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Tuesday 28 November 2017
New London Man Sentenced to Prison for Trafficking CocaineRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that TICO GARRETT, 37, of New London, was sentenced today by U.S. District Judge Jeffrey Alker Meyer in New Haven to 12 months and one day of imprisonment, followed by three years of supervised release, for trafficking cocaine.
According to court documents and statements made in court, an investigation by the FBI Northern Connecticut Safe Streets Task Force, Norwich Police Department, Waterford Police Department and Groton Town Police revealed that in the summer of 2016, Paul Mott, of Groton, conspired with others to obtain and distribute cocaine. Mott regularly took orders for cocaine from individuals, including GARRETT, and then drove to his supplier in the Bronx, New York, to obtain the drug. When he returned to Connecticut, Mott provided the cocaine to GARRETT and others for further distribution. Some of Mott’s narcotics trafficking activity occurred at his restaurant, Caribbean American Kitchen to Go, located on Truman Street in New London.
GARRETT was arrested on August 8, 2016. On May 10, 2017, he pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine.
Mott also pleaded guilty and, on September 5, 2017, was sentenced to 60 months of imprisonment and was ordered to forfeit a 2013 Toyota 4Runner and approximately $3,494 that was seized from him at the time of his arrest.
Three other individuals were charged and convicted as a result of this investigation.
Judge Meyer ordered GARRETT, who is released on a $100,000 bond, to report to prison on January 5, 2018.
This case was prosecuted by Assistant U.S. Attorney Patricia Stolfi Collins.
New Bedford Seafood Manager Pleads Guilty to Tax EvasionRead the Press Release
BOSTON – A New Bedford seafood manager pleaded guilty today in federal court in Boston to failing to report $75,000 in earnings on his tax returns.
Orlando Cardoso, 44, of New Bedford, pleaded guilty to two counts of filing a false income tax return. U.S. District Court Chief Judge Patti B. Saris scheduled sentencing for March 8, 2018.
Cardoso swore on his 2012 and 2013 tax returns that the only income he had received was from his employer. However, Cardoso had received over $75,000 in cash and checks from his employer’s supplier and failed to report the income on his tax returns.
The charge of filing a false income tax return provides for a sentence of no greater than three years in prison, one year of supervised release and a fine of $100,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement. Assistant U.S. Attorney Stephen P. Heymann of Weinreb’s Economic Crimes Unit is prosecuting the case.
Montgomery “Pill Mill” Doctor Pleads Guilty to Drug Distribution, Health Care Fraud, and Money Laundering ChargesRead the Press Release
Montgomery, Ala. – On Tuesday, November 28, 2017, Dr. Gilberto Sanchez, 56, of Cecil, Alabama, pleaded guilty to drug distribution conspiracy, health care fraud, and money laundering charges, announced United States Attorney Louis V. Franklin, Sr. from the Middle District of Alabama.
According to court documents, beginning on an unknown date and continuing until he was arrested on August 1, 2017, Dr. Sanchez operated a “pill mill” through Family Practice, a medical clinic he owned located at 4143 Atlanta Highway in Montgomery, Alabama. A “pill mill” is a medical clinic that is dispensing controlled substances inappropriately, unlawfully, and for non-medical reasons. At Family Practice, Dr. Sanchez conspired with other health care providers working for him to prescribe controlled substances to patients even though they did not actually need the medicines. Among the controlled substances Dr. Sanchez and his colleagues unnecessarily prescribed were oxycodone, hydrocodone, methadone, hydromorphone, amphetamine, and fentanyl.
As for the health care fraud charge, the court documents indicate that Dr. Sanchez and his colleagues required patients of Family Practice to return for monthly physical examinations before the patients could receive prescription refills. Such monthly examinations were not medically necessary, as the patients had no real medical condition that required the prescribing of controlled substances in the first place. Dr. Sanchez and the Family Practice employees would then bill health insurance companies and government health insurance programs (including Medicare and Medicaid) for the cost of these unnecessary monthly examinations.
The money laundering charges stem from Dr. Sanchez’s spending the proceeds of his operation of a pill mill. Court documents describe Dr. Sanchez using those proceeds to purchase at least one vehicle and one personal residence located in Montgomery.
Dr. Sanchez’s sentencing date has not yet been set. At sentencing, he faces a maximum of 20 years in prison on the drug conspiracy count and maximum sentences of 10 years imprisonment on the health care fraud and money laundering counts. There is no parole in the federal system. He also faces substantial monetary penalties, restitution, and forfeiture of assets purchased with the proceeds of his crimes.
“We have seen first-hand in Montgomery the harm that our country’s opioid epidemic causes,” stated United States Attorney Franklin. “Too many lives have been destroyed as a result of the illegitimate prescribing of these pills. Dr. Sanchez, and others like him, have led us to this point and I am proud that he will face the consequences of placing profit over the well-being of his patients and our community.”
“The abuse of prescription drugs is a serious problem in our communities’ said Drug Enforcement Administration Assistant Special Agent in Charge Bret Hamilton. “All too often, this abuse leads to addiction, shattered lives, or even death. For the health and safety of our citizens, the Drug Enforcement Administration and our federal, state, and local law enforcement partners will continue to target those who illegally distribute these dangerous drugs.”
“Drug diversion is a growing epidemic in our society that is amplified when trusted professionals abandon their ethical code in the name of greed. These unethical practices are damaging the lives of individuals and families throughout this country,” said IRS Criminal Investigation Acting Special Agent in Charge James E. Dorsey. “IRS CI will continue to work closely with our law enforcement partners in an effort to prosecute those illegally dispensing drugs for profit.”
"We depend on doctors to be part of the prescription drug abuse solution—not part of the problem. Dr. Sanchez’s greed-fueled pill mill put the lives of his patients and the integrity of federal health care programs at risk,” said Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services Office of Inspector General. "Our investigators, working with our law enforcement partners, will continue to uproot such dangerous schemes."
This case was investigated by the Drug Enforcement Administration’s Tactical Diversion Squad, the Internal Revenue Service’s Criminal Investigation Division, and the Department of Health and Human Services – Office of Inspector General. The Montgomery County, Alabama Sheriff’s Office, the Alabama Board of Medical Examiners, the Montgomery, Alabama Police Department, and the Opelika, Alabama Police Department all assisted in the investigation. Assistant United States Attorneys Jonathan S. Ross, R. Rand Neeley, and Kevin P. Davidson are prosecuting the case.
Mission Women Sentenced in Child Abuse CaseRead the Press Release
United States Attorney Randolph J. Seiler announced that two Mission, South Dakota, women charged with child abuse have been sentenced by U.S. District Judge Roberto A. Lange.
On August 16, 2016, Verna Blue Thunder, age 42, and Lorraina Stead, age 26, were indicted for two counts of Child Abuse. Verna Blue Thunder was further charged with one count of Assault Resulting in Serious Bodily Injury to a Child.
Blue Thunder pled guilty in August 2017 to two counts of Child Abuse. She was sentenced on November 27, 2017, to 90 months in prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Stead pled guilty in July 2017 to a Superseding Information charging Simple Assault of a Child and Aiding and Abetting. She was sentenced on September 27, 2017, to time served equal to one year in custody, 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Restitution may also be ordered for both defendants.
The convictions stem from conduct that occurred between October 2014 and June 2016. In October of 2014, two small children were placed in the defendants’ home in Mission. Over the course of the next approximately 21 months, the children were subject to physical abuse, emotional abuse, and starvation at the hands of the defendants. The defendants repeatedly avoided attempts by the South Dakota Department of Social Services to assess the children. In June of 2016, a relative from Spokane, Washington, took physical custody of the children and promptly sought medical attention for them. Both children were severely malnourished, and the younger child had healing fractures to both arms and two ribs.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Mission Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on November 27, 2017, by U.S. District Judge Roberto A. Lange.
Edward Zane Roubideaux, Jr., age 27, was sentenced to 21 months in prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Roubideaux was indicted by a federal grand jury on July 19, 2017. He pled guilty on October 2, 2017.
Roubideaux was convicted in U.S. District Court of Sexual Abuse of a Minor, in May 2008. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment. On June 5, 2017, Roubideaux moved from Sioux Falls to Rosebud, but did not update his registration. On June 23, 2017, he was arrested by the U.S. Marshals Service in Rosebud. Between June 5, 2017, and June 23, 2017, Roubideaux failed to register and update his registration.
This case was investigated by the Sioux Falls Police Department and the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Roubideaux was immediately turned over to the custody of the U.S. Marshals Service.
Minnesota Woman Sentenced to 35 Months in Federal Prison for Bank Fraud Conspiracy and Aggravated Identity TheftRead the Press Release
United States Attorney Randolph J. Seiler announced that a Marshall, Minnesota, woman was sentenced to 35 months of imprisonment following her convictions for Conspiracy to Commit Bank Fraud and Aggravated Identity Theft.
Angelica Marie Hatch-Pequin, age 27, was indicted on March 7, 2017, and she pleaded guilty on August 28, 2017. In addition to her prison term, Hatch-Pequin was also ordered to serve three years of supervised release following release from custody, and to pay restitution to a victim and a special assessment.
According to court documents, between September 2016 and November 16, 2016, Hatch-Pequin engaged in a scheme to defraud financial institutions, while using the personal identifying information of other individuals. Hatch-Pequin would use the proceeds of the fraud scheme to purchase methamphetamine for her use and to distribute to others for money.
More specifically, on November 16, 2016, defendants Angelica Marie Hatch-Pequin (“Hatch”) and Jason Maurice Fagin were arrested at the Royal River Casino in Flandreau, South Dakota, for attempting to negotiate counterfeit checks. While trying to negotiate the check, Hatch presented a driver’s license belonging to another individual. Hatch, aided and abetted by Fagin, used the identification of that individual without lawful authority.
Hatch and Fagin would steal mail from mailboxes located in affluent neighbors of Minneapolis, Minnesota. Hatch and Fagin would target mail that appeared to contain bills and checks. Fagin would then use the personal, business, and banking information contained in those mail matters to create fraudulent checks. After Fagin created the fraudulent checks, Hatch would usually cash the counterfeit checks at convenience stores and casinos located throughout the Minnesota, Iowa, and South Dakota region. Hatch and Fagin created and passed fraudulent checks for approximately two months leading up to their arrests in November.
Two types of checks were created: payroll and personal checks. Payroll checks would be drafted in amounts ranging from $450 to $2,000; the check presented to the Royal River Casino was for $1,500. Personal checks were made in amounts from $100 to $800. The effected banks were insured by the FDIC at the time of the offenses.
The investigation is being conducted by the Federal Bureau of Investigation, the Flandreau Police Department, and the Flandreau Sioux Tribe’s Police Department. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Hatch-Pequin was remanded to custody to continue serving her prison sentence. Fagin’s sentencing is pending.
