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Thursday 30 November 2017
Defendant Sentenced to 210 Months in Federal Prison on Methamphetamine Distribution ConvictionRead the Press Release
AMARILLO, Texas — Eduardo Gutierrez-Zamora, 31, of Amarillo, Texas, was sentenced yesterday by U.S. District Judge Sidney A. Fitzwater to 210 months in federal prison on a methamphetamine distribution conviction, announced Erin Nealy Cox, U.S. Attorney for the Northern District of Texas.
Gutierrez-Zamora pleaded guilty in June 2017 to one count of conspiracy to distribute or possess with intent to distribute 500 grams or more of methamphetamine. He has been in custody since January 8, 2017 on a related criminal complaint. Gutierrez-Zamora was in the United States illegally at the time of the offense and will be deported after serving his sentence.
According to the plea agreement factual resume filed in the case, on January 7, 2017, the Texas Department of Public Safety (TXDPS) received information from the Arizona state police that they stopped a vehicle for a traffic violation and the narcotic detection canine alerted to the vehicle. The trooper located eight bundles of suspected methamphetamine in the vehicle. Arizona officers informed TXDPS that the driver was willing to cooperate with law enforcement and deliver the methamphetamine to the intended recipient, Gutierrez-Zamora, in Amarillo, Texas.
The driver called Gutierrez-Zamora and was instructed to deliver the methamphetamine to Gutierrez-Zamora at his residence. Once the delivery was made, agents executed a search warrant at the residence and located the methamphetamine delivered and additional narcotics.
The Drug Enforcement Administration, U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and TXDPS investigated. Assistant U.S. Attorney Joshua Frausto prosecuted.
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Decatur Man Indicted on Kidnapping, Child Sex-Trafficking ChargesRead the Press Release
BIRMINGHAM – A federal grand jury late Wednesday indicted a Decatur man on kidnapping and child sex-trafficking charges, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp Jr.
A seven-count indictment filed in U.S. District Court charges BRIAN DAVID BOERSMA, 48, with two counts of attempted kidnapping, one count of attempted transportation with intent to engage in criminal sexual activity and one count of sex trafficking of children by force, fraud or coercion. The indictment also charges Boersma with illegally possessing a Smith & Wesson M&P .40-caliber pistol and both .40-caliber and .380-caliber ammunition as a convicted felon. It further charges that Boersma possessed the pistol in furtherance of a crime of violence – the attempted kidnappings.
“The quick actions of the FBI and the Decatur Police Department thwarted Mr. Boersma’s disturbing plot to effect the kidnapping of two individuals, the result of which could have had dire consequences,” Town said. “Mr. Boersma, and those like him, can expect to be prosecuted to the fullest extent by the United States.”
According to the indictment, between Sept. 1 and Oct. 10 in Morgan County, Boersma attempted to kidnap and hold “for ransom, reward and otherwise,” a minor, who was younger than 18, and a second individual identified as “K.S.” In separate counts, the indictment charges that Boersma attempted to transport the minor in interstate commerce for intended criminal sexual activity, and that he attempted to traffic the child, knowing she would be forced into a commercial sex act.
The maximum prison penalty for attempted kidnapping is 20 years. The prison penalty for both attempted transportation with intent to engage in criminal sexual activity and sex trafficking of children is 10 years to life. The maximum prison penalty for possessing a firearm or ammunition as a convicted felon is 10 years. The penalty for possessing a pistol in furtherance of a crime of violence is a minimum of five years in prison.
The FBI is investigating the case with assistance from the Decatur Police Department. Assistant U.S. Attorney Davis Barlow is prosecuting the case.
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Correction Officer Sentenced to 16 Months in Connection with Cover-Up of Inmate AssaultRead the Press Release
Joon H. Kim, Acting United States Attorney for the Southern District of New York, announced today that RODINY CALYPSO, a former New York City Correction Officer, was sentenced today in Manhattan federal court to 16 months in prison for filing a false “Use of Force” report in connection with his beating of a handcuffed inmate at Rikers Island. CALYPSO was found guilty of filing the false report on August 16, 2017, following a five-day jury trial at which he was also acquitted of one count of violating the civil rights of an inmate and one count of obstruction of justice. U.S. District Judge Valerie E. Caproni imposed today’s sentence.
Acting Manhattan U.S. Attorney Joon H. Kim said: “Today, Rodiny Calypso received the prison term that his cover-up deserved. A day after being caught on videotape beating a handcuffed man at Rikers Island, Rodiny Calypso undermined the ensuing investigation by repeatedly lying on a report. The integrity of investigations into Constitutional violations at New York’s jails and prisons is critically important, and lying to interfere with them can lead to a federal conviction, as well as time in prison.”
In sentencing CALYPSO, Judge Caproni said: “Make no mistake about it, this is a serious offense. Other correction officers should think long and hard about telling the truth on the Use of Force forms. It is important that they know that it’s not just that use of force that will get you in trouble, but lying to cover it up will, too.” Judge Caproni added that “the message has to be that you will pay dearly, not just with the loss of your job, but with the loss of your liberty” if a correction officer files a false report.
According to the Complaint, Indictment, other documents filed in Manhattan federal court, and evidence presented at trial:
Rikers Island is a jail complex located in the Bronx, New York, maintained by the New York City Department of Correction. At the time of his assault, the inmate (“Inmate-1”) was a pretrial detainee in the Otis Bantum Correctional Center (“OBCC”), a facility that houses, among other inmates, inmates in need of maximum security. Inmate-1 was housed in 5 North, a dormitory area within the OBCC in which inmates were generally kept in solitary confinement in individual cells for 23 hours per day. The shower facilities within 5 North were individual stalls, to be occupied by one inmate at a time, and to which inmates were brought handcuffed, then uncuffed through a port in the shower stall door, and then handcuffed again through the port before being brought out of the stalls by correction officers.
The Assault and Cover-Up
Shortly before noon on February 27, 2014, CALYPSO relieved another correction officer at 5 North while Inmate-1 was in the shower. Inmate-1 and CALYPSO had an extended and heated verbal exchange, during which CALYPSO picked up some personal items Inmate-1 had dropped outside the door through the port. At one point, CALYPSO stepped away from the door and spoke to a fellow correction officer one level down within the dorm area. That person left the dorm area and returned with another officer (“Officer-1”), who looked up at the shower area.
CALYPSO rear-cuffed Inmate-1 for removal and briefly looked down in the direction of the other officer. CALYPSO then opened the door to the shower stall and, within seconds, sucker-punched Inmate-1 several times in the face. He followed Inmate-1 into the shower area, where he put Inmate-1 into a headlock and punched him several more times in the head. CALYPSO then began to lose his footing, and clung to Inmate-1’s side. Officer-1 arrived in the stall at this point. As Officer-1 restrained Inmate-1, CALYPSO regained his footing and elbowed Inmate-1 repeatedly – approximately five times – in the head. As a result of the assault, Inmate-1 suffered lacerations to his face and the back of his head. The entire assault was captured on surveillance video and witnessed by multiple inmates whose cells were positioned opposite the shower area.
The New York City Department of Correction issues directives governing the circumstances under which the use of force against inmates is appropriate. Under these directives, force is to be used as a last resort, when an inmate in restraints is still dangerous to himself and others. The directives also dictate how incidents in which force is used are to be reported – on a “Use of Force” report to be filled out truthfully and promptly.
A full day after the assault, in violation of the directives, CALYPSO filled out a “Use of Force Report” form on which he was supposed to report truthfully the circumstances of that assault. Over multiple pages and numerous answer fields within the report, CALYPSO attempted to justify his conduct by lying about whether and how Inmate-1 had acted aggressively toward him and whether his violent response was necessary. He also mischaracterized and misstated portions of the assault, omitting the punches he delivered while holding Inmate-1 in a headlock and claiming that he had hit CALYPSO only in the “upper torso” area.
CALYPSO was terminated from his job as a correction officer following his criminal conviction.
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Mr. Kim praised the investigative work of the FBI. Mr. Kim also thanked the New York City Department of Investigation, the New York City Department of Correction, Investigative Division, and the Bronx District Attorney’s Office for their assistance in the investigation.
This case is being handled by the Office’s Civil Rights and Public Corruption Units. Assistant U.S. Attorneys Martin S. Bell and Tara M. La Morte are in charge of the prosecution.
Conway Chiropractors Indicted for Health Care Fraud ConspiracyRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that John Andrew Pienkos II, age 46, of Little River, and Alexander Tomovski, age 49, of Murrells Inlet, both of whom practiced in Conway, were charged in a one-count Indictment by a Grand Jury in Florence for Conspiracy to Commit Health Care Fraud, a violation of Title 18, United States Code, § 1349.
Ms. Drake stated the penalty faced by the Defendants for a violation of Title 18, United States Code, § 1349 is imprisonment for ten years, with a potential fine up to $250,000.
The Federal Bureau of Investigation and United States Postal Service investigated the case. Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.
The United States Attorney stated that all charges in the indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Connecticut Man Pleads Guilty to Robbery ChargesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Seth J. Blewitt, 30, of Oakville, Connecticut pleaded guilty today in U.S. District Court to bank robbery and brandishing a firearm while committing a Hobbs Act robbery. The charges arose from the robberies of a TD Bank branch and a Dollar Tree store.
Court records reveal that on May 28, 2017, the defendant robbed a TD Bank branch in Bangor. He entered the bank, approached a teller, and said, “I’m actually robbing you. I want all of your money, no dye packs or GPS trackers.” He was wearing a black knit hat, sunglasses, gloves, and a plaid shirt. The teller complied and the defendant absconded with a bag of cash.
The next day, the defendant robbed the Dollar Tree store in Bangor with a shotgun. He was wearing a mask and sunglasses and he demanded that a cashier open the register. When the cashier said that she could not open the register, he struck the register with the shotgun. The cashier yelled for the manager and the manager opened the register and gave the defendant cash. The defendant absconded with the cash. The defendant’s wife, Cara J. Blewitt, served as the getaway driver for both robberies. Officers from the Bangor Police Department arrested the defendant and his wife within minutes of the Dollar Tree robbery.
The defendant faces between seven years and life in prison, a $250,000 fine and full restitution. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. Cara M. Blewitt pleaded guilty in U.S. District Court on October 11, 2017 to aiding and abetting the robberies and awaits sentencing.
The investigation was conducted by the Bangor Police Department; the Federal Bureau of Investigation; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Colorado Man Crossing the Montana/Alberta Border Sentenced to over 12 Years in Prison for Transportation of Child PornographyRead the Press Release
GREAT FALLS – Ronald Ray Horner, 57, formerly of Walsenburg, CO, was sentenced today in federal court for transportation of child pornography. On April 6, 2017, Horner was found guilty by a jury following a two-day trial. U.S. District Court Judge Brian Morris sentenced Horner to 154 months in prison. Following his release, Horner will be subject to supervised release for 7 years. In addition, Horner is also required to forfeit his laptop computer.
In her trial brief, Assistant U.S. Attorney Cyndee Peterson stated that on March 24, 2014, Ronald Horner was travelling north on I-15 and crossed the Coutts, Alberta border crossing into Canada. Horner was sent to secondary inspection because he was acting suspiciously. During secondary inspection, Canada Border Services agents inspected a Toshiba laptop computer belonging to Horner. On the laptop were over 200 video and image files depicting child pornography. The examiner also located Horner’s search history which showed Horner purposely sought out child pornography on the laptop. The files included depictions of prepubescent children being sexually assaulted by adults.
Horner was indicted by a federal Grand Jury on May 4, 2016. His trial was originally scheduled to commence on October 17, 2016, and Horner was released on conditions pending his trial including electronic monitoring. In September 2016, Horner cut his ankle bracelet, left a suicide note and fled the United States. The United States Marshals Service located the defendant in Uruguay. Horner returned to the United States in February 2017 to stand trial.
Several Canadian law enforcement agencies investigated the case including the Southern Alberta Internet Child Exploitation Unit, Royal Canadian Mounted Police, and Canada Border Services Agency. The United States DHS-Homeland Security Investigations and United States Marshals Service assisted the Canadian authorities with the investigation including the subsequent apprehension of Horner.
Co-Conspirator Sentenced to 157 Months for Methamphetamine TraffickingRead the Press Release
Greenville, South Carolina ---- United States Attorney Beth Drake stated today that Miguel Angel Urieta-Jaimes, age 42, of Atlanta, Georgia, was sentenced in federal court in Anderson, for possession with intent to distribute methamphetamine, in violation of Title 21, United States Code, Section 841, and possession of a firearm in furtherance of drug trafficking, in violation of Title 18, United States Code, Section 924(c). United States District Judge Timothy M. Cain, of Anderson, sentenced Urieta-Jaimes to 157 months imprisonment and four years of supervised release.
