Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
19 January 2018
North Carolina Man Convicted of Sexual Exploitation of Joplin ChildRead the Press Release
SPRINGFIELD, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced today that a North Carolina man has been convicted of the sexual exploitation of a child in Joplin, Mo.
David Lee Perkins, 33, of Winston-Salem, N.C., was found guilty following a two-day bench trial before U.S. District Judge M. Douglas Harpool that concluded on Jan. 9, 2018. The court’s findings of fact, conclusions of law and adjudication of guilt was released on Thursday, Jan. 18, 2018.
The court found that Perkins crossed state lines into Missouri with the intent to engage in a sexual act with a child victim under the age of 12, identified in court documents as Jane Doe, from April 16, 2014, to Dec. 11, 2016.
Additionally, Perkins had already pleaded guilty on Jan. 3, 2018, to two additional counts contained in the federal indictment. Perkins admitted that he used the victim to produce child pornography and that he distributed child pornography.
Joplin police officers were dispatched to a local hotel where Perkins was staying on Dec. 11, 2016. A female acquaintance of Perkins told officers that she found several videos on an iPad of Perkins engaged in sexually explicit conduct with Jane Doe. Officers contacted Perkins in his hotel room and placed him under arrest.
Perkins told investigators he used his iPad and iPhone to photograph and create videos of the sexually explicit conduct he engaged in with Jane Doe in various hotels and motels in Joplin. Investigators found three video files on Perkins’s iPad. Perkins shared those images and videos of child pornography with at least one other person by attaching them to text messages.
Under federal statutes, Perkins is subject to a mandatory minimum sentence of 30 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the Joplin, Mo., Police Department, the FBI, and the Newton, N.C., 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."
New Jersey Man Indicted for Sex Travel to Placer and El Dorado Counties and for Production of Child PornographyRead the Press Release
SACRAMENTO, Calif. — On Thursday, a federal grand jury returned a four-count indictment against Michael Anaya-Otero, 21, of Elizabeth, New Jersey, charging him with production of child pornography and interstate travel with the intent to engage in illicit sexual conduct with a minor, U.S. Attorney McGregor W. Scott announced.
According to court documents, in April 2016 and again in January 2017, Anaya-Otero allegedly traveled to Placer County in order to engage in sexual conduct with a seventh grader. Anaya-Otero is also alleged to have taken sexually explicit pictures of the victim, which he then transported with him back to New Jersey. Separately, in June 2017, Anaya-Otero had an online relationship over Snapchat and Instagram with a second juvenile victim in El Dorado County, and he is alleged to have maintained sexually explicit images of this juvenile victim on his cellphone.
On January 5, 2018, Anaya-Otero was arrested in New Jersey.
This case is the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorney Audrey B. Hemesath is prosecuting the case.
If convicted, Anaya-Otero faces a maximum statutory penalty of 30 years in prison and a $250,000 fine. The charge of production of child pornography carries a mandatory minimum prison sentence of 15 years. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Monongalia County man admits to firearm chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Morgantown, West Virginia man has admitted to a firearm charge, United States Attorney Bill Powell announced.
Jason Perry, age 35, pled guilty to one count of “Unlawful Possession of a Firearm.” Perry admitted to illegally possessing 9mm pistol in Monongalia County in March 2017.
Perry faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Mon Metro Drug & Violent Crimes Task Force investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Michael John Aloi presided.
Michael “the Situation” Sorrentino and His Brother, Marc Sorrentino, Plead Guilty to Tax CrimesRead the Press Release
Reality television personality Michael “The Situation” Sorrentino and his brother, Marc Sorrentino, pleaded guilty today to violating federal tax laws, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, U.S. Attorney Craig Carpenito for the District of New Jersey and Internal Revenue Service Criminal Investigation (IRS CI) Special Agent in Charge Jonathan D. Larsen.
According to documents and information provided to the court, Michael Sorrentino, 36, pleaded guilty to one count of tax evasion and Marc Sorrentino, 38, pleaded guilty to one count of aiding in the preparation of a fraudulent tax return.
“Today’s pleas are a reminder to all individuals to comply with the tax laws, file honest and accurate returns and pay their fair share,” said Principal Deputy Assistant Attorney General Zuckerman. “The Tax Division is committed to continuing to work with the IRS to prosecute those who seek to cheat the system, while honest hardworking taxpayers play by the rules.”
“What the defendants admitted to today, quite simply, is tantamount to stealing money from their fellow taxpayers,” said U.S. Attorney Carpenito. “All of us are required by law to pay our fair share of taxes. Celebrity status does not provide a free pass from this obligation.”
“As we approach this year’s filing season, today’s guilty pleas should serve as a stark reminder to those who would attempt to defraud our nation’s tax system,” stated Jonathan D. Larsen, Special Agent in Charge, IRS-Criminal Investigation, Newark Field Office. “No matter what your stature is in our society, everyone is expected to play by the rules, and those who do not will be held accountable and brought to justice.”
Michael Sorrentino was a reality television personality who gained fame on “The Jersey Shore,” which first appeared on the MTV network. According to documents and information provided to the court, he and his brother, Marc, created businesses, such as MPS Entertainment LLC and Situation Nation Inc., to take advantage of Michael’s celebrity status.
Michael Sorrentino admitted that in tax year 2011, he earned taxable income, including some that was paid in cash, and that he concealed a portion of his income to evade paying the full amount of taxes he owed. He also made cash deposits into bank accounts in amounts less than $10,000, in an effort to ensure that these deposits would not come to the attention of the IRS.
Marc Sorrentino admitted that for tax year 2010, he earned taxable income and that he assisted his accountants in preparing his personal tax return by willfully providing them with false information and fraudulently underreporting his income.
U.S. District Judge Susan D. Wigenton scheduled sentencing for April 25. Michael Sorrentino faces a statutory maximum sentence of five years in prison for tax evasion. Marc Sorrentino faces a statutory maximum sentence of three years in prison for aiding in the preparation of a fraudulent tax return. Both also face a period of supervised release, restitution and monetary penalties. Gregg Mark, the accountant for the Sorrentino brothers, previously pleaded guilty in 2015 to conspiring to defraud the United States with respect to their tax liabilities.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Carpenito praised special agents of IRS CI, who conducted the investigation, and Trial Attorneys Yael T. Epstein and Jeffrey B. Bender of the Tax Division of the U.S. Department of Justice and Assistant U.S. Attorney Jonathan W. Romankow, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Michael ‘The Situation’ Sorrentino and His Brother, Marc Sorrentino, Admit Tax ChargesRead the Press Release
NEWARK, N.J. – Television personality Michael “The Situation” Sorrentino and his brother, Marc Sorrentino, both admitted today to violating federal tax laws, U.S. Attorney Craig Carpenito, District of New Jersey; Principal Deputy Assistant Attorney General Richard E. Zuckerman of the U.S. Department of Justice, Tax Division; and IRS Special Agent in Charge Jonathan D. Larsen announced.
Michael Sorrentino, 36, pleaded guilty to Count 13 of the superseding indictment, which charges him with tax evasion. Marc Sorrentino, 38, pleaded guilty to Count 5, which charges him with aiding in the preparation of a false and fraudulent tax return. The brothers entered their guilty pleas before U.S. District Judge Susan D. Wigenton in Newark federal court.
“What the defendants admitted to today, quite simply, is tantamount to stealing money from their fellow taxpayers,” U.S. Attorney Carpenito said. “All of us are required by law to pay our fair share of taxes. Celebrity status does not provide a free pass from this obligation.”
“As we approach this year’s filing season, today’s guilty pleas should serve as a stark reminder to those who would attempt to defraud our nation’s tax system,” Jonathan D. Larsen, Special Agent in Charge, IRS-Criminal Investigation, Newark Field Office, said. “No matter what your stature is in our society, everyone is expected to play by the rules, and those who do not will be held accountable and brought to justice.”
According to documents filed in this case and statements made in court:
Michael Sorrentino was a reality television personality who gained fame on “The Jersey Shore,” which first appeared on the MTV network. He and his brother, Marc, created businesses, such as MPS Entertainment LLC and Situation Nation Inc., to take advantage of Michael’s celebrity status.
Michael Sorrentino admitted that in tax year 2011, he earned taxable income, including some that was paid in cash, and that he took certain actions to conceal some of his income to avoid paying the full amount of taxes he owed. He made cash deposits into bank accounts in amounts less than $10,000 each so that these deposits would not come to the attention of the IRS.
Marc Sorrentino admitted that during tax years 2010, 2011 and 2012, he earned taxable income and that he assisted his accountants in preparing his personal tax return for those years, willfully providing them with false information. His personal tax returns under-reported his total income and taxable income.
The tax evasion charge to which Michael Sorrentino pleaded guilty carries a maximum penalty of five years in prison. The charge of aiding in the preparation of false and fraudulent tax return to which Marc Sorrentino pleaded guilty carries a maximum penalty of three years in prison. Both charges are punishable by a potential $250,000 fine. Sentencing is scheduled for April 25, 2018.
U.S. Attorney Carpenito and Principal Deputy Attorney General Zuckerman credited special agents of the IRS, under the direction of Special Agent in Charge Jonathan D. Larsen, with the investigation leading to today’s guilty pleas.
The government is represented by Assistant U.S. Attorney Jonathan W. Romankow of the U.S. Attorney’s Office Criminal Division in Newark; Trial Attorneys Yael T. Epstein and Jeffrey B. Bender of the Tax Division of the U.S. Department of Justice.
Miami-Dade County Resident Sentenced to 64 Months for Stolen Identity Refund FraudRead the Press Release
A Miami-Dade County resident was sentenced to 64 months in prison for his participation in a stolen identity tax refund scheme. Nick Rickey Choute’s sentence will be followed by three years of supervised release. Additionally, Choute was ordered to pay $191,280 in restitution, a $500 special assessment, and a forfeiture money judgment of $452,006.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Nick Rickey Choute, 24, of Miami, previously pled guilty to charges relating to his participation in a stolen identity tax refund scheme that resulted in the submission of more than $400,000, in fraudulent refund claims to the IRS for tax years 2014 and 2015. Specifically, Choute pled guilty, without a plea agreement, to all charges in the indictment: one count of fraudulent use of access devices, in violation of 18 U.S.C. § 1029(a)(2); one count of possession of fifteen or more unauthorized access devices, in violation of in violation of 18 U.S.C. § 1029(a)(3); and three counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1). Choute pled guilty after a jury was selected, but before jury addresses commenced.
According to documents filed with the court, from approximately January 2015 through March 2016, in Miami-Dade County, Choute used stolen identities, including the names, dates of birth, and social security numbers of hundreds of South Florida residents born in the 1990s, to file more than 150 tax returns with the IRS. These fraudulent returns sought more than $450,000, in refunds. Choute directed the refunds to be deposited into bank accounts and prepaid debit card accounts that he opened in the names of other identity theft victims. He then withdrew the fraudulently obtained funds. In addition, when the IRS conducted a search of Choute’s home in March 2016, more than 2,500 victims’ identities were found in notebooks recovered from Choute’s bedroom, and personal identifying information of additional victims was also discovered on Choute’s iPad.
Mr. Greenberg commended the investigative efforts of IRS-CI. This case was prosecuted by Assistant U.S. Attorneys Lisa H. Miller and Quinshawna Landon.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Mead Woman Pleads Guilty to Conspiracy, Identity TheftRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nicole Marie Harring, age 42, of Mead, Oklahoma, pled guilty to Count One, Conspiracy, in violation of Title 18, United States Code, Section 371, punishable by not less than 5 years imprisonment, and up to a $250,000.00 fine or both, and to Count Nineteen, Aggravated Identity Theft, in violation of Title 18 U.S.C. § 1028A(c)(2), punishable by 2 years imprisonment. A copy of the full indictment can be found online at /media/929731/dl?inline.
