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Wednesday 15 November 2017
Dorchester Man Pleads Guilty to Federal Firearm and Narcotics ChargesRead the Press Release
BOSTON – A Dorchester man pleaded guilty today in federal court in Boston to his role in a wide-ranging operation that distributed heroin and fentanyl throughout Cape Cod.
James Ramirez, 55, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute cocaine and 400 grams or more of fentanyl. Ramirez also pleaded guilty to possession of a firearm by a convicted felon. U.S. District Court Judge William G. Young scheduled sentencing for March 8, 2018.
Ramirez was one of four defendants arrested as part of a drug ring that shipped large quantities of fentanyl, cocaine and heroin from Boston to Cape Cod, where it was then redistributed. Ramirez and alleged co-defendant Kelvin Chalas, a/k/a Jose Solivan, supplied drugs to Alex and Kevin Fraga, brothers located on Cape Cod. On Aug. 16, 2017, Kevin and Alex Fraga were arrested by federal investigators after large quantities of fentanyl, heroin and cocaine were seized. Approximately one week later, Chalas and Ramirez were arrested, and law enforcement seized fentanyl pills and powdered fentanyl from a drug stash house in Dorchester, Ramirez’s home in Dorchester, and a safety deposit box at Santander Bank in Dorchester.
Kevin and Alex Fraga have pleaded guilty and are scheduled to be sentenced on Jan. 24, 2018, and Feb. 8, 2018, respectively. Chalas has been indicted by a federal grand jury.
The drug charge provides for a mandatory minimum sentence of 20 years and up to life in prison, 10 years and up to a lifetime of supervised release and a fine of up to $10 million. The firearms charge provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of up to $250,000. 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; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Cape and Islands District Attorney Michael O’Keefe made the announcement today. The investigation was led by the DEA Cape Cod Resident Office and the Massachusetts State Police - Cape & Islands District Attorney’s Office in conjunction with the Brewster, Harwich, Sandwich, Mashpee, Chatham, Yarmouth, and Barnstable Police Departments and the Barnstable County Sheriff’s Department. Assistant U.S. Attorney Eric Rosen of Weinreb’s Criminal Division is prosecuting the case.
The details contained in the indictment are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Pleads Guilty to Identity Theft and Social Security FraudRead the Press Release
BOSTON – A Dominican national pleaded guilty today in federal court in Boston to stealing the identity of a U.S. citizen from Puerto Rico.
Jhonny Emilio Pimentel Aybar, 35, a Dominican national who most recently resided in Everett, pleaded guilty to three counts of misuse of a Social Security number and three counts of aggravated identity theft. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Feb. 7, 2018.
From at least August 2012 to August 2014, Aybar used a stolen identity to register as a Level 3 sex offender with the Everett Police Department. Aybar has been required to register as a Level 3 offender since his 2008 conviction for indecent assault and battery on a child under 14 in the Essex County Superior Court.
The charge of Social Security fraud provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory minimum sentence of two years in prison, to be served consecutively to any sentence imposed on the Social Security fraud count. Aybar will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant United States Attorney Anne Paruti of Weinreb’s Major Crimes Unit is prosecuting the case.
Doctor and Wife from Wayne, New Jersey, Plead Guilty in Test-Referral Bribe Scheme with New Jersey Clinical LabRead the Press Release
NEWARK, N.J. – A cardiologist with a practice in Paterson, New Jersey, and his wife pleaded guilty today to their involvement in a test-referral bribe scheme operated by Biodiagnostic Laboratory Services LLC (BLS), of Parsippany, New Jersey, its president and numerous associates, Acting U.S. Attorney William E. Fitzpatrick announced.
Aiman Hamdan, 50, pleaded guilty before U.S. District Judge Stanley R. Chesler to a superseding information charging him with accepting bribes in violation of the Federal Travel Act. His wife, Kristina Hamdan, 39, pleaded guilty before Judge Chesler to Counts One and Thirteen of an indictment charging her with conspiracy to violate the Anti-Kickback Statute, the Federal Travel Act and the honest services wire fraud statute, and conspiracy to commit money laundering.