Evidence presented at the change of plea hearing established that Urieta-Jaimes conspired with others throughout 2015, in Atlanta, Georgia and Anderson County, South Carolina, to distribute significant quantities of methamphetamine. Urieta-Jaimes coordinated deliveries to individuals in Anderson County and was eventually arrested, in November 2015; at the time, he was found in possession of various controlled substances, including methamphetamine, and a firearm.
The case was investigated by ICE - Homeland Security Investigations. Assistant United States Attorney D. Josev Brewer of the Greenville office handled the case.
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Citizen of Ecuador Pleads Guilty to Reentering U.S. after Being DeportedRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that RODOLFO BOLIVAR TEPAN, 38, a citizen of Ecuador last residing in Danbury, pleaded guilty yesterday in Hartford federal court to one count of reentry of a removed alien.
According to court documents and statements made in court, in February 2016, TEPAN was sentenced in Danbury Superior Court to 10 years of incarceration, execution suspended, and five years of probation, for risk of injury to a minor. In October 2016, TEPAN was deported from the U.S. to Ecuador.
TEPAN illegally reentered the U.S. and, on May 12, 2017, was arrested by Danbury Police for failure to register as a sex offender. He was convicted of the offense and, on July 28, was sentenced in state court to 18 months of incarceration. TEPAN has been detained since his arrest.
The charge of illegal reentry carries a maximum term of imprisonment of 10 years. TEPAN is scheduled to be sentenced by U.S. District Judge Michael P. Shea on February 26, 2018.
This investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations. The case is being prosecuted by Assistant U.S. Attorney Deborah R. Slater.
Charleston woman pleads guilty for selling heroin while on federal supervised releaseRead the Press Release
CHARLESTON, W.Va. – A Charleston woman who sold heroin while on federal supervised release pleaded guilty today to a drug crime, announced United States Attorney Carol Casto. Christy Stevens, 38, entered her guilty plea to distribution of heroin.
Stevens admitted that on June 7, 2017, she sold heroin to a confidential informant working with the Metropolitan Drug Enforcement Network Team. The drug deal took place at the Elm Street residence of Stevens in Charleston. Additionally, Stevens admitted to all of the charged drug trafficking activity. At the time of the drug deal, Stevens was serving a term of federal supervised release for a prior federal felony drug conviction.
Stevens faces up to 20 years in federal prison on the heroin charge when she is sentenced on March 3, 2018. Stevens also faces up to two years in prison for violating her federal supervised release. The sentences will be served consecutively.
The Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney John J. Frail is responsible for the prosecution. Chief United States District Judge Thomas E. Johnston presided over the plea hearing.
This prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Bushland Man Sentenced on Health Care Fraud ConvictionRead the Press Release
AMARILLO, Texas — A 49-year-old man from Bushland, Texas, Thomas Roy Clark, who pleaded guilty in August 2017 to one count of health care fraud, was sentenced today by U.S. District Judge Sidney A. Fitzwater to 41 months in federal prison and ordered to pay $514,576.29 in restitution, joint and severally with his codefendant. The announcement was made today by U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
As part of the plea agreement Clark agreed to forfeit a total of $84,750.23. Judge Fitzwater ordered Clark to surrender to the Bureau of Prisons on January 9, 2018.
According to the plea agreement factual resume, from July 2012 through July 2015, Clark operated Panhandle Chiropractic Clinic (PCC) in Amarillo, Texas, without a license issued by the Texas Board of Chiropractic Examiners. Co-defendant Karen Denise Jones, 56, assisted Clark in billing insurance companies on PCC’s behalf for services properly billable only by a licensed chiropractor. They also billed for services not rendered and for services rendered in lesser quantities billed.
Clark and Jones would omit Clark’s name or national provider identifier on PCC’s itemized billing statements, which prevented insurance companies from knowing they were being billed for services provided by a chiropractor without a license. Clark and Jones also listed the specific type of procedure or service PCC provided by misrepresenting to insurance companies that the procedures being billed were performed by a licensed health care provider in good standing with their state board.
Health care providers issued approximately $524,547.89 in payments to PCC from 12 insurance companies.
The case was investigated by the Federal Bureau of Investigation and the Randall County Sheriff’s Office.
Assistant U.S. Attorney Joshua Frausto was in charge of the prosecution.
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Boston Man Pleads Guilty to Illegally Possessing FirearmsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Keon Shine, 27, of Boston, Massachusetts, pled guilty yesterday in U.S. District Court to being a felon in possession of firearms.
According to court records, on April 8, 2017, Shine and Dane Mitchell travelled to Gray, Maine, where they rented firearms, purchased ammunition, and fired the weapons at a shooting range. Boston Police Department officers identified Shine, Mitchell and the shooting range from videos that were uploaded to Snapchat. Shine was prohibited from possessing firearms as a result of his three 2011 Massachusetts felony convictions for assault and battery with a dangerous weapon.
Mitchell pled guilty to the same charge on August 30, 2017.
Both Shine and Mitchell face up to 10 years in prison and a $250,000 fine. They will be sentenced after the completion of presentence investigation reports by the U.S. Probation Office.
The case was investigated jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Boston Police Department’s Youth Violence Strike Force.
Boston Gang Member Pleads Guilty to Cocaine DistributionRead the Press Release
BOSTON – An individual identified as a member of the Orchard Park Trailblazers Gang pleaded guilty today in federal court in Boston to selling crack cocaine in and around Roxbury’s Orchard Gardens Housing Development.
Raymond Gaines, a/k/a “Hops,” 38, of Boston, pleaded guilty to one count of distribution of cocaine base within 1,000 feet of a school. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Feb. 28, 2018.
On June 21, 2016, Gaines sold cocaine base to a cooperating witness near a school in Roxbury. Gaines is one of 12 defendants arrested and charged in June 2017 following a nearly two-year investigation into the high concentration of crime in and around the Orchard Gardens Development, the largest publically funded housing development in Roxbury, which is also adjacent to area schools and Dudley Square. According to court documents, the crime stems, in part, from the illegal activities of the members and associates of the Orchard Park Trailblazers, who allegedly have active feuds with rival gangs throughout the city that have produced numerous crimes of violence.
The charge of distribution of a controlled substance within 1,000 feet of a school provides for a mandatory minimum sentence of one year and no greater than 40 years in prison, a minimum of six years and up to a lifetime of supervised release and a fine of up to $2 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner William Evans made the announcement today.
Beam Bros. Trucking, Inc., Beam Bros. Holding Company and Executives Sentenced on Federal Conspiracy ChargesRead the Press Release
Harrisonburg, VIRGINIA – A Mount Crawford based trucking company that formerly hauled United States mail and it holding company, as well as four of its most senior officers, the President, Vice-President, Chief Financial Officer and Chief Operating Officer, were all sentenced this week in the United States District Court for the Western District of Virginia in Harrisonburg for conspiring to commit Federal crimes, United States Attorney Rick A. Mountcastle announced.
Beam Bros. Trucking, Inc. (Beam Trucking) and Beam Bros. Holding Corporation (Beam Holding) were jointly sentenced by the court to forfeit to the government $2,000,000 of fraudulently obtained proceeds. They were also sentenced to pay approximately $1,000,000 in restitution to drivers who were defrauded of their pay. In addition, these companies were sentenced to serve 3 years of corporate probation and to pay a fine of $250,000 to the government.
Beam Holding previously pled guilty to conspiracy to commit wire fraud in that the company knowingly and willfully defrauded its driver employees of almost $1,000,000 dollars of their pay. In specific, Beam Holding caused their driver employees to falsify their time sheets so that they would report fewer hours worked than they actually worked in direct violation of the Fair Labor Standards Act and the McNamara-O’Hara Service Contract Act.
Beam Trucking previously pled guilty to conspiracy to falsify safety records and pay records in that the company falsely reported the hours their truck driver employees worked and were on duty with intent to obstruct the government’s investigation. In specific, Beam Trucking conspired to falsify drivers’ records of duty status and their time sheets.
Beam Trucking and Beam Holding President, Gerald Wayne Beam and Vice President, Garland Crawford Beam were each sentenced to serve six months of home confinement followed by two years of supervised release. Beam Trucking Chief Operations Officer, Shaun Crawford Beam and Chief Financial Officer, Nickolas Gene Kozel were each sentenced to serve three months of home confinement followed by two years of supervised release. Each of these officers previously pled guilty to conspiring to commit an offense against the United States in that they knowingly violated the Federal Motor Carrier Safety Administration (FMCSA) highway safety regulations. The FMCSA highway safety regulations are designed to protect the driving public and truck drivers from injury or death caused by truck crashes resulting from driver fatigue.
According to evidence presented during the sentencing hearings by Assistant United States Attorneys Stephen J. Pfleger and Christopher Kavanaugh, between 1999 and 2017 the leaders of the conspiracy, Gerald Wayne Beam, Garland Crawford Beam and Shaun Crawford Beam created routes and then instructed Beam Trucking drivers to drive routes that were grossly illegal. Beam Trucking drivers were instructed to drive routes that were so long that they barely got any sleep between trips for weeks at a time over a course of years. Drivers became so fatigued that they could hardly stay awake. On a number of occasions, Beam Bros. drivers were so fatigued that they barely avoided crashes when they momentarily fell asleep while driving trucks on public highways. One driver was so fatigued that he took drugs (“Bath Salts”) every few hours to stay awake. After three months of taking drugs, the driver found during one of his trips that he could no longer physically drive a truck and had to call for a medical rescue.
The investigation of the case was conducted by Special Agents Sean Baer and Art Stevens, from the U.S. Postal Service, Office of the Inspector General, Special Agent Amanda Yarborough from the Department of Transportation-Office of the Inspector General, Special Agent Joseph Harrilla from the Department of Labor-Office of the Inspector General and Special Agent James D. Havrilla from the Internal Revenue Service-Criminal Investigations. Assistant United States Attorney Stephen J. Pfleger and Christopher Kavanaugh prosecuted the case for the United States with the assistance of legal assistants Gina Palmero, Kathleen Mensinger, Diane Fitzgerald, Susan Bentley and litigation specialist, Mary Vogt.
Bank Robber Who Shot Customer Sentenced to 18 Years in PrisonRead the Press Release
Spokane – Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced today that Don Charles Owens, age 35, of Elma, Washington was sentenced by Chief United States District Judge Thomas O. Rice to 18 years in prison for Armed Bank Robbery and Discharge of a Firearm During a Crime of Violence. Owens plead guilty to these offenses on August 31, 2017.
According to information disclosed during court proceedings, Owens robbed a branch of Wells Fargo Bank in Spokane, Washington on April 28, 2016. Owens entered the bank shortly before 6:00 p.m. wearing a black ski mask and announced he was robbing the bank. Owens ordered the bank customers to the ground and demanded money from the bank’s customer service representatives, who complied with his directions. As he attempted to flee the bank, a customer moved to stop Owens and struggled with him. Owens produced a handgun and shot the customer twice. Owens then fled the bank leaving behind the black ski mask that the customer had pulled off Owens’ during the struggle.
Numerous law enforcement officers responded to the bank robbery, but found no trace of Owens. The Federal Bureau of Investigation later submitted Owens’ black ski mask to the Washington State Patrol crime laboratory for testing. A forensic scientist at the Washington State Patrol crime laboratory recovered DNA from the ski mask and matched the DNA from the ski mask to Owens’ DNA on file in a law enforcement DNA index.
Joseph H. Harrington stated: “Owens entered the bank armed with a loaded handgun and he was prepared to rob the bank at any cost with no regard for the lives and safety of the bank’s customers or employees. I commend the Spokane Police Department and the FBI for their tenacious resolve in the successful investigation of this case. The sentence that Chief Judge Rice handed down today sends a strong message that egregious conduct, like that exhibited by Owens, will not be tolerated in the Eastern District of Washington and will result in a lengthy sentence intended to punish the offender and protect the community.”
The case was investigated by the Federal Bureau of Investigation and the Spokane Police Department. The case was prosecuted by James A. Goeke, an Assistant United States Attorney for the Eastern District of Washington.