Miami Resident Sentenced to 1 Year for Impersonating a Federal OfficerRead the Press Release
A 46 year old resident of Bay harbor was sentenced yesterday by U.S. District Judge Darrin P. Gayles to serve one year in prison, to be followed by one year of supervised release, for impersonating a U.S. Marine Corps and U.S. Coast Guard officer.
Benjamin Greenberg, Acting United States Attorney for the Southern District of Florida, John F. Khin, Special Agent in Charge, Defense Criminal Investigative Service (DCIS), Southeast Field Office, and Thomas Robarge, Special Agent in Charge, Coast Guard Investigative Service (CGIS), made the announcement.
George I. Lopez, a/k/a “Ray Lo, Master Lo, and Israel Lo,” was indicted on July 13, 2017, with two counts of impersonation of an officer and employee of the United States, in violation of Title 18, United States Code, Section 912. He pled guilty to both counts on August 22, 2017.
According to the court filings, Lopez falsely represented himself to be a Master Sergeant in the U.S. Marine Corps and a Lieutenant in the U.S. Coast Guard. He befriended a woman as her mixed martial arts instructor. In her pursuit to join the military, Lopez offered her entry into the United States Coast Guard through the fictitious character of Lt. Jenna Lee. Lopez convinced the woman to pose for naked photographs in order for her application to be considered. Lopez had previously been other than honorably discharged from the United States Army in 2003.
Mr. Greenburg commended the investigative efforts of DCIS and CGIS. The case was prosecuted by Assistant U.S. Attorney Greg Schiller.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Mexican National Sentenced for Drug and Immigration OffensesRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that SALVADOR ORDONEZ-MALDONADO, age 58, a native of Mexico, was sentenced today after pleading guilty to a two-count Bill of Information for possession with intent to distribute 27 kilograms of marijuana and illegal reentry of a previously removed alien.
U.S. District Court Judge Susie Morgan sentenced ORDONEZ to 51 months of incarceration, followed by three years of supervised release, and a $100 special assessment fee as to each count. Following completion of his sentence, ORDONEZ will be surrendered to the custody of U.S. Immigration and Customs Enforcement for removal proceedings.
According to court documents, agents from Homeland Security Investigations received information that packages containing 27 kilograms of marijuana were being sent via FedEx to Abita Springs, Louisiana from Memphis, Tennessee. The packages were originally sent to Memphis from Mexico. An undercover agent made a controlled delivery to the Abita Springs residence on April 29, 2015. The agents then served a search warrant and recovered the marijuana as the packages were being opened by ORDONEZ in the garage. ORDONEZ had been previously deported from the United States on February 8, 2013.
Acting U.S. Attorney Evans praised the work of Homeland Security Investigations, Customs and Border Protection, Louisiana State Police, and the St. Tammany Sheriff’s Office in investigating this matter. Assistant United States Attorney Jon Maestri was in charge of the prosecution.
Mexican Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
BOISE – Manual Vera-Gonzalez, of Guanajuato, Mexico, was sentenced today to time served by Chief U.S. District Judge B. Lynn Winmill, U.S. Attorney Bart M. Davis announced. Vera-Gonzalez had served over seven months in custody since his arrest in April 2017. Vera-Gonzalez pleaded guilty on August 30, 2017, to failure to register as a sex offender.
According to the plea agreement, Vera-Gonzalez is a native and citizen of Mexico. Vera-Gonzalez had been removed from the United States to Mexico on or about August 15, 2016. He returned to the United States and was discovered in Ada County, Idaho, in April 2017. Vera-Gonzalez was required to register under the Sex Offender Registration and Notification Act (SORNA) by virtue of his 2005 conviction for sexual battery by restraint in Orange County, California. He was previously convicted in 2014 for failure to register as a sex offender in the District of Idaho. Nonetheless, Vera-Gonzalez again knowingly failed to register as a sex offender, as he was required to do under SORNA.
This case was investigated by the U.S. Marshals Service and the Department of Homeland Security Immigration and Customs Enforcement.
Medical Doctor Pleads Guilty to Selling Fentanyl That Resulted in Manhattan Man’s Overdose DeathRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that AVINOAM LUZON pled guilty this morning to selling fentanyl that resulted in the overdose death of Gabriel Tramiel, 32, of Manhattan, on October 22, 2016. LUZON pled guilty earlier today before Chief Magistrate Judge Debra Freeman.
Acting Manhattan U.S. Attorney Joon H. Kim said: “Avinoam Luzon was a trained medical doctor who sold a lethal dose of fentanyl. Even as he was enrolled as a graduate student in public health, Luzon fueled the nation’s most serious health crisis, the opioid abuse epidemic. As he admitted today, Luzon sold fentanyl to Gabriel Tramiel, a 32-year-old New Yorker, and, tragically, it killed him.”
According to the charging and other documents filed in federal court, as well as statements made in the plea proceeding:
Gabriel Tramiel was found dead by his wife in the early morning hours of October 23, 2016. Tramiel was transported to the hospital and was examined by a medical examiner from the New York City Office of the Chief Medical Examiner who determined that a fentanyl overdose was the cause of Tramiel’s death. Text messages recovered from Tramiel’s phone show a conversation with LUZON the evening of October 22, 2016, in which LUZON requested payment from Tramiel for narcotics and the two arranged a meeting to exchange narcotics for payment. LUZON later admitted to providing the lethal dose of fentanyl to Tramiel on October 22, 2016. LUZON also turned over to law enforcement over 160 grams of fentanyl he was storing in his dorm room in Manhattan, while enrolled as a public health student.
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LUZON, 33, of Manhattan, New York, faces a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as the defendant’s sentence will be determined by a judge. LUZON is scheduled to be sentenced in March 2018, by the Honorable Lewis A. Kaplan, U.S. District Judge.
Mr. Kim praised the outstanding work of the NYPD. He also thanked the New York State Department of Health’s Bureau of Narcotics Enforcement for their assistance with this investigation.
This case is being handled by the Office’s Narcotics Unit. Assistant U.S. Attorneys Karin Portlock and Matthew Podolsky are in charge of the case.
Mason County felon pleads guilty to federal gun chargeRead the Press Release
HUNTINGTON, W.Va. – A Mason County man pleaded guilty today to a federal gun crime, announced United States Attorney Carol Casto. Conrad D. Berkley, II, 37, of Gallipolis Ferry, entered his guilty plea to being a felon in possession of a firearm.
On April 3, 2017, special agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives went to Drew’s Jewelry, Gun and Pawn in Gallipolis Ferry to determine if anyone had recently sold an AK-47 rifle to the store. Agents discovered that Berkley had sold a Century Arms, model RAS 47 to the store on March 27, 2017. Berkley was prohibited from possessing any firearm under federal law because of a 2007 conviction in Cabell County Circuit Court for unlawful wounding.
Berkley faces up to 10 years in federal prison when he is sentenced on February 26, 2018.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Stephanie S. Taylor is responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Martinsburg man admits to drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Martinsburg, West Virginia man has admitted to distributing cocaine, United States Attorney Bill Powell announced.
Fenel Baptiste, age 32, pled guilty to one count of “Possession With the Intent to Distribute a Controlled Substance.” Baptiste admitted to selling crack cocaine in Berkeley County in August 2015.
Baptiste faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara K. Omps-Botteicher is prosecuting the case on behalf of the government. The Eastern Panhandle Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U. S. Magistrate Judge Robert W. Trumble presided.
Leader of MS-13 East Coast Program Pleads GuiltyRead the Press Release
BOSTON – The leader of the MS-13 East Coast Program pleaded guilty yesterday in federal court in Boston to racketeering conspiracy.
Jose Adan Martinez Castro, a/k/a “Chucky,” 28, a Salvadoran national formerly residing in Richmond, Va., pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Feb. 26, 2018.
After a three-year investigation, Castro was one of 61 persons named in a superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts.
MS-13 leaders incarcerated in El Salvador oversee individual branches, or “cliques,” that are grouped into “programs” throughout the United States. During the investigation, Castro was identified as the leader of MS-13’s East Coast Program. On Dec. 13, 2015, Castro was recorded as he ran a meeting of East Coast Program clique leaders in Richmond, Va. During the meeting, Castro and others discussed sending money to El Salvador to support MS-13, the need to work together to increase the gang’s strength and control, and the need to violently retaliate against anyone who provided information against the gang.
Castro is the 25th defendant to be convicted.
Castro faces up to 20 years in prison, three years of supervised release, and will be subject to deportation upon the completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; Somerville Police Chief David Fallon; and Herndon (VA) Police Chief Maggie A. DeBoard made the announcement.
Keshena Man Indicted for Attempted Child Exploitation and Enticement on Menominee Indian ReservationRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on November 21, 2017, a federal grand jury returned a three-count indictment against Basil L. O’Kimosh (age: 39), of Keshena, Wisconsin. The indictment alleges that O’Kimosh used an internet chat app to attempt to exploit a minor female on the Menominee Indian Reservation.
Count One charges O’Kimosh with Attempted Child Exploitation in violation of Title 18 United States Code § 2251(a). On this count O’Kimosh faces a mandatory minimum sentence of 15 years, and a maximum sentence of life in prison; up to a $250,000 fine; and between 5 years and a lifetime of supervised release. The charge also carries a $5000 special assessment.
Count Two charges O’Kimosh with Attempted Child Enticement in violation of Title 18 United States Code § 2422(b). On this count O’Kimosh faces a mandatory minimum sentence of 10 years in prison, and a maximum sentence of life in prison; up to a $250,000 fine; and between 5 years and a lifetime of supervised release. The charge also carries a $5000 special assessment.
According to the indictment, on November 1, 2017, O’Kimosh attempted to obtain images of a minor female engaged in lascivious behavior. Additionally, between January 1, 2017 and November 2, 2017, O’Kimosh used his phone to attempt to persuade the minor female to engage in sexual activity at a location within the Menominee Indian Reservation.
The case was investigated by the Menominee Tribal Police Department and the Federal Bureau of Investigation, with assistance from the Wisconsin Department of Justice - Division of Criminal Investigation (NADGI and ICAC Task Forces). The case is being prosecuted by Assistant United States Attorney Andrew J. Maier.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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For additional information contact:
Public Information Officer Dean Puschnig, 414-297-1700
Justice Department Sues to Stop Miami-Dade County Tax Return Preparers Allegedly Engaged in Fabricating Deductions and CreditsRead the Press Release
The United States has asked a federal court in Miami, Florida, to permanently bar Simon Accounting & Tax Services LLC, and three of its preparers, Vilbrun Simon, Saintanise Agenord, and Wilcienne Pierre, from preparing federal income tax returns for others, the Justice Department announced today. According to the government complaint, Simon, his wife, Agenord, and his niece, Pierre, prepare returns that seek fraudulent tax refunds by fabricating business income, claiming false itemized deductions, and claiming various tax credits to which their customers are not entitled.