According to documents filed in this case and statements made in court:
In September 2008, Aiman Hamdan was given a $500,000 loan by BLS in exchange for his agreement to refer patient blood samples to BLS. From October 2008 through November 2008, Aiman Hamdan caused approximately $53,000 of blood samples to be referred to BLS, resulting in the lab being paid that amount by Medicare and private insurance companies.
From November 2009 through April 2013, Kristina Hamdan, a former sales employee of the lab, agreed with others to pay doctors illegal bribes in exchange for the doctors’ agreement to refer patient blood specimens to BLS. For example, Kristina Hamdan bribed Yousef Zibdie, 53, of Wayne, an internal medicine doctor with a practice in Woodland Park, in exchange for generating more than $900,000 in lab business for BLS. The bribes were funded by BLS and, in an effort to obscure the source and nature of the payments, paid to the doctors by Kristina Hamdan through a sham entity that also paid the Hamdans’ household and personal expenses.
Aiman Hamdan faces a maximum potential penalty of five years in prison on the Federal Travel Act charge. Kristina Hamdan faces a maximum potential penalty of five years in prison on Count One of the indictment and a maximum potential penalty of 20 years in prison on Count Thirteen of the indictment. Each count also carries a maximum $250,000 fine, or twice the gross gain or loss from the offense.
As part of their guilty pleas, Aiman and Kristina Hamdan agreed to forfeit and pay back $15,000 and $1.2 million in criminal proceeds, respectively. Sentencing for both defendants is scheduled for Feb. 14, 2018.
Zibdie previously pleaded guilty on June 21, 2017 and awaits sentencing.
The investigation has thus far resulted in 53 convictions – 38 of them doctors – in connection with the bribery scheme, which its organizers have admitted involved millions of dollars in bribes and resulted in more than $100 million in payments to BLS from Medicare and various private insurance companies. It is believed to be the largest number of medical professionals ever prosecuted in a bribery case.
The investigation has to date recovered more than $13 million through forfeiture. On June 28, 2016, BLS, which is no longer operational, pleaded guilty and was required to forfeit all of its assets.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark; inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Joseph W. Cronin; IRS–Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen; and the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, with the ongoing investigation.The government is represented by Senior Litigation Counsel Joseph N. Minish, Assistant U.S. Attorneys Danielle Alfonzo Walsman, Charles Graybow, and Jacob T. Elberg, Chief of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark, as well as Assistant U.S. Attorney Barbara Ward, Acting Chief of the office’s Asset Forfeiture and Money Laundering Unit.
The New Jersey U.S. Attorney’s Office reorganized its health care fraud practice in 2010 and created a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since that time, the office has recovered more than $1.37 billion in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.
Defense counsel:
Aiman Hamdan: Lee Vartan Esq., West Orange, New Jersey, and Joseph A. Hayden, Jr., Esq., Hackensack, New Jersey
Kristina Hamdan: Edward J. Bilinkas Esq., Randolph, New JerseyDefendants Charged in Armed Robbery of Jewelry Store in Downtown BrooklynRead the Press Release
Earlier today, Darryl Odom was arrested in connection with the May 25, 2017 armed robbery of Court Street Jewelers located at 60 Court Street in Brooklyn, New York. Odom and three coconspirators who were previously arrested – Kenneth Davis, Shaka Davis and Lashawn Williams – are charged in a superseding indictment in the Eastern District of New York with Hobbs Act robbery, Hobbs Act robbery conspiracy and brandishing a firearm during the commission of the robbery. Odom and another coconspirator, Leonard Hinton, are also charged in the indictment with the robbery at knifepoint of a jewelry store at 98 Smith Street in Brooklyn on February 10, 2017. Odom is scheduled to be arrigned this afternoon before United States Magistrate Judge James Orenstein.
Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, Ashan M. Benedict, Special Agent-in-Charge, New York Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.