Attorney General Sessions Statement on the Verdict in People of the State of California vs. Jose Ines Garcia Zarate aka Juan Francisco Lopez SanchezRead the Press Release
“When jurisdictions choose to return criminal aliens to the streets rather than turning them over to federal immigration authorities, they put the public’s safety at risk. San Francisco’s decision to protect criminal aliens led to the preventable and heartbreaking death of Kate Steinle. While the State of California sought a murder charge for the man who caused Ms. Steinle’s death—a man who would not have been on the streets of San Francisco if the city simply honored an ICE detainer—the people ultimately convicted him of felon in possession of a firearm. The Department of Justice will continue to ensure that all jurisdictions place the safety and security of their communities above the convenience of criminal aliens. I urge the leaders of the nation’s communities to reflect on the outcome of this case and consider carefully the harm they are doing to their citizens by refusing to cooperate with federal law enforcement officers.”
Arizona United States Attorney’s Office Establishes Task Force to Combat Heroin and Opioid TraffickingRead the Press Release
PHOENIX - The U.S. Attorney’s Office for the District of Arizona has formed an Opioid Task Force to combat the serious opioid, heroin, and fentanyl crisis in Arizona. The Task Force includes include federal, state, local, and tribal law enforcement officers and prosecutors and will be managed by Phoenix Criminal Division Chief Raymond K. Woo, who has been designated as the District’s Opioid Coordinator. Criminal Chief Woo will be responsible for developing, implementing, and coordinating a robust prosecution response to this crisis. He has already assembled committees of experienced federal and state prosecutors to assist law enforcement with the prosecution of transnational criminal organizations that smuggle heroin and opioids into the United States, medical professionals who unlawfully prescribe or divert highly addictive opioids, cyber criminals who distribute heroin and illicit opioids through the darknet, and drug traffickers or persons who are criminally responsible for opioid overdose deaths.
Elizabeth A. Strange, First Assistant U.S. Attorney, stated, “It is critical that we also support our smaller law enforcement agencies and communities when addressing this horrific crisis. This epidemic affects every corner of our state, and we must join forces with our tribal and local law enforcement partners to successfully combat this crisis.”
The USAO’s Opioid Task Force was created in response to President Donald J. Trump’s designation of the opioid epidemic as a “national health emergency” and to directives from Attorney General Jefferson B. Sessions, who has made combating the opioid epidemic a top priority for the Department of Justice. Earlier this year, Attorney General Sessions formed an Opioid Fraud and Abuse Detection Unit to focus on identifying and prosecuting health care fraud related to prescription opioids and funded twelve experienced federal prosecutors to focus on these types of fraud. As Attorney General Sessions stated, “[t]he Department is determined to attack this opioid epidemic,” and this Task Force is on the forefront of that effort for Arizona.
RELEASE NUMBER: 2017-117_ Opioid_TF
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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.
Albuquerque Man Pleads Guilty to Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Jonathan James, 44, of Albuquerque, N.M., pled guilty today in federal court to violating the Sex Offender Registration and Notification Act (SORNA).
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
James was arrested on Aug. 25, 2017, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. According to the complaint, James was convicted in Nov. 2005, of sexual abuse of a minor in Indian Country, and was sentenced to 121 months in prison. According to court documents, James violated the conditions of his supervised release after completing his prison sentence when he repeatedly failed to notify his probation officer to any change in residence or employment.
James subsequently was charged by indictment on Sept. 21, 2017, with violating SORNA by failing to update his sex offender registration in Bernalillo County, N.M., between June 2017 and Aug. 2017.
During today’s proceedings, James pled guilty to a felony information charging him with failing to update his sex offender registration between June 2017 and Aug. 2017, in Bernalillo County. James entered the guilty plea without the benefit of a plea agreement. At sentencing, James faces a maximum penalty of ten years in federal prison followed by a minimum of five years to a lifetime of supervised release. James will also be required to register as a sex offender when he completes his prison sentence pursuant to his previous sexual abuse conviction. James remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the U.S. Marshals Service and was prosecuted by Special Assistant U.S. Attorney Lucy Solimon.
Abogado de Inmigración Se Declara Culpable por Haber Cometido Delitos de Fraude y Robo de Identidad en Relación con Solicitudes de VisaRead the Press Release
Un abogado de inmigración de Indianápolis, Indiana se declaró culpable de estafar al Servicio de Ciudadanía e Inmigración de Estados Unidos (USCIS) y a más de 250 de sus clientes al presentar solicitudes de visa falsas y percibir aproximadamente $750,000 en honorarios fraudulentos.
El Fiscal General Jeff Sessions, El Fiscal General Auxiliar en funciones, Lic. John P. Cronan de la División Penal del Departamento de Justicia, y el agente especial encargado del caso, James M. Gibbons de la Oficina de Investigaciones del Servicio de Inmigración y Control de Aduanas de los Estados Unidos (ICE-HSI) en Chicago, hicieron el anuncio.
El abogado de inmigración de Indianápolis, el Lic. Joel Paul, de 45 años de edad, con domicilio en Fishers, Indiana se declaró culpable ante la Jueza de Distrito de los Estados Unidos Jane E. Magnus-Stinson del Distrito Sur de Indiana en respuesta a una querella en la que se le imputa un cargo de fraude por correo, un cargo de fraude de documentos de inmigración y un cargo de robo de identidad con agravantes en relación con un esquema para presentar las solicitudes de visa U fraudulentas. La imposición de la condena ha sido programada para principios de 2018 ante la Jueza de Distrito de los Estados Unidos Magnus-Stinson.
“Las personas que cometen fraude de inmigración socavan y abusan de nuestro sistema generoso de migración—un sistema que admite legalmente más inmigrantes que ningún otro país del mundo—y ponen en peligro nuestra seguridad pública y seguridad nacional”, dijo el Fiscal General Jeff Sessions. “El Presidente Trump les prometió a los votantes que encaminaría de nuevo a este país hacia un sistema lícito de inmigración, y este Departamento de Justicia se compromete a cumplir con esta promesa al acabar con el fraude y los abusos. No toleraremos el fraude a ningún nivel, y haremos responder ante la justicia a los que realizan actos de fraude.”
Conforme al acuerdo de declaración de culpabilidad, el Lic. Paul admitió que desde el año 2013 hasta el 2017, él presentó más de 250 solicitudes falsas de Permiso Anticipado para Ingresar como no Inmigrante en nombre de sus clientes y sin contar con el conocimiento de los mismos. Dichas solicitudes indicaban falsamente que los clientes del Lic. Paul habían sido víctimas de un delito y que habían proporcionado asistencia sustancial a las autoridades del orden público en la investigación del delito. Con aproximadamente 200 de las solicitudes falsas, el Lic. Paul presentó copias no autorizadas de una certificación que él había obtenido de la Fiscalía de los EE. UU. (USAO) para el Distrito Sur de Indiana en 2013, usando dicha certificación sin el conocimiento de la USAO para afirmar falsamente que el solicitante había proporcionado asistencia sustancial en un procesamiento penal. En total, el Lic. Paul les cobró a sus clientes aproximadamente $3,000 por solicitud.
La HSI investigó el caso y los abogados de litigios, Lic. Molly Gaston, Lic. Peter M. Nothstein y Lic. Amanda Vaughn de la Sección de Integridad Pública de la División Penal del Departamento de Justicia están procesando el caso.
Las personas que crean que hayan sido víctimas de estos delitos o que tengan información sobre estos delitos pueden contactar al Departamento de Justicia llamando al (202) 514-1412.
Wednesday 29 November 2017
Woman Sentenced for Robbery and Firearm Offenses in Eastern North CarolinaRead the Press Release
RALEIGH – The United States Attorney’s Office for the Eastern District of North Carolina announced that today in federal court, Chief United States District Judge James C. Dever, III sentenced KINDRA DENISE ARNOLD, 45, of Warsaw, NC to 74 months of imprisonment followed by 5 years of supervised release.
ARNOLD was named in a two-count Criminal Information filed on April 11, 2017. On May 22, 2017, ARNOLD subsequently pled guilty to one-count of Interference with Commerce by Robbery and Aiding and Abetting and one-count of Brandishing a Firearm in Furtherance of a Crime of Violence.
Between August 24, 2015, and May 15, 2016, a series of armed robberies occurred in the Eastern District of North Carolina and elsewhere. A total of seven robberies were conducted by various participants including ARNOLD. She was the driver for all seven robberies. ARNOLD drove co-conspirators to the, various stores including the U.S. Cellular Stores Beulaville, Kenansville, and Snow Hill. The Kenansville location was robbed on two separate occasions. ARNOLD pleaded guilty to the May 15, 2016 robbery.
This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
The Lenoir County Sheriff’s Office, the Kenansville Police Department, the Duplin County Sheriff’s Office, the Snow Hill Police Department, the Kinston Police Department, the New Bern Police Department, and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) conducted the criminal investigation of this case. Assistant United States Attorneys S. Katherine Burnette handled the prosecution of this case for the government.
University of Vermont Medical Center Agrees to Resolve Joint Investigation by United States Attorney’s Office and Department of Health and Human Services into Complaints of Ineffective Communication with Individuals who are DeafRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that it has resolved its investigation into complaints that UVMMC personnel failed to effectively communicate with two individuals who are deaf during medical visits. This agreement resolves the allegations that UVMMC violated the Americans with Disabilities Act (ADA) and Section 1557 of the Patient Protection and Affordable Care Act (ACA) during these encounters. The matter was jointly handled by United States Attorney’s Office and the Department of Health and Human Services (HHS).
The complaints were brought to the attention of the United States by Vermont Legal Aid. These complaints are being resolved contemporaneously with similar complaints made to the Vermont Human Rights Commission (VHRC). UVMMC, VHRC, and Vermont Legal Aid have worked collaboratively with the U.S. Attorney’s Office and HHS to resolve the issues raised by the complaints.
“Being able to communicate effectively with medical providers is fundamental to meaningfully accessing health care,” said U.S. Attorney Christina E. Nolan. “This resolution agreement demonstrates our office’s commitment to protecting the civil rights of all Vermonters and visitors to our state, including those who are deaf or hard of hearing.”
“We strive to provide all of our patients with the highest quality of care, but unfortunately we did not meet that goal in these cases,” said Eileen Whalen, RN, MHA, president and chief operating officer of the University of Vermont Medical Center. “We have taken many steps to strengthen our interpreter services including hiring an Interpreter Services Coordinator, educating staff on the resources we have and how to use them, and upgrading our remote interpretation technology. We’ll continue to seek out opportunities to strengthen our services and policies regarding the treatment of Deaf patients, and maintain the involvement of our patient and family advisors who have provided valuable guidance in this area.”
Pursuant to the resolution agreement, UVMMC will timely provide qualified interpreters when necessary to ensure effective communication with patients and companions; institute a grievance procedure; provide comprehensive training to its personnel on effective communication; and designate a program administrator to coordinate access to auxiliary aids and services 24/7. For approximately two years, UVMMC will provide the United States with reports documenting its compliance with the agreement.
Assistant United States Attorneys Nikolas P. Kerest and Jules Torti jointly handled this matter for the United States Attorney’s Office for the District of Vermont. Erika Smart, Assistant General Counsel for UVMMC, handled this matter on behalf of UVMMC.
For more information on the ADA, visit http://www.ada.gov or call the Justice Department’s toll-free ADA information Line at contact the ADA Information Line at 800-514-0301 (voice) 800-514-0383 (TTY).
US Extradites Former Salvadoran Military Officer to Spain to Face Charges for Participation in 1989 Jesuit MassacreRead the Press Release
The United States today extradited Inocente Orlando Montano Morales, a former colonel in the Salvadoran army, to stand trial in Spain for charges related to the murder of five Spanish Jesuit priests in El Salvador in 1989. This is one of the first top-ranking Salvadoran commanders to face criminal prosecution.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Robert J. Higdon Jr. of the Eastern District of North Carolina, Acting U.S. Attorney William D. Weinreb for the District of Massachusetts, and Deputy Director Thomas D. Homan of U.S. Immigration and Customs Enforcement (ICE) made the announcement.
Inocente Orlando Montano Morales, 74, formerly of Everett, Massachusetts, and 19 other former Salvadoran military officials were indicted in Spain for the 1989 murders of five Spanish Jesuit priests during the 10-year Salvadoran civil conflict. An arrest warrant for Montano was issued in March 2011 by a Spanish magistrate judge.
“Criminals and those lawfully charged with criminal offenses overseas should not be able to find safe haven in the United States,” said Acting Assistant Attorney General Cronan. “Today’s extradition demonstrates our firm commitment to honoring our obligations under extradition treaties. As a result, an alleged human-rights violator will now face justice in Spain.”
“This extradition, and the investigation and prosecution that preceded it, marks the culmination of longstanding and significant collaboration among HSI Boston, ICE’s Human Rights Violators and War Crimes Center, the U.S. Attorney’s Offices in Boston and Raleigh, and DOJ’s Office of International Affairs,” said ICE Deputy Director Homan. “We are grateful for the support of our law enforcement partners, DOJ, and our Department of State colleagues to ensure that Montano will face justice in Spain for his crimes and will not find safe haven in the United States.”