The Indictment alleges that from on or about November 28, 2016, to on or about June 9, 2017, in the Eastern District of Oklahoma and elsewhere, that the defendant, conspired: to knowingly and willfully, with intent to deceive, make, utter and possess counterfeit securities consisting of checks purporting to be drawn on banks which operate in or the activities of which affect interstate commerce, in violation of 18 U.S.C. ' 513(a); to obtain money and property by means of materially false pretenses, representations and promises, in violation of 18 U.S.C. § 1343; and to knowingly possess without lawful authority a means of identification of another person, to-wit: D.M., with the intent to commit, aid or abet in the commission of unlawful activity, in violation of 18 U.S.C. ' 1028(a)(7).The charges arose from an investigation by the Durant Police Department, the District 19 District Attorney’s Office, the Chickasaw Nation Tribal Police, the Choctaw Nation Tribal Police, the Bureau of Indian Affairs, and the United States Secret Service. Assistant United States Attorney Melody Nelson will be prosecuting the case on behalf of the United States.
United States Attorney Brian J. Kuester said, “This investigation is the result of dedicated law enforcement professionals from local, state, tribal and federal jurisdictions working together to serve and protect our communities. This team effort by many different agencies is a wonderful example of the effectiveness of multi-jurisdictional efforts to investigate criminal activity.”
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Maryland Man Pleads Guilty to Federal Firearm Offense Committed Months After Release from Prison in Shooting CaseRead the Press Release
WASHINGTON – Vincenzo Lomax, 22, of Temple Hills, Md., pled guilty today to a federal firearms charge stemming from his possession of a loaded firearm on July 4, 2017, in Southeast Washington, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Lomax pled guilty in the U.S. District Court for the District of Columbia to one count of unlawful possession of a firearm and ammunition by a person convicted of a crime punishable by imprisonment for a term exceeding one year. He is to be sentenced on May 31, 2018 by the Honorable Christopher R. Cooper. He faces a statutory maximum of 10 years of incarceration.
According to the government’s evidence, on July 4, 2017, just after 2 a.m., MPD officers were in full uniform patrolling the 3200 block of Buena Vista Terrace SE, when they observed a small group of individuals —including Lomax— in the middle of the street. Lomax was wearing a backpack strapped to the front of his chest. Approximately 10 seconds after officers stopped their car to make contact with the group, Lomax took off in a full sprint. While he ran from officers, Lomax tossed his backpack, which contained a loaded firearm, to the ground.
After tossing the backpack, Lomax jumped a fence, continued running, and hid from officers at the bottom of an exterior stairwell leading to a residence. MPD officers set up a perimeter in an attempt to ensure that Lomax did not escape. Within several minutes, police located him crouched in a fetal position hiding at the bottom of the stairwell and sweating profusely. The cellphone that he was holding was subsequently searched pursuant to a search warrant and contained several photographs of Lomax holding numerous firearms. Lomax was arrested and has remained in custody ever since.
At the time of his arrest, Lomax was on supervision with the U.S. Parole Commission in connection with a March 20, 2015 shooting that took place in broad daylight aboard a Metrobus in Southeast Washington. As the bus traveled in the 2200 block of Good Hope Road SE, Lomax and a male passenger were involved in an altercation that prompted Lomax to pull out a loaded pistol. While Lomax and the male passenger physically struggled with each other, Lomax ended up shooting a wholly uninvolved innocent woman. Fortunately, the woman’s injuries were not life-threatening. Lomax pled guilty in the Superior Court of the District of Columbia to two felony offenses related to the shooting and was sentenced in June 2015 to two years in prison. He faces formal revocation of his supervised release and additional incarceration separate and apart from the sentence that he faces for possessing a firearm on July 4, 2017.
In announcing the plea, U.S. Attorney Liu and Chief Newsham commended the work of the MPD officers who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorneys Christopher Macchiaroli, Kondi Kleinman, and Jason Feldman, and Paralegal Specialist Candace Battle.
Mark Yancey Steps Down as United States AttorneyRead the Press Release
Oklahoma City, Oklahoma – Mark A. Yancey has accepted a Department of Justice position at the National Advocacy Center in Columbia, South Carolina, and has therefore announced his resignation as United States Attorney for the Western District of Oklahoma. First Assistant U.S. Attorney Robert J. Troester will become Acting U.S. Attorney at midnight on Saturday, January 20.
U.S. Attorney Yancey joined the office in 1991, after having served as a Special Agent with the FBI. He has prosecuted many cases and served in many roles, including as First Assistant U.S. Attorney and Criminal Chief under U.S. Attorney Sanford C. Coats from January 2010 until January 2016. He became Acting U.S. Attorney upon Mr. Coats’s resignation and was later appointed U.S. Attorney by the Attorney General and then by the district judges of the Western District of Oklahoma. During his tenure as U.S. Attorney, he has served on three sub-committees of the Attorney General’s Advisory Counsel—those concerning national security, civil rights, and Native American issues.
On January 22, Mr. Yancey will take up the position of Assistant Director at the National Advocacy Center, where he will coordinate training for federal prosecutors in national security and other criminal cases.
Upon Mr. Yancey’s resignation, First Assistant U.S. Attorney Troester will become Acting U.S. Attorney by operation of law under the Vacancies Reform Act of 1998. Like U.S. Attorney Yancey, First Assistant Troester has served the Department of Justice for many years. He became an Assistant U.S. Attorney in September 1995, after several years in private practice in Oklahoma City. As an Assistant United States Attorney, Troester has held various supervisory positions, including Civil Chief, Executive Assistant U.S. Attorney, First Assistant U.S. Attorney, and Acting U.S. Attorney on two prior occasions. Troester has also served on detail assignments within the Department of Justice in Washington D.C. as a Deputy Director in the Executive Office for United States Attorneys and, since April 2017, he has served as an Associate Deputy Attorney General and Senior Counsel to Deputy Attorney General Rod Rosenstein.
"I would like to thank Mr. Yancey for his two years of service in the challenging position of U.S. Attorney," said Mr. Troester. "He has demonstrated steady leadership for the talented prosecutors and civil litigators who are working to protect fellow citizens from crime and to further the interests of the United States. The task of continuing that leadership humbles me, but I look forward to working with federal, state, and tribal authorities for the common good, particularly on this Administration’s efforts to reduce violent crime."
Manchester Man Pleads Guilty to Bank RobberyRead the Press Release
CONCORD, N.H. - Aaron Pelchat, 36, of Manchester, pleaded guilty in federal court to bank robbery, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on May 23, 2017, Pelchat walked into a Northway Bank in Manchester, New Hampshire, and handed the teller a note demanding money. The teller gave Pelchat a quantity of United States currency. Surveillance cameras captured images of the robbery which were broadcast on local news outlets. Numerous individuals identified Pelchat from the photographs and he was apprehended the next day, May 24, 2017.
Pelchat is scheduled to be sentenced on May 8, 2018.
“Bank robberies are violent crimes that often can jeopardize the safety of bank employees, customers, and other members of the community,” said Acting U.S. Attorney Farley. “The U.S. Attorney’s Office is committed to working with the law enforcement community to combat violent crimes such as bank robberies. By combatting violent crime, our goal is ensure that the citizens of the Granite State feel safe in their local communities.”
“The Federal Bureau of Investigation (FBI) would like to thank the concerned citizens who came forward with information to help identify Mr. Pelchat. Robbing banks can put innocent lives at risk and we’re lucky Mr. Pelchat was arrested before anyone got hurt,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “Together with our law enforcement partners, the FBI will continue to do everything we can to make our communities safer.”
This matter was investigated by the Manchester Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Anna Dronzek.
###
Man Who Illegally Cut “Music Wood” Maple on Federal Land Sentenced to PrisonRead the Press Release
A long-time resident of the Olympic Peninsula was sentenced today in U.S. District Court in Tacoma to 30 days in prison for felling and stealing a big leaf maple on federal land near Olympic National Park, announced U.S. Attorney Annette L. Hayes. MICHAEL D. WELCHES, 63, pleaded guilty in October 2017 to depredation of government property for the timber theft that occurred in November 2013. At the sentencing hearing U.S. District Judge Robert J. Bryan said “These are very valuable trees and provide a great temptation. . . . People give into that temptation, but it's not appropriate. . . . It's just simple theft.”
“The natural resources in our federally protected lands belong to all of us, and to future generations not to thieves making a quick buck,” said U.S. Attorney Hayes. “But for an alert neighbor notifying a park ranger, this defendant would literally have gotten away like ‘a thief in the night.’”
According to records filed in the case, on November 11, 2013, a neighbor residing near the Elwha restoration project lands notified the Park Service that he had heard chainsaws in the middle of the night. The neighbor said he saw people in the woods wearing headlamps. The neighbor reported similar activity a few nights later. The ranger investigated in daylight and found a felled big leaf maple. He asked the neighbor to call him directly if he heard or saw additional activity. The next night, at 1:00 AM the neighbor alerted the ranger. Law enforcement responded and arrested WELCHES and two codefendants as they were cutting and loading the felled maple. A receipt indicated the men had sold the wood to a Quilcene, Washington music wood supplier. Wood retrieved from that supplier matched the wood from the felled maple.
The value of the timber as music wood is estimated to be $8,766. The tree as a living part of the Elwha ecosystem is irreplaceable.
In asking that WELCHES serve prison time, prosecutors noted that in 2004 he was convicted of illegally cutting trees on state timber trust land.
A second defendant, Matthew Hutto has pleaded guilty and is scheduled for sentencing next month. Defendant Richard Welches is being sought by law enforcement.
The case was investigated by the National Park Service Investigative Services Branch. The case is being prosecuted by Assistant United States Attorney Andre Penalver.
Man Sentenced for Sex with Minor and Production of Child PornographyRead the Press Release
ALEXANDRIA, Va. – A Culpeper man was sentenced to more than 15 years in prison today for sex with a minor and production of child pornography.
According to court documents, Fielding Smith Daniel, 53, met a young girl on a sugar daddy website in August 2016. Such websites are set up to facilitate interactions between wealthy older men and younger women who provide companionship in exchange for financial support. Daniel arranged to meet the girl for sex for money. The girl, who was 14 years-old, was staying with her grandmother in Stafford. Shortly after midnight on Aug. 11, 2016, Daniel picked her up from her grandmother’s house and brought her to a motel and had sex with her. Although they had negotiated a rate of $200, Daniel provided the girl with $100 after she wanted to leave early. A few weeks later, on Aug. 23, 2016, Daniel again arranged to have sex with the girl for money. On this occasion, the girl was with her 14-year-old friend. Daniel attempted to persuade the girl to have her friend watch them have sex, offering to pay her $300 if the friend watched. Daniel picked up the girl and her friend and brought them to a local hotel. The friend declined multiple offers to watch but the girl again had sex with Daniel for $140, while the friend stayed in the car. Afterwards Daniel dropped both girls off at a local Wal-Mart.
In early September 2016, the Stafford County Sheriff’s Office conducted a search of Daniel’s residence in Culpeper and found hundreds of online sexually explicit communications with women. Amongst those chats were two 2016 conversations involving girls who indicated to Daniel that they were minors and in high school. One of the minor girls produced pictures and videos of child pornography at Daniel’s request.
Daniel was sentenced to 182 months in prison, ordered to pay a $25,000 fine, a $10,200 special assessment, and will serve seven years of supervised release. Daniel also agreed to forfeit the 2016 BMW used in some of the crimes, as well as numerous electronic devices.
This case is 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 and click on the tab “resources” for more information about Internet safety education.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by U.S. District Judge Anthony J. Trenga. Assistant U.S. Attorneys Jay V. Prabhu and Whitney Russell prosecuted the case.
Significant support for the investigation was received from the Stafford County Commonwealth Attorney’s Office, the Stafford County Sheriff’s Office, and the U.S. Attorney’s Offices for the Western District of Virginia, the Eastern District of New York, and the Eastern District of Pennsylvania.
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. 1:17-cr-110 and 1:17-mj-145.