According to the court documents, at approximately 5:15 p.m., Odom and his coconspirators entered the jewelry store at 60 Court Street disguised as construction workers while another perpetrator waited outside as a lookout. Once inside the store, one of the robbers pistol-whipped the store owner with a gun, causing lacerations to his head. Odom and the other perpetrators grabbed several hundred thousand dollars in cash and jewelry during the robbery. They fled to a nearby subway station where their images were recorded by surveillance cameras. Law enforcement officers collected numerous pieces of evidence dropped by the perpetrators in the subway station, including gloves worn during the robbery, a hardhat and an envelope containing approximately $10,000 in cash.
“As alleged, the defendant and his co-conspirators engaged in a violent gunpoint robbery in broad daylight, then tied-up and beat the store owner,” stated Acting United States Attorney Rohde. “Thanks to the relentless investigative efforts by our law enforcement partners at the ATF and the NYPD, the defendants will now he held to account for their crimes.”
“Darryl Odom is alleged to have participated in an armed robbery of a jewelry store during which the store owner was violently assaulted and injured as a result. The defendants are alleged to have escaped with jewelry, gold and cash,” stated ATF Special Agent-in-Charge Benedict. “This was a carefully organized crime, even going so far as to have a participant wait outside wearing a disposable hazmat suit hold a sign that asbestos work was underway in order to prevent others from entering the store while the robbery took place. I would like to extend my gratitude to the Special Agents and NYPD Detectives on the ATF/NYPD SPARTA Joint Robbery Task Force and the U.S. Attorney’s Office for their work in swiftly bringing the defendants to justice.”
“Thanks to the NYPD and our law enforcement partners these individuals were apprehended following an armed robbery that played out in a local business and on the streets of New York City,” stated Police Commissioner O’Neill. “I commend the investigators involved who worked diligently to ensure these individuals were held accountable for this act of violence.”
The charges in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants face a mandatory minimum of seven years in prison.
The government’s case is being handled by the Office’s General Crimes Section. Assistant United States Attorneys Josh Hafetz and Special Assistant United States Attorney Benjamin Saltzman are in charge of the prosecution.
The Defendants:
DARRYL ODOM
Age: 53
Residence: Bronx, New YorkKENNETH DAVIS
Age: 52
Residence: Brooklyn, New YorkSHAKA DAVIS
Age: 29
Residence: Brooklyn, New YorkLASHAWN WILLIAMS (“Ron Johnson”)
Age: 48
Residence: Bronx, New YorkLEONARD HINTON (“Bebe”)
Age: 54
Residence: Brooklyn, New YorkE.D.N.Y. Docket No. 17-MJ-668; 17-CR-432 (BMC)
Children's Advocacy Center of the Bluegrass to Receive Funds Resulting from Federal Government's Forfeiture and Sale of Residence Owned by Two Men Convicted of Child AbuseRead the Press Release
Photo taken by U.S. Attorney's Office - EDKY Officials in the picture from Left to Right: Acting U.S. Attorney Carlton S. Shier, IV, Lou Anna Red Corn, Fayette County Commonwealth Attorney, Amy Hess, Special Agent in Charge, FBI Louisville, Chief Mark G. Barnard, Lexington Police Department, Lieutenant Ann Welch, Lexington Police Department, Winn Stephens, Executive Director, Children's Advocacy Center of the Bluegrass, Kimberly Kidd, Special Agent, FBI, Sue Thornton, Paralegal Contractor, U.S. Attorney's Office Forfeiture Unit and Wade Napier, AUSA, U.S. Attorney's Office Forfeiture Unit.Local law enforcement partners that participated in the criminal prosecution
to share forfeited funds with local Children’s Advocacy Center
LEXINGTON, Ky. – The United States Attorney’s Office, the Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section, the FBI, the Fayette Commonwealth Attorney’s Office, the Lexington Police Department, and the Children’s Advocacy Center of the Bluegrass (CAC) jointly announced today that a portion of proceeds from the sale of the Lexington residence owned by two men convicted of child abuse will be shared with the CAC.
Beginning in