In response to the government of Spain’s request pursuant to the extradition treaty between the United States and Spain, the U.S. Department of Justice filed a complaint in the U.S. District Court for the Eastern District of North Carolina in April 2015 seeking Montano’s extradition to Spain. According to the complaint, between 1980 and 1991, El Salvador was engulfed in a civil conflict between the military-led government and the Farabundo Martí National Liberation Front (FMLN). During this conflict, in the early morning hours of Nov. 16, 1989, members of the Salvadoran military allegedly murdered six Jesuit priests, their housekeeper, and the housekeeper’s 16-year old daughter at the Universidad Centroamericana. Five of the Jesuit priests were Spanish nationals, and the remaining victims were from El Salvador.
At the time, Montano was a colonel in the Salvadoran army, and he also served as Vice Minister of Defense and Public Safety. The complaint alleges that he shared oversight responsibility over a government radio station that, days before the massacre, issued threats urging the murder of the Jesuit priests. The day before the murders, Montano also allegedly participated in a series of meetings during which one of his fellow officers gave the order to kill the leader of the Jesuits and leave no witnesses. The following day, members of the Salvadoran army allegedly executed the six priests, their housekeeper, and the housekeeper’s daughter.
On Feb. 4, 2016, a U.S. magistrate judge in the Eastern District of North Carolina ruled that Montano could be extradited to Spain to stand trial for charges stemming from his participation in the murder of the five Spanish Jesuit priests. In August 2017, the federal district court in the Eastern District of North Carolina dismissed Montano’s habeas corpus petition challenging the magistrate judge’s ruling. Montano unsuccessfully sought a stay of his extradition in the Eastern District of North Carolina, the U.S. Court of Appeals for the Fourth Circuit, and the U.S. Supreme Court. On Oct. 20, the U.S. Department of State issued an order granting Montano’s surrender to Spain.
Montano’s extradition follows his 21-month federal prison sentence in the United States for his 2013 conviction in the District of Massachusetts for immigration fraud and perjury in connection with false statements that he made to immigration authorities to remain in the United States. Montano served his prison sentence in North Carolina, which is where his extradition proceedings took place.
His criminal conviction stemmed from false statements Montano made to obtain Temporary Protective Status (TPS), a benefit available to foreign nationals, permitting them to remain in the United States if they are unable to safely return to their home country because of ongoing armed conflict, the temporary effects of an environmental disaster, or other extraordinary and temporary conditions. In 2002, Montano was present in the United States and, on several occasions thereafter, applied for and obtained TPS. On his applications, Montano falsified the date on which he entered the country because he knew that if he stated the actual date, he would have been ineligible for TPS.
The allegations contained in the Spanish extradition request are merely accusations, and any finding of guilt or innocence will be made by Spanish courts.
The criminal investigation in the United States was conducted by ICE’s Homeland Security Investigations with support from the Human Rights Violators and War Crimes Center. The extradition proceedings were handled by attorneys from the U.S. Attorney’s Office for the Eastern District of North Carolina, the District of Massachusetts, and the Office of International Affairs.
U.S. Attorney's Office and DEA Launch Opioid Abuse Prevention Public Awareness CampaignRead the Press Release
BOSTON – Acting United States Attorney William D. Weinreb spoke with members of the media today about Monday’s launch of a state-wide opioid abuse prevention campaign. The initiative, which is co-sponsored by the Drug Enforcement Administration’s New England Field Division, seeks to inform the public and spur conversation about the dangers and consequences of abusing, selling and sharing prescription opioids, which has had a devastating impact on families and communities in Massachusetts.
“The goal of this campaign is to remind people about the dangers of abusing, selling and sharing opioids, including prescription pain pills. Misusing prescription drugs is risky and illegal. We must do more to deter people from misusing opioids, and we hope that increasing awareness will help people make better choices – to resist the risk,” said Acting U.S. Attorney William D. Weinreb.
“The DEA believes that a critical component to its role as the nation’s lead drug law enforcement agency is reducing the demand for drugs,” said Drug Enforcement Administration Special Agent in Charge Michael J. Ferguson. “Opioid abuse is rampant in Massachusetts and throughout New England and many times the abuse of prescription opioids is a gateway to heroin and fentanyl addiction. DEA is proud to collaborate with the U.S. Attorney’s Office on this campaign to encourage conversation and raise awareness about the dangers and consequences associated with the abuse of opioids.”
Dubbed #ResistTheRisk, the initiative will blend a multi-media strategy, including the use of print designs - four of which launched Monday on the MBTA’s red and orange subway lines and various MBTA buses, as well as on buses operated by the Southeastern Regional Transit Authority and the Greater Attleboro Taunton Regional Transit Authority. Additionally, as a part of the campaign, the U.S. Attorney’s Office will engage in direct outreach with youth which will be customized to specific needs and requests. The campaign, which will also involve the use of online marketing, will roll out in stages over the next few months.
The campaign messages focus on a range of audiences, from teens, to parents, to caregivers. All are consistent in their goal of arming individuals to make informed decisions and to inspire further discussion about the opioid crisis.
For more information about the campaign, please visit www.justice.gov/usao-ma/ResistTheRisk.
U.S. Attorney Powell applauds Attorney General Sessions and Acting DEA Administrator Patterson announcement about opioid crisisRead the Press Release
WHEELING – U.S. Attorney Bill Powell is applauding the Attorney General’s commitment to the opioid epidemic.
“Today’s announcement shows a true dedication to battling the opioid epidemic. It’s imperative that we continue to get the drugs off our streets, educate children about their deadly effects, and work together to lessen the long-reaching effects of addiction. The new DEA Field office in Kentucky consolidates the Appalachian region and allows for an even more focused effort from the DEA, our drug task forces, and our office. Opioids have taken enough from our state. We must take our communities back,” said U.S. Attorney Powell.
Attorney General Sessions today announced new resources and stepped up efforts to address the drug and opioid crisis.Joined by Acting DEA Administrator Robert Patterson, Attorney General Sessions announced the following efforts during a press conference at the Department of Justice: over $12 million in grant funding to assist law enforcement in combating illegal manufacturing and distribution of methamphetamine, heroin, and prescription opioids; the establishment of a new DEA Field Division in Louisville, Kentucky, which will include Kentucky, Tennessee, and West Virginia, a move meant to better align DEA enforcement efforts within the Appalachian mountain region; and a directive to all U.S. Attorneys to designate an Opioid Coordinator to work closely with prosecutors, and with other federal, state, tribal, and local law enforcement to coordinate and optimize federal opioid prosecutions in every district.
“Today we are facing the worst drug crisis in American history, with one American dying of a drug overdose every nine minutes,” said Attorney General Jeff Sessions. “That’s why, under President Trump’s strong leadership, the Department of Justice has been taking action to make our drug law enforcement efforts more effective. Today we announce three new initiatives to do just that. First, we will invest $12 million in funding for our state and local law enforcement partners to take heroin and methamphetamine off of our streets. Second, we will restructure DEA's Field Divisions for the first time in nearly 20 years. Third, we will require all of our federal prosecutors' offices to designate an Opioid Coordinator who will customize our anti-opioid strategy in every district in America. These steps will make our law enforcement efforts smarter and more effective—and ultimately they will save American lives."
“DEA continually looks for ways to improve operations and interagency cooperation and more efficiently leverage resources,” said Acting DEA Administrator Robert W. Patterson. “By creating a new division in the region, this restructuring places DEA in lockstep with our partners in the area to do just that. This change will produce more effective investigations on heroin, fentanyl, and prescription opioid trafficking, all of which have a significant impact on the region.”
COPS Anti-Heroin Task Force Grants and Anti-Meth Program
The Community Oriented Policing Services (COPS) Office is awarding a total of $7.19 million in FY 2017 funding through the Anti-Heroin Task Force Program (AHTF). AHTF provides two years of funding directly to law enforcement agencies in states with high per capita levels of primary treatment admissions for heroin and other opioids. This funding will support the location or investigation of illicit activities related to the distribution of heroin or the unlawful distribution of prescription opioids.
The COPS Office will also award a total of $5.03 million in FY 2017 funding through the COPS Anti-Methamphetamine Program (CAMP). The state agencies receiving funding today have demonstrated numerous seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures. State agencies will be awarded two years of funding through CAMP to support the investigation of illicit activities related to the manufacture and distribution of methamphetamine.
The complete list of Anti-Heroin Task Force Program (AHTF) award recipients, including funding amounts, can be found here.
The complete list of COPS Anti-Methamphetamine Program (CAMP) award recipients, including funding amounts, can be found here.
Establishment of DEA Louisville Field Division
The DEA will establish the Louisville Field Division – its 22nd division office in the United States – on Jan. 1, 2018. It will include Kentucky, Tennessee, and West Virginia. This action converts the existing Louisville District Office into a field division in an effort to enhance DEA enforcement efforts within the Appalachian mountain region and unify drug trafficking investigations under a single Special Agent in Charge. DEA anticipates that this change will produce more effective investigations on heroin, fentanyl and prescription opioid trafficking, all of which have a significant impact on the region. The division will also better align DEA with the U.S. Attorney’s Office districts in those areas, similar to current ATF and FBI offices, and also to the Appalachia High Intensity Drug Trafficking Areas (HIDTA) Program.
The Louisville Division will be led by Special Agent in Charge D. Christopher Evans, who comes from the Detroit Field Division where he served as Associate Special Agent in Charge.
Designation of Opioid Coordinators
Every U.S. Attorney will designate an Opioid Coordinator by the close of business on Dec. 15, 2017. Each USAO Opioid Coordinator will be responsible for facilitating intake of cases involving prescription opioids, heroin, and fentanyl; convening a task force of federal, state, local, and tribal law enforcement to identify opioid cases for federal prosecution, facilitate interdiction efforts, and tailor their district’s response to the needs of the community it serves; providing legal advice and training to AUSAs regarding the prosecution of opioid offenses; maintaining statistics on the opioid prosecutions in the district; and developing and continually evaluating the effectiveness of the office’s strategy to combat the opioid epidemic.
The Attorney General’s memo to United States Attorneys can be viewed here.
U.S Extradites Former Salvadoran Military Officer to Spain to Face Charges for Participation in 1989 Jesuit MassacreRead the Press Release
WASHINGTON – The United States today extradited Inocente Orlando Montano Morales, a former colonel in the Salvadoran army, to stand trial in Spain for charges related to the murder of five Spanish Jesuit priests in El Salvador in 1989. This is one of the first top-ranking Salvadoran commanders to face criminal prosecution.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Robert J. Higdon Jr. of the Eastern District of North Carolina, Acting U.S. Attorney William D. Weinreb for the District of Massachusetts, and Deputy Director Thomas D. Homan of U.S. Immigration and Customs Enforcement (ICE) made the announcement.
Inocente Orlando Montano Morales, 74, formerly of Everett, Massachusetts, and 19 other former Salvadoran military officials were indicted in Spain for the 1989 murders of five Spanish Jesuit priests during the 10-year Salvadoran civil conflict. An arrest warrant for Montano was issued in March 2011 by a Spanish magistrate judge.
“Criminals and those lawfully charged with criminal offenses overseas should not be able to find safe haven in the United States,” said Acting Assistant Attorney General Cronan. “Today’s extradition demonstrates our firm commitment to honoring our obligations under extradition treaties. As a result, an alleged human-rights violator will now face justice in Spain.”
“This extradition, and the investigation and prosecution that preceded it, marks the culmination of longstanding and significant collaboration among HSI Boston, ICE’s Human Rights Violators and War Crimes Center, the U.S. Attorney’s Offices in Boston and Raleigh, and DOJ’s Office of International Affairs,” said ICE Deputy Director Homan. “We are grateful for the support of our law enforcement partners, DOJ, and our Department of State colleagues to ensure that Montano will face justice in Spain for his crimes and will not find safe haven in the United States.”
In response to the government of Spain’s request pursuant to the extradition treaty between the United States and Spain, the U.S. Department of Justice filed a complaint in the U.S. District Court for the Eastern District of North Carolina in April 2015 seeking Montano’s extradition to Spain. According to the complaint, between 1980 and 1991, El Salvador was engulfed in a civil conflict between the military-led government and the Farabundo Martí National Liberation Front (FMLN). During this conflict, in the early morning hours of Nov. 16, 1989, members of the Salvadoran military allegedly murdered six Jesuit priests, their housekeeper, and the housekeeper’s 16-year old daughter at the Universidad Centroamericana. Five of the Jesuit priests were Spanish nationals, and the remaining victims were from El Salvador.