Lockheed Martin Agrees to Pay $4.4 Million to Resolve Claims It Provided Faulty Equipment to the Coast GuardRead the Press Release
SAN FRANCISCO - Defense contractor Lockheed Martin Corporation has agreed to a settlement valued at $4.4 million to resolve allegations that it violated the civil False Claims Act by providing defective communications systems for the United States Coast Guard’s National Security Cutters, announced Acting United States Attorney Alex G. Tse and Department of Homeland Security Office of the Inspector General Special Agent in Charge of the San Diego Field Office Amanda Thandi.
Lockheed, headquartered in Maryland, provided communications systems for the Coast Guard’s National Security Cutters. The United States alleges that the Radio Frequency Distribution System (RFDS) Lockheed provided fails to meet the requirement of transmitting and receiving several different radio signals at the same time without undue interference (known as simultaneous operations). The Coast Guard has taken delivery of the first six Cutters and three additional Cutters are under construction. All nine Cutters have versions of the same RFDS. To settle the allegations, Lockheed has agreed to pay $2.2 million, and to provide the Coast Guard with repairs to the RFDS on the nine Cutters at no charge. The repairs are valued at $2.2 million.
“This office remains committed to fighting fraud and false claims against the federal government,” said Acting U.S. Attorney Tse. “It is essential that the communications systems on the Coast Guard’s National Security Cutters work properly. I am pleased that Lockheed has agreed to repair the systems so that they fully function to support the Coast Guard’s important mission.”
The settlement, unsealed today, resolves a whistleblower lawsuit filed in the United States District Court for the Northern District of California. An engineer who formerly worked for Lockheed filed the case pursuant to the qui tam provisions of the False Claims Act. Under those provisions, private citizens, known as “relators,” may file lawsuits on behalf of the United States and receive a portion of the proceeds of a settlement or judgment. In this case, the relator will receive $990,000 as his share of the government’s recovery from Lockheed.
Assistant U.S. Attorney Sara Winslow is handling the case with the assistance of Kathy Terry. The settlement is the result of an investigation by the Department of Homeland Security Office of Inspector General and the U.S. Coast Guard Investigative Service. Technical aspects of the settlement were made possible by the verification and coordination of United States Navy engineers, led by the Principal Engineer from the Coast Guard.
Leader of New Haven Heroin Trafficking Ring Pleads GuiltyRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that ANTONIO GONZALEZ, also known as “Bienve,” 47, of New Haven, pleaded guilty yesterday before U.S. District Judge Jeffrey A. Meyer in New Haven to one count of conspiracy to possess with intent to distribute, and distribution of, one kilogram or more of heroin.
According to court documents and statements made in court, the DEA’s New Haven Tactical Diversion Squad targeted a New Haven-based heroin trafficking organization led by GONZALEZ and his brother, Bienvenido Gonzalez. The investigation, which included court-authorized wiretaps, controlled purchases of narcotics and physical and video surveillance, revealed that the Gonzalez brothers regularly purchased bulk quantities of heroin from suppliers located in the Bronx, New York, and sold the heroin through a network of redistributors in New Haven and elsewhere.
The investigation resulted in federal charges against 24 individuals.
ANTONIO GONZALEZ has been detained since his arrest on March 16, 2017. Judge Meyer scheduled sentencing for April 12, 2018, at which time GONZALEZ faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life.
Bienvenido Gonzalez pleaded guilty to the same charge on November 30, 2017. As part of his plea, he agreed to forfeit $10,000 in cash that was seized from a stash house he operated in East Haven, his interest in a New Haven barbershop located on Farren Street in New Haven, a Dodge Ram truck, and two race cars. He awaits sentencing.
The DEA’s New Haven Tactical Diversion Squad includes officers from the Bristol, Hamden, Milford, Monroe, New Haven, Shelton, Wallingford and Wilton Police Departments. The New Haven, East Haven and West Haven Police Departments, together with the U.S. Coast Guard, provided valuable assistance to the investigation.
This case is being prosecuted by Assistant U.S. Attorneys Natasha M. Freismuth and Patrick F. Caruso.
Leader of Las Vegas to Columbus Marijuana Ring SentencedRead the Press Release
COLUMBUS, Ohio – Adrian A. Douglas, 48, of Columbus, was sentenced in U.S. District Court to 144 months in prison for conspiracy to distribute more than 1,000 kilograms of marijuana and conspiracy to commit money laundering. Douglas led a Central Ohio marijuana trafficking ring that involved receiving UPS shipments of the drug from Las Vegas and mailing cash back to the supplier. He pleaded guilty to the two charges in June 2017.
Douglas’s son, Justin A. Douglas, 28, as well as Joshua N. Barron, 28, previously pleaded guilty to the same two charges. Justin Douglas was sentenced to 48 months in prison and Barron is scheduled for sentencing on January 30.
Raymond Tillman, 42, previously pleaded guilty to conspiracy to distribute more than 1,000 kilograms of marijuana and was sentenced to 60 months in prison. All three men are also Columbus residents.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Ryan L. Korner, Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation, Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA), Columbus Police Chief Kim Jacobs and other members of the Ohio Organized Crime Commission’s Central Ohio Drug Enforcement task force announced the sentence imposed today by U.S. District Judge Michael H Watson.
The Statement of Facts in this case details that between November 2015 and December 2016, investigators documented 264 packages sent via UPS from Las Vegas to Columbus. Those packages contained a total of more than 3,000 kilograms of marijuana.
Once co-conspirators distributed the marijuana in Central Ohio, they mailed cash back to the source of supply in Las Vegas. Investigators documented 41 packages shipped from Columbus to Las Vegas during the same timeframe.
For example, on December 7, 2016, an 18-pound package was shipped via UPS from Columbus to Las Vegas but was interdicted in Kentucky by law enforcement. The package contained more than $199,000 in cash.
On December 21, 2016, a series of search warrants were conducted at locations associated with the drug ring and turned up more than $331,000 in cash at Justin Douglas’s residence on Scioto Chase Blvd. An Additional $27,000 in cash was found at the residence of Adrian Douglas and more than $58,000 was seized from Raymond Tillman during a traffic stop.
All four defendants were indicted in February.
As part of the federal sentencing guidelines, which are advisory and not binding on the court, both the offense level and the criminal history of the defendant were taken into account. There are six criminal history categories, with category six including the most significant past criminal conduct. Douglas’s criminal history was classified as a category five.
U.S. Attorney Glassman commended the investigation of this case by the IRS Criminal Investigation, DEA and Columbus Police, as well as Assistant United States Attorney Kevin W. Kelley, who is representing the United States in this case.
# # #
Las Vegas Man Convicted of Receipt, Possession and Advertising of Child PornographyRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man was found guilty by a jury today of three counts relating to child pornography possession, receipt, and advertising, announced U.S. Attorney Dayle Elieson for the District of Nevada.
Following a four-day trial, James Scott Alva, 45, was found guilty of one count of receipt of child pornography, one count of possession of child pornography, and one count of advertising of child pornography. United States District Judge Robert C. Jones presided over the trial and scheduled sentencing for April 9, 2018. Alva faces the statutory maximum penalty of 30 years in prison and a $250,000 fine.
According to the indictment, Alva possessed and received images of child pornography. Furthermore, he made and published an advertisement offering to exchange, display, and distribute child pornography.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorneys Christopher Burton and Elham Roohani prosecuted the case.
The 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 U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood and for information about internet safety education, please visit www.justice.gov/psc.
###
Lake County Man Sentenced to 40 Years for Production and Transportation of Child PornographyRead the Press Release
Ocala, Florida – United States Attorney Maria Chapa Lopez announces that U.S. District Judge James D. Whittemore yesterday sentenced Thomas Edward Abney, Jr. (38, Leesburg) to 40 years in federal prison for production of child pornography and aiding and abetting the transportation of child pornography. The Court also ordered him to forfeit a cellular telephone used in the commission of the crimes.
Abney pleaded guilty to the charges on September 28, 2017.
According to court documents, in June 2017, Abney, a registered sex offender, contacted an undercover federal agent in an online chatroom frequented by individuals who have a sexual interest in children and incest. Abney sought images of child pornography from the agent and bragged that he recently had traded sexually explicit images of a toddler in his care to another person. Abney also claimed to have committed sex acts with this child and eventually sent the agent a photograph and an electronic link to an 11-minute movie file, all of which contained child pornography.
On June 29, 2017, the FBI executed a federal search warrant at Abney’s Leesburg residence and seized his smartphone. A forensic analysis of the phone showed that it contained sexually explicit images of the toddler that had been in Abney’s care. Abney admitted that he had used the smartphone to produce, distribute, receive, and possess child pornography, including the link to the eleven-minute movie file. He also confirmed that he recently had created and sent sexually explicit images of the toddler to another person over the Internet.
Abney is a registered sex offender in Florida due to multiple prior state convictions involving the use of a child in a sexual performance and the transmission of child pornography.
“The heinous acts committed by this defendant intensify to the FBI’s commitment to identify, investigate, and bring child predators to justice,” said Charles P. Spencer, Special Agent in Charge of the FBI Jacksonville Division. “The FBI Jacksonville Division is making every effort to protect our communities from those who target our innocent children."
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Lackawanna Man Pleads Guilty to Attempting to Provide Support to ISISRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.–U.S. Attorney James P. Kennedy, Jr. announced today that Arafat M. Nagi, 47, of Lackawanna, NY, pleaded guilty, before U.S. District Judge Richard J. Arcara, to attempting to provide material support and resources to a designated foreign terrorist organization. Specifically, Nagi admitted, in his plea, that the attempted to provide material support to a terrorist organization by personally traveling to Turkey in an effort to enter Syria and fight on behalf of ISIS. The charge carries a maximum penalty of 15 years in prison and a $250,000 fine.Assistant U.S. Attorneys Timothy C. Lynch and Joel L. Violanti, who are handling the case, stated that on August 28, 2014, a community member advised the Federal Bureau of Investigation that the defendant spoke about violent jihad to various people in the Lackawanna community and it was common for Nagi to get into verbal complaints over his jihadi beliefs.
Further investigation determined that the defendant pledged allegiance to ISIS and the leader of the terrorist group, Abu Bakr al Bagdadi. Investigators learned that the defendant traveled to Turkey on two occasions, in October 2012 and July 2014, with the intention of meeting with members of ISIS. Prior to traveling to Turkey, the defendant purchased a large number of military combat items, including a tactical vest, army combat shirt, body armor, Shahada Flag, combat boots, backpack, burn kit, a hunting knife, machete and night vision goggles. Once in Turkey, Nagi purchased a SIM card and activated a Turkish cell phone number. Facebook messages showed that the defendant contacted other individuals, who were prepared to help the defendant enter Syria to join ISIS, and exchanged Turkish cell phone numbers. In addition, evidence seized from the defendant’s electronic devices showed that the defendant, while in Turkey, was researching how to travel from Istanbul to cities close to the Syrian border.
During follow up interviews in December, 2014 and March 2015, the community member who alerted the FBI regarding Nagi’s actions stated that the defendant still possessed radical political and religious views. According to the individual, Nagi was angry about the killing of rebels in Yemen which he blamed on the United States; pledged an oath to ISIS leaders; expressed agreement with ISIS tactics, including the killing of innocent men, women, and children. The individual further reported that defendant planned to travel to Yemen and Turkey again soon.
“Arafat Nagi’s plea should serve as a sobering reminder that terrorism’s reach is not confined to obscure individuals operating in far-away lands,” noted U.S. Attorney Kennedy. “Nagi is not the first individual in our community who has sought to provide support to and fight on behalf of ISIS or some other terrorist organization. Likewise, he is not the first terrorist recruit to be turned over to law enforcement by others in the community. Today’s plea illustrates just how critical it is for all of us as members of this community to remain vigilant in our duty both to protect the lives of Americans at home and abroad and to preserve those values—such as liberty, tolerance, and justice—which define us as Americans around the world.”
“As important as catching those who would commit violence against our country, it is vital to cut off the money and counter their recruiting efforts which is the lifeblood of these organizations,” said Federal Bureau of Investigation Assistant Special Agent-in-Charge Philip E. Frigm, Jr.
The plea is the culmination of an investigation by the Federal Bureau of Investigation Joint Terrorism Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen. Assistance in the matter was also provided by the New York State Attorney General’s Office, under the direction of Eric Schneiderman.Sentencing is scheduled for May 7, 2018 at 12:30 p.m. before Judge Arcara.