The government complaint alleges that Simon, Agenord, and Pierre prepare returns that fabricate business income to increase the customers’ Earned Income Tax Credit. The complaint also alleges that Simon and the others inflate education expenses on their customers’ returns to claim education credits that their customers are not entitled to receive. Additionally, the complaint alleges that Simon, Agenord, and Pierre fabricate deductions to reduce the taxable income their customers report and increase their customers’ refunds. Altogether, the government complaint alleges that Simon’s and the others’ activities may have caused the United States to lose millions of dollars in understated taxes and fraudulent refunds.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2017 and taxpayers seeking a return preparer should remain vigilant. The IRS has some tips on their website for choosing a tax preparer and has launched a free directory of federal tax preparers.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Justice Department Sues Springfield, Illinois, for Discrimination Against Persons with DisabilitiesRead the Press Release
The Justice Department today filed a lawsuit alleging that the City of Springfield, Illinois, has discriminated against persons with disabilities in violation of the Fair Housing Act. The lawsuit, filed in the U.S. District Court for the Central District of Illinois, alleges that Springfield’s zoning code treats small group homes for persons with disabilities less favorably than similarly-situated housing for people without disabilities. The department’s complaint further alleges that, even if the zoning code were valid, Springfield violated the Fair Housing Act by failing to grant an exception that would allow a three-person group home for individuals with disabilities to continue operating in a residential neighborhood.
“The Fair Housing Act prohibits cities from applying their zoning laws in a manner that discriminates against persons with disabilities,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “We will continue to vigorously enforce the Fair Housing Act’s prohibition on such discrimination.”
This case arose when the City of Springfield attempted to close a home with three residents with intellectual and physical disabilities because the home violated a 600-foot spacing requirement that applies to community residences for persons with disabilities. That spacing requirement does not apply to homes for up to five unrelated persons without disabilities. The small group home allowed two of the residents to move out of large institutions and live in an integrated community setting.
The lawsuit seeks a court order prohibiting Springfield from enforcing the spacing requirement against this home or similarly-situated homes for persons with disabilities elsewhere in the city. The lawsuit also seeks monetary damages to compensate victims, as well as payment of a civil penalty. A related case challenging Springfield’s spacing requirement was filed by the home’s service provider and one resident. The court in that case, A.D. ex rel. Valencia v. City of Springfield, issued a preliminary injunction against Springfield on Aug. 2, 2017. That ruling is now on appeal to the U.S. Court of Appeals for the Seventh Circuit.
The federal Fair Housing Act prohibits discrimination in housing based on disability, race, color, religion, national origin, sex, and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, e-mail the Justice Department at [email protected], or contact the Department of Housing and Urban Development at 1-800-669-9777 or through its website at https://www.hud.gov/program_offices/fair_housing_equal_opp.
The complaint is an allegation of unlawful conduct. The allegations must still be proven in federal court.
Jury Delivers Verdicts in Bank of Oswego Fraud TrialRead the Press Release
PORTLAND, Ore. – A federal jury today delivered its verdicts against two executives of the Bank of Oswego formerly headquartered in Lake Oswego, Oregon. Dan Heine and Diana Yates were charged with conspiracy to commit bank fraud and falsifying bank entries, reports, and transactions in a five-year scheme beginning in September 2009.
Jurors found both Heine and Yates guilty of one count of conspiracy to commit bank fraud and twelve counts of falsifying bank entries, reports, and transactions. Each charge carries a maximum sentence of thirty years in federal prison.
“As the jury found today, Dan Heine and Diana Yates violated the law by deceiving the Bank of Oswego’s board of directors, customers, and federal regulators in an attempt to conceal the organization’s true financial condition,” said Billy J. Williams, United States Attorney for the District of Oregon. “Together with our partners at the FBI and the Federal Deposit Insurance Corporation, we remain steadfast in our commitment to protecting the integrity of our financial system from fraudulent and corrupt banking practices.”
"Banks and the people who run them should serve as the cornerstone of the American economy," said Renn Cannon, Special Agent in Charge of the FBI in Oregon. "When bankers conspire, lie, and hide wrongdoing to benefit themselves, they undercut the integrity of the financial system on which we all depend."
Dan Heine, a co-founder of the bank, was president, Chief Executive Officer (CEO) and member of the board of directors from September 2004 through September 2014. Diana Yates, also a co-founder, was executive vice president, Chief Financial Officer (CFO), and secretary of the board of directors from 2004 through March 2012. During the conspiracy Heine and Yates concealed the true financial condition of the bank to regulators and the board of directors by falsely reporting that the bank had title to a property in a straw buyer transaction, falsely reporting that delinquent loans were paid, and falsely reporting the sale of bank owned property.
Sentencing for both defendants is scheduled for March 5, 2018 in Portland. The case was investigated by the FBI and the Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG) and prosecuted by Quinn Harrington and Michelle Kerin, Assistant United States Attorneys for the District of Oregon.
Joshua J.C. Ulloa Sentenced for Conspiracy to Possess with Intent to Distribute IceRead the Press Release
SHAWN N. ANDERSON, Acting United States Attorney for the Districts of Guam and the Northern Mariana Islands (NMI), announced that defendant JOSHUA J.C. ULLOA, age 40, from Barrigada, Guam, was sentenced in the District Court of Guam to a 110-month term of imprisonment for Conspiracy to Possess with Intent to Distribute Methamphetamine. The Court also ordered an additional 24 months imprisonment for violating terms of supervised release in a separate federal case. The 24-month sentence will be served consecutive to the 110 months for a total of 11 years in prison. The Court also ordered ULLOA to serve three years of supervised release following his terms of imprisonment. Additionally, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
On March 13, 2017, defendant ULLOA was charged with Conspiracy to Possess with Intent to Distribute Methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). During July 2016, ULLOA received a mail package that had contained approximately 1,300 grams of methamphetamine. ULLOA was confronted by federal agents at his residence and gave the agents the package. A search of the residence revealed other evidence, including $30,920 in U.S. currency. The money was seized as proceeds of drug trafficking activity and administratively forfeited to the United States. ULLOA engaged in this conduct while serving a term of supervised release for a prior federal conviction in Guam. Further investigation revealed that ULLOA conspired with others to distribute drugs. His prosecution was also linked to other co-conspirators operating out of the Guam Department of Corrections prison facility.
The investigation was conducted by the U.S. Postal Service Inspector and the Drug Enforcement Administration. The case was prosecuted by Frederick A. Black and Rosetta San Nicolas, Assistant U.S. Attorneys.
Jefferson County, Kentucky, Resident Sentenced to Ten Years in Prison for Attempted Online Enticement of A MinorRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell M. Coleman today announced the ten-year sentence followed by a 20-year term of Supervised Release, of a Jefferson County, Kentucky resident, by Senior Judge Charles R. Simpson, III, in United States District Court, for the attempted online enticement of a minor. There is no parole in the federal system.
According to the factual basis of the plea agreement, Carl Dean Sewell, 25, from Louisville, admitted to using a cell phone to communicate with a person, whom Sewell believed to be a 15-year-old girl, for the purposes of engaging in sexual activity. While authorized by the Attorney General to conduct undercover (UC) operations within the Commonwealth, on December 2, 2016, a law enforcement official created an ad on the Louisville Craigslist website under the personals tab titled “nothing serious”. The ad did not request any sexual contact from prospective responders. A person later identified as Sewell contacted the UC that same day through the Craigslist Email server system. The UC identified himself to Sewell as a 15-year-old female.
During the online communications, email and then texting, Sewell, who used the name “Dean” brought up the subject of sexual activity with the person he believed to be a 15-year-old girl. Specifically, he asked the UC to engage in sexual activity for the purpose of creating a video. The UC agreed to meet Sewell on December 5, 2016, at an address on Taylorsville Road in Eastern Jefferson County, Kentucky. Law enforcement officials watched Sewell drive to the agreed upon location where he was arrested. A search warrant on the phone confirmed that it was the device Sewell had used to communicate with the UC.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Kentucky Attorney General’s Department of Criminal Investigations Cyber Crime Unit conducted the investigation with assistance from Louisville Metro Police Department.
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.
Indictment Charges 10 Individuals with Trafficking Heroin in Southern New EnglandRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that a grand jury in Hartford returned a 14-count indictment today charging the following 10 individuals with heroin trafficking offenses:
MICHAEL LUCIANO, 32, of New London
EDDY PENA, 29, of Montville
MARIO RECINOS, 26, of Central Falls, R.I.
ELIZABETH MORALES, 47, a citizen of Guatamala residing in Johnston, R.I.
MAYCOL CAMPOS, 36, of Attleboro, Mass.
SELENA MENA, 28, of New London
ROBERTO ROMAN, a.k.a. “Indio,” 47, of New London
WILLIAM GONZALEZ-NIEVES, 26, of Norwich
JOSE QUINONES, 56, of Providence, R.I.
HECTOR QUINONES, 38, of Freetown, Mass.The indictment stems from an investigation headed by the Drug Enforcement Administration, Connecticut State Police Statewide Narcotics Task Force East and New London Police Department targeting a southeastern Connecticut heroin trafficking ring. The investigation began after several heroin overdoses in southeastern Connecticut, including two overdose deaths involving a heroin and fentanyl mix that occurred in January 2016.
As alleged in court documents and statements made in court, between January and June 2017, investigators made controlled purchases of heroin from Luciano and Gonzalez-Nieves. Subsequent court-authorized wiretaps revealed that Recinos and Morales, with the assistance of Campos, regularly supplied heroin on credit to Luciano, who then distributed the drug to a large customer base in southeastern Connecticut. Pena also supplied Luciano with heroin. Mena and Roman assisted Luciano by packaging heroin for distribution, making deliveries and collecting drug proceeds that Luciano then delivered to Recinos and Morales.
It is further alleged that Recinos supplied Hector Quinones and Morales supplied Jose Quinones with distribution quantities of heroin.
All of the defendants, with the exception of Hector Quinones, who has been incarcerated in Rhode Island for an unrelated state offense, were arrested on November 14. On that date, investigators executed 12 federal search warrants and seized more than three kilograms of heroin, including significant quantities from Luciano, Recinos, Morales, Jose Quinones, Roman and Campos. Investigators also seized approximately 100 grams of fentanyl from Campos, more than $14,000 in cash from Pena, and more than $13,000 in cash from Morales.