At the time, Montano was a colonel in the Salvadoran army, and he also served as Vice Minister of Defense and Public Safety. The complaint alleges that he shared oversight responsibility over a government radio station that, days before the massacre, issued threats urging the murder of the Jesuit priests. The day before the murders, Montano also allegedly participated in a series of meetings during which one of his fellow officers gave the order to kill the leader of the Jesuits and leave no witnesses. The following day, members of the Salvadoran army allegedly executed the six priests, their housekeeper, and the housekeeper’s daughter.
On Feb. 4, 2016, a U.S. magistrate judge in the Eastern District of North Carolina ruled that Montano could be extradited to Spain to stand trial for charges stemming from his participation in the murder of the five Spanish Jesuit priests. In August 2017, the federal district court in the Eastern District of North Carolina dismissed Montano’s habeas corpus petition challenging the magistrate judge’s ruling. Montano unsuccessfully sought a stay of his extradition in the Eastern District of North Carolina, the U.S. Court of Appeals for the Fourth Circuit, and the U.S. Supreme Court. On Oct. 20, the U.S. Department of State issued an order granting Montano’s surrender to Spain.
Montano’s extradition follows his 21-month federal prison sentence in the United States for his 2013 conviction in the District of Massachusetts for immigration fraud and perjury in connection with false statements that he made to immigration authorities to remain in the United States. Montano served his prison sentence in North Carolina, which is where his extradition proceedings took place.
His criminal conviction stemmed from false statements Montano made to obtain Temporary Protective Status (TPS), a benefit available to foreign nationals, permitting them to remain in the United States if they are unable to safely return to their home country because of ongoing armed conflict, the temporary effects of an environmental disaster, or other extraordinary and temporary conditions. In 2002, Montano was present in the United States and, on several occasions thereafter, applied for and obtained TPS. On his applications, Montano falsified the date on which he entered the country because he knew that if he stated the actual date, he would have been ineligible for TPS.
The allegations contained in the Spanish extradition request are merely accusations, and any finding of guilt or innocence will be made by Spanish courts.
The criminal investigation in the United States was conducted by ICE’s Homeland Security Investigations with support from the Human Rights Violators and War Crimes Center. The extradition proceedings were handled by attorneys from the U.S. Attorney’s Office for the Eastern District of North Carolina, the District of Massachusetts, and the Office of International Affairs.
Two Eagle Butte Individuals Indicted on Methamphetamine ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, individuals have been indicted by a federal grand jury for conspiracy to distribute a controlled substance and distribution of a controlled substance (methamphetamine).
Nolan Clown, age 32, and Misti Traversie, age 36, were indicted on November 14, 2017. They appeared before U.S. Magistrate Judge Mark A. Moreno on November 21, 2017 and both pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between August 24, 2016, and November 14, 2017, Clown and Traversie knowingly and intentionally combined, conspired, confederated and agreed with other persons to knowingly and intentionally distribute and to possess with the intent to distribute methamphetamine. The Indictment further alleges that Clown and Traversie actually distributed methamphetamine to another individual on August 24 and September 8, 2016.
The charges are merely accusations and Clown and Traversie are presumed innocent until and unless proven guilty.
This case is being investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Clown and Traversie were both released on conditions pending trial. A trial date has not been set.
Two Brooklyn Men Charged in Violent Extortion SchemeRead the Press Release
A criminal complaint was unsealed today in federal court in the Eastern District of New York charging Ruslan Reizin and Mark Krivoi with extortion conspiracy. The charges stem from the defendants’ alleged extortion and violent assault of a teenage victim who started an awning-cleaning business in Brooklyn that competed with a similar business operated by Reizin. Reizin was arrested last night and Krivoi was arrested earlier today and will make their initial appearances this afternoon before United States Chief Magistrate Judge Roanne L. Mann.
Bridget M. Rohde, Acting 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), Leon Hayward, Acting Director, New York Field Office, U.S. Customs and Border Protection (CBP), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.
“As alleged, the defendants sought to eliminate a business competitor by beating and intimidating him; they also lined their pockets with thousands of dollars in extortionate payments,” stated Acting United States Attorney Rohde. “This is no way to ensure a competitive edge. We will not abide this method of trying to assure a competitive edge.”
“This case illustrates a text book extortion, the suspects allegedly threatening violence because the victim decided to open his own business,” stated FBI Assistant Director-in-Charge Sweeney. “Our country thrives on a free market, and the ability of people to go out and start their own company is part of the American dream. The FBI and our law enforcement partners will always pursue those who think to bully others into submission, and threaten free commerce.”
“U.S. Customs and Border Protection is proud of the expertise we provide in support of investigations that result in the takedown of criminal enterprises,” said CBP Acting Director Hayward. “It is through interagency partnerships and collaborative efforts, like the one leading to today’s arrests, that law enforcement successfully combats today’s criminal organizations.”
According to the criminal complaint and other court filings, in May 2017, Reizin learned that the victim—who formerly worked for Reizin’s awning-cleaning company—had started a similar business in Brooklyn. Reizin and Krivoi brought the victim to a secluded location in Sheepshead Bay where Reizin allegedly grabbed the victim by the throat, brandished a knife and gave him the choice of having his ear cut off or his throat slashed. Krivoi allegedly suggested that they should kill the victim. Reizin then demanded that the victim shut down his business and pay $10,000 to Reizin and a local motorcycle club to which Reizin belongs, and which Reizin claimed supported the extortion. When the victim replied that he could not afford to pay, Reizin instructed Krivoi to hit the victim, which Krivoi did, repeatedly. Reizin then offered the victim a “discount,” requiring him to pay $5,000 in monthly installments. Reizin also told the victim that he and his family would suffer if the victim reported the assault to law enforcement. Over the next several months, the victim made regular payments to Reizin. During that period, in a recorded call with the victim, Reizin spoke about “cut[ting] out” the ear of one of the victim’s family members and “forc[ing him] to chew and swallow it.”
The charges contained in the complaint are merely allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants face up to 20 years’ imprisonment.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Andrey Spektor and Matthew J. Jacobs are in charge of the prosecution.
The Defendants:
RUSLAN REIZIN
Age: 50
Brooklyn, New YorkMARK KRIVOI
Age: 54
Brooklyn, New YorkE.D.N.Y. Docket No. 17-MJ-1013
Tuscaloosa Man Sentenced to 20 Years in Prison for Hostage-Taking Bank RobberyRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Tuscaloosa man to 20 years in prison for the January robbery and hostage-taking at a Tuscaloosa credit union, announced U.S. Attorney Jay Town and FBI Special Agent in Charge Johnnie Sharp Jr.
CEDRICK LAMAR COLLINS, 19, pleaded guilty in August to one count of robbing a federally insured bank, the Alabama Credit Union, and to one count of taking hostages during the commission of the bank robbery. U.S. District Court Judge L. Scott Coogler sentenced Collins and ordered him to serve five years of supervised release following his prison term.
“This defendant threatened and endangered the lives of 10 people as he put them between himself and armed police,” Town said. “The SWAT teams from the Tuscaloosa Police and Tuscaloosa Sheriff’s departments did a superb job of stopping the bank robbery, arresting the robber, and recovering all the hostages unharmed.”
“Thanks to the outstanding efforts of the Tuscaloosa Sheriff’s Office and the Tuscaloosa Police Department, this potentially deadly situation was resolved without injury,” Sharp said. “The sentence handed down today will give Collins plenty of time to reflect on his dangerous actions.”
One of the bank employees taken hostage during the robbery testified at today’s hearing about how Collins put them all in fear for their lives. During the ordeal, Collins moved the hostages throughout the building, brandishing his gun and, at one point, holding it to her head, she testified.
Collins robbed the Alabama Credit Union on Jan. 17. According to court records, the University of Alabama Police Department received a call concerning suspicious activity at the credit union. As SWAT teams from the Tuscaloosa Police Department and Tuscaloosa Sheriff’s Department arrived on the scene, Collins had taken a number of bank employees hostage after demanding money. Officers attempted to enter the bank and encountered Collins in the stairwell with a hostage in front of him. Collins threatened to start shooting unless law enforcement moved back. Officers later entered the bank and safely secured Collins, without any hostages being injured. The handgun Collins held was found to be a BB gun.
The FBI investigated the case, which Assistant U.S. Attorney Brad Felton prosecuted.
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Texas Mexican Mafia Member Sentenced to Federal Prison for Role in Death of Balcones Heights Police Officer Julian PesinaRead the Press Release
In San Antonio today, United States District Judge Xavier Rodriguez sentenced former Texas Mexican Mafia (TMM) Sergeant Jerry Idrogo to 20 years in federal prison followed by five years of supervised release for his role in the murder of Balcones Heights Police Officer Julian Pesina in 2014.
United States Attorney Richard L. Durbin, Jr.; Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division; Texas Department of Public Safety Director Steve McCraw; and, San Antonio Police Chief William McManus made that announcement this afternoon.
On August 11, 2016, Idrogo, age 37, pleaded guilty to a racketeering conspiracy charge that included Pesina’s murder. Another TMM member, Ruben Reyes, previously pleaded guilty to similar charges that included this murder and four others. Reyes is currently serving five consecutive life-imprisonment sentences. Earlier this month, a federal jury convicted two other TMM members, 29-year-old Jesse Santibanez and 36-year-old Alfredo Cardona of one count of murder in aid of racketeering and one count of discharging a firearm during a murder in aid of racketeering.
Evidence presented during trial revealed that acting upon an order by Reyes, Santibanez and Cardona murdered Pesina on May 4, 2014, in front of his business, the Notorious Ink Tattoo and Piercing Studio, located on Hillcrest Drive.
Testimony during trial revealed that Pesina had claimed membership in the TMM, was selling narcotics and paying the “dime” (the 10% street tax) to the TMM, when the TMM learned that Pesina was a Balcones Heights Police Officer. On May 4, 2014, Idrogo contacted Pesina and arranged for pickup of the “dime” outside of Pesina’s tattoo shop. Just before meeting Pesina, Idrogo dropped off Santibanez and Cardona on the side of the building. Once Pesina walked up to the car and handed Idrogo the “dime” payment money, Santibanez and Cardona came around the corner and shot and killed Pesina.
All of the defendants remain in federal custody. Santibanez and Cardona each face a minimum mandatory sentence of life in federal prison. Sentencing is scheduled for February 8, 2018, before Judge Rodriguez.
The FBI together with the Texas Department of Public Safety, the San Antonio Police Department and the Bexar County Sheriff’s Office investigated this case.
Syracuse Man Arrested, Charged with Threatening Death Against A New York Congressman and His FamilyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Patrick D. Angelo, 28, of Syracuse, NY, was arrested and charged by criminal complaint with interstate communication of a threat, and threatening a federal official. The charges carry a maximum penalty of 10 years in prison, a $250,000 fine, or both.
According to Assistant U.S. Attorney Craig R. Gestring of the U.S. Attorney’s Office for the Western District of New York in Rochester, the criminal complaint alleges that on Thursday, October 19, 2017, the Washington D.C. office of New York Congressman John Katko received a threatening voice mail that included a death threat to the Congressman and his family.
The message stated: “Listen Mr. Katko, if you support net neutrality, I will support you. But if you don’t support net neutrality, I will find you and your family and I will kill…you…all. Do you understand?” The message continued: “I will literally find all…of…you and your progeny and t- just wipe you from the face of the earth. Net neutrality is more important than the defense of the United States. Net neutrality is more important than free speech. Net neutrality is more important than health care. Net neutrality is literally the basis of the new society. That even if you don’t understand, how important it is, net neutrality is literally the basis of the new…free…society. So if you don’t support it, I am willing to lay down my li- (recording ends).”
Congressman Katko’s office reported the voicemail to the United States Capitol Police, Threat Assessment Section, which began an investigation in coordination with the Federal Bureau of Investigation. The telephone number that the call originated from traced back to the defendant.
“While citizens are certainly entitled to communicate their views on issues of importance to them to their elected officials, there are and must be bounds to the manner in which such views may be expressed, said U.S. Attorney Kennedy. “We will respond aggressively to those who overstep those bounds and seek to influence the making of Federal policies and legislation by making threats to the lives of those entrusted with such tasks and their families.”
As a result of the threat, security surrounding Congressman Katko was increased. Since Congressman Katko formerly served as an Assistant U.S. Attorney in the Northern District of New York, that Office was recused, and the case is being prosecuted by the United States Attorney’s Office for the Western District of New York.
Angelo made an initial appearance this afternoon before U.S. Magistrate Judge Therese Wiley Dancks and is being held pending a detention hearing on December 1, 2017 at 2:00 p.m.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Vadim Thomas, Special Agent-in-Charge, Albany Office, the New York State Police, under the Major Philip T. Rougeux, and the United States Capitol Police, under the direction of Matthew R. Verderosa.
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.
St. Joseph Man Sentenced for Child PornographyRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a St. Joseph, Mo., man was sentenced in federal court today for attempting to distribute child pornography over the Internet.
Jesse James Gaudette, 40, of St. Joseph, was sentenced by U.S. District Judge Brian C. Wimes to seven years and six months in federal prison without parole. The court also sentenced Gaudette to 10 years of supervised release following incarceration.
On June 6, 2017, Gaudette pleaded guilty to attempting to distribute child pornography over the Internet.
An undercover law enforcement officer in New Haven, Conn., identified Gaudette’s computer utilizing a peer-to-peer file-sharing network. The officer, working undercover, observed Gaudette sharing videos and images of child pornography. According to court documents, officers downloaded at least 109 movie files from Gaudette’s computer on three separate occasions, including movies that were particularly graphic and involved child victims who were very young.
Federal agents executed a search warrant at Gaudette’s residence and seized electronic media. The examination of Gaudette’s electronic media established that Gaudette had no less than 50 videos containing child pornography.
This case was prosecuted by Assistant U.S. Attorney Catherine A. Connelly. It was investigated by the FBI.Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Springfield Man Sentenced to 40 Years for Sexual Exploitation of a MinorRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Springfield, Mo., man was sentenced in federal court today for enticing a minor to engage in illicit sexual activity and producing child pornography.
Michael William Brooks, Sr., 45, of Springfield, was sentenced by U.S. District Judge Beth Phillips to 40 years in federal prison without parole.
On March 15, 2017, Brooks pleaded guilty to one count of enticing a minor for the purpose of producing child pornography and one count of enticing a minor to engage in illicit sexual activity.
Law enforcement officers were notified of an emergency hotline call in December 2015 that reported Brooks was sexually abusing a 15-year-old victim, identified in court documents as “Jane Doe.” Investigators examined Brooks’s phone in January 2016 and found multiple pornographic images of Jane Doe. More than 200 text messages between Brooks and Jane Doe also were located, in which Brooks discussed having sexual intercourse with Jane Doe.
Brooks admitted that he had sexual intercourse with Jane Doe beginning in August 2015. Brooks also admitted he took the sexually explicit pictures of Jane Doe using his cell phone.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI, the Lawrence County, Mo., Sheriff’s Department, and the Springfield, Mo., Police Department.Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Springfield Man Sentenced for Illegal Firearm Following High-speed Motorcycle ChaseRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Springfield, Mo., man who led officers on a high-speed pursuit on a stolen motorcycle at speeds up to 125 miles per hour across three counties was sentenced in federal court today for illegally possessing a firearm.
Matthew Levi Woodward, 39, of Springfield, was sentenced by U.S. District Judge Beth Phillips to seven years and two months in federal prison without parole.
On Sept. 6, 2017, Woodward pleaded guilty to being a felon in possession of a firearm. Woodward admitted that he was in possession of a Heritage Rough Ride .22-caliber magnum revolver with an obliterated serial number when he was arrested on Dec. 1, 2016.
A Billlings, Mo., police officer observed Woodward traveling 72 miles per hour in a 45-miles-per-hour zone at approximately 12:28 a.m. on Dec. 1, 2016. The officer attempted to stop the motorcycle, but Woodward increased his speed and began driving erratically in an attempt to elude the officer. The motorcycle was traveling at speeds in excess of 100 miles per hour. As the motorcycle entered a different jurisdiction, additional law enforcement officers joined in the pursuit. As the motorcycle traveled through Lawrence County, Mo., Woodward operated the motorcycle at speeds between 114 and 125 miles per hour. Law enforcement officers also observed the motorcycle drive into opposite lanes of traffic and make several dangerous passes while eluding officers.
Lawrence County deputies discontinued their pursuit at the Barry County, Mo., line, where Barry County deputies picked up the pursuit. A sheriff’s deputy observed the motorcycle attempt to elude him and travel at speeds between 110 and 115 miles per hour. The sheriff’s deputy pursued the motorcycle into Newton County and as they approached the Granby, Mo., city limits, the motorcycle appeared to have engine problems.
When the motorcycle came to a stop, Woodward was arrested. He was carrying the firearm in a holster on his left hip. The motorcycle had been reported as stolen a few days earlier in Republic, Mo.
According to court documents, Woodward’s high-speed pursuit and his illegal possession of a firearm on Dec. 1, 2016, occurred approximately three weeks after his illegal possession of another firearm in Greene County, Mo. In that incident, Greene County sheriff’s deputies were dispatched to a report of a suspicious vehicle that was parked on private property. Deputies contacted the property owner and were told that the owner had no knowledge regarding the vehicle, but since it was on his property, law enforcement had his permission to check the vehicle. Woodward was inside the truck; because he had difficult standing and speaking and did not know his name, he was transported by ambulance. Woodward had been released on state parole six weeks earlier.
Deputies searched the truck and found a Smith and Wesson .38-caliber revolver, a box of ammunition, a baggie of methamphetamine, drug paraphernalia and burglary tools in the truck. Deputies learned that the VIN for the truck did not match the license plate that appeared on the vehicle that had been reported stolen with the Springfield, Mo., Police Department.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Woodward has repeated convictions for theft, criminal damage to property, numerous narcotics offenses, resisting arrest, domestic assault, burglary, tampering with a vehicle and driving while intoxicated. Between the ages of 18 and 38, Woodward has been convicted 13 different times for 17 different felony and misdemeanor offenses. Woodward’s prior probations or paroles have been revoked on approximately 12 occasions due to new criminal offenses.
This case was prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Billings, Mo., Police Department, the Greene County, Mo., Sheriff’s Department and the Barry County, Mo., Sheriff’s Department.
SBM Offshore N.V. and United States-Based Subsidiary Resolve Foreign Corrupt Practices Act Case Involving Bribes in Five CountriesRead the Press Release
SBM Offshore N.V. (SBM), a Netherlands-based company specializing in the manufacture and design of offshore oil drilling equipment, and its wholly owned U.S. subsidiary, SBM Offshore USA Inc. (SBM USA), have agreed to resolve criminal charges and pay a criminal penalty of $238 million in connection with schemes involving the bribery of foreign officials in Brazil, Angola, Equatorial Guinea, Kazakhstan and Iraq in violation of the Foreign Corrupt Practices Act (FCPA). SBM USA pleaded guilty today in connection with the resolution.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting U.S. Attorney Abe Martinez of the Southern District of Texas and Special Agent in Charge Mark Dawson of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Houston Field Office made the announcement.
“This corrupt scheme involved some of the highest-level executives within the company, spanned five countries, and lasted for more than a decade,” said Acting Assistant Attorney General Cronan. “The resolution announced today demonstrates the Criminal Division’s continuing commitment to work closely with our foreign partners to hold both companies and individuals accountable for their actions as we continue to level the playing field for ethical and honest businesses to compete in the marketplace.”
“Deterring corporate crime requires enforcing the law on multiple fronts,” said Acting U.S. Attorney Martinez. “These cases involve both individual and corporate misconduct, which the guilty pleas reflect. We will continue to aggressively investigate and prosecute individuals and corporations who violate the FCPA and those who misuse our financial system to do so.”
“This case exemplifies how HSI works diligently with our foreign law enforcement partners to promote and protect international trade practices, ensuring a fair and equal playing field for U.S. companies and consumers,” said HSI Special Agent in Charge Dawson.
SBM entered into a deferred prosecution agreement in connection with a criminal information filed today in the Southern District of Texas charging the company with conspiracy to violate the anti-bribery provisions of the FCPA. The case is assigned to U.S. District Judge David Hittner. In addition, SBM USA pleaded guilty and was sentenced by Judge Hittner on a one-count criminal information charging the company with conspiracy to violate the anti-bribery provisions of the FCPA. Pursuant to its agreement with the Department, SBM agreed to pay a total criminal penalty of $238 million to the United States, including a $500,000 criminal fine and $13.2 million in criminal forfeiture that SBM agreed to pay on behalf of SBM USA.
According to the companies’ admissions and court documents, beginning by at least 1996 and continuing until at least 2012, SBM conspired to violate the FCPA by paying more than $180 million in commissions to intermediaries, knowing that a portion of those commissions would be used to bribe foreign officials in Brazil, Angola, Equatorial Guinea, Kazakhstan and Iraq. SBM made these payments in order to influence those officials, for the purpose of securing improper advantages and obtaining or retaining business with state-owned oil companies in the five named countries. SBM acknowledged that it gained at least $2.8 billion from projects it obtained from these state-owned oil companies.
The Justice Department resolution follows guilty pleas by two former SBM executives. On Nov. 9, Anthony Mace, the former CEO of SBM and a former member of the board of directors of SBM USA, pleaded guilty to one count of conspiracy to violate the FCPA. On Nov. 6, Robert Zubiate, a former SBM USA executive, pleaded guilty to one count of conspiracy to violate the FCPA. Mace and Zubiate are awaiting sentencing.
In 2014, SBM settled with the Dutch Public Prosecutor’s Office (Openbaar Ministerie) over related conduct and paid the Netherlands a total $200 million in disgorged profits and a $40 million fine. SBM has paid a combined worldwide total in criminal penalties in excess of $475 million.
The Department reached this resolution based on a number of factors, including the fact that while SBM brought the conduct to the attention of the Criminal Division’s Fraud Section and Dutch authorities, it did not provide a complete disclosure for approximately one year; that SBM did cooperate with the Department’s investigation, including an accelerated investigation into bribery conduct related to Kazakhstan and Iraq; and that SBM has undertaken significant remedial measures, including terminating and demoting employees who were involved in the criminal conduct, terminating longstanding agency agreements and implementing a new and enhanced system of internal controls to address and mitigate corruption and compliance risks. Therefore, SBM was entitled to a 25 percent reduction off of the bottom of the U.S. Sentencing Guidelines range. In addition, the Department considered SBM’s inability to pay a fine.
In calculating its fine, the Department credited SBM’s payment of penalties to the Openbaar Ministerie and the payment of penalties likely to be paid to the Brazilian Ministério Público Federal (MPF).
The Department of Justice is grateful to Brazil’s MPF, the Netherlands’ Dutch Public Prosecutor’s Office (Openbaar Ministerie) and Switzerland’s Office of the Attorney General and Federal Office of Justice for providing substantial assistance in gathering evidence during this investigation.
ICE-HSI investigated the case. Trial Attorney Dennis R. Kihm and Assistant Chief Tarek Helou of the Fraud Section and Assistant U.S. Attorney Suzanne Elmilady of the Southern District of Texas are prosecuting the case. The Criminal Division’s Office of International Affairs also provided substantial assistance in this matter. The FBI’s International Corruption Squad and the Internal Revenue Service’s Criminal Investigation Division assisted with portions of the investigation of this case.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal-fraud/foreign-corrupt-practices-act.
Philadelphia Man Sentenced to 10 and ½ Years in Prison for Bank Fraud and Aggravated Identity TheftRead the Press Release
Steven Ronald Randall, 25, of Philadelphia, Pennsylvania, was sentenced to 126 months incarceration in federal prison following his conviction on 2 counts of bank fraud and 10 counts of aggravated identity theft, announced Acting United States Attorney Louis D. Lappen.
As part of his guilty plea and in connection with his sentencing, Randall admitted that he used social media service Facebook to solicit persons to provide him with their bank ATM cards and PIN numbers so that he could deposit bad checks into their accounts and withdraw the funds before the banks and other financial institutions realized that the checks were bad. Randall admitted that he recruited approximately 30 people in this manner, that he went to numerous ATM machines in Philadelphia and the surrounding area to make the deposits and withdrawals, and also that he used the ATM cards and PIN numbers at various stores, including Walmart, CVS, RiteAid, Wawa, 7-Eleven, Pathmark, and Giant, to purchase goods and obtain cash back prior to the banks discovering that the checks were bad.
In addition to the prison sentence, U.S. District Judge Joseph F. Leeson, Jr. ordered Randall to pay $51,567 restitution to Citizens Bank and $799 restitution to TD Bank.
The case was investigated by the United States Postal Inspection Service and was prosecuted by Assistant United States Attorney Michael S. Lowe.
Philadelphia Duo Charged with Firearms OffensesRead the Press Release
Darrell Wylie, 25, and Namir White, 27, of Philadelphia, Pennsylvania, were charged today by Indictment with interference with interstate commerce by means of robbery, brandishing a firearm during and in relation to a crime of violence, and theft of government funds, announced United States Attorney Louis D. Lappen. Wylie was further charged in the Indictment with unlawfully possessing a firearm, having previously been convicted of a felony.
The Indictment alleges that the offenses were committed in Philadelphia on or about November 2, 2017, when Wylie and White committed the armed robbery of a person working on behalf of federal investigators, after having offered to sell three firearms to the person.
If convicted as charged, Wylie and White each face a maximum possible sentence of life imprisonment, as well as a minimum term of imprisonment of seven years, and supervised release for a maximum of five years. Wylie further faces a maximum fine of $1,000,000 and $400 in special assessments, while White faces a maximum fine of $750,000 and $300 in special assessments.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant United States Attorneys Joseph A. LaBar and Seth Schlessinger.
Parkville Man Sentenced for Computer Hacking, Accessing Child PornographyRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Parkville, Mo., man who was under investigation for hacking into his former employer’s computer system, was sentenced in federal court today for both the intrusion charge and for using a computer to view thousands of images of child pornography.
Jacob Raines, 38, of Parkville, was sentenced by U.S. District Judge Howard F. Sachs to six years in federal prison without parole.
On May 23, 2017, Raines pleaded guilty to one count of computer intrusion and one count of accessing a computer in order to view child pornography over the Internet.
Raines worked as the information technology manager for American Crane & Tractor Parts in Kansas City, Kan., from July 2004 until his resignation on March 28, 2014. The company’s new IT manager removed Raines’s computer passwords and made other security changes associated with the transition to a new IT manager. However, while utilizing the computer previously assigned to Raines, the new IT manager noticed that someone had logged into the computer remotely and copied files to an off-site server.
An examination revealed the company’s proprietary source code files and file folders were copied to Raines’s remote server during several sessions from May 16 to May 18, 2014. Law enforcement officers executed a search warrant at Raines’s residence on April 2, 2015, for evidence of the computer intrusion and theft of trade secrets. Copies of the proprietary source code for the company were on Raines’s home computer.
This proprietary source code is considered a trade secret by American Crane & Tractor Parts, which provides it a competitive advantage in its industry. The value of the proprietary source code exceeds $5,000, and the copying of this source code would provide a commercial advantage and a private financial gain to others.
According to court documents, Raines acted against his employer of almost a decade in a manner that could have potentially caused significant financial harm to the company. While it is not clear that Raines transferred the firm’s source codes to a third party once he stole them, it is certain he had the connections and means to provide them to at least one of the firm’s largest competitors.
Investigators also discovered that Raines had used his home computers and hard drives to access child pornography over the Internet since Nov. 13, 2013. Raines utilized peer-to-peer, file-sharing software to search for child pornography. Investigators discovered more than 7,000 files of child pornography images and videos on a DVD. Located in the hard drive of another desktop computer belonging to Raines were over 3,900 thumbnail images and 260 icon images of child pornography carved from unallocated space. Over 6,000 additional images and 25 videos of child pornography were also carved from the unallocated space of a separate loose hard drive belonging to Raines.
According to court documents, a recurring theme in the images Raines possessed and accessed was the graphic depiction of the rape and sodomy of pubescent and prepubescent girls, some as young as babies and toddlers, by adult men. Raines also possessed and accessed numerous images of young boys and girls engaging in sexually explicit conduct with other minors.
This case was prosecuted by Assistant U.S. Attorney David Luna. It was investigated by the FBI.
Pair of USP Lee Inmates Sentenced for EscapeRead the Press Release
Abingdon, VIRGINIA – A pair of inmates serving time at United States Penitentiary Lee County in Jonesville, Virginia, who escaped in May 2017, were sentenced to additional prison time yesterday in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney Rick A. Mountcastle announced.
Salah Mohamed, 36, was sentenced yesterday to 60 months in prison. He previously pleaded guilty to one count of conspiracy to escape or attempt to escape a correctional facility and one count of escape from a correctional facility. Kamal Qazah, 38, was also sentenced yesterday to 60 months in prison. He previously pleaded guilty to one count of conspiracy to escape or attempt to escape a correctional facility and one count of escape from a correctional facility.
According to evidence presented at previous hearings by Assistant United States Attorney Zachary T. Lee, Mohamed and Qazah were inmates serving prison time at USP Lee prison camp. Mohamed was serving 172 months and Qazah was serving 216 months when in May 2017 they failed to show-up for the 5:00 p.m. inmate count. USP officials discovered that Mohamad and Qazah had walked away from the camp and were likely picked-up by another person on a nearby road outside of the grounds of USP Lee. Nineteen days later the United States Marshals Service was able to locate Mohamed and Qazah in Mexico City, Mexico and take them into custody. Found in their possession were forged Yemeni passports and United States currency.
The investigation of the case was conducted by the United States Marshals Service. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
Oxford Man Sentenced for Felon in Possession of a Firearm and AmmunitionRead 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 today, Senior United States District Judge W. Earl Britt, sentenced TEVIN TIA’MANE NORWOOD, 25, of Oxford, NC to 100 months of imprisonment followed by 3 years of supervised release.
NORWOOD was named in an Indictment filed on April 18, 2017. NORWOOD subsequently pled guilty to one-count of Felon in Possession of a Firearm and Ammunition. On July 18, 2017, NORWOOD pled guilty to the charge.
On October 10, 2016, Oxford Police officers observed NORWOOD driving erratically. After a short vehicle pursuit, NORWOOD jumped out of his vehicle while it was still in gear and fled; however, he was captured following a brief foot chase. The vehicle continued into an embankment, thus recklessly endangering anyone in the area. A search of the path of flight taken by NORWOOD resulted in the recovery of a stolen, Glock .40 caliber firearm with one bullet in the chamber. This firearm was positively identified as the same firearm used by NORWOOD in a previous shooting several days earlier also in Oxford. A box of .40 caliber ammunition was found in NORWOOD’S vehicle. NORWOOD subsequently provided an unprotected statement that the Glock firearm was his.
This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
The Butner Department of Public Safety, Oxford Police Department, Durham Police Department and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) conducted the criminal investigation of this case. Assistant United States Attorney Daniel P. Bubar handled the prosecution of this case for the government.
North Platte Resident Sentenced on Child Pornography ChargesRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Gale Robert Gibbs, 67, formerly of North Platte, Nebraska, was sentenced today in Lincoln, Nebraska, to 37 months in prison by Senior United States District Judge Richard G. Kopf, for possessing child pornography. Gibbs was also ordered to pay $1,000.00 in restitution to the victims and will serve 10 years of supervised release and be required to register as a sex offender.
The North Platte Police Department was contacted by a technician at a computer shop in North Platte after Gibbs took his computer in for repairs. While examining the computer the technician found a number of thumbnails of images depicting child erotica and child pornography.
On August 31, 2016, the North Platte Police Department obtained a search warrant for Gibbs’ residence and seized the laptop. After forensic examination approximately 67 images were found on his computer, including 27 images identified by the National Center for Missing and Exploited Children as known victims from outside the State of Nebraska.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the North Platte Police Department.
North Carolina Man Pleads to Being a Felon in Possession of a Firearm and Ammunition Stemming from Mall StandoffRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated that James Jacob Parrish, Jr., age 26, of Fayetteville, North Carolina, pled guilty in federal court to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Section 922(g)(1). Chief United States District Judge Terry L. Wooten 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 in court established that at approximately 8:00pm on Sunday, March 26, 2017, deputies with the Richland County Sheriff’s Department (“RCSD”) were dispatched to an alarm and shots-fired call at Columbia Mall on Two Notch Road. The mall was closed at that time. Deputies located a vehicle registered to Parrish parked in the median of the mall parking lot with a flat front tire and noticed bullet holes in the glass door of the Sears Automotive Department with spent 9mm shell casings lying on the sidewalk in front of the door. Upon making entry into the Sears Automotive Department, deputies noticed an interior glass door had been shot out as well.
The RCSD’s Special Response Team (“SRT”) responded to the scene and ultimately located Parrish barricaded inside an interior room. SRT tried to negotiate with Parrish to surrender peacefully and during the negotiations, Parrish made threats to shoot the officers. After unsuccessful negotiations, SRT made entry into the room and encountered Parrish pointing a loaded Kahr 9mm handgun at them. SRT was able to safely apprehend Parrish and placed him under arrest. Parrish was transported to a local hospital for medical treatment for a foot injury he sustained when he fell through a ceiling while trying to escape detection. While at the hospital, Parrish attempted to take a handgun from a deputy.
Parrish is prohibited under federal law from possessing firearms and ammunition based upon his prior North Carolina state convictions for carrying a concealed firearm (2002), possession of stolen goods (2003), possession of cocaine (2003), sell of cocaine (2003), possession with intent to distribute counterfeit currency (2003), second degree murder, second degree kidnapping, attempted robbery with a deadly weapon, and sell of cocaine (2005). Parrish had been released from a North Carolina prison in 2015.
Parrish faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the felon in possession of a firearm and ammunition charge.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the RCSD and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
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Newport News Carjacker Sentenced to 12 Years in PrisonRead the Press Release
NEWPORT NEWS, Va. – A Newport News man was sentenced today to 12 years in prison for an August 2016 carjacking of a man in a hotel parking lot in Newport News.
According to court documents, Adrian Briggs, 21, approached the victim’s car and asked to borrow his cell phone. The victim obliged and Briggs made small talk with the man, used the victim’s phone, and asked the victim for bus fare, which the victim provided. After approximately 30 minutes, Briggs pulled a firearm from his waistband and threatened to shoot the victim. Briggs then stole the victim’s car, wallet, and cell phone. The Newport News Police located the victim’s car the following day, and matched a fingerprint found on an item in the car to Briggs. Law enforcement also pulled phone records from the victim’s cell phone and found that Briggs had called his mother from the victim’s phone twice on the morning of the crime. In between the calls, Briggs also used the victim’s credit card to rent movies at a Redbox in Hampton.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, Thomas L. Chittum, III, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Michael C. Grinstead, Acting Chief of Newport News Police, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorney Howard J. Zlotnick and Special Assistant U.S. Attorney Bethany Lipman prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:17-cr-33.
New Jersey Fishmonger Arrested for Stealing over $900,000 in Checks from Fulton Fish MarketRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Daniel D. Brownell, the Commissioner of the New York City Business Integrity Commission (“BIC”), announced today the unsealing of a complaint charging VINCENT PERRETTI with bank fraud and conspiracy to commit bank fraud in connection with a scheme to steal over $900,000 in checks from his employer at the Fulton Fish Market. PERRETTI was arrested this morning and was presented this afternoon before Magistrate Judge Debra Freeman in federal court in Manhattan.
Manhattan Acting U.S. Attorney Joon H. Kim said: “As alleged, Vincent Perretti’s fishy scheme involved stealing nearly a million dollars from his employer and spending it on trips and jewelry. Thanks to the outstanding investigative work of the NYPD, Perretti’s alleged two-year scheme has gone belly up.”
Commissioner Daniel D. Brownell said: “Vincent Perretti allegedly directed a blatant, long-term fraud in the Fulton Fish Market, stealing nearly $1 million from his own employer. As the regulator for all of the City’s public wholesale markets, BIC will continue to work to keep the markets fair and competitive, free from corruption and theft.”
According to the allegations in the Complaint unsealed today in Manhattan federal court:[1]
Over a two-year period, PERRETTI and a co-conspirator who also worked at the Fulton Fish Market entered fake invoices into their employer’s accounting system, causing the employer to issue unauthorized checks to PERRETTI for shipments of fish that were neither ordered nor delivered. PERRETTI then cashed the checks and spent the money on personal items, including jewelry and trips to the Bahamas.
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PERRETTI, 49, of Aberdeen, New Jersey, is charged with one count of conspiracy to commit bank fraud, which carries a maximum sentence of 30 years in prison, and one count of bank fraud, which carries a maximum sentence of 30 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Kim praised the outstanding investigative work of the Business Integrity Commission and the New York City Police Department.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Adam S. Hobson is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Neosho Man Sentenced to 40 Years for Sexual Exploitation of a MinorRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Neosho, Mo., man was sentenced in federal court today for producing child pornography.
James Lyndon McFadin, Jr., 34, of Neosho, was sentenced by U.S. District Judge Beth Phillips to 40 years in federal prison without parole. McFadin has been incarcerated in federal custody since his arrest on Dec. 21, 2015.
On July 7, 2017, McFadin pleaded guilty to six counts of enticing a minor to engage in sexually explicit conduct for the purpose of producing child pornography and one count of receiving and distributing child pornography.
McFadin used six children – four females and two males, who ranged in age from approximately 5 to 16 years old – to produce child pornography between Jan. 1 and Dec. 19, 2015. McFadin video-recorded illicit sexual activity between himself and one of the child victims, identified as “Jane Doe 1” in court documents. McFadin also had Jane Doe 1 to send him sexually explicit images of herself and the other child victims.
Law enforcement officers executed a search warrant at McFadin’s residence and seized a laptop computer, a computer hard drive and a computer tower. Investigators discovered multiple videos and photos of child pornography, including the child victims, on McFadin’s devices and cell phone.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI, the Southwest Missouri Cyber Crime Task Force and the Neosho, Mo., Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Members and Associates of Violent Louisville Street Gang Charged in 40 Count Indictment with Conspiring to Obtain Firearms for Convicted FelonsRead the Press Release
Arrests resulted from Louisville Metro Intelligence Joint Task Force
Charges included 32 firearms, ammunition, and explosive materials
LOUISVILLE, Ky. – United States Attorney Russell M. Coleman, joined by Special Agent in Charge Louisville Field Division of Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Stuart L. Lowrey, Louisville Metro Police Chief Steve Conrad, and Special Agent in Charge Federal Bureau of Investigation Amy Hess, announced the results today, of an ongoing investigation in to violent criminal activity, within Jefferson County, Kentucky, with the indictment and arrests of members and associates of the Victory Park Crips. These charges result from an investigation by Louisville Metro Intel (LM Intel): 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.
The forty-count superseding indictment was unsealed late yesterday afternoon following the arrests of Chicoby Summers, 22, Shelby Strong, 33, Jerlen Horton, 23, Derrick Hammond, 33, and Lakeshia Watts, 23. All are from Louisville and are in federal custody following their initial appearances before United States Magistrate Judge Colin H. Lindsay, late yesterday afternoon in Louisville.
At all times relevant to the conspiracy, Hammond, Summers, and Horton were convicted felons, and they had close relationships with each other as well as other members of the Victory Park Crips (VPC), a violent street gang operating primarily in the west end of Louisville. Lakeshia Watts shared a residence with Horton and Shelby Strong was an associate of Hammond. Members and associates of the VPC use firearms to aid narcotics trafficking, preserve and protect power and reputation by intimidation and violence against rival gangs. The culture of the VPC glorifies guns and violence, and firearms are a status symbol to members.
According to the charges, beginning in February of 2017, the defendants conspired to obtain firearms through the use of straw purchasers (associates who had no felony convictions and could lawfully purchase firearms). It was further part of the conspiracy that firearms purchased by straw purchasers were transferred ultimately to convicted felons, aided and abetted by others. Federal law prohibits convicted felons from purchasing or owning firearms, prohibits a buyer from purchasing a weapon on behalf of another person, and prohibits an unlawful user of a controlled substance to possess a firearm.
All defendants are charged in count one with conspiracy to possess a firearm by a prohibited person. Defendants Horton, Hammond and Watts are further charged with conspiring to corruptly obstruct, influence, and impede an official proceeding. Additionally, Strong is charged with engaging in the business of dealing in firearms without a license. Strong is further charged with making material false statements in order to acquire firearms from River City Firearms and Cabela’s and for illegally possessing firearms as a habitual drug user. Strong is also charged, along with Hammond, for transferring firearms to convicted felons.
Summers and Horton are charged with illegal possession of multiple firearms by convicted felons. Horton is further charged with received and possessing explosive material including two LIDU, 1.3g, 2 inch display shells; two LIDU, 1.3g, 3 inch display shell, and one Legend, 1.3g, 4 inch TI Salute shell.
If convicted at trial, defendants face up to ten years in prison for each count for counts 2-34 and 36-40; and up to five years for each of counts one and 35. All counts carry a fine of $250,000 and each count includes a three-year period of supervised release.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) with the support of the Louisville Metro Police Department, Federal Bureau of Investigation (FBI), and the Drug Enforcement Administration (DEA).
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The charge of a person by a Grand Jury Indictment is an accusation only and that person is presumed innocent until and unless proven guilty
summers_et_al._ssi_11_21_17.pdfMan Pleads Guilty to Attempting to Steal Greene County Company Client InformationRead the Press Release
DAYTON – Christopher Paul Murphy, 68, of Golden Valley, Ariz., pleaded guilty in U.S. District Court to intentionally accessing a protected computer without authorization.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the plea entered into before U.S. District Judge Walter H. Rice.
According to the statement of facts in this case, Murphy intentionally attempted to access a protected computer system last month without authorization in an effort to gain information for his own private commercial gain.
Murphy planned to obtain client information of customers of National BiWeekly Mortgage Administration, Inc. (NBA) in Xenia. Murphy wanted to use the information to solicit customers to his own similar business.
The defendant attempted to obtain the information by causing an email containing malware to be sent to an NBA employee. He also provided a thumb drive to an NBA employee and directed that, in the event the malware failed, the employee should download the company’s client lists onto the thumb drive.
Murphy pleaded guilty to one count of intentionally accessing a protected computer without authorization, which is a federal crime punishable by up to five years in prison.
U.S. Attorney Glassman commended the investigation of this case by the FBI and Assistant United States Attorney Brent G. Tabacchi, who is representing the United States in this case.
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Logan County man sentenced to federal prison for gun crimeRead the Press Release
CHARLESTON, W.Va. – A Logan County man who possessed a sawed-off shotgun in October 2016 was sentenced today to two years and three months in federal prison, announced United States Attorney Carol Casto. Brian Kevin Sigmon, II, 34, of Henlawson, previously pled guilty to possession of an unregistered firearm.
On October 22, 2016, Sigmon possessed a shotgun that had been sawed-off, with a barrel length of less than 18 inches and an overall length of less than 26 inches. The sawed-off shotgun Sigmon possessed was not registered on the National Firearms Registration and Transfer Record as required by federal law.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Eric Bacaj handled the prosecution. Chief United States District Judge Thomas E. Johnston imposed the sentence.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
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Liberty County Woman Guilty of Federal Income Tax ConspiracyRead the Press Release
BEAUMONT, Texas – A 69-year-old Liberty, Texas woman has pleaded guilty to a federal tax violation in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Maria Lilia Riggs pleaded guilty to an Information charging her with conspiracy to defraud the United States by impeding and obstructing the Internal Revenue Service (IRS) of the Treasury Department in the collection of income taxes. Riggs entered a plea of guilty on Nov. 28, 2017, before U.S. Magistrate Judge Zack Hawthorn as part of a plea agreement waiving her indictment by a federal grand jury.
According to a factual basis signed by the defendant, joint individual federal tax returns Form 1040 of defendant Maria Lilia Riggs and her spouse for tax years 2007 through 2014 show federal income taxes owed of approximately $359,009.00 with little or no withholding or taxes paid or tendered. Further, for tax years of 1999 through 2006 the joint individual tax returns Form 1040 of the defendant and her spouse show federal income taxes owed of approximately $164,514.00 with little or no withholding or taxes paid or tendered.
According to information presented by prosecutors, beginning in 2006 when Riggs learned that federal tax levies were being served on her financial institution she began to open other accounts at that institution and another financial institution in the names of relatives and corporations in which the personal earned income of Riggs and her spouse were deposited in and withdrawn from in order to evade the lawful collection of taxes owed over the years. In 2013 when IRS Revenue Officers attempted to collect past due taxes owed from the Riggs, Maria Lilia Riggs completed and signed Form 433-A, Collection Information Statement for Wage Earners and Self-Employed Individuals and failed to disclose her ownership of the various nominee accounts she was utilizing to evade payment of taxes owed.
Under federal statutes, Riggs faces up to five years in federal prison at sentencing as well as restitution to the IRS of approximately $521,166. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by Internal Revenue Service – Criminal Investigation Division and prosecuted by Assistant U.S. Attorneys Robert L. Rawls.
Laredo Man Indicted for Unlawful Possession of More Than 100 FirearmsRead the Press Release
LAREDO, Texas – A 72-year-old resident of Laredo has appeared in court on allegations he possessed more than 100 firearms, even though he was a convicted felon, announced Acting U.S. Attorney Abe Martinez.
A federal grand jury returned the indictment against Javier J. Trevino on Nov. 21, 2017. He was taken into custody yesterday and made his initial appearance before U.S. Magistrate Judge Diana Song Quiroga today.
According to the indictment, Trevino was found in possession of 123 firearms on Aug. 20, 2016. Trevino is a convicted felon and thereby prohibited from possessing a firearm per federal law. These firearms allegedly included handguns, rifles with high capacity magazines and shotguns.
If convicted, Trevino faces up to 10 years in federal prison as well as a $250,000 maximum fine.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of the Webb County Sheriff’s Department.
Assistant U.S. Attorney Christopher dos Santos is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.
Krotz Springs man sentenced to 41 months in prison for possessing firearms, ammunition illegallyRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a Krotz Springs man was sentenced Tuesday to 41 months in prison for possessing firearms and ammunition after being convicted of a felony.
Paul Joseph Viola, 46, of Krotz Springs, La., was sentenced by U.S. District Judge S. Maurice Hicks Jr. on two counts of possession of a firearm by a convicted felon and two counts of possession of ammunition by a convicted felon. He was also sentenced to two years of supervised release and ordered to pay a $10,000 fine.
Testimony and evidence at a three-day trial that ended on August 2, 2017 revealed that ATF agents received an anonymous call in October of 2015 reporting that Viola was a felon in possession of firearms. In an undercover operation conducted between October 31, 2015 and November 13, 2015, law enforcement agents obtained photographs of a Remington 1100 12 gauge shotgun, a .22 caliber Remington Speedmaster Model 552 semi-automatic rifle, and a .22 caliber Ruger model 10/22 semi-automatic rifle in Viola’s trailer in Krotz Springs. While the investigation was still ongoing, on November 28, 2015, Louisiana Department of Wildlife and Fisheries agents found Viola hunting in the Sherburne Wildlife Management area in St. Martin Parish in possession of a loaded .35 caliber Whelen single shot rifle and five rounds of ammunition. On December 7, 2015, ATF agents searched Viola’s trailer in Krotz Springs where they found and seized 13,428 rounds of ammunition. During his arrest on January 21, 2016 in Krotz Springs, law enforcement agents found 10 .22 caliber rounds of ammunition in a magazine for a Ruger 10/22 rifle, one round of Hornady .444 Marlin ammunition, three rounds of .243 Winchester ammunition and two rounds of .308 Winchester ammunition.
The ATF and the Louisiana Department of Wildlife and Fisheries conducted the investigation. Assistant U.S. Attorney Joseph T. Mickel prosecuted the case.
Knoxville Man Sentenced for Conspiring to Defraud the FDARead the Press Release
Abingdon, VIRGINIA – A Tennessee man, who operated a business that unlawfully distributed prescription animal drugs to evade existing Food and Drug Administration laws, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon to a federal felony conspiracy charge, United States Attorney Rick A. Mountcastle announced.
Billy K. Groce, 65, of Knoxville, was sentenced today to imprisonment for a term of four months. Groce previously pleaded guilty to one count of conspiracy to defraud the United States by impeding, impairing obstructing and defeating the lawful functions of the Food and Drug Administration.
Groce operated a business that was created for the purpose of illegally circumventing the FDA’s regulation of the interstate shipment and labeling of veterinary drugs. Groce’s business illegally obtained, stored, sold and caused to be shipped, drugs from veterinary drug manufacturers and distributers. Groce’s business was not a licensed wholesaler, a licensed pharmacy or a veterinary clinic.
Federal regulation of prescription veterinary drugs are not primarily to protect animals from the potential harms of prescription drugs, but are to protect the human food supply from unsafe drug residues in the edible tissues of animals sold for slaughter. Accordingly, veterinary prescription drugs must stay within the controlled chain of distribution to ensure the drugs’ safety and efficacy.
Groce illegally sold the drugs throughout Tennessee and Southwest Virginia. In addition, Groce shipped drugs to co-conspirator Marlin Webb, who was the store manager at a farm supply business in Carroll County, Virginia. Webb illegally sold the veterinary prescription drugs to customers in Southwest Virginia. Webb previously pleaded guilty to a felony charge of conspiracy to defraud the FDA and was sentenced to one year of probation. He paid $125,000 in forfeiture and other payments at the time of his guilty plea.
The investigation of the case was conducted by the U.S. Food and Drug Administration – Office of Criminal Investigations and the Virginia Department of Health Professions. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.