Kentwood Man Indicted for Possession of Child PornographyRead the Press Release
RANDOLPH ARD (“ARD”), age 62, of Kentwood, Louisiana, was indicted today for possession of child pornography, announced United States Attorney Duane A. Evans.
On November 22, 2017, law enforcement officers with the Louisiana Bureau of Investigation arrested ARD at his Kentwood home after finding that ARD was in possession of several items, including a laptop computer and thumb drive that contained images depicting the sexual victimization of prepubescent children.
Court records also revealed that ARD was previously convicted in Tangipahoa Parish Criminal District Court for pornography involving juveniles and indecent behavior with juveniles on March 6, 2013. ARD was on state parole supervision at the time of his arrest.
U. S. Attorney Evans reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
Due to his prior conviction, if convicted, ARD faces a mandatory minimum penalty of ten (10) years imprisonment up to twenty (20) years, followed by up to a life term of supervised release, and a $250,000.00 fine.
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."
U.S. Attorney Evans praised the work of the U. S. Department of Homeland Security, Homeland Security Investigations, the Louisiana Bureau of Investigation, and Louisiana Probation and Parole in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U. S. Attorney Brian M. Klebba.
Kentucky Man Charged with Assaulting a Member of CongressRead the Press Release
Victim attacked while mowing his yard.
PRESS RELEASE
Indianapolis-Josh J. Minkler, the United States Attorney for the Southern District of Indiana, announced today that Rene A. Boucher, 58, Bowling Green, Kentucky, has been charged with assaulting a member of congress resulting in personal injury, a felony under federal law.
“Assaulting a member of Congress is an offense we take very seriously,” said Minkler. “Those who choose to commit such an act will be held accountable.”
According to court documents, Boucher and the victim are neighbors in Bowling Green, Kentucky. On November 3, 2017, the victim was mowing his yard while wearing headphones. Boucher allegedly witnessed the victim stack brush onto a pile near the victim’s property and “had enough.” Boucher ran onto the victim’s property and tackled the victim. As a result of this assault, the victim suffered multiple fractured ribs and subsequently contracted and required medical attention for pneumonia. Boucher admitted the assault but denied it was politically motivated.
The United States Attorney’s Office for the Southern District of Indiana was assigned the case following the recusal of the United States Attorney’s Office for the Western District of Kentucky where the offense is alleged to have been committed.
Boucher has signed a plea agreement but no date has been set for the taking of his guilty plea and the imposition of sentence.
This case was investigated by the Louisville office of the Federal Bureau of Investigation.
"Just as we are committed to protecting the American people, the FBI will not tolerate violence directed against members of Congress," said Special Agent in Charge Amy S. Hess of the FBI's Louisville field office. "Those who choose to assault any federal official are certain to face serious consequences."
No future court dates have been set.
An information is only a charge and not evidence of guilt. All defendants are presumed innocent until proven otherwise in federal court.
According to Assistant United States Attorney Bradley P. Shepard of the United States Attorney’s Office for the Southern District of Indiana who is prosecuting this case as a Special Attorney to the United States Attorney General, Boucher faces up to 10 years’ imprisonment and a fine of up to $250,000.
###
Jemez Pueblo Man Pleads Guilty to Federal Voluntary Manslaughter ChargeRead the Press Release
Charge
ALBUQUERQUE – Raymond Gachupin, 23, an enrolled member and resident of Jemez Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a voluntary manslaughter charge. Under the terms of his plea agreement, Gachupin will be sentenced within the range of 18 to 78 months in prison followed by a term of supervised release to be determined by the court.
The FBI and Jemez Pueblo Tribal Police Department arrested Gachupin in July 2016, on a criminal complaint charging him with killing a Jemez Pueblo man by suffocating him on July 1, 2016, in Jemez Pueblo in Sandoval County, N.M. Gachupin subsequently was indicted on July 28, 2016, and was charged with second-degree murder.
During today’s proceedings, Gachupin pled guilty to a felony information charging him with voluntary manslaughter. In entering the guilty plea, Gachupin admitted that on July 1, 2016, he strangled the victim during a physical altercation. Gachupin further admitted that the victim became unconscious, suffered a cardiac event, and died as the result of Gachupin’s actions. Gachupin remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Jemez Pueblo Tribal Police Department. Assistant U.S. Attorneys Joseph M. Spindle and Elisa Dimas and Special Assistant U.S. Attorney Lucy B. Solimon are prosecuting the case.
Jacksonville Women Sent to Prison After Embezzling More Than $425,000 from UnionRead the Press Release
LITTLE ROCK—Cody Hiland, United States Attorney for the Eastern District of Arkansas, and Michelle Hussar, District Director for the United States Department of Labor Office of Labor Management Standards, announced today that Chief United States District Judge Brian S. Miller sentenced Jeni May Hughes, 51, of Jacksonville, to 30 months in federal prison for embezzling more than $425,000 from Plumbers and Pipefitters Local Union No. 155 (Local 155).
In addition to 30 months in prison followed by three years of supervised release, Judge Miller ordered Hughes to pay $428,874.47 in restitution. Hughes served as the office manager for Local 155 for more than 15 years. Her official duties included collecting monthly dues from the organization’s roughly 900 members, depositing the funds, and maintaining Local 155’s ledger.
On the eve of an outside audit in March 2016, Hughes abruptly tendered her resignation. In the weeks that followed, auditors gradually uncovered a $428,874.47 shortfall in union receipts. This prompted a formal Department of Labor investigation. It revealed that from January 2005 until her departure in March 2016 Hughes routinely failed to deposit Local 155’s cash dues, instead diverting the funds into her own personal account.
"We are a Local Union made up of hard working men and women who are not looking for a hand out," said Local 155 in a letter to the Court signed by more than 100 of its members. "The money [Hughes] stole came from our members" and was to be used to "train all members, provide[] health insurance, and a pension. The same benefits we provided for her."
The Office of Labor Management Standards makes available labor union reports, compliance tips and other publications on its website, www.dol.gov/olms. The United States Department of Labor conducted the investigation. Assistant United States Attorney Alexander D. Morgan prosecuted the case for the United States.
Investment Adviser and Broker Sentenced for Securities Fraud SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that CHRISTOPHER CERVINO, a/k/a “Smitty,” was sentenced to one year and one day in prison, and SHEIK F. KHAN, a/k/a “Abida Khan,” was sentenced to 53 months in prison for their roles in a securities fraud scheme involving the shares of a publicly traded company called VGTel, Inc. (“VGTL”). CERVINO and KHAN were convicted after a three-week jury trial before U.S. District Judge Andrew L. Carter, who imposed yesterday’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Securities broker Christopher Cervino and investment adviser Sheik Khan created a massive web of lies to defraud investors of millions of dollars. They manipulated the market, and their clients’ trust, to ensure they made money. Thankfully their days of deceptive trading and investing are over, and they will spend time in prison for their crimes.”
According to the Indictment other filings in Manhattan federal court, evidence at trial, and statements made in court proceedings:
The securities fraud scheme was conceived and led by Edward Durante, a recidivist securities fraud defendant, who pled guilty in August 2016 to various crimes related to the scheme, including conspiracy, securities fraud, money laundering, and perjury. As part of the scheme, Durante, CERVINO, KHAN, and others conspired to control and manipulate the public stock of VGTL in order to artificially inflate the stock price and trading volume so as to profit from sales of VGTL stock and to further induce investments in private shares of VGTL.
Durante, through entities he controlled, held a majority of the publicly traded stock of VGTL. Durante recruited CERVINO, a broker, to open brokerage accounts associated with Durante-controlled entities and investors who were clients of KHAN, an investment adviser. Many of KHAN’s clients had no idea that KHAN and Durante had opened accounts on their behalf with CERVINO. KHAN, along with Durante, then induced her clients to purchase VGTL stock through CERVINO – sometimes without the clients’ knowledge or permission – while Durante and CERVINO ensured that many of these purchases were matched with sales of VGTL stock by Durante-controlled accounts. The reality of these transactions was that Durante and his co-conspirators were effectively taking both sides of a single transaction in VGTL stock in order to artificially control VGTL’s stock price. The defendants’ efforts to artificially inflate the market for VGTL increased the stock price from approximately $.25 per share to as much as $1.90 during the course of the scheme, and dramatically inflated the trading volume, which increased the defendants’ abilities to raise private investments in VGTL and to unload Durante-controlled shares at artificially high prices at the expense of victim investors. To compensate CERVINO for his efforts to control and manipulate the market in VGTL, Durante made at least two cash payments to CERVINO totaling $35,000, in addition to the substantial commissions CERVINO received for executing trades in VGTL. For her part, KHAN received more than $400,000 from Durante, including more than $100,000 in payments for liquidating her clients’ investments in safe annuities so that the money could then be invested into VGTL. In total, CERVINO purchased more than $3.5 million of VGTL shares in client accounts controlled by KHAN and/or Durante. The VGTL shares were ultimately worthless and clients lost the entirety of their investments.
* * *
In addition to the prison term, CHRISTOPHER CERVINO, 45, was sentenced to three years of supervised release and ordered to forfeit $35,000.
In addition to the prison term, SHEIK F. KHAN, 54, was sentenced to three years of supervised release and ordered to forfeit $290,787.
Restitution for both defendants will be determined at a later date.
Mr. Berman praised the work of the Federal Bureau of Investigation and the U.S. Postal Inspection Service, and thanked the Securities and Exchange Commission for its assistance.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Andrea M. Griswold and Rebecca Mermelstein are in charge of the prosecution.
Indiana Man Sentenced to 8 Years in Federal Prison for Bringing Guns and Ammunition to Chicago Area and Illegally Selling ThemRead the Press Release
CHICAGO — An Indiana man has been sentenced to eight years in federal prison for bringing firearms and ammunition across the border into Chicago and illegally selling them.
DARICK HUDSON, 47, of Michigan City, Ind., sold six firearms and ammunition on three occasions in the fall of 2015. The weapons included five handguns and a rifle. Unbeknownst to Hudson, the buyer was cooperating with law enforcement.
Hudson also agreed to sell to the cooperating individual four additional firearms – two shotguns, a rifle and a handgun – but he fled from the transaction location when Chicago Police officers approached his vehicle. Hudson drove into Indiana, where law enforcement officers ultimately stopped his vehicle and apprehended him.
Hudson previously pleaded guilty to illegal possession of a firearm by a felon. On Jan. 10, 2018, U.S. District Judge Rebecca R. Pallmeyer imposed a 96-month prison sentence.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Celinez Nunez, Special Agent-in-Charge of the Chicago Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives; and Eddie Johnson, Superintendent of the Chicago Police Department. The LaPorte County (Ind.) Sheriff’s Office and the Lake County (Ind.) Sheriff’s Office provided valuable assistance.
“The defendant trafficked in and attempted to profit from violence,” Assistant U.S. Attorney Brian S. Wallach argued in the government’s sentencing memorandum. “There is a need to make clear to individuals who find themselves in a similar position that a decision to pick up firearms – whether for personal use or to sell – will have serious consequences.”
The three successful sales occurred in October and November 2015. The transactions occurred in a store parking lot on Torrence Avenue in south suburban Lansing, a store on 83rd Street in Chicago, and a store parking lot on River Oaks Drive in south suburban Calumet City. In exchange for the six firearms and ammunition, the informant paid Hudson a total of $2,550 in cash.
The fourth sale was supposed to have occurred in a store parking lot on 79th Street in Chicago. When the informant arrived at the meeting, Hudson directed him to an alternative location – a store on 159th Street in Calumet City. Shortly after Hudson arrived at the new location, Chicago Police officers approached his vehicle, and Hudson fled to Indiana. Law enforcement officers subsequently stopped his vehicle in Michigan City, Ind., and took him into custody.
Indiana Man Sentenced on Charges Relating to a Kickback Scheme at the John Cochran VA CenterRead the Press Release
St. Louis, MO – Tony Pedretti was sentenced to 20 months in prison to his role in a kickback scheme that ran for three years while he supervised the HVAC shop and the John Cochran Veterans Administration Medical Center in St. Louis from 2012 to 2015.
According to court documents, Pedretti conspired with Scott Geary, David Graham and others to collect kickbacks for work done at the HVAC shop. Pedretti was authorized to pay up to $2500 to outside contractors without prior approval and most of the jobs involved in the scheme were near that limit. It was a part of the parties’ agreement that, for each job, Pedretti would receive a cash kickback. In all, Pedretti admitted that more than $270,000 in work was let by him in furtherance of the kickback scheme.
Pedretti, 43, of Whiting, Indiana, pled guilty in May 2017
Scott Geary and David Graham have already pleaded guilty and been sentenced for their roles in the scheme.
This case was investigated by the United States Department of Veterans Affairs – Office of the Inspector General and the FDIC – Office of the Inspector General. Assistant United States Attorney Tom Albus is handling the case for the U.S. Attorney’s Office.
Idaho Man Sentenced to 15 Years for Attempting to Entice A Minor to Engage in Sexual ActivityRead the Press Release
Orlando, Florida – United States District Judge Paul G. Byron has sentenced Scott Foster (50, Caldwell, Idaho) to 15 years in federal prison and 20 years of supervised release for attempting to entice a minor to engage in sexual activity. The Court also ordered him to forfeit a cell phone, that had been was used in connection with the offense.
Foster pleaded guilty on October 4, 2017.
According to court documents, between January 18, 2017, and March 29, 2017, Foster exchanged over 100 email and text communications with an undercover agent posing as the father of a 12-year-old fictitious minor, with the purpose of coordinating a sexual encounter with the minor. Foster then traveled to Orlando, and thereafter to a meeting location where he believed he would meet the minor. When he arrived at the location, Foster was arrested. During an interview with law enforcement, Foster admitted that he enjoyed “family taboo” and that he had received child pornography and talked to other individuals via the Internet about sexual activity with children. The investigation further revealed that Foster had emailed another individual about his desire to engage a 10-year-old female in sadistic sexual activity.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Horry County Man Pled Guilty to Illegal Re-entry ChargesRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Miguel Pedroza-Naquid, age 29, from Horry County, pled guilty in federal court in Florence, South Carolina, to Illegal Re-Entry into the United States after deportation, a violation of 8 U.S.C. § 1326(a)(2). United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that on August 20, 2017, ICE-Enforcement Removal Operations Officers in Charleston, SC, discovered Miguel Pedroza-Naquid, while he was in custody at the J. Reuben Long Detention Center on state charges. Records checks revealed that Pedroza-Naquid was a native and citizen of Mexico who had previously been deported from the United States. Pedroza-Naquid has never received permission to enter or remain in the U.S.
Ms. Drake stated the maximum penalty Miguel Pedroza-Naquid can receive is imprisonment for 2 years and a fine of $250,000.00.
The case was investigated by the Myrtle Beach Police Department and agents of ICE-Enforcement Removal Operations. Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.
#####
Horry County Man Pled Guilty in Federal Court to Drug ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Artemio Bustos Solano, age 40, of Horry County, S.C., pled guilty in federal court in Florence, South Carolina. Solano pled guilty to conspiracy to distribute cocaine, a violation of Title 21, United States Code, Section 846. United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the guilty plea hearing established that in the later part of 2010, agents learned from a confidential informant that Solano and a co-defendant, who previously pled guilty and has been sentenced, were involved in the distribution of multiple kilograms of cocaine in the Horry County area. The informant was able to approach Solano and the co-defendant and arrange for the controlled purchase of two kilograms of cocaine from them. Solano negotiated the details of the deal which was to take place on April 8, 2011, in the parking lot of a grocery store on Highway 701N in Conway. On April 8, the informant brought the “buy money” to the grocery store parking lot and showed it to the co-defendant who then left to retrieve the cocaine from Solano’s residence. After the co-defendant returned to the grocery store with the cocaine, agents arrested the co-defendant and seized the two kilograms. However, agents were not able to apprehend Solano at the scene. He was not arrested until September 2017.
Ms. Drake stated the maximum penalty Solano can receive is imprisonment for 20 years and a fine of $1,000,000.00.
The case was investigated by agents of ICE- Homeland Security Investigations with the assistance of the 15th Circuit Drug Enforcement Unit (DEU). Assistant United States Attorney A. Bradley Parham of the Florence office handled the case.
#####
Honduran Congressman Charged with Conspiring to Import Cocaine into the United States and Related Firearms OffensesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Raymond Donovan, the Special Agent in Charge of the Special Operations Division of the U.S. Drug Enforcement Administration (“DEA”), announced that Honduran congressman Fredy Renan Najera Montoya (“NAJERA”) was charged yesterday in Manhattan federal court with conspiring to import cocaine into the United States and related weapons offenses involving the use and possession of machineguns and destructive devices.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, Fredy Renan Najera Montoya used his power and influence as a Honduran congressman to help facilitate the transport of huge quantities of cocaine from Colombia through Honduras, and ultimately to the streets of the United States. Along with the DEA, we are committed to attacking the drug trade at every level, regardless of a defendant’s status. We look forward to trying Najera on U.S. soil.”
Special Agent in Charge Raymond Donovan said: “As alleged, Fredy Renan Najera Montoya used his position in the Honduran Congress to facilitate huge amounts of drug trafficking and corruption, while using security teams possessing dangerous and deadly weapons that threaten the rule of law and innocent lives. DEA will continue to go after these dangerous criminal individuals and their violent networks with our counterparts across the world utilizing every law enforcement tool at our disposal.”
As alleged in the Superseding Indictment unsealed in federal court:[1]
From 2009 up to 2014, multiple drug trafficking organizations in Honduras and elsewhere worked together, and with support from NAJERA and others, to receive multi-hundred-kilogram loads of cocaine sent to Honduras from, among other places, Colombia via air and maritime routes, and to transport the drugs westward in Honduras toward the border with Guatemala and eventually to the United States. For protection from official interference, and in order to facilitate the safe passage through Honduras of multi-hundred-kilogram loads of cocaine, drug traffickers paid bribes to public officials, including certain members of the National Congress of Honduras.
NAJERA is a member of the National Congress of Honduras who participated in and supported the drug trafficking activities of large-scale drug traffickers in Honduras and high-ranking members of Mexico’s Sinaloa Cartel. For example, NAJERA facilitated the receipt of cocaine-laden aircraft at clandestine landing strips in Honduras that were protected by heavily armed security personnel so that the cocaine could be transported through Honduras, sold to the Sinaloa Cartel, and imported into the United States. NAJERA also participated in a maritime cocaine trafficking venture that involved a $50,000 bribe paid to Fabio Porfirio Lobo, whose father was the President of Honduras at the time of the payment. On September 5, 2017, in United States v. Lobo, No. 15 Cr. 174 (LGS), U.S. District Judge Lorna G. Schofield sentenced Lobo principally to 24 years in prison based on his conviction for participating in a conspiracy to import cocaine into the United States.
* * *
The Superseding Indictment charges NAJERA, 41, with three counts: (1) conspiring to import cocaine into the United States, which carries a mandatory minimum sentence of 10 years in prison and a maximum term of life imprisonment; (2) using and carrying machine guns and destructive devices during, and possessing machine guns and destructive devices in furtherance of, the cocaine-importation conspiracy, which carries a mandatory minimum sentence of 30 years in prison and a maximum term of life imprisonment; and (3) conspiring to use and carry machine guns and destructive devices during, and to possess machine guns and destructive devices in furtherance of, the cocaine-importation conspiracy, which carries a maximum term of life imprisonment.
Mr. Berman praised the outstanding efforts of the DEA’s Special Operations Division Bilateral Investigations Unit, New York Strike Force, and Tegucigalpa Country Office, as well as the U.S. Department of Justice’s Office of International Affairs.
This case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Emil J. Bove III and Mathew J. Laroche are in charge of the prosecution.
The charges contained in the Superseding Indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty. The potential mandatory minimum and maximum sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment and the description of the Superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Hendricks County man indicted on tax evasion chargesRead the Press Release
Alleged to owe over $1 million in taxes
PRESS RELEASE
Indianapolis-Josh J. Minkler, the United States Attorney for the Southern District of Indiana, announced today the indictment on federal tax evasion charges against a Brownsburg man. Scott C. Cole, 53, was indicted on two counts of tax evasion.
“We all have an obligation to pay our share of taxes to keep our government operating,” said Minkler. “Those who choose to steal from the government and expect others to carry the tax burden will be held accountable.”
The indictment alleges that on April 11, 2008, the IRS mailed a notice to Cole and his wife stating they omitted approximately 1.2 million of income and approximately $1.3 million in self-employment income from their 2001 tax return. The IRS assessed an income tax deficiency of $556,187 and a fraud penalty of $417,140. Further, the tax court ruled that Cole’s 2002 tax return was deficient by nearly $54,000, assessing a penalty of $40,458 in addition to the $14,261 that was due. Cole disputed his tax liability but the Federal Tax Court and the U.S. Court of Appeals affirmed the IRS assessment.
The indictment further alleges that Cole attempted to evade and defeat tax payments by opening bank accounts with artificial company names and directed payment for services he rendered to the same artificial companies. He paid personal expenses through third-party business accounts, dealt extensively in cash and filed false 1040 tax returns understating taxable income.
This case was investigated by the Internal Revenue Service Criminal Investigation.
Gabriel Grchan, Special Agent in Charge of IRS Criminal Investigation stated, "I am pleased to join the United States Attorney in announcing tax evasion charges against Mr. Cole. IRS-Criminal Investigation is the first line of defense against those that choose to evade their federal tax obligations. With the 2018 tax filing season upon us, these charges should send a strong warning that those who illegally hide their income will be held accountable."
Cole had his initial appearance before a magistrate judge yesterday. He was released on GPS monitoring and must follow a strict curfew. His trial date is set for March 19, 2018.
An indictment is only a charge and not evidence of guilt. All defendants are presumed innocent until proven otherwise in federal court.
According to Assistant United States Attorney James M. Warden who is prosecuting this case for the government, Cole faces up to five years’ imprisonment and a fine of up to $250,000 for each count if convicted as well as full restitution to the government.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilize and partner with the law enforcement agencies to prosecute individuals engaged in income tax evasion. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 5.4.
###
Harrison County man admits to illegal firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Shinnston, West Virginia man has admitted to unlawfully possessing a firearm, United States Attorney Bill Powell announced.
Steven Scott Nestor, age 35, pled guilty to one count of “Unlawful Possession of a Firearm.” Nestor, having previously been convicted of a felony in Harrison County Circuit Court, admitted to possessing a 9mm caliber pistol. The crime occurred in May 2017 in Harrison County, West Virginia.
Nestor faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Traci M. Cook is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Government Files Intent to Seek Death Penalty Against Champaign Man Charged with Kidnapping, Death of Chinese ScholarRead the Press Release
URBANA, Ill. – The government today filed its notice of intent to seek the death penalty against Brendt A. Christensen, 28, of Champaign, Ill. Christensen is charged with the kidnapping resulting in death of visiting Chinese scholar Yingying Zhang on June 9, 2017.
The filing, a copy of which is attached, follows the decision and directive by Attorney General Jeff Sessions to seek the death penalty against Christensen.
In seeking a sentence of death, the government states that the circumstances of the offense of kidnapping resulting in death, as charged in count one of the superseding indictment returned on Oct. 3, 2017, are such that, in the event the defendant is convicted of committing the crime, a sentence of death is justified.
The superseding indictment returned against Christensen alleges that he held Yingying Zhang, identified as Y.Z. in court filings, on June 9, 2017, and that he used a cellular telephone and Saturn Astra motor vehicle, both instruments of interstate commerce, to commit and in furtherance of the commission of the offense; and, that the kidnapping resulted in the death of Zhang.
The notice to seek a sentence of death includes intent factors that allege Christensen acted with intent against the victim, Y.Z.; and that his intentional acts of violence resulted in the victim’s death. The notice sets forth statutory aggravating factors including that Y.Z.’s death occurred during the commission of a kidnapping; that the offense was committed in an especially heinous, cruel or depraved manner, in that it involved torture or serious physical abuse; and, that Christensen committed the offense after substantial planning and premeditation.
In addition, the notice alleges non-statutory aggravating factors that were not previously asserted, including victim impact evidence related to Y.Z.’s loss and the impact of her death upon her family, friends, and co-workers; the future dangerousness of the defendant; his lack of remorse; other serious acts of violence allegedly committed by Christensen; the vulnerability of the victim, Y.Z., due to her small stature and limited ability to communicate in English; and, the defendant’s alleged attempt to obstruct the investigation by making false statements to investigators, destroying or concealing the victim’s remains, and sanitizing the crime scene.
Christensen was arrested and charged by criminal complaint on June 30, 2017. On July 5, U.S. Magistrate Judge Eric I. Long ordered that Christensen remain detained in the custody of the U.S. Marshals Service pending trial.
The Federal Bureau of Investigation and the University of Illinois Police Department conducted the investigation.
Assistant U.S. Attorneys Bryan D. Freres and Eugene L. Miller are representing the government on behalf of the U.S. Attorney’s Office, Urbana Division.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Glenburn Man Sentenced to 100 Months in Prison for Unlawfully Possessing FirearmsRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that yesterday, United States District Judge John A. Woodcock sentenced Jonathan Gardiner, 31, of Glenburn, to 100 months in prison, followed by three years of supervised release, for unlawfully possessing firearms. Gardiner pleaded guilty to the charges on April 24, 2017.
According to court records, on November 13, 2014, Penobscot County Sherriff’s Office deputies went to Gardiner’s residence in Glenburn in response to the discharge of a firearm. Gardiner ran away from the deputies and disposed of a 9 mm pistol outside of the residence. Deputies entered the residence and located a 12-gauge sawed-off shotgun hidden above Gardiner’s bedroom. Forensic testing revealed that Gardiner’s DNA was on the trigger of the sawed-off shotgun and his fingerprints were on the sawed-off shotgun and on the pistol. Gardiner was prohibited from possessing firearms because of Maine felony convictions for burglary, aggravated assault, theft by unlawful use of property, and drug trafficking. In imposing sentence, Judge John Woodcock reviewed Gardiner’s extensive criminal history and noted that he had long been prohibited from possessing any firearms.
The investigation was conducted by the Penobscot County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Maine State Police Crime Laboratory. This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Gangster Disciple “Governor” Sentenced to 360 Months in Federal PrisonRead the Press Release
Jackson, TN – A Gangster Disciple member was sentenced to 360 months imprisonment and five years of supervised release for conspiring to participate in a racketeering enterprise.
Attorney General Jeff Sessions, Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney D. Michael Dunavant of the Western District of Tennessee, Special Agent in Charge, Michael T. Gavin of the Federal Bureau of Investigation (FBI) and Acting Special Agent in Charge Jack Webb of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), made the announcement.
Byron Montrail Purdy, a/k/a "Lil B" or "Ghetto," 38, of Jackson, Tennessee, was sentenced by U.S. District Judge John T. Fowlkes, Jr. Purdy previously pleaded guilty to conspiracy to participate in racketeering activity.
United States Attorney D. Michael Dunavant said: "Attorney General Sessions has made it clear that the top priority for the Department of Justice is violent crime reduction, and here in the Western District of Tennessee, we are vigorously pursuing that priority by using the full complement of government resources and partnering with local and state law enforcement to disrupt racketeering conspiracies and dismantle criminal gangs. This case demonstrates our resolve to aggressively prosecute those who engage in organized criminal enterprises and gang conspiracies to commit violent crimes and narcotics and weapons offenses in furtherance of racketeering. This office is proud to work with our federal, state and local law enforcement partners to disrupt the Gangster Disciples gang and hold them accountable for the violence and lawlessness that they perpetrate across West Tennessee. The message from this case is clear: If you are a member of a criminal gang, your days are numbered, and there will be a reckoning."
The Gangster Disciples is a highly organized national gang active in more than 24 states. The scope of the Gangster Disciples’ crimes is wide-ranging and consistent throughout its national operation. The gang protects its power through threats, intimidation, and violence, including murder, attempted murder, assault, and obstruction of justice. Members and associates of the gang are subject to a strict code of discipline and are routinely fined, beaten, and even murdered for failing to follow the gang’s rules. The Gangster Disciples promotes its enterprise through member-only activities and provides financial and other support to members charged with or incarcerated for gang-related offenses or who are fugitives from law enforcement.
The highest-ranking Gangster Disciple within the State of Tennessee holds the title of "Governor." The Governor manages gang activities within Tennessee and is responsible for coordinating much of the criminal activity that occurs within the state.
Acting ATF Special Agent in Charge Jack Webb remarked, "ATFs priority of reducing violent crime is a result of the sentencing of the criminal element that have preyed on our communities. The collaborative efforts of law enforcement and the U.S. Attorney’s Office continue to provide a safe environment for the public."
"We focus our investigations on the leadership of the criminal organizations that sell and distribute illegal drugs and use violence against anyone who gets in their way," said Michael T. Gavin, Special Agent in Charge of the Memphis Field Office of the Federal Bureau of Investigation. "This sentencing is the result of the dogged efforts and precision investigating by the FBI and our law enforcement partners to disrupt and dismantle criminal organizations that prey on our communities."
According to his plea agreement, Purdy was a ranking member of the Gangster Disciples and at time of indictment and arrest on this case served as the Governor for the State of Tennessee. As the highest leader for the Gangster Disciples, Purdy directed other members and associates of the gang to carry out unlawful activities in furtherance of the conduct of the gang’s affairs. Purdy was responsible for coordinating criminal activities with other Gangster Disciples gang leaders throughout the United States, supervising the criminal activities of the gang, issuing orders to kill rivals and disobedient gang subordinates, and presiding over Gangster Disciples meetings.
Captain Phillip Kemper of the Jackson Police Department’s Special Operations Division said: "Today’s sentence of 30 years for Byron Purdy’s gang activity should send a serious warning to gang members of all factions in Jackson, Memphis and throughout West Tennessee that their continued reign of terror through actions of violence, intimidation, and all manner of firearms and narcotics trafficking will eventually come to an end. This investigation of Purdy included crimes involving racketeering activity, which spanned two and half decades. Byron Purdy, who was the head of the Gangster Disciple enterprise for the State of Tennessee will now spend the majority of his adult life in Federal Prison. Gang life only leads to two places: the grave, or prison for an extended period of time. Jackson, West Tennessee and the United States of America are safer places today as a result of this sentence."
Purdy also participated directly in the activities of the gang, including acts involving murder, kidnapping, assault, narcotics distribution, intimidation of witnesses, and weapons trafficking. Purdy’s participation in the criminal activities of the Gangster Disciples spanned approximately twenty years.
This case was investigated by the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); the Memphis Multi-Agency Gang Unit; Memphis Police Department; Shelby County Sheriff’s Office; Jackson Police Department Gang Enforcement Team; Tennessee Bureau of Investigation; Madison County Sheriff’s Department; 28th District West Tennessee Drug Task Force; Tipton County Sheriff’s Office; 26th Judicial District Attorney General’s Office; 25th Judicial District Attorney General’s Office; Atascosa County District Attorney’s Office; and the Shelby County District Attorney General’s Office.
Assistant U.S. Attorneys Beth Boswell of the Western District of Tennessee and Samuel Stringfellow of the Northern District of Mississippi and Trial Attorney Francesca Liquori of the Criminal Division’s Organized Crime and Gang Section are prosecuting this case on the government’s behalf.
###
Franklin Man Sentenced to 50 Years for Producing Child PornographyRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Brad Smith, 33, of Franklin, New Hampshire was sentenced to 50 years in federal prison for producing child pornography. A jury previously found Smith guilty of six counts of producing child pornography after a three-day trial in April 2017.
Evidence presented at trial showed that in January of 2016, law enforcement officers in Lafayette, Louisiana received a tip that an email address associated with the defendant was distributing child pornography. Officers traced the email address to a farm in Breaux Bridge, Louisiana, where the defendant was living at the time. With the defendant’s consent, officers conducted an analysis of a hard drive owned by the defendant and uncovered a series of videos apparently created by the defendant. The investigation determined that the defendant had filmed himself engaging in multiple sexual acts with a three-and-half-year-old child in Loudon, New Hampshire. The defendant saved the videos to a hard drive and took them with him to Louisiana.
“Today's sentence demonstrates that this community will not tolerate the horrific acts that the defendant committed against a defenseless young child,” said Acting U.S. Attorney Farley. “The United States Attorney’s Office and our law enforcement partners will work tirelessly to prosecute individuals who steal the innocence of young victims. I commend the performance of the law enforcement officers and prosecutors whose work secured this very substantial sentence. I hope that the sentence provides some comfort to the victim’s family.”
“This case, which involved dedicated work from Homeland Security Investigations (HSI) both in Louisiana and in New Hampshire, as well as local, state and other federal law enforcement, serves as a testament to what persistent, professional investigative work can achieve,” said Michael Shea, Acting Special Agent–In -Charge, HSI, Boston. “HSI is proud to be part of the team that helped bring about justice in this truly disturbing case of child victimization.”
The investigation in this case was led by Homeland Security Investigations in Lafayette, Louisiana and Manchester, New Hampshire, the Louisiana State Police, and the Concord, New Hampshire Police Department with the assistance of the New Hampshire Internet Crimes Against Children Task Force. The case was prosecuted by Assistant United States Attorneys Seth Aframe and Georgiana Konesky.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
###
Former Middle School Teacher Sentenced to over 12 Years for Receipt of Child PornographyRead the Press Release
Orlando, Florida – United States District Judge Paul G. Byron yesterday sentenced Andres Fernando Cabezas (34, Leesburg) to 12 years in federal prison and 20 years of supervised release for receipt of child pornography. The Court also ordered him to forfeit a cell phone that had been used in connection with the offense.
Cabezas pleaded guilty on October 18, 2017.
According to court documents, on or about May 8, 2017, Cabezas retrieved and viewed a video known as “Daisy’s Destruction” via the Dark web, which depicts a female toddler (approximately 18 months old) being severely whipped, burnt, and sexually abused by a young female. The investigation also revealed that Cabezas had engaged in text communications with an undercover agent posing as a 12-year-old female. In those communications, Cabezas attempted to groom the “minor” and persuade her to have oral and vaginal sex with him. He also bought an emergency contraceptive pill for the “minor.”
After Cabezas’ arrest, he admitted to being attracted to girls approximately 12 years old since he was that age. Cabezas was a teacher at Carver Middle School in Leesburg, Florida.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Fitchburg Postal Employee Pleads Guilty to Obstruction of MailsRead the Press Release
BOSTON – A former Fitchburg postal employee pleaded guilty today in federal court in Worcester to obstruction of mails.
Stephen Lehto, 37, pleaded guilty to a misdemeanor count of obstruction of mails. U.S. District Court Magistrate Judge David H. Hennessy scheduled sentencing for April 13, 2018.
While working as a postal carrier for the United States Postal Service (USPS) at the Fitchburg Post Office between June 2016 and January 2017, Lehto began taking mail home instead of delivering it along his route. Law enforcement agents received a tip and interviewed Lehto at his home. Lehto admitted to taking mail home and provided consent to the agents to search his vehicle for mail. The agents located and recovered a total of 758 pieces of mail from Lehto’s vehicle, 341 pieces of which were first class pieces of mail.
The charge of obstruction provides for a sentence of no greater than six months in prison, one year of supervised release and a fine of $5,000. The sentence imposed will be determined by a federal magistrate judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Eileen Neff, Special Agent in Charge of the Northeast Area Field Office, United States Postal Service Office of Inspector, made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett of Lelling’s Worcester Branch Office is prosecuting the case.
Former Department of Veterans Affairs Police Officer Indicted for Civil Rights Violation and Obstruction of JusticeRead the Press Release
A former police officer with the Veterans Affairs Medical Center Police Department in Indianapolis, Indiana, has been indicted on federal civil rights and obstruction charges, announced Acting Assistant Attorney General for the Civil Rights Division John Gore, United States Attorney for the Southern District of Indiana Josh J. Minkler, and Federal Bureau of Investigation (FBI) Special Agent in Charge of the Indianapolis Division W. Jay Abbott.
The indictment charges that on April 18, 2017, Michael Kaim, 27, assaulted a patient whom he was in the process of arresting outside of the Richard L. Roudebush Veterans Affairs Medical Center. As a result of the assault, the patient sustained bodily injury. The indictment also charges the defendant with obstructing justice by writing a false report about the arrest.
The civil rights charge carries a maximum penalty of 10 years, and the obstruction of justice charge carries a maximum penalty of up to 20 years.
This case was investigated by the FBI and is being prosecuted by Trial Attorney Anita T. Channapati of the Justice Department’s Civil Rights Division with assistance from the United States Attorney’s Office in Indianapolis.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless and until proven guilty.
Former Chief-Of-Staff for Laborers International Union of North America (LIUNA) and Former D.C. Attorney Charged with Healthcare Fraud and Thefts from LIUNARead the Press Release
A former chief-of-staff for LIUNA in Washington D.C. was charged yesterday with health care fraud and stealing from LIUNA.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division; District Director Mark Wheeler of the Department of Labor’s Office of Labor Management Standards Washington, D.C., District Office; Regional Director Michael Schloss, Washington District Office, of the Department of Labor’s Employee Benefits Security Administration; and Special Agent in Charge Robin Blake of the Department of Labor Office of Inspector General’s Office of Labor Racketeering and Fraud Investigations Washington, D.C., made the announcement.
On Jan. 18, a grand jury in Washington, D.C. indicted Roderick Marvin Bennett, 49, of Alexandria, Virginia, the former chief-of-staff for LIUNA, in a five-count indictment with three counts of theft from a labor organization, one count of health care fraud conspiracy and one count of health care fraud. Mr. Bennett will appear before U.S. District Judge Christopher R. Cooper at a later date.
LIUNA is a labor organization that represents more than 580,000 laborers in the construction industry in the United States and Canada. For approximately four years, until October 2016, Bennett served as the chief-of-staff at LIUNA headquarters in Washington, D.C. According to the indictment, from December 2013 to October 2016, Bennett made numerous unauthorized personal charges on his LIUNA-issued AMEX card totaling at least $170,000, which was contrary to the rules of LIUNA governing use of the AMEX card and which provided no benefit to LIUNA. The alleged unauthorized charges by Bennett included:
- Personal trips to Las Vegas, New York City and Orlando, Florida;
- Boat slip charges in Prince William Marina for his private boat;
- More than $33,000 in hotel and restaurant charges in Washington, D.C.;
- Personal electronics and toys, storage space, lawn care and furniture and antiques for his home;
- Private school tuition;
- A puppy and veterinary and kennel services;
- Lavish jewelry, luxury wristwatches and gold-flecked makeup; and
- Personal clothing, shoes, and dry cleaning services.
In addition, the indictment charge Bennett and Aimee Occhetti of The Villages, Florida, an attorney formerly of the District of Columbia, with health care fraud conspiracy and health care fraud. According to the allegations, Bennett arranged for Occhetti to be fraudulently placed on the LIUNA Healthcare Plan even though Occhetti was not a full-time employee of LIUNA and therefore not eligible to participate in the plan. The indictment further alleges that Occhetti obtained more than $66,000 in medical reimbursements from Aetna to which she was not entitled.
The case was investigated by the U.S. Department of Labor. The case is being prosecuted by Trial Attorney Vincent Falvo of the Criminal Division’s Organized Crime and Gang Section.
Former Bank Teller Sentenced to 18 Months in Prison for Stealing More Than $185,000 from Homeless CustomerRead the Press Release
WASHINGTON – A former bank teller was sentenced today to 18 months in prison and ordered to pay full restitution for stealing more than $185,000 from a longtime customer of the bank, a homeless man, announced U.S. Attorney Jessie K. Liu and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office.
Phelon Davis, 30, of District Heights, Md., pled guilty in September 2017 in the U.S. District Court for the District of Columbia to interstate transportation of stolen property. He was sentenced by the Honorable Emmet G. Sullivan. Following his prison term, Davis will be placed on two years of supervised release; the first six months of that time is to be spent on home confinement. Davis already has paid $6,000 in restitution, and the judge today ordered him to pay an additional $179,440. Judge Sullivan also ordered Davis to pay a forfeiture money judgment of $179,440 and to perform 100 hours of community service.
According to a statement of offense submitted at the plea hearing, Davis worked in 2014 as a teller at a national bank in Washington, D.C. One of the bank’s longtime customers, who was homeless and earned money as a street vendor, maintained more than one account with the bank. However, by October 2014, his accounts had gone dormant due to a lack of activity.
In October 2014, the customer attempted to deposit thousands of dollars into one of his accounts. Because he lacked identification and the accounts had gone into dormant status, Davis instructed the customer where to go to obtain identification documents and a Social Security card. In reviewing the customer’s accounts, Davis noticed that the customer had a surprisingly large balance. As a result, Davis devised a scheme to fraudulently obtain the customer’s money.
Later that month, Davis used the identification means of the customer to fraudulently open a new account in the customer’s name. He forged the customer’s signature on the application and had an ATM card issued for the newly opened account. Over the next two years, without the customer’s knowledge, Davis logged into the customer’s accounts online and transferred money between the accounts. All told, from approximately Oct. 22, 2014 through Oct. 26, 2016, Davis used ATMs on 144 occasions to withdraw $185,440 from the customer’s accounts. The customer, meanwhile, did not receive bank statements during this time, did not use e-mail, and did not have access to a computer.
Davis used the stolen money for his personal benefit, including funding a down payment on his residence, paying off personal debt, and paying for vacations in Jamaica, Aruba, and Mexico.
In announcing the sentence, U.S. Attorney Liu and Assistant Director in Charge Vale commended the work of those who investigated the case from the FBI’s Washington Field Office. They also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Zia M. Faruqui and Special Assistant U.S. Attorney Kendrack D. Lewis, who handled forfeiture issues; Criminal Investigator Shannon Alexis, and Paralegal Specialist Jessica Mundi.
Finally, they commended the work of Assistant U.S. Attorney Kondi Kleinman, who investigated and prosecuted the matter.
Federal Prisoner Gets a Year and a Day More in Prison for Assaulting an OfficerRead the Press Release
ERIE, Pa. - A federal prisoner at McKean Federal Correctional Institution in Bradford, Pennsylvania has been sentenced in federal court to 12 months and 1 day in jail on his conviction of assaulting a federal officer, United States Attorney Scott W. Brady announced today. The sentence imposed will be consecutive to the sentence the defendant is presently serving.
United States District Judge David S. Cercone imposed the sentence Wednesday on Rogelio Muniz-Valdez, 42.
According to information presented to the court, on March 15, 2017, while incarcerated at FCI-McKean, Muniz-Valdez threw urine at a federal officer who was engaged in her official duties.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
United States Attorney Brady commended officers of the McKean Federal Correctional Institution for the investigation leading to the successful prosecution of Muniz-Valdez.
Federal Correctional Officer Convicted of Repeatedly Raping Female InmateRead the Press Release
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
UPDATE
Following an order granting the defendant a new trial on certain charges, in February 2020, the defendant was again convicted of deprivation of civil rights, aggravated sexual abuse and sexual abuse.
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Earlier today, after a two week trial, a federal jury in Brooklyn returned a guilty verdict against Carlos Richard Martinez, a federal correctional officer employed by the United States Bureau of Prisons (BOP) on charges of deprivation of civil rights, aggravated sexual abuse, sexual abuse, and sexual abuse of a ward. The 20-count indictment covered four sexual assaults by Martinez from December 13, 2015 to April 2016, involving five separate sexual acts. Martinez faces a maximum sentence of life in prison when he is sentenced by United States District Judge Edward R. Korman.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Ronald G. Gardella, Special Agent-in-Charge, United States Department of Justice, Office of the Inspector General, New York Field Office (OIG), and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the verdict.
“As found by the jury, Carlos Richard Martinez willfully abused his position of power as a federal correctional officer by repeatedly raping a female inmate entrusted to his care at the Metropolitan Detention Center in Brooklyn,” stated United States Attorney Donoghue. “Martinez exploited the victim’s fear of being punished with additional jail time and other disciplinary action, but his attempts to intimidate the victim into silence ultimately failed as evidenced by her brave testimony at the trial. Martinez has now been held to account for violent, criminal misconduct that will never be tolerated in a correctional institution.”
“Martinez’s conduct was reprehensible. Today’s verdict sends a clear message that no correctional officer is above the law,” stated OIG Special Agent-in-Charge Gardella. “The OIG is fiercely committed to working with its law enforcement partners to investigate and prosecute instances of sexual abuse and abuse of power within our federal prison system.”
“While already serving time in prison, Martinez’s victim found herself trapped behind the bars of his abhorrent behavior,” stated FBI Assistant Director-in-Charge Sweeney. “Not only did Martinez engage in an outrageous act of sexual abuse, but he threatened the victim with severe punishment should she reveal his crime. There is only one place in society for those who use positions of power to violate the civil rights of others, especially in cases of outright forcible abuse, and that place is behind bars—not in front of them violating the rights of those they’re charged to watch.”
The evidence at trial established that over a five-month period from December 2015 to April 2016, Martinez, while serving as a lieutenant at the Metropolitan Detention Center in Brooklyn (MDC) with supervisory and disciplinary authority over inmates, used physical force and fear to repeatedly rape a sentenced female prisoner. The victim, who is identified in the indictment as “Jane Doe,” and testified at trial using the name “Maria,” spoke little English and worked as a cleaner inside the prison. Martinez directed Jane Doe and other female prisoners to clean on the second floor of the MDC’s East Building, including the lieutenant’s office. On December 13, 2015, Martinez’s sexually inappropriate remarks to Jane Doe escalated to violent, criminal conduct. While Jane Doe was preparing to clean the lieutenants’ office on that Sunday, Martinez exposed his erect penis, forcibly grabbed Jane Doe by the back of her head and forced her to perform oral sex on him. Then Martinez pulled down Jane Doe’s pants and underwear and raped her. Jane Doe expressed concern that she might become pregnant and begged Martinez to give her an emergency contraceptive pill, which he purchased at Rite Aid store near his home in Brooklyn. Martinez warned Jane Doe that she would be placed in the Special Housing Unit (SHU), and receive additional jail time to serve, if she told anyone what he had done. In the ensuing months, Martinez repeatedly raped Jane Doe while she cleaned on the weekend, when the lieutenants’ office area of the second floor of the MDC is generally empty. Jane Doe testified that during the attacks in his office, Martinez monitored security video footage on his computer of the area surrounding the lieutenants’ office to make sure that no one would discover him sexually assaulting her.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorneys Nicole M. Argentieri and Nadia I. Shihata are in charge of the prosecution.
The Defendant:
CARLOS RICHARD MARTINEZ
Age: 48
Residence: Brooklyn, New York,E.D.N.Y. Docket No. 17-CR-281 (ERK)
Erie Man Pleads Guilty in Food Stamp Fraud SchemeRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, pleaded guilty in federal court to a charge of conspiracy to defraud the United States, United States Attorney Scott W. Brady announced today.
John L. McDowell, 68, pleaded guilty on Wednesday to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that McDowell’s three co-defendants were engaged in food stamp fraud primarily involving exchanging food stamps for cash. John McDowell was enlisted to submit a fraudulent application for a food stamp license so that the food stamp terminals in use at the convenience stores owned and operated by two of the co-defendants would not be in their names. The defendants then used the food stamp terminals at locations where they were not authorized.
Judge Cercone scheduled sentencing for May 21, 2018, at 1:30 p.m. The law provides for a total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continue McDowell on bond.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The United States Department of Agriculture, Office of Inspector General, the Erie Police Department, the Department of Homeland Security Investigations and the Internal Revenue Service, Criminal Investigation, conducted the investigation that led to the prosecution of McDowell.
Epsom Man Pleads Guilty to Drug Trafficking and Firearm ChargesRead the Press Release
CONCORD, N.H. - David Frediani, 28, of Epsom, pleaded guilty on Thursday in federal court to conspiracy to possess with intent to distribute controlled substances, using and carrying a firearm during and in relation to a drug trafficking crime, and possession of a firearm by a prohibited person, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, the investigation began when the defendant sold fentanyl to a cooperating individual. In September of 2017, police executed a search warrant at the defendant’s residence and found four firearms, ammunition, over 511 grams of fentanyl, and approximately $24,000.
The defendant’s plea agreement includes a binding stipulated sentence of 150 months’ imprisonment. A sentencing hearing has been scheduled for May 14, 2018.
“Opioids are killing hundreds of residents of New Hampshire each year,” said Acting U.S. Attorney Farley. “The danger posed by drug trafficking is further increased when drug dealers use firearms to further their unlawful activities. I commend the law enforcement officers for protecting the community from the dangers posed by the fentanyl and firearms in this case.”
This matter was investigated by the New Hampshire State Police. The case is being prosecuted by Assistant U.S. Attorney Georgiana Konesky.
###
Eight charged in drug distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Eight people have been indicted by a grand jury on January 9, 2018 for drug distribution charges, United States Attorney Bill Powell announced.
The 30-count indictment alleges a conspiracy to distribute heroin, fentanyl, as well as marijuana in Harrison County from an unknown date to September 2017. Those named in the indictment are:
- Ernest Russell Claypool, Jr., age 53, of Clarksburg, West Virginia
- Michelle Elaine Queen, age 46, of Clarksburg, West Virginia
- Chadley Russell Claypool, age 31, of Clarksburg, West Virginia
- Armand Taylor, also known as Scrap, age 24, of Penn Hills, Pennsylvania
- Jordan Michael Conaway, age 23, of Clarksburg, West Virginia
- Colton Justice Kallel, age 21, of Clarksburg, West Virginia
- Zachery Allen Queen, age 25, of Clarksburg, West Virginia
- Kamesha Sherrail Claypool, age 23, of Clarksburg, West Virginia
Assistant U.S. Attorney Traci M. Cook is prosecuting the case on behalf of the government. The case was investigated by the Greater Harrison Drug and Violent Crimes Task Force and the West Virginia State Police Bureau of Criminal Investigation.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.Dominican National Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
BOSTON – A Dominican national pleaded guilty today in federal court in Springfield to unlawful reentry of a deported alien.
Francisco Siri, a/k/a Javier Ciravello Perez, 48, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for April 5, 2018.
In 1983, Siri was admitted to the United States as an immigrant or lawful permanent resident. Siri lost that status in 1989 after being convicted in Essex County Superior Court of trafficking cocaine. On Nov. 9, 1992, Siri was deported to the Dominican Republic. In October 2017, law enforcement officers in Springfield encountered Siri at Hampden County Jail and determined him to be unlawfully present in the United States. Siri is currently facing state charges for distributing and trafficking cocaine.
Siri faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office is prosecuting the case.
District Man Sentenced to Eight Years in Prison for Brazen Bank RobberyRead the Press Release
WASHINGTON – Charles Smoot, 47, of Washington, D.C., was sentenced today to eight years in prison for a broad-daylight robbery of a bank in the Brentwood neighborhood of Northeast Washington, announced U.S. Attorney Jessie K. Liu, Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Smoot pled guilty to bank robbery in September 2017. He was sentenced by the Honorable Amit P. Mehta of the U.S. District Court for the District of Columbia. Following his prison term, Smoot will be placed on three years of supervised release. He also was ordered to pay $5,121 in restitution.
The government’s evidence established that on July 5, 2017, at approximately 9:45 a.m., Smoot entered a TD Bank in the 900 block of Rhode Island Avenue NE and handed two notes to the bank tellers that stated, “No Die pack, No police, All your money.” With a bank full of customers, Smoot threatened the tellers with words to the effect of: “Give me all the money or I’ll kill everyone in here.”
In response, the bank tellers – with their hands raised in fear for their lives – gave Smoot approximately $5,121. Smoot put the money in a black gym bag and walked out of the bank. The bank tellers immediately advised law enforcement of the robbery and members of the FBI’s Violent Crimes Task Force, which includes MPD detectives, responded to the bank.
Law enforcement tracked Smoot to a residence on 60th Street NE, and immediately began conducting surveillance outside of the residence. Although Smoot had changed some of his clothing, he could be seen wearing the same watch and light grey shoes that could be seen on the TD Bank surveillance video. A search warrant was executed at the residence and the gym bag and pants worn by Smoot in the bank surveillance video were also recovered. Law enforcement also later recovered property taken from the bank from a storm drain in front of the residence.
The bank was processed by crime scene investigators and additional evidence was recovered that ultimately linked Smoot to the bank robbery. Specifically, an expert identified four fingerprints that were left by Smoot on a magazine that was left on the teller’s counter with the notes demanding the money. Additionally, a handwriting expert compared the handwriting on the two demand notes to known handwriting samples authored by Smoot and concluded that Smoot had authored the two notes that were left behind at the scene.
Smoot was arrested on July 7, 2017, and has been in custody ever since. At the time of his arrest, Smoot was on supervised release for unlawful possession of a firearm by a person convicted of a crime punishable by imprisonment for a term exceeding one year. Smoot now faces formal revocation of his supervised release and additional incarceration, separate from the above-referenced sentence.
In announcing the sentence, U.S. Attorney Liu, Assistant Director in Charge Vale, and Chief Newsham commended the work of the FBI’s Violent Crimes Task Force and MPD officers in the Fifth and Sixth Districts in quickly investigating and arresting Smoot. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Kara Traster, Laura Crane, and Anthony Scarpelli of the Violent Crime and Narcotics Trafficking Section, Special Assistant U.S. Attorney Marina Stevenson, Paralegal Specialists Candace Battle and Rommel Pachoca, and Legal Assistants Kate Abrey and Peter Gaboton.
District Man Indicted on Charges in 2006 Sexual Assault of Woman in Woodley ParkRead the Press Release
WASHINGTON – Harold Luckett, 50, of Washington, D.C., has been indicted on felony charges accusing him of sexually assaulting a woman during a home invasion burglary in the Woodley Park area of Northwest Washington in November 2006, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Luckett was indicted on Jan. 17, 2017, by a grand jury in the Superior Court of the District of Columbia on one count of first-degree sexual abuse with aggravating circumstances, one count of first-degree burglary, and related charges. He pled not guilty at his arraignment today and remains held pending a detention hearing on Feb. 2, 2018. If convicted of the charges, he faces a maximum sentence of life without possibility of release.
According to the government’s evidence, on Nov. 10, 2006, at approximately 11:30 a.m., Luckett entered an apartment in the 3000 block of Connecticut Avenue NW, where the victim was home alone. According to the evidence, Luckett was a stranger to the victim and did not have permission to enter the apartment. He allegedly attacked her in the bathroom and sexually assaulted her by force. The victim fought back during the assault, and her attacker ultimately fled the scene. The victim immediately ran out of her apartment into the hallway to get help.
The victim made an immediate report to the police, who responded promptly. Evidence was collected during the investigation that was later sent for forensic testing. That testing revealed an unknown male DNA profile developed from the evidence. That unknown male DNA profile was uploaded to the Combined DNA Index System (CODIS), a web of state and national databases containing DNA profiles from convicted offenders and crime scenes that is used as an investigative tool. According to the government’s evidence, the profile from the assailant matched the DNA profile of Luckett.
Luckett was arrested on Jan. 18, 2018.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
In announcing the indictment, U.S. Attorney Liu and Chief Newsham commended the work of the detectives of the Metropolitan Police Department’s Sexual Assault Cold Case Unit and Second Police District. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Executive Assistant Shelia Miller.
Finally, they expressed appreciation for the work of Assistant U.S. Attorney Amy Zubrensky, who is investigating and prosecuting the case.
District Court Awards $5 Million in Civil Penalties and Enters Permanent Injunction to Prevent Dr. Reddy’s Laboratories Inc. from Distributing Prescription Drugs Not in Child-Resistant PackagingRead the Press Release
The Department of Justice announced today that a federal court in New Jersey imposed a $5 million civil penalty and entered a consent decree of permanent injunction against Dr. Reddy’s Laboratories Inc. Dr. Reddy’s is the North American subsidiary of Dr. Reddy’s Laboratories Limited, a pharmaceutical company headquartered in India. The case involves allegations that Dr. Reddy’s failed to comply with the Poison Prevention Packaging Act (PPPA) and the Consumer Product Safety Act (CPSA). Under the terms of the consent decree, Dr. Reddy’s will implement a compliance program designed to ensure compliance with the PPPA and the CPSA.
The Department filed a complaint in the District of New Jersey on Dec. 18, 2017 on behalf of the Consumer Product Safety Commission (CPSC). As alleged in the complaint, Dr. Reddy’s knowingly violated the CPSA with respect to household oral prescription drugs in blister packs that were not child resistant as required by the PPPA. As set forth in the complaint, Dr. Reddy’s distributed such prescription drugs until 2012, despite being previously warned by its own employees that the blister packs had not been tested for PPPA compliance and that certain blister packs were expected to fail the PPPA’s child test protocol.
In addition, the complaint charges that Dr. Reddy’s failed to notify the CPSC “immediately,” as required by law, that its products were not compliant with the PPPA, that the products contained a defect presenting a substantial product hazard, and that the products created an unreasonable risk of serious injury or death. The complaint further asserts that Dr. Reddy’s failed to certify that its products were in conformance with the PPPA.
“Dr. Reddy’s failed to ensure that children were protected from potentially harmful prescription drugs,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The government will continue to take seriously alleged violations of laws meant to protect consumer safety.”
“Child-resistant packaging is a critical safety measure put in place to protect our country’s children,” said CPSC Acting Chairman Ann Marie Buerkle. “I appreciate and value the support from and collaboration with the Department of Justice.”
In addition to the $5 million civil penalty, the consent decree generally enjoins Dr. Reddy’s from distributing household oral prescription drugs in violation of the PPPA and CPSA and requires Dr. Reddy’s to implement a compliance program. The injunction further requires Dr. Reddy’s to maintain internal controls and procedures designed to ensure timely, truthful, complete, and accurate reporting to the CPSC as required by law.
In agreeing to settle this matter, Dr. Reddy’s has not admitted that it violated the law.
The matter is being jointly handled by Trial Attorneys Claude Scott and Shannon Pedersen, from the Civil Division’s Consumer Production Branch. Assistant U.S. Attorney in the Eastern District of Pennsylvania Judith Amorosa, Assistant U.S. Attorney in the District of New Jersey Charles Graybow, and Patricia Vieira with the CPSC’s Office of the General Counsel, provided significant assistance.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
Defendant with History of Domestic Violence Sentenced in Federal Court to a Prison Term of 42 Months for the Illegal Possession of a FirearmRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that United States District Court Judge William H. Steele sentenced Adam Edgar Stagner on January 18, 2018 to serve a term of imprisonment of 42 months followed by 3 years of supervised release for illegally possessing a Browning, 12 gauge, Gold Star Shotgun, serial Number 113MX13529. The defendant who had several prior misdemeanor domestic violence convictions was prohibited from possessing a firearm. The defendant possessed the weapon in Chunchula, Alabama on July 19, 2017 in violation of 18 USC § 922(g)(9).
The defendant entered a guilty plea before the Court on October 19, 2017. According to court records, during the guilty plea hearing the defendant admitted in open court that on the date of incident he not only possessed the firearm, but he pointed it at the victim’s head and stated “You know I am going to kill you”. The victim was a family member.
This case was investigated by the Federal Bureau of Investigation (FBI), and the Mobile County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Lawrence J. Bullard for the United States Attorney’s Office for the Southern District of Alabama.