All of the defendants are charged with conspiracy to distribute and to possess with intent to distribute heroin. If convicted of this charge, based on their conduct and the quantity of heroin involved in the conspiracy, Luciano, Recinos, Morales, Campos, Roman and Mena face a minimum term of imprisonment of 10 years and a maximum term of imprisonment of life; Pena, Gonzalez-Nieves and Jose Quinones face a minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years, and Hector Quinones faces a maximum term of imprisonment of 20 years.
Luciano, Pena, Mena, Roman and Gonzalez-Nieves are also charged with one or more counts of possession with intent to distribute, and/or distribution of, heroin.
All of the defendants are detained.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Drug Enforcement Administration, U.S. Marshals Service, Internal Revenue Service – Criminal Investigation Division, Homeland Security Investigations, Connecticut State Police Statewide Narcotics Task Force East and the New London, Norwich, Waterford, Attleboro (Mass.) and Freetown (Mass.) Police Departments.
The case is being prosecuted by Assistant U.S. Attorneys S. Dave Vatti and Jocelyn Courtney Kaoutzanis.
Indiana Man Sentenced to Seven Years for Possession of Child PornographyRead the Press Release
BOISE – Mark Eugene Timperley, 21, of Indianapolis, Indiana, was sentenced yesterday in United States District Court to 84 months in prison followed by five years of supervised release for possession of child pornography, U.S. Attorney Bart M. Davis announced. Chief U.S. District Judge B. Lynn Winmill also ordered Timperley to forfeit the cellular phone used in the commission of the charged offense. As a result of his conviction, Timperley will be required to register as a sex offender.
According to the plea agreement, in February 2017, a school resource officer with the Nampa Police Department (NPD) received information that a 14-year-old Nampa student was in an internet relationship with Timperley, and that Timperley intended to travel to Idaho to live with the student. NPD officers viewed the victim’s cell phone, and observed text messages between Timperley and the victim in which Timperley requested and received images of the victim engaged in sexually explicit conduct.
Three days later, NPD detectives encountered Timperley after he exited a Greyhound bus in Boise. Timperley admitted that he was in an online relationship with the victim, that he knew the victim was 14 years old, and that he requested and received sexually explicit images from the victim on his cell phone. NPD detectives seized Timperley’s cell phone, conducted a forensic examination of its contents, and found approximately 46 explicit images of the victim.
“Law enforcement agencies in Idaho are committed to working cooperatively to prosecute those who would seek to sexually exploit children,” said Davis. “I commend the work of law enforcement and prosecutors in this case who acted swiftly and aggressively to protect this child victim from further harm. Mr. Timperley is being appropriately punished for his criminal conduct.”
“Predators who view pornographic images of children fuel the disturbing actions of like-minded criminals who create the illegal content. Both rob the innocence of their victims and leave permanent scars that can never be entirely healed,” said Brad Bench special agent in charge for Homeland Security Investigations (HSI) Seattle. “This case should send a clear message to those trolling the Internet to victimize children – you will be caught and pay with your freedom for such crimes. HSI will continue to work closely with our law enforcement partners to investigate these predators and ensure that they feel the full weight of the law.”
The case was investigated by the Nampa Police Department, Homeland Security Investigations, and the Canyon County Prosecutor’s Office, and 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.”
Hong Mei Xu Sentenced for Operating an Unlicensed Money Transmitting BusinessRead the Press Release
SHAWN N. ANDERSON, Acting United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Hong Mei Xu was sentenced in the District Court of the Northern Mariana Islands to 12 months and one day in prison for operating an unlicensed money transmitting business, in violation of 18 U.S.C. § 1960(b)(1)(B). The Defendant was indicted by a federal grand jury on August 5, 2016, and pled guilty on December 9, 2016.
Ms. Xu managed an unlicensed money transmitting business on the island of Tinian. The business operated under the pretense of being a jewelry store. Customers would enter the store and purportedly buy jewelry with their UnionPay International credit card. In reality, the customers would not receive any merchandise, only a receipt, which they would redeem for cash, minus Xu’s 5% commission. Customers then used the cash to gamble at the Tinian Dynasty Hotel and Casino. The purchase transactions were transmitted to UnionPay International Bank, allowing the customers to avoid China’s strict capital flight restrictions. During the federal investigation, agents executed a search warrant at the store in an effort to obtain financial transaction records. Agents discovered merchant card transaction slips totaling $501,800.11 for the period of November 22, 2014, through August 3, 2015. Ms. Xu later disclosed to agents that the business was not licensed as a money transmitting business and that she would run customers’ credit cards in exchange for U.S. currency.
Acting U.S. Attorney Anderson stated, “federal law requires certain money services businesses (MSBs) to register with the Financial Crimes Enforcement Network (FinCEN). Registration enables the government to monitor and enforce compliance with financial regulations. These regulations are important to deterring money laundering and terrorist financing, within our homeland and abroad. Our office will continue to pursue criminal prosecutions and civil monetary penalties against those who fail to register as MSBs and choose to operate in the shadows of our financial system. Additional guidance can be found at www.fincen.gov.”
Special Agents from the Internal Revenue Service conducted the investigation. Assistant United States Attorneys Russell Lorfing and James Benedetto prosecuted the case.
Greensburg, Kentucky, Attorney Charged with Embezzling from Clients to Pay Gambling Losses Exceeding $1.6 MillionRead the Press Release
BOWLING GREEN, Ky. – A Greensburg, Kentucky, attorney was charged with multiple counts of wire fraud as part of a scheme to obtain money from clients of his legal practice, by means of misappropriating funds, in order to pay personal expenses including gambling losses announced United States Attorney Russell M. Coleman.
Danny P. Butler, 71, of Campbellsville, was charged by federal grand jury indictment on November 15, 2017 and made a first appearance in federal court today. Butler has state felony charges pending in Larue County, Kentucky. He is currently in federal custody.
According to the indictment, Butler was an attorney licensed with the Kentucky Bar Assoccation who was authorized to practice law in the Commonwealth of Kentucky. He operated a legal practice in Greensburg, located in Green County, Kentucky, and provided clients with a broad range of legal services including probate, general civil, and government benefits.
Butler maintained seven bank accounts which he used for both personal and business purposes. From about August of 2009 through October of 2016, Butler used the bank accounts to routinely commingle client funds, and often to misappropriate funds from one client to distribute funds to other, unrelated clients. He also used client funds from the bank accounts to make cash withdrawals and pay personal expenses. In addition, he transferred client funds from business bank accounts to his personal accounts.
From 2009, through 2015, Butler incurred personal gambling losses, totaling $1,648,613 that he paid for, in large part, by the misappropriation of funds from eleven clients. .
If convicted at trial, Butler could be sentenced to no more than 20 years in prison, fined $250,000, and be required to serve a three year period of supervised release.
This case is being prosecuted by Assistant United States Attorneys Bryan Calhoun and H. Joseph Pinto, III and is being investigated by the FBI and Kentucky State Police.
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The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty
butler_danny_charged.pdf
Greene County Woman Sentenced to 60 Months for Stealing $3.1 Million from Her EmployerRead the Press Release
ALBANY, NEW YORK – Diane Backis, age 51, of Athens, New York, was sentenced today to 60 months in prison for stealing $3.1 million from her employer Cargill, Inc. (“Cargill”) and causing over $25 million in additional losses.
The announcement was made by Acting United States Attorney Grant C. Jaquith; Special Agent in Charge Vadim D. Thomas of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Special Agent in Charge James D. Robnett of Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.
United States District Judge Mae A. D’Agostino described the scheme as “insidious,” and Backis’s behavior as both “greedy” and “piggish.” Judge D’Agostino imposed a 2-year term of supervised release, to begin after Backis is released from prison. She also ordered Backis to pay $3.5 million in restitution to Cargill, an agricultural services conglomerate based in Minnetonka, Minnesota.
On November 28, 2016, Backis pled guilty to charges of mail fraud and filing a false income tax return. Backis was responsible for accounting functions for Cargill’s grain operations in Albany, including creating customer contracts, generating and mailing invoices, and receiving and processing customer payments. As part of her plea, Backis admitted that she defrauded Cargill while working in the company’s Port of Albany facility, which receives, stores, and sells grain products.
Acting United States Attorney Grant C. Jaquith stated: “Diane Backis was a longtime Cargill employee who was trusted to manage valuable grain commodities. She repeatedly betrayed that trust by stealing over $3 million over a decade and causing at least $25 million in additional losses in an effort to cover up her theft. Thanks to the teamwork of federal agents who unraveled Backis’s complex and lengthy scheme, she is being held accountable for her crime.”
FBI Special Agent in Charge Vadim D. Thomas stated: “Ms. Backis caused tens of millions in losses and did lasting damage to Cargill. The FBI will continue to work with our law enforcement partners to ensure this kind of malicious behavior is investigated and prosecuted.”
IRS-CI Special Agent in Charge James D. Robnett stated: “Today’s sentencing demonstrates the serious consequences of financial crimes such as this, and the collective focus of IRS Criminal Investigation (CI) and our partners on holding the perpetrators of such fraudulent schemes accountable for their actions.”
As part of her plea, Backis admitted that she stole hundreds of customer payments sent to Cargill totaling at least $3,115,610 and deposited them into her personal bank accounts. Backis also regularly created fraudulent invoices and mailed them to Cargill’s customers. The fraudulent invoices charged Cargill’s customers prices substantially less than what Cargill paid to acquire the grain products, causing Cargill significant financial losses. The fraudulent invoices also directed Cargill’s customers to send payment directly to Backis, thereby bypassing Cargill’s corporate controls.
To hide her activities, Backis made false entries into Cargill’s accounting software to make it appear that customers were paying prices higher than those in her fraudulent invoices, and that customers owed Cargill millions of dollars for delivered grain products. Backis then later reversed those false entries. As a result, Cargill lost at least $25 million.
Backis also admitted that she filed a false 2015 individual income tax return because she declared only $61,208 in total income and omitted over $450,000 in additional taxable income she received by stealing customer payments intended for Cargill in 2015.
This case was investigated by the FBI and IRS-CI, and was prosecuted by Assistant U.S. Attorney Wayne A. Myers.
Grand Rapids Man Pleads Guilty to Student Loan and Tax FraudRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Brandon Kenon Rogers, 31, of Grand Rapids, pled guilty to student loan and tax fraud. Rogers’s wire fraud scheme involved aggravated identity theft and ultimately defrauded the U.S. Department of Education of approximately $150,000. His filing of false tax returns using other people’s information led to the tax fraud conviction.
During his plea hearing before Magistrate Judge Phillip J. Green, Rogers admitted to defrauding the U.S. Department of Education by obtaining the identity information of others and posing as those individuals while applying online for Student Loans and Pell Grants in their names. He also enrolled online in local community colleges, including Grand Rapids Community College and Kalamazoo Valley Community College, using those same identities. Rogers’s aid applications were approved, and as a result, he received loans and grants and used them for his own purposes without actually attending the classes as required. Rogers further admitted he also used the personal identity information he obtained to file bogus tax returns seeking refunds in the name of others. He told the court that he would assist the government to locate and prosecute others engaged in the same activity.
Wire fraud carries a maximum possible penalty of 20 years in prison plus other penalties. Aggravated Identity Theft carries a mandatory two-year prison term, which must be served after the completion of any other sentence. Income tax fraud carries a maximum possible sentence of five years in prison plus other penalties. Sentencing on the matter will be held before U.S. District Judge Paul Maloney at a date and time to be determined.
U.S. Attorney Birge advised that: "These loan and grant programs are for students who want to better themselves with an education and obviously not for those who would take advantage to simply line their pockets. Rogers didn’t actually attend his classes, but he is learning a lesson in criminal justice that should serve as a warning to others."
The Grand Rapids Community College Department of Public Safety, the U.S. Department of Education, Office of Inspector General, the Federal Bureau of Investigation and the Internal Revenue Service investigated this case. Assistant U.S. Attorney Timothy VerHey is handling the prosecution.
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Gorham Man Pleads Guilty to Possessing Child PornographyRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Christopher Shepard, 31, of Gorham, Maine, pled guilty today in U.S. District Court to possessing child pornography.
According to court records, in April of this year, investigators from the Gorham Police Department executed a search warrant at Shepard’s Gorham apartment. Investigators seized his cellular telephone, which was later found to contain several images of a girl under the age of 12 engaged in sexually explicit conduct.
Shepard faces a sentence of up to 20 years in prison and a fine of up to $250,000. He also faces a supervised release term of between five years and life. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Gorham Police Department and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Gettysburg Man Charged with AssaultsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Gettysburg, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Christopher Arpan, age 51, was indicted on November 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 21, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 6 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 24, 2017, Arpan unlawfully assaulted an adult male victim with a wooden cane, causing the victim serious bodily injury.
The charges are merely accusations and Arpan is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Arpan was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for January 23, 2018.
Fort Wayne Man Sentenced to 57 MonthsRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that, Jermaine Underwood, 42, of Fort Wayne, Indiana, was sentenced by District Court Judge Robert L. Miller Jr., for possession with intent to distribute heroin.
Underwood was sentenced to 57 months and 3 years of supervised release.
According to Court filings, on December 9, 2016, Underwood possessed a package that had been sent through the United States Mail that contained approximately 96 grams of heroin.
This case was investigated by the United States Postal Inspection Service, with the assistance of the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Indiana State Police, and the Fort Wayne Police Department. The case was handled by Assistant United States Attorney Stacey R. Speith.
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Former Holts Summit Woman Pleads Guilty to Meth ConspiracyRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a former Holts Summit, Mo., woman pleaded guilty in federal court today to her role in a conspiracy to distribute methamphetamine.
Jean Elizabeth Sanchez, 52, of Georgia, formerly of Holts Summit, pleaded guilty before U.S. Magistrate Judge Willie J. Epps, Jr., to participating in a conspiracy to distribute methamphetamine in Callaway County, Mo.
Her husband, Justin Raul Sanchez, 49, of Holts Summit, pleaded guilty to the same charge on Nov. 1, 2016.
Jean and Justin Sanchez were identified by investigators as distributors of large quantities of methamphetamine in the Callaway County area. According to today’s plea agreement, the Sanchezes made three trips to Georgia in March and April 2014 to obtain large quantities of methamphetamine. On each trip, the supplier in Georgia sold them approximately one kilogram of methamphetamine, in a sealed silver coffee can, which they brought back to Holts Summit to distribute.
Jean Sanchez was stopped by state troopers on U.S. Highway 63 in Taos, Mo., on April 21, 2014, while returning from the third trip to Georgia, according to the plea agreement. The trooper located a large silver coffee can that contained 27 small baggies of methamphetamine (totaling .85 kilograms) underneath the third row of seats in the vehicle. The trooper also found a loaded Taurus .380-caliber handgun inside a glove on the front passenger floorboard.
On April 24, 2014, law enforcement officers executed a search warrant at the Sanchezes’ residence. Officers seized two baggies containing methamphetamine, drug paraphernalia, $7,817 and a drug ledger. Justin Sanchez was arrested and admitted to officers that he had been distributing methamphetamine from his residence.
Today’s plea agreement also cites two controlled purchases of methamphetamine by a confidential informant at Sanchez’s residence in April 2014. In each instance, the confidential informant agreed to pay $1,300 for 28 grams of methamphetamine.
Under federal statutes, Jean and Justin Sanchez are each subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 40 years 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 defendants 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 Lawrence E. Miller. It was investigated by the Drug Enforcement Administration, LANEG (Lake Area Narcotics Enforcement Group), the Missouri State Highway Patrol, the Jefferson City, Mo., Police Department and the MUSTANG Drug Task Force.
Former Felon Sentenced to Nine Years in Prison for Possession of A Firearm After Ramming into Police VehiclesRead the Press Release
RENO, Nev. – A former felon who illegally possessed a firearm and rammed into three police vehicles to avoid apprehension was sentenced today to 108 months in prison, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
Kyle Howe, 31, of Reno, pleaded guilty to one count of felon in possession of a firearm. In addition to the prison term, U.S. District Judge Larry R. Hicks sentenced him to three years of supervised release.
According to the plea agreement, Howe admitted that, on Nov. 29, 2016, in an attempt to flee apprehension on an outstanding warrant, he rammed into a police vehicle then sped away. Then the next day, Howe rammed two police vehicles as Regional Crime Suppression Unit detectives attempted to arrest him. Law enforcement were able to remove him from his vehicle and arrest him. At the time of his arrest, a Smith & Wesson 9mm semiautomatic pistol, a switchblade, and approximately 4.5 grams of methamphetamine were found in his possession.
The case was investigated by the Regional Crime Suppression Unit and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Megan Rachow prosecuted the case.
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Former Employee of U.S. Government Contractor in Afghanistan Sentenced to Prison for Accepting $250,000 in Kickbacks from SubcontractorRead the Press Release
A former employee of a U.S. government contractor in Afghanistan was sentenced today to 21 months in prison for accepting over $250,000 in illegal kickbacks from an Afghan subcontractor in return for his assistance in obtaining subcontracts on U.S. government contracts.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Byung J. “BJay” Pak of the Northern District of Georgia, Special Agent in Charge John Khin of the Defense Criminal Investigative Service’s (DCIS) Southeast Field Office- Atlanta Resident Agency, Special Inspector General for Afghanistan Reconstruction (SIGAR) John F. Sopko and Director Frank Robey of the U.S. Army Criminal Investigation Command’s (CID) Major Procurement Fraud Unit (MPFU) made the announcement.
Nebraska McAlpine, 57, of Smyrna, Georgia, was sentenced in Atlanta by U.S. District Judge Mark H. Cohen of the Northern District of Georgia. McAlpine previously pleaded guilty to a one-count Information charging him with one count of accepting illegal kickbacks. The defendant’s prison sentence will be followed by three years of supervised release and 100 hours of community service.
As part of his guilty plea, McAlpine admitted that while he was employed as a project manager for an American defense contractor (the Prime Contractor) in Kabul, Afghanistan, he and an Afghan executive agreed that in exchange for illicit kickbacks, McAlpine would ensure that the Prime Contractor awarded lucrative subcontracts to the executive’s companies. McAlpine admitted that he repeatedly told his supervisors that these companies should be awarded “sole source” subcontracts, which allowed them to supply services to the Prime Contractor without having to competitively bid on them. As a result of the kickback scheme, the Prime Contractor paid over $1.6 million to the subcontractor to assist with maintaining the Afghanistan Ministry of the Interior Ultra-High Frequency radio communications system in Kabul, McAlpine admitted.
McAlpine further admitted that the executive agreed to pay kickbacks to McAlpine totaling approximately 15 percent of the value of the subcontracts, and that in 2015 and 2016, he accepted over $250,000 in kickbacks from the executive. McAlpine also admitted that he hid the kickbacks from his employer by storing the cash payments in his personal effects and by physically transporting the cash to the United States. McAlpine then deposited the majority of these funds into his bank accounts at bank branches in the Atlanta metropolitan area, he admitted.
DCIS, SIGAR and Army CID-MPFU investigated the case. Trial Attorney Daniel Butler of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Thomas J. Krepp of the Northern District of Georgia prosecuted the case.
Former Blue Springs Business Owner Pleads Guilty to Tax EvasionRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a former Blue Springs, Mo., business owner pleaded guilty in federal court today to tax evasion.
Roy Wayne Guier, 64, of Blue Springs, pleaded guilty before U.S. District Judge Stephen R. Bough to one count of tax evasion.
Guier owned and operated Roy and Son Fencing, which sells and installs a variety of fencing products, from 1982 until 2009. In October 2009, Guier transferred the ownership and operation of the company to his daughter, who leased the business and assets from him. Guier’s daughter, at his direction, made the lease payments to a company operating under the name of DEK Resource Management. Guier’s wife was listed as the general manager of DEK and the only signatory on the company’s bank accounts.
From 2010 through 2014, the amount of rental income deposited into DEK’s bank account on Guier’s behalf totaled $382,522. DEK never filed a federal income tax return for each of those years 2010 through 2014. Guier failed to file any tax returns for 2010 through 2014. The additional tax due and owing for 2010 through 2014 is $38,391.
By pleading guilty today, Guier admitted that he willfully attempt to evade and defeat income tax due and owing by him by using the DEK bank account, as a nominee, to receive rental income from the lease of his fencing business to his daughter, and by using the DEK bank account to pay for his personal living expenses.
Under federal statutes, Guier is subject to a sentence of up to five years 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. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.This case is being prosecuted by Assistant U.S. Attorney Rudolph R. Rhodes, IV. It was investigated by IRS-Criminal Investigation.
Florida Man Sentenced to 25 Years in Prison for Hate Crime for Conspiring to Attack Florida SynagogueRead the Press Release
James Gonzalo Medina was sentenced today to 25 years in prison for attempting to attack an Aventura, Florida synagogue, and attempting to use a weapon of mass destruction.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, and Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
During the plea proceedings, Medina admitted that in March and April 2016, he planned to conduct a firearms or explosives attack on the Aventura Turnberry Jewish Center. Medina took steps to prepare for this attack including conducting surveillance of the Jewish Center. On April 29, 2016, Medina took possession of what he believed to be an explosive device, obtained from a Southern Florida Joint Terrorism Task Force agent, and approached the Jewish Center on foot with the device in hand, intending to commit the attack.
“The defendant’s concrete steps to commit an act of domestic terror against a place of worship because of the congregants’ religious beliefs posed a grave threat to all residents of Miami-Dade County,” said Acting United States Attorney Benjamin G. Greenberg. “The U.S. Attorney’s Office and our law enforcement partners will investigate and prosecute terrorism and hate-inspired violent crimes motivated by a victim’s religion, race, ethnicity, sexual preference, or gender identity.”
“Medina wanted to kill innocent people by detonating an explosive device at the Aventura Turnberry Jewish Center, but was denied his terroristic goals by the dedicated professionals of the South Florida Joint Terrorism Task Force,” said Robert F. Lasky, Special Agent in Charge, FBI Miami. “We remain committed in our steadfast efforts to detect, deter and disrupt every threat to the United States.”
Mr. Greenberg commended the investigative efforts of the FBI and the Southern Florida Joint Terrorism Task Force. This case was prosecuted by Assistant U.S. Attorneys Marc Anton and Michael Thakur, with the assistance of the Civil Rights Division’s Special Litigation Counsel Steve Curran and National Security Division’s Trial Attorney Taryn Meeks.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Florida Man Sentenced for Conspiracy to Transport Illegal AliensRead the Press Release
Gulfport, Miss. – Robert Espinal, Jr., 52, of Cape Coral, Florida, was sentenced by U.S. District Judge Louis Guirola, Jr. today to 14 months in federal prison, followed by 2 years of supervised release, for conspiracy to transport illegal aliens within the United States, announced U.S. Attorney Mike Hurst and Raymond R. Parmer, Jr., Special Agent in Charge of U.S. Immigration and Customs Enforcement's Homeland Security Investigations in New Orleans. Espinal was also ordered to pay a $4,000 fine and special assessments totaling $5,100. He entered a guilty plea to the charge on July 26, 2017, before Chief U.S. District Judge Louis Guirola, Jr., in Gulfport.
On February 16, 2017, a Kia Sorento vehicle owned and driven by Espinal, was stopped by a City of D’Iberville Police Officer on Interstate-10 in Harrison County, Mississippi, for careless driving. While the Kia Sorento was designed to seat seven people, the police officer observed that, in addition to the driver, there were eight unidentified passengers for a total of nine occupants in the vehicle. The eight passengers could not be identified by Espinal. The Blue Lightning Operations Center of the Department of Homeland Security was notified, and agents of Homeland Security Investigations and the U.S. Customs and Border Patrol responded.
The passengers did not have proper documents, were illegally present in the United States, and were being smuggled by Mr. Espinal. All occupants of the vehicle were arrested. Espinal confirmed that he knew his passengers were illegal aliens and that he had allowed some of them to stay overnight at an apartment he had in Texas. Some of the passengers later testified that their family agreed to pay Espinal to drive them to various states throughout the country.
U.S. Attorney Hurst praised the cooperation exhibited by the Immigration and Customs Enforcement's Homeland Security Investigations, U.S. Customs and Border Patrol, and the D’Iberville Police Department. Assistant United States Attorney Stan Harris was the prosecutor for the case.
Five Men Indicted for Hobbs Act Robberies of Seven Businesses in West TennesseeRead the Press Release
Jackson, TN – On November 20, 2017, a federal grand jury returned a 14-count indictment charging five defendants with federal Hobbs Act Robbery in West Tennessee. D. Michael Dunavant,U.S. Attorney for the Western District of Tennessee, announced the indictment today.
According to the indictment, from July 1, 2016 through October 31, 2016, Jenial Edwards, Scotty Edwards, Eddie Matthews, Zarius Norment and Johnny Cross were on a robbery crime spree. Separately and together, the defendants robbed seven different businesses in Bolivar, Whiteville, and Jackson, Tennessee. Some of the defendants possessed firearms in each of these robberies. The 14-count indictment charges each defendant with robbery affecting interstate commerce and carrying and/or brandishing firearms during the commission of the robberies. Jenial Edwards is also charged with being a felon in possession of a firearm.
The defendants are:
Jenial Edwards, 25, Bolivar, TN
Scotty Edwards, 25, Bolivar, TN
Eddie Matthews, 26, Bolivar, TN
Zarius Norment, 21, Whiteville, TN
Johnny Cross, 54, Bolivar, TNIf convicted, each defendant faces up to 20 years imprisonment for each of the robberies and a $250,000 fine. In addition, the defendants face a consecutive 7-year sentence for brandishing a firearm during the robberies. Jenial Edwards has an additional penalty of not more than 10 years for being a convicted felon in possession of a firearm. The United States also seeks criminal forfeiture of property involved in the crime.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Hardeman County Sheriff’s Office; and Bolivar, Whiteville and Jackson Police Departments.
The charges and allegations contained in the indictment are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Assistant U.S. Attorney Victor L. Ivy is prosecuting this case on the government’s behalf.
Essex County, New Jersey, Man Sentenced to 79 Months in Prison for Fall 2016 Bank Robbery SpreeRead the Press Release
NEWARK, N.J. – A Newark man was sentenced today to 79 months in prison for robbing five banks in October and November 2016, Acting U.S. Attorney William E. Fitzpatrick announced.
Jermaine Mason, a/k/a “Asim Harris,” 40, previously pleaded guilty before U.S. District Judge William J. Martini to an information charging him with five counts of bank robbery. Judge Martini imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court, Mason robbed the following banks on the dates set forth below:
Bank
Location
Date
Kearny Bank
Harrison
Oct. 21, 2016
PNC Bank
Jersey City
Nov. 3, 2016
Popular Community Bank
Newark
Nov. 17, 2016
Provident Bank
Jersey City
Nov. 18, 2016
Provident Bank
Kearny
Nov. 29, 2016
Mason admitted that during each of the above robberies, he either presented a note demanding cash from bank tellers or verbally demanded money.
In addition to the prison term, Judge Martini sentenced Mason to three years of supervised release and ordered him to pay $16,429 in restitution.
Mason was originally arrested by state authorities on Nov. 30, 2016 and has been in custody since that time. Prior to his arrest, he was on federal supervised release for a federal bank robbery conviction after he robbed several banks in 2006 and 2007.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation leading to today’s sentencing. He also thanked the U.S. Marshals, the Kearny, Jersey City, Harrison, and Newark police departments, as well as the Hudson County and Essex County Prosecutor’s Offices for their efforts in the investigation and apprehension of Mason.
The government is represented by Assistant U.S. Attorney Jason S. Gould of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Kevin Carlucci Esq., Assistant Federal Public Defender, Newark
Erie Man Indicted on Child Sexual Exploitation ChargesRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, has been indicted by a federal grand jury in Erie on charges of violating federal laws relating to the sexual exploitation of children, Acting United States Attorney Soo C. Song announced today.
The two-count indictment named Jonathan Scott Boynton, 29, of Erie, Pennsylvania, as the sole defendant.
According to the indictment presented to the court, Boynton received and possessed computer images and movies depicting prepubescent minors engaging in sexually explicit conduct.
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.justice.gov/psc.
The law provides for a maximum total sentence of 40 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Department of Homeland Security Investigations conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Eagle Butte Man and Woman Charged with Drug OffensesRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man and woman have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
Michael Heideman, age 43, and Sierra Bridwell, a/k/a Sierra Red Water, a/k/a Sierra High Elk, age 21, were indicted on November 14, 2017. Heideman appeared before U.S. Magistrate Judge Mark A. Moreno on November 16, 2017. Bridwell appeared before U.S. Magistrate Judge Mark A. Moreno on November 21, 2017. They both pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 40 years in custody and/or a $250,000 fine, at least 4 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between March 1, 2017, and November 14, 2017, Heideman and Bridwell knowingly and intentionally combined, conspired, confederated, and agreed to distribute and possess with intent to distribute 50 grams or more of methamphetamine, a Schedule II controlled substance.
The Indictment also alleges that on September 23, 2017, Heideman and Bridwell knowingly and intentionally possessed with intent to distribute 50 grams or more of methamphetamine.
The charges are merely accusations and Heideman and Bridwell are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Heideman was remanded to the custody of the U.S. Marshals Service. Bridwell was released on bond. A trial date has been set for January 23, 2018.
Eagle Butte Man Charged with ArsonRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Arson.
Stuart Turning Heart, age 44, was indicted on November 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 22, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 25 years in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 14, 2017, Turning Heart willfully and maliciously set fire and burned a building and structure in Eagle Butte.
The charge is merely an accusation and Turning Heart is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Turning Heart was released on bond pending trial, which has been set for January 23, 2018.
Dunmore Man Sentenced to 36 Months’ Imprisonment for $1.6 Million Tax FraudRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Diego Rojas, age 43, of Dunmore, Pennsylvania, was sentenced today to 36 months’ imprisonment before United States District Court Judge James M. Munley for conspiring to defraud the government with respect to income tax claims.
According to United States Attorney David J. Freed, Rojas deposited approximately 350 United States tax refund treasury checks, at least 250 which were identified as fraudulent (Stolen Identitiy Refund Fraud (SIRF)) checks, into the check cashing company he owned and operated, Dunmore Check Cashing. The approximate value of these SIRF checks was $1,669,000.
Rojas was also ordered to pay $1,669,864 in restitution.
The case was investigated by the Scranton Office of the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Evan Gotlob prosecuted the case.
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Doctor and Receptionist Charged with Running Center City Pill MillRead the Press Release
Martin D. Weaver, M.D, 63, of Sickerville, New Jersey, and Erica LaBoy, 31, of Philadelphia, were charged today by Indictment, unsealed today, with conspiracy to distribute controlled substances outside the scope of professional practice; and Weaver was also charged with 29 counts of distributing controlled substances outside the scope of professional practice, announced Acting United States Attorney Louis D. Lappen.
According to the Indictment,[1] from at least December 2016 through October 2017, Weaver, with the assistance of La Boy, operated medical offices in Center City Philadelphia as a front for drug-dealing. The defendants sold prescriptions for oxycodone, a dangerous and addictive Schedule II controlled substance, to so-called patients, for $300 cash for the first prescription and $200 cash thereafter. Weaver did not examine the patients and often handed out prescriptions for oxycodone from the receptionist desk without providing any medical care.
If convicted, the defendants face significant terms of incarceration, as well as up to a lifetime of supervised release, and substantial fines and special assessments.
The case was investigated by the FBI, and is being prosecuted by Assistant United States Attorneys Amanda R. Reinitz and M. Beth Leahy.
[1] An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Detroit man pleads guilty to federal heroin crimeRead the Press Release
HUNTINGTON, W.Va. – A Detroit man who was part of a group selling heroin in Huntington in 2015 pleaded guilty today to a federal drug charge, announced United States Attorney Carol Casto. Marquis Tamal Quinton Evans, 24, entered his guilty plea to possession with intent to distribute 100 grams or more of heroin.
Between July and October of 2015, Evans and others distributed heroin that was transported from Michigan to the Huntington area. On October 5, 2015, the Huntington FBI Drug Task Force conducted a search at 1826 Old 16th Street Road in Huntington. Agents located Evans inside the residence, as well as two other individuals. During the search, agents seized approximately 284 grams of heroin and over $51,000 in cash. Evans admitted that he and the other individuals intended to sell the heroin. Evans additionally admitted to all the drug trafficking activity charged in the indictment.
Evans faces at least five and up to 40 years in federal prison when he is sentenced on February 26, 2018.
The Huntington FBI Drug Task Force conducted the investigation. Assistant United States Attorney Joseph F. Adams is handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Convicted Felon, Living in Logan County, Kentucky, Sentenced to 87 Months in Prison for Possession and Attempted Distribution of Methamphetamine and CocaineRead the Press Release
Charges include being a felon in possession of seven firearms and ammunition
BOWLING GREEN, Ky. – A convicted felon, living in Logan County, Kentucky, was sentenced today by United States District Judge Greg N. Stivers, in United States District Court, to 87 months in prison, followed by five years of supervised release, for possession with intent to distribute methamphetamine, and being a felon in possession of firearms and ammunition, announced United States Russell M. Coleman.
Sherman Matthew Watkins, 41, who was residing in Russellville at the time of his arrest, pleaded guilty on August 29, 2017, to one count of possession with intent to distribute five grams or more of methamphetamine a Schedule II controlled substance and two counts of being a felon in possession of seven firearms and ammunition. Watkins remains in federal custody.
Watkins was arrested in Logan County on December 6, 2016, and at that time was in possession of $1,132 in U.S. currency, 41.86 grams of methamphetamine, a Norinco, model SKS, 7.62x39 semiautomatic rifle; a Smith and Wesson, model 37 Airweight, .38 caliber revolver; a Smith and Wesson, model 10-8, .38 caliber revolver; and assorted rounds of ammunition. Further, between November 1, 2016 and November 25, 2016, Watkins was in possession of a Glock, model 42, .380 caliber semiautomatic pistol; a Ruger, model 10/22, .22 caliber semiautomatic rifle; a Mossberg, model 590, 12 gauge semiautomatic shotgun; a Just Right Carbines, model JR Carbine, 9mm semiautomatic rifle; and assorted rounds of ammunition.
Watkins has two previous convictions Jefferson County Circuit Court including Possession of a Controlled Substance 1st Degree on May 8, 2014, and Criminal Possession of a Forged Instrument 2nd Degree, on May 26, 2011.
This case was prosecuted by Assistant United States Attorney Mac Shannon and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Colbert County Man Pleads Guilty to Producing Child PornographyRead the Press Release
BIRMINGHAM – A Colbert County man pleaded guilty today to producing child pornography between 1997 and 1998, announced U.S. Attorney Jay E. Town, Principal Deputy Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, and Homeland Security Investigations Special Agent in Charge Ray Parmer.
CHARLES MARK MCCORMACK, 54, of Muscle Shoals, pleaded guilty to one count of production of child pornography before Chief U.S. District Court Judge Karon O. Bowdre. Sentencing is set for April 3 in Huntsville.
“It is incredibly disturbing that this kindergarten teacher was engaged in the production of child pornography,” Town said. “I thank the Georgia Bureau of Investigation and HSI agents who worked with federal prosecutors for their quick efforts which prevented more innocent victims from suffering at the hands of McCormack. The Bureau of Prisons has bed space reserved for people like him.”
According to admissions made in connection with his guilty plea, between Aug. 1, 1997, and Oct. 15, 1998, McCormack used a minor, born in 1992, to engage in sexually explicit conduct for the purpose of producing visual depictions of the conduct, by videotaping the minor urinating in a bathroom in his Colbert County home. During a May 2016 search of McCormack’s residence, law enforcement also discovered fewer than 25 images of nude and topless females believed to constitute child pornography and a suitcase containing young girls’ panties.
U.S. Immigration and Customs Enforcement’s HSI is investigating this case with the cooperation of the GBI. Assistant U.S. Attorney Daniel J. Fortune of the Northern District of Alabama and Department of Justice Trial Attorney William M. Grady of the Criminal Division’s Child Exploitation and Obscenity Section are prosecuting the case.
This investigation is a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Clarksburg woman sentenced for firearm violationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Hannah Marie Elwell, 26, of Clarksburg, West Virginia was sentenced today to 35 months incarceration for unlawfully purchasing a firearm, United States Attorney Bill Powell announced.
Elwell pled guilty to one count of “False Statement During the Purchase of a Firearm” in December 2016. She admitted to falsely representing that she was the actual buyer of a .40 caliber pistol when she was actually attempting to purchase the firearm on behalf of another person.
Assistant U.S. Attorney Shawn M. Adkins prosecuted 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.
Chui Chu Man Sentenced to 108 Months in Prison for AssaultRead the Press Release
TUCSON, Ariz. – Yesterday, Donnie Ray Jose, 46, of Chui Chu, Ariz., a member of the Tohono O’odham Nation, was sentenced by U.S. District Judge James A. Soto to 108 months in prison. Jose was convicted after a jury trial of assault with a dangerous weapon and assault resulting in serious bodily injury.
The evidence at trial demonstrated that Jose, during an act of domestic violence, stabbed the victim sixteen times in her shoulder area while she and her minor son were asleep in bed. The victim is also a member of the Tohono O’odham Nation, and the assault occurred on the Tohono O’odham Indian Reservation. The Court enhanced Jose’s sentence based on a finding that the victim was vulnerable, as she had been sleeping just prior to the stabbing and that there were minor children present during the assault.
Upon release from prison, Jose will be on supervised release for three years. The terms of his supervision include no contact with the victim, the victim’s family, or any of the witnesses who testified at trial.
The investigation in this case was conducted by both the Tohono O’odham Police Department and the Federal Bureau of Investigation. The prosecution was handled by Serra M. Tsethlikai and Charisse Arce, Assistant U.S. Attorneys, District of Arizona, Tucson.
CASE NUMBER: CR-15-01387-TUC-JAS-BGM
RELEASE NUMBER: 2017-115_Jose
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Champagne, Illinois, Resident Guilty of Producing and Selling over 80,000 Homemade Tramadol Capsules to Customers Without Verifying PrescriptionsRead the Press Release
OWENSBORO, Ky. – A Champaign, Illinois, resident pleaded guilty in United States District Court today, before Chief Judge Joseph H. McKinley, to four felony charges including distributing Tramadol, a Schedule IV controlled substance, introduction of misbranded drugs, and wire fraud, announced United States Attorney Russell M. Coleman.
According to the plea agreement, Skyler Dean Prahl, 32, imported Tramadol powder from overseas and used an encapsulating machine to create Tramadol capsules. Tramadol is a synthetic opioid drug. For several years Prahl operated an online business marketing and selling Tramadol capsules and other substances to customers throughout the United States. Prahl sold well over 80,000 units of Tramadol to customers without inquiring or verifying that his customers had a valid prescription.
Prahl admitted that on August 31, 2015, he knowingly and intentionally possessed with the intent to distribute, and distributed Tramadol to an undercover agent.
He further admitted that on August 31, 2015, with the intent to mislead and defraud, he introduced a misbranded drug, Tramadol, into interstate commerce by shipping Tramadol from Champaign, Illinois, to Owensboro, Kentucky. The Tramadol was misbranded because its label failed to state the name and place of business of the manufacturer, packer, and distributor., and because it failed to bear adequate directions for use.
Lastly, Prahl admitted that between January 28, 2016, and March 5, 2016, he devised a wire fraud scheme. Specifically, Prahl used email to promise to deliver at least 3,000 Tramadol capsules to “Michael Riley” in return for $950, but failed to deliver the Tramadol capsules even after receiving the funds.
If convicted at trial, Prahl could have been sentenced to no more than 31 years in prison, fined, and order to serve a period of supervised release. Prahl remains free on bond until sentencing on March 12, 2018, in Owensboro, by Chief Judge McKinley.
This case is being prosecuted by Assistant United States Attorney David R. Weiser and is being investigated by the U.S. Food & Drug Administration - Office of Criminal Investigation (Owensboro, Kentucky, domicile) with assistance from the United States Postal Inspection Service (Evansville, Indiana, domicile) and DEA Diversion (Springfield, Illinois, Resident Office), and the Kentucky State Police, DESI-East.
prahl_skyler_plea_agreement_11_28_17.pdfCanadian Hacker Who Conspired with and Aided Russian FSB Officers Pleads GuiltyRead the Press Release
Karim Baratov, aka Kay, aka Karim Taloverov, aka Karim Akehmet Tokbergenov, 22, a Canadian national and resident, pleaded guilty today, to charges returned by a grand jury in the Northern District of California in February 2017. Baratov and three other defendants, including two officers of the Russian Federal Security Service (FSB), Russia’s domestic law enforcement and intelligence service, were charged with computer hacking and other criminal offenses in connection with a conspiracy to access Yahoo’s network and the contents of webmail accounts that began in January 2014. Baratov’s co-defendants, all of whom remain at large in Russia, are Dmitry Aleksandrovich Dokuchaev, 33, a Russian national and resident; Igor Anatolyevich Sushchin, 43, a Russian national and resident; and Alexsey Alexseyevich Belan, aka Magg, 29, a Russian national and resident.
The guilty plea was announced by Acting Assistant Attorney General Dana J. Boente of the National Security Division, U.S. Attorney Brian J. Stretch for the Northern District of California and Executive Assistant Director Paul Abbate of the FBI’s Criminal, Cyber, Response and Services Branch.
“Where a foreign law enforcement or intelligence agency recruits, tasks, or protects criminals targeting the United States and its companies or citizens, instead of taking steps to disrupt them and hold them accountable, the United States will leverage all of its available tools to expose that agency’s conduct and arrest those responsible,” said Acting Assistant Attorney General Boente. “Today’s plea exemplifies the Department’s commitment to pursuing, arresting and bringing to justice even those hackers who work for a foreign law enforcement or intelligence organization. We wish to thank the Canadian authorities for their skillful assistance in the investigation and arrest of Baratov and to acknowledge the contributions of the other nations and law enforcement services that provided invaluable assistance.”
“The illegal hacking of private communications is a global problem that transcends political boundaries. Cybercrime is not only a grave threat to personal privacy and security, but causes great financial harm to individuals who are hacked and costs the world economy hundreds of billions of dollars every year. These threats are even more insidious when cyber criminals such as Baratov are employed by foreign government agencies acting outside the rule of law,” said U.S. Attorney Stretch. “With the assistance of our law enforcement partners in Canada, we were able to track down and apprehend a prolific criminal hacker who had sold his services to Russian government agents. This prosecution again illustrates that we will identify and pursue charges against hackers who compromise our country’s computer infrastructure.”
“This case is a prime example of the hybrid cyber threat we’re facing, in which nation states work with criminal hackers to carry out malicious activities,” said Executive Assistant Director Abbate. “Today’s guilty plea illustrates how the FBI continues to work relentlessly with our private sector, law enforcement and international partners to identify and hold accountable those who conduct cyber attacks against our nation, no matter who they’re working with or where they attempt to hide.”
Baratov’s role in the charged conspiracy was to hack webmail accounts of individuals of interest to the FSB and send those accounts’ passwords to Dokuchaev in exchange for money. As alleged in the Indictment, Dokuchaev, Sushchin and Belan compromised Yahoo’s network and gained the ability to access Yahoo accounts. When they desired access to individual webmail accounts at a number of other internet service providers, such as Google and Yandex (based in Russia), Dokuchaev tasked Baratov to compromise those accounts. The Indictment is available here, and its allegations are summarized in greater detail in the press release that attended the unsealing of the Indictment on March 15.
As part of his plea agreement, Baratov not only admitted to agreeing and attempting to hack at least 80 webmail accounts on behalf of one of his FSB co-conspirators, but also to hacking more than 11,000 webmail accounts in total from in or around 2010 until his March 2017 arrest by Canadian authorities. Baratov advertised his services through a network of primarily Russian-language hacker-for-hire web pages hosted on servers around the world. He admitted that he generally spearphished his victims, sending them emails from accounts he established to appear to belong to the webmail provider at which the victim’s account was hosted (such as Google or Yandex). Baratov’s spearphishing emails tricked victims into (i) visiting web pages he constructed to appear legitimate, as though they belonged to the victims’ webmail providers and (ii) entering their account credentials into those web pages. Once Baratov collected the victims’ account credentials, he sent his customers screen shots of the victims’ account contents to prove that he had obtained access and, upon receipt of payment, provided his customers the victims’ log-in credentials.
Baratov pleaded guilty to Count One and Counts Forty through Forty-Seven of the Indictment. Count One charged Baratov, Dokuchaev, Sushchin and Belan with conspiring to violate the Computer Fraud and Abuse Act by stealing information from protected computers in violation of 18 U.S.C. § 1030(a)(2) and causing damage to protected computers in violation of 18 U.S.C. § 1030(a)(5)(A). Counts Forty through Forty-Seven charged Baratov and Dokuchaev with aggravated identity theft in violation of 18 U.S.C. § 1028A. As part of the plea agreement, in addition to any prison sentence, Baratov agreed to pay restitution to his victims and to pay a fine up to $2,250,000 (at $250,000 per count) with any assets he has remaining after satisfying a restitution award.
Baratov waived extradition from Canada and is being detained in California without bail.
Baratov’s sentencing hearing is scheduled for Feb. 20, 2018, before the Honorable Vincent Chhabria, U.S. District Court Judge, in San Francisco. The maximum statutory penalty for each count in violation of 18 U.S.C. §1030(b) is 10 years and a fine of $250,000, plus restitution, if appropriate. The maximum statutory penalty for each count in violation of 18 U.S.C. §1028A is two years (mandatory consecutive) and a fine of $250,000, plus restitution, if appropriate. However, any sentence, including restitution and fine, if any, will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The FBI, led by the San Francisco Field Office, conducted the investigation that resulted in the charges announced today. The case is being prosecuted by the U.S. Department of Justice National Security Division’s Counterintelligence and Export Control Section and the U.S. Attorney’s Office for the Northern District of California, with support of the Justice Department’s Office of International Affairs.
Canadian Hacker Who Conspired with and Aided Russian FSB Officers Pleads GuiltyRead the Press Release
SAN FRANCISCO – Karim Baratov, a/k/a “Kay,” a/k/a/Karim Taloverov, a/k/a Karim Akehmet Tokbergenov, pleaded guilty today to charges returned by a grand jury in the Northern District of California in February 2017. The guilty plea was announced by U.S. Attorney Brian J. Stretch; Acting Assistant Attorney General Dana J. Boente of the U.S. Justice Department’s National Security Division; Executive Assistant Director Paul Abbate of the Federal Bureau of Investigation’s Criminal, Cyber, Response and Services Branch; and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett.
Baratov, 22, a Canadian national and resident, and three other defendants, including two officers of the Russian Federal Security Service (“FSB”), Russia’s domestic law enforcement and intelligence service, were charged with computer hacking and other criminal offenses in connection with a conspiracy to access Yahoo’s network and the contents of webmail accounts that began in January 2014. Baratov’s co-defendants, all of whom remain at large in Russia, all are Russian nationals and residents: Dmitry Aleksandrovich Dokuchaev, 33; Igor Anatolyevich Sushchin, 43; and Alexsey Alexseyevich Belan, a/k/a “Magg,” 29.
According to his plea agreement, Baratov’s role in the charged conspiracy was to hack webmail accounts of individuals of interest to the FSB and send those accounts’ passwords to Dokuchaev for money. As alleged in the indictment, Dokuchaev, Sushchin, and Belan compromised Yahoo’s network and gained the ability to access Yahoo accounts. When they desired access to individual webmail accounts at a number of other internet service providers, such as Google and Yandex (based in Russia), Dokuchaev tasked Baratov to compromise such accounts.
“The illegal hacking of private communications is a global problem that transcends political boundaries. Cybercrime is not only a grave threat to personal privacy and security, but causes great financial harm to individuals who are hacked and costs the world economy hundreds of billions of dollars every year. These threats are even more insidious when cyber criminals such as Baratov are employed by foreign government agencies acting outside the rule of law,” said U.S. Attorney Stretch. “With the assistance of our law enforcement partners in Canada, we were able to track down and apprehend a prolific criminal hacker who had sold his services to Russian government agents. This prosecution again illustrates that we will identify and pursue charges against hackers who compromise our country’s computer infrastructure.”
“Where a foreign law enforcement or intelligence agency recruits, tasks, or protects criminals targeting the United States and its companies or citizens, instead of taking steps to disrupt them and hold them accountable, the United States will leverage all of its available tools to expose that agency’s conduct and arrest those responsible,” said Acting Assistant Attorney General Boente. “Today’s plea exemplifies the Department’s commitment to pursuing, arresting, and bringing to justice even those hackers who work for a foreign law enforcement or intelligence organization. We wish to thank the Canadian authorities for their skillful assistance in the investigation and arrest of Baratov and to acknowledge the contributions of the other nations and law enforcement services that provided invaluable assistance.”
“This case is a prime example of the hybrid cyber threat we’re facing, in which nation states work with criminal hackers to carry out malicious activities,” said Executive Assistant Director Paul Abbate of the FBI’s Criminal, Cyber, Response and Services Branch. “Today’s guilty plea illustrates how the FBI continues to work relentlessly with our private sector, law enforcement, and international partners to identify and hold accountable those who conduct cyber attacks against our nation, no matter who they’re working with or where they attempt to hide.”
“Today's guilty plea is a testament to the FBI's tireless commitment to tracking down cyber-criminals who think they can anonymously attack our country's cyber infrastructure,” said FBI Special Agent In Charge Bennett. “The FBI is determined to find, unmask, and identify criminals who steal the information of our citizens. With the help of our law enforcement partners around the world, we were able to expose this type of criminal behavior and bring them to justice.”
As part of his plea agreement, Baratov not only admitted to agreeing and attempting to hack at least 80 webmail accounts on behalf of one of his FSB co-conspirators, but also to hacking more than 11,000 webmail accounts in total from in or around 2010 until his March 2017 arrest by Canadian authorities. Baratov advertised his services through a network of primarily Russian-language hacker-for-hire web pages hosted on servers around the world. He admitted that he generally spearphished his victims, sending them emails from accounts he established to appear to belong to the webmail provider at which the victim’s account was hosted (such as Google or Yandex). Baratov’s spearphishing emails tricked victims into (i) visiting web pages he constructed to appear legitimate, as though they belonged to the victims’ webmail providers, and (ii) entering their account credentials into those web pages. Once Baratov collected the victims’ account credentials, he sent his customers screen shots of the victims’ account contents to prove that he had obtained access and, upon receipt of payment, provided his customers the victims’ log-in credentials.
Baratov pleaded guilty to Count One and Counts Forty through Forty-Seven of the Indictment. Count One charged Baratov, Dokuchaev, Sushchin, and Belan with conspiring to violate the Computer Fraud and Abuse Act by stealing information from protected computers in violation of 18 U.S.C. § 1030(a)(2) and causing damage to protected computers in violation of 18 U.S.C. § 1030(a)(5)(A). Counts Forty through Forty-Seven charged Baratov and Dokuchaev with aggravated identity theft in violation of 18 U.S.C. § 1028A. As part of the plea agreement, in addition to any prison sentence, Baratov agreed to pay restitution to his victims, and to pay a fine up to $2,250,000 (at $250,000 per count) with any assets he has remaining after satisfying a restitution award.
Baratov waived extradition from Canada and is being detained in California without bail.
Baratov’s sentencing hearing is scheduled for February 20, 2018, at 3:00 p.m., before the Honorable Vincent Chhabria, U.S. District Court Judge, in San Francisco. The maximum statutory penalty for each count in violation of 18 U.S.C. §1030(b) is 10 years and a fine of $250,000, plus restitution, if appropriate. The maximum statutory penalty for each count in violation of 18 U.S.C. §1028A is two years (mandatory consecutive) and a fine of $250,000, plus restitution, if appropriate. However, any sentence, including restitution and fine, if any, will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The FBI’s San Francisco Field Office led the investigation that resulted in the charges announced today. The case is being prosecuted by the U.S. Attorney’s Office for the Northern District of California and the U.S. Department of Justice National Security Division’s Counterintelligence and Export Control Section with support of the Justice Department’s Office of International Affairs.
California Man Sentenced to Two Years for Identity TheftRead the Press Release
PHOENIX – Earlier this month, Kevin Matthew Bianchi, 47 of Petaluma, Calif., was sentenced by U.S. District Judge David L. Rayes to two years’ imprisonment for aggravated identity theft and credit card fraud. Bianchi had previously pleaded guilty to both charges.
Bianchi was involved with others, in perpetrating fraudulent schemes in California and Arizona. Bianchi possessed and used counterfeit credit cards and driver’s licenses to defraud the United States Postal Service in an amount exceeding $19,000 in Arizona.
The investigation in this case was conducted by by the United States Postal Inspection Service. The prosecution was handled by Charles F. Hyder, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-17-00323-PHX-DLR
RELEASE NUMBER: 2017-114_Bianchi
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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