part of the takeover conspiracy, and both Abdul and Omowole profited from the conspiracy by using several compromised credit cards at various retail locations in New Jersey and elsewhere.
The bank fraud conspiracy charge carries a maximum potential penalty of 30 years in prison and a fine of up to $1 million. The aggravated identity theft charge carries a mandatory sentence of two years in prison, which must run consecutive to any other term of imprisonment imposed by the Court.
U.S. Attorney Carpenito credited special agents with the U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), under the direction of Acting Special Agent in Charge Michael McCarthy in Newark, New Jersey; and the U.S. Postal Inspection Service under the direction of Acting Inspector in Charge Ruth M. Mendonca, with the investigation leading to today’s arrests.
The government is represented by Assistant U.S. Attorneys David M. Eskew and Nicholas Grippo of the U.S. Attorney’s Office Criminal Division in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty
Mexican National Charged with Illegal ReentryRead the Press Release
U.S. Attorney Duane A. Evans announced that GUADALUPE HERRERA-PEREZ, age 41, a citizen of Mexico, was charged yesterday in a one-count bill of information with illegal reentry of a removed alien after deportation, in violation of 8 U.S.C. '' 1326(a) and (b)(2).
According to the bill of information, GUADALUPE HERRERA-PEREZ reentered the United States prior to on or about November 26, 2017, after having been previously removed therefrom on or about January 28, 1998.
If convicted, GUADALUPE HERRERA-PEREZ faces a maximum term of imprisonment of twenty years, a fine of up to $250,000.00, three years supervised release after imprisonment, and a mandatory $100 special assessment.
U. S. Attorney Evans reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Member of Taunton Drug Conspiracy Sentenced for Distributing Heroin and FentanylRead the Press Release
BOSTON – A former resident of Providence, R.I., was sentenced yesterday in federal court in Boston for his role in a heroin and fentanyl trafficking organization that operated in Taunton and Boston.
Jose Arias, 22, was sentenced by U.S. District Court Judge Leo T. Sorokin to five years of probation. In October 2017, Arias pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl. In February 2017, Arias was arrested and charged along with 22 co-defendants.
From mid-2016 through February 2017, federal law enforcement investigated two drug trafficking organizations operating in Taunton and Boston. Fernando Hernandez ran a heroin and fentanyl trafficking organization in Taunton, assisted by Arias, his son. The organization sold heroin and fentanyl to customers who re-distributed the drugs. It is alleged that Hernandez obtained drugs from a network of suppliers that included Jose Antonio Lugo-Guerrero, 32, a Dominican national who remains a fugitive, who operated a drug trafficking organization in Fall River and Boston.
Hernandez pleaded guilty in November; his sentencing is scheduled for Feb. 7, 2018.
United States Attorney Andrew E. Lelling; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Fall River Police Chief Daniel S. Racine; New Bedford Police Chief Joseph C. Cordeiro; Taunton Police Chief Edward James Walsh; Boston Police Commissioner William B. Evans; and Bristol Country District Attorney Thomas M. Quinn made the announcement today. Assistant U.S. Attorney Theodore B. Heinrich of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Man Sentenced to 25 Years in Prison for 3 CarjackingsRead the Press Release
SAN JUAN, P.R. – Today, U.S. District Court Judge Francisco A. Besosa sentenced Bernard Díaz-Pérez to 25 years in prison for committing three carjackings, announced United States Attorney Rosa Emilia Rodríguez-Vélez. The Federal Bureau of Investigation investigated the carjackings. Díaz-Pérez had plead guilty to the three carjackings on February 28, 2017.
According to court documents, on or about June 2, 2016, Bernard Díaz-Pérez and Jessenia Salgado-Ortiz, aiding and abetting each other, with the intent to cause death and serious bodily harm, did take a motor vehicle, to wit: a red 2008 Scion, model XD, that had been transported, shipped or received in interstate or foreign commerce, from the presence of F.N.R. and another female friend. During the carjacking, Díaz-Pérez sexually assaulted one of the victims. He also ordered the victims to move to the front passenger seat and then started to drive away from the location. The victims had to jump from the moving vehicle in order to escape the carjacking.
His co-conspirator, Jessenia Salgado-Ortiz also pled guilty on February 28, 2017. She was sentenced on August 8, 2017 to 71 months in prison.
Díaz-Pérez was also sentenced for two other carjackings which occurred on May 15 and 27, 2016, respectively. During both incidents, Diaz-Pérez forced the victims out of the cars using threats and a replica gun.
The case was prosecuted by Assistant United States Attorney Max Pérez Bouret.
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Machesney Park Man Charged in Federal Court with Armed RobberiesRead the Press Release
ROCKFORD — A Machesney Park man was indicted Tuesday by a federal grand jury in Rockford for the armed robberies of a convenience store and a bank.
DAVID M. BANEY, 32, was charged with one count of armed robbery, one count of armed bank robbery, and two counts of using and carrying a firearm during a crime of violence. According to the indictment, on Jan. 11, 2018, Baney used a semi-automatic pistol to rob Kelley’s Market/Mobil gas station on North Second Street in Machesney Park, of $170 in cash and two cartons of cigarettes. The indictment further alleges that on the same day Baney used a revolver to rob a Chase Bank on North Alpine Road in Loves Park, of $24,402.
Baney is currently in custody at the Winnebago County Jail on state charges related to the robbery of Kelley’s Market. He will appear in federal court in Rockford today at 10:00 a.m. for an initial appearance before U.S. Magistrate Judge Iain D. Johnston.
Armed bank robbery carries a maximum potential penalty of up to 25 years in prison, to be followed by up to five years of supervised release, while armed robbery carries a maximum potential penalty of up to 20 years in prison, to be followed by up to three years of supervised release. The first charge of using and carrying a firearm during a crime of violence carries a minimum consecutive sentence of seven years in prison, and the second charge of using and carrying a firearm during a crime of violence carries a minimum consecutive sentence of 25 years in prison. Each charge also carries a fine of up to $250,000. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines, and order the defendant to pay full restitution to Kelley’s Market/Mobile gas station and Chase Bank.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The investigation was conducted by the FBI-led Rockford Area Violent Gang Task Force consisting of law enforcement officers and agents from the FBI, Rockford Police Department, Loves Park Police Department, and Freeport Police Department. Officers from the Loves Park Police Department and the Winnebago County Sheriff’s Department participated in the investigation.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey Sallet, Special Agent-in-Charge of the Chicago Field Office of Federal Bureau of Investigation; Gary Caruana, Winnebago County Sheriff; and Chuck Lynde, Chief of the Loves Park Police Department.
The government is represented by Assistant U.S. Attorney John G. McKenzie.
Louisville Convicted Felon Sentenced to 110 Months for Threatening to Kill A Louisville Metro Intelligence (LM INTEL) Joint Task Force Member and Multiple Firearm ViolationsRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell M. Coleman today announced the sentence of a Louisville convicted felon, in United States District Court, by Senior Judge Thomas B. Russell, to 110 months in prison, followed by a three year period of supervised release, for threatening to kill a Louisville Metro Police Officer while engaged in the performance of his official duties, and for several firearms violations. There is no parole in the federal system.
“Threaten a federal task force member engaged in protecting this city and go to federal prison, period,” stated United States Attorney Russell Coleman. “Today’s nine year sentence is well-earned.”
Roman L. Brown, 26, admitted in court, that on April 12, 2017, he threatened to assault and threatened to kill an LM Intel Joint Task Force member, in order to impede, interfere, intimidate and retaliate against the LM Intel member while he was engaged in the performance of his duty. Further, on the same day, Brown threatened to assault a member of the immediate family of the LM Intel Joint Task Force member, while he was engaged in the performance of his official duty.
Brown further admitted to being a convicted felon in possession of a Glock Model 36, .45 caliber pistol, and a Zastava, AK-style 7.62 caliber pistol. While fleeing from police, Brown attempted to conceal his possession of the loaded AK-style 7.62 caliber pistol, by throwing it out the window of a moving vehicle. Brown was convicted in Jefferson County Circuit Court of Trafficking in a Controlled Substance First Degree, on September 18, 2013.
Brown was indicted with co-defendant Chicoby Summers. Both defendants were charged with counts of being a convicted felon in illegal possession of firearms. The charges against Summers are pending.
Louisville Metro Intel (LM Intel) is an intelligence-led task force which identifies serious, violent offenders and leverages all available resources to investigate, apprehend and prosecute these offenders. The LM Intel Joint Task Force was announced in January of 2017, and includes the United States Attorney’s Office, federal investigative agencies, state prosecutors and Louisville Metro Police.
This case was prosecuted by Assistant United States Attorneys Erin G. McKenzie and Nute Bonner, and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Louisville Metro Police Department.
Long Island Man Sentenced to Eight Years’ Imprisonment for Downloading Child PornographyRead the Press Release
Earlier today in federal court in Central Islip, Christopher Robert Grief, also known as “Mookie,” was sentenced to eight years’ imprisonment following his June 15, 2017 guilty plea to Receiving Child Pornography in Interstate and Foreign Commerce. The sentencing proceeding was held before United States District Judge Joseph F. Bianco. Grief was also sentenced to lifetime supervised release to follow his prison sentence, during which time he must register as a sex offender and he will not be allowed unsupervised contact with minors.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and John W. Barry, Acting Commissioner, Suffolk County Police Department (SCPD), announced the sentence.
According to court filings, Grief, who used the online identity “Mookie,” frequented online “Dark Web” forums devoted to the sexual torture of infants and toddlers. At the time of his arrest in September 2014, when a search warrant was executed on his residence, Grief admitted that he had a sexual interest in young children. He also admitted that he had been using the dark web forum for about a year to post and download child pornography and to chat about torture of children and animals. Grief further admitted that he had made and posted to the online forum a mutilation and torture video where he had abused a rat. Law enforcement recovered child pornography, including a video of the rape of a three-month-old baby on Grief’s computer. Grief has been incarcerated since his arrest.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Allen L. Bode is in charge of the prosecution.
The Defendant:
CHRISTOPHER ROBERT GRIEF (also known as “Mookie”)
Age: 30
Ridge, New YorkE.D.N.Y. Docket No. 14-CR-555
Lindsey Johnson Carjacking Conviction AffirmedRead the Press Release
Jackson, Miss. - In a published opinion issued yesterday, the United States Court of Appeals for the Fifth Circuit affirmed the carjacking and firearms convictions and sentence of Lindsey Johnson, announced U.S. Attorney Mike Hurst.
A federal grand jury previously returned a three-count indictment against Johnson, charging him with carjacking, being a felon in possession of a firearm, and brandishing a firearm during a crime of violence, stemming from an incident occurring in Jackson, Mississippi, on August 2, 2015.
In May 2016, Johnson was prosecuted for these crimes in Jackson before Senior U.S. District Judge William H. Barbour. A jury found Johnson guilty on all counts. Johnson was subsequently sentenced to 180 months of in prison, followed by three years of supervised release.
Johnson appealed to the Fifth Circuit Court of Appeals, challenging his conviction and sentence, arguing that the trial court had erred in denying the admission of evidence during trial, penalizing him during sentencing by finding that he had lied on the stand, and categorizing his prior convictions as crimes of violence resulting in an enhanced sentence. Johnson also argued that the prosecutor violated the law by cross-examining Johnson about his prior convictions.
In its ruling, the U.S. Court of Appeals for the Fifth Circuit upheld Johnson’s conviction and sentence. The Court denied Johnson’s first argument, holding that it could not conclude that admitting the evidence Johnson requested (Facebook posts) would have had a substantial impact on the jury’s ultimate verdict. The Court also upheld the district court’s finding that Johnson had lied on the stand and thus qualified for a higher sentence. In addition, the Court sustained the trial court’s finding that Johnson’s two prior state convictions for carjacking qualified for an increased sentence as a crime of violence.
Finally, the Court held that the prosecutor’s reference to the number of Johnson’s prior convictions did not violate the law and Johnson had failed to prove that he had suffered prejudice sufficient to require a new trial.
The case was investigated by the Jackson Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted at trial by Assistant United States Attorneys Abe McGlothin and Darren LaMarca. Assistant U.S. Attorney Gaines Cleveland handled the appeal.
US v Lindsey Johnson CA5Las Cruces Man Pleads Guilty to a Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Gilberto Garcia, 42, of Las Cruces, N.M., pled guilty this morning in federal court to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Garcia was arrested in Oct. 2017, on a criminal complaint charging him with possessing methamphetamine with intent to distribute. According to the complaint, law enforcement officers seized approximately 128 gross grams of methamphetamine from Garcia’s vehicle following a routine traffic stop on May 10, 2017, in Dona Ana County, N.M.
During today’s proceedings, Garcia pled guilty to a felony information charging him with possessing methamphetamine with intent to distribute. In entering the guilty plea, Garcia admitted that on May 10, 2017, Las Cruces Police Department officers seized approximately 80.5 grams of pure methamphetamine from Garcia following a traffic stop on the vehicle Garcia was driving based on a license plate violation. Garcia admitted that he intended to distribute the methamphetamine to others.
At sentencing, Garcia faces a mandatory minimum penalty of ten years and a maximum of life in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces offices of the DEA and FBI and the Las Cruces Police Department. Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Kittrell Man Sentenced for Felon in Possession of a Firearm ChargeRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, United States District Judge Terrence W. Boyle sentenced JOHNNIE O’NEIL LEWIS, 35, of Kittrell, North Carolina to 60 months of imprisonment followed by 3 years of supervised release.
LEWIS was named in an Indictment filed on August 8, 2017. On October 18, 2017, LEWIS subsequently pled guilty to being a Felon in Possession of a Firearm and Ammunition.
On June 1, 2017, the Henderson Police Department (HPD) responded to a call regarding an intoxicated individual, later determined to be LEWIS, who was shooting a gun in a residential neighborhood of Henderson. The HPD encountered LEWIS, a convicted felon, walking in the middle of the roadway, holding his hand near his waistband. LEWIS was observed with his hand on a pistol in his waistband and was issued repeated commands to stop moving; however, LEWIS failed to comply with the directives and fled on foot. A brief foot chase ensued, but officers were able to apprehend LEWIS without further resistance.
Upon his arrest, the HPD located a pistol approximately twenty feet from where LEWIS was arrested. Additionally, a handgun magazine was lying on the ground next to LEWIS, who also had thirteen rounds of ammunition in his shorts pocket. At the time of his arrest, the HPD smelled a strong odor of alcohol on LEWIS' breath.
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.
The Henderson Police Department and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) conducted the criminal investigation of this case. Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.
Justice Department Demands Documents and Threatens to Subpoena 23 Jurisdictions as Part of 8 U.S.C. 1373 Compliance ReviewRead the Press Release
The Department of Justice today sent the attached letters to 23 jurisdictions, demanding the production of documents that could show whether each jurisdiction is unlawfully restricting information sharing by its law enforcement officers with federal immigration authorities.
All 23 of these jurisdictions were previously contacted by the Justice Department, when the Department raised concerns about laws, policies, or practices that may violate 8 U.S.C. 1373, a federal statute that promotes information sharing related to immigration enforcement and with which compliance is a condition of FY2016 and FY2017 Byrne JAG awards.
The letters also state that recipient jurisdictions that fail to respond, fail to respond completely, or fail to respond in a timely manner will be subject to a Department of Justice subpoena.
“I continue to urge all jurisdictions under review to reconsider policies that place the safety of their communities and their residents at risk,” said Attorney General Jeff Sessions. “Protecting criminal aliens from federal immigration authorities defies common sense and undermines the rule of law. We have seen too many examples of the threat to public safety represented by jurisdictions that actively thwart the federal government’s immigration enforcement—enough is enough.”
Failure to comply with section 1373 could result in the Justice Department seeking the return of FY2016 grants, requiring additional conditions for receipt of any FY2017 Byrne JAG funding, and/or jurisdictions being deemed ineligible to receive FY2017 Byrne JAG funding.
The following jurisdictions received the document request today:
- Chicago, Illinois;
- Cook County, Illinois;
- New York City, New York;
- State of California;
- Albany, New York;
- Berkeley, California;
- Bernalillo County, New Mexico;
- Burlington, Vermont;
- City and County of Denver, Colorado;
- Fremont, California;
- Jackson, Mississippi;
- King County, Washington;
- Lawrence, Massachusetts;
- City of Los Angeles, California;
- Louisville Metro, Kentucky;
- Monterey County, California;
- Sacramento County, California;
- City and County of San Francisco, California;
- Sonoma County, California;
- Watsonville, California;
- West Palm Beach, Florida;
- State of Illinois; and
- State of Oregon.
Jury Finds Cedar Rapids Man Guilty of Firearms and Narcotics CrimesRead the Press Release
A man who tossed a loaded semi-automatic pistol and a bag of marijuana into a wooded area near the I-380 and Glass Road interchange in Cedar Rapids after a car accident in July 2017 was convicted by a jury today after a three-day trial in federal court in Cedar Rapids.
David Tachay Heard, age 39, from Cedar Rapids, was convicted on all counts, which included possession of a firearm by a felon, possession of a stolen firearm, possession of marijuana with intent to deliver, and possession of a firearm in furtherance of a drug trafficking crime. The verdict was returned this afternoon following about two hours of jury deliberations.
The evidence at trial showed that, on July 30, 2017, Heard ran a red light and crashed into another car at the Glass Road and I-380 Interchange. Heard drove the car to a more secluded spot on Redbud Road and tossed the bag of marijuana and the firearm into the nearby brush. By chance, passerby in a vehicle saw him do so. That passerby called 911. After Heard was arrested, the passerby received calls from a girlfriend of an associate of Heard, telling the passerby that Heard had his name and address.
An investigation revealed that Heard’s cousin purchased the firearm in 2013 from a now-defunct federal firearms licensee in the Cedar Rapids area. Heard’s cousin testified at trial that he did not give Heard permission to use the firearm, because he knew Heard was a felon.
This case is being prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes. The case was referred to the United States Attorney’s Office by the Cedar Rapids Police Department.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Heard remains in custody of the United States Marshal pending sentencing. Heard faces up to ten years’ imprisonment on three counts and a mandatory consecutive minimum sentence of 25 years’ imprisonment for possessing a firearm in furtherance of a drug trafficking crime. In sum, Heard is subject to a possible maximum sentence of life imprisonment, a $1,250,000 fine, $400 in special assessments, and nine years of supervised release following any term of imprisonment. Heard’s potential punishment was increased because he is a recidivist offender; he was convicted in the United States District Court for the Northern District of Iowa in 2000 on two counts of possession of a firearm in furtherance of a drug trafficking crime and possession of marijuana with intent to deliver, respectively.
The case is being prosecuted by Assistant United States Attorney Timothy L. Vavricek and Lyndie M. Freeman and was investigated by the Federal Bureau of Investigation, the Cedar Rapids Police Department, and the Bureau of Alcohol, Tobacco, and Firearms.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-83-LRR.
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Jury Convicts Panama City Beach Man of Online Child Exploitation OffensesRead the Press Release
PANAMA CITY, FLORIDA – After a one and a half day trial, Brandon Royce Phillips, 34, of Panama City Beach, was convicted yesterday in the U.S. District Court in Panama City of production, receipt, and possession of child pornography. The verdict was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
During November 2016, the grandmother of a 14-year-old boy advised the Clay County Sheriff’s Office that an unknown person had sent the boy sexually graphic videos during chats on Kik, a social media application. The investigation disclosed that Phillips, posing as a 17-year-old female named “Katie Davis,” had sent the boy pornographic videos of a female that Phillips claimed to be “Davis.” Phillips then convinced the boy to take sexually explicit videos of himself and send them to Phillips via Kik. Further investigation revealed videos of other children engaged in the same sexually explicit conduct.
Phillips faces a minimum of 15 years and a maximum of 30 years in prison for production of child pornography, a minimum of 5 years and a maximum of 20 years in prison for receipt, and a maximum of 20 years’ imprisonment for possession. The sentencing hearing is scheduled for April 10, at 2:00 p.m. at the United States Courthouse in Panama City.
The case is being investigated by United States Immigration and Customs Enforcement Homeland Security Investigations, the Bay County Sheriff’s Office, and the Clay County Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Christopher J. Thielemann.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Jefferson City Business Owner Indicted for Tax Evasion, Failure to Pay $400,000 in Payroll TaxesRead the Press Release
JEFFERSON CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced today that a Jefferson City, Mo., business owner has been indicted by a federal grand jury for tax evasion and for failing to pay over more than $400,000 in payroll taxes.
Gina Marie Volmert, 53, of Jefferson City, was charged in an 11-count indictment returned under seal by a federal grand jury in Jefferson City on Jan. 17, 2018. That indictment was unsealed and made public today upon Volmert’s arrest and initial court appearance.
Volmert is the majority owner and operator of GVA and Associates, LLC, in Jefferson City. GVA provides medical billing and coding services for the electronic submission of medical claims.
According to the federal indictment, GVA withheld payroll taxes from its employees’ paychecks. However, from 2012 through 2014, GVA allegedly made only partial payments to the IRS. Volmert is charged with eight counts of failing to pay over to the IRS a total of $403,912 in payroll taxes.
Volmert is also charged with three counts of tax evasion. In 2012, 2013 and 2014, the indictment alleges, Volmert decreased her reported income by fraudulently shifting her income to reimbursable expenses. Volmert fraudulently submitted $6,300 in reimbursable expenses every two weeks in order to conceal her income, according the indictment, which caused her income to be falsely reported on her W-2 to the IRS.
Garrison cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Jim Lynn. It was investigated by the Department of Labor, Office of Inspector General – Office of Investigations and IRS-Criminal Investigation.
Illegal Alien Sentenced to 262 Months in Federal Prison for Drug ConspiracyRead the Press Release
Jackson, Miss. – Jose Christian Nunez-Belemontes, 33, an illegal alien from Mexico living in Jackson, was sentenced yesterday by Senior U.S. District Judge William H. Barbour, Jr., to 262 months in federal prison, followed by four years of supervised release, for conspiracy to possess with intent to distribute 500 grams or more of cocaine, announced U.S. Attorney Mike Hurst.
Nunez-Belemontes was charged after a lengthy investigation into a drug trafficking organization operating in Jackson. As part of the investigation, agents were able to link $105,108 in U.S. Currency and three kilograms of cocaine to the defendant. Agents also seized approximately $192,000, a money counter, and more than 400 grams of cocaine from the defendant’s residence.
The case was investigated by the Drug Enforcement Administration, the Mississippi Bureau of Narcotics, and the Bureau of Alcohol Tobacco Firearms and Explosives, with assistance from: the Hinds County Sheriff’s Office; the Ridgeland Police Department; the Jackson Police Department; the U.S. Marshals Service; the Federal Bureau of Investigation; the Mississippi Highway Patrol; the Madison County Sheriff’s Office; the Brandon Police Department; the Rankin County Sheriff’s Office; the Mississippi Department of Corrections; the Pearl Police Department; the Flowood Police Department; U.S. Customs and Border Protection; and the Drug Enforcement Administration - Houston Field Division.
The case was prosecuted by Assistant United States Attorney Christopher L. Wansley.
Illegal Alien Pleads Guilty to Conspiracy to Smuggle Other Illegal AliensRead the Press Release
Gulfport, Miss. – Luis Enrique Moran-Vargaz, 37, a citizen of Mexico, pled guilty yesterday before U.S. District Judge Sul Ozerden to conspiracy to transport illegal aliens within the United States, announced U.S. Attorney Mike Hurst and Joseph Banco, Chief Patrol Agent of the U.S. Border Patrol’s New Orleans Sector.
Moran-Vargaz will be sentenced by Judge Ozerden on Monday, April 23, 2018 at 9:00 a.m. He faces a potential maximum 10 years imprisonment, not more than 3 years supervised release, a maximum $250,000 fine, and special assessments that could total $5,100.
On November 28, 2017, a truck driven by Moran-Vargaz was stopped by a Gautier police officer on Interstate-10 in Jackson County, Mississippi, for speeding. While the truck was designed to seat five people, the police officer observed that, in addition to the driver, there were six additional people in the vehicle. These passengers provided Mexican identification documents and they could not be identified by Moran-Vargaz. The U.S. Border Patrol was notified, and a Border Patrol Agent responded to the scene.
During the investigation, it was determined that none of the passengers had proper documentation and all were illegally present in the United States. The six passengers were being smuggled by Moran-Vargaz, whom also was determined to be an illegal alien. All occupants of the vehicle were arrested. Moran-Vargaz confirmed that he knew his passengers were illegal aliens and admitted that he was being paid to transport them from Texas.
"This office will aggressively pursue individuals who perpetuate and exacerbate the problem of illegal immigration in this country by attempting to profit from human smuggling. Our local and federal law enforcement officers should be commended for their cooperative efforts in this case. It is only through our work together that the American public is best served, the rule of law is upheld, and justice is done," said U.S. Attorney Hurst.
New Orleans Sector Border Patrol Chief Joseph Banco stated: "The New Orleans Border Patrol Sector’s efforts with its federal, state and local law enforcement partners reduces the ability of criminal organizations to exploit transportation routes within the area and degrades their ability to conduct criminal acts."
U.S. Attorney Hurst praised the cooperation exhibited by the U.S. Department of Homeland Security, the U.S. Border Patrol, and the Gautier Police Department. Assistant United States Attorney Stan Harris is the prosecutor for the case.
Illegal Alien Felon Pleads Guilty to Illegally Reentering United StatesRead the Press Release
Gulfport, Miss. – Juan Antonio Martinez-Alonso, 50, a citizen of Mexico, pled guilty yesterday before U.S. District Judge Sul Ozerden to the crime of unlawful re-entry by an alien previously convicted of a felony, announced U.S. Attorney Mike Hurst and Joseph Banco, Chief Patrol Agent of the U.S. Border Patrol’s New Orleans Sector.
Martinez-Alonso is scheduled to be sentenced by Judge Ozerden on Monday, April 23, 2018 at 10:30 a.m. He faces a potential maximum 10 years imprisonment, not more than 3 years supervised release, a maximum $250,000 fine, and a special assessment of $100.
On November 28, 2017, a truck in which Martinez-Alonso was a passenger was stopped by a Gautier police officer on Interstate-10 in Jackson County, Mississippi, for speeding. While the truck was designed to seat five people, the police officer observed that, in addition to the driver, there were six additional passengers in the vehicle. The passengers provided Mexican identification documents and they could not be identified by the driver. The U.S. Border Patrol was notified, and a Border Patrol Agent responded to the scene.
During the investigation, it was determined that none of the passengers had proper documentation and all were illegally present in the United States. All six passengers of the vehicle were arrested. Further investigation revealed that one of the passengers, Martinez-Alonso, had been previously convicted in the United States District Court for the District of New Mexico of the offense of Re-entry by a Removed Alien, a felony.
U.S. Attorney Hurst praised the cooperation exhibited by the Department of Homeland Security, the U.S. Border Patrol, and the Gautier Police Department. Assistant United States Attorney Stan Harris is the prosecutor for the case.
New Orleans Sector Border Patrol Chief Joseph Banco stated: "Our goal is to enhance border security in the Gulf Coast region in order to disrupt and degrade smuggling operations."
Hartford Man Sentenced to 5 Years in Federal Prison for Role in Heroin Trafficking RingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MARCUS TYSON, 32, of Hartford, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 60 months of imprisonment, followed by four years of supervised release, for his role in a heroin distribution ring.
According to court documents and statements made in court, in 2016, the East Hartford Police Department received information that individuals were packaging and selling heroin from an apartment at 50 Forest Street in Hartford, and that there were guns in the apartment. A law enforcement investigation in August and September 2016 confirmed drug activity at the location.
On September 13, 2016, members of the Hartford Police Department, East Hartford Police Department and the FBI’s Northern Connecticut Violent Crimes Task Force executed a search warrant at the apartment and encountered TYSON, Byron Rivera and Ronald Perez inside. A search of the apartment revealed more than 39,000 bags of heroin, approximately 283 grams of unpackaged heroin, three fentanyl patches, scales and other items used in the processing and packaging of heroin, two handguns and numerous rounds of ammunition. TYSON, Rivera and Perez were arrested at that time.
On June 2, 2017, TYSON pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of heroin. Rivera and Perez also have pleaded guilty. On August 29, 2017, Rivera was sentenced to 60 months of imprisonment. Perez awaits sentencing.
The FBI Task Force includes members of the U.S. Marshals Service, Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction. This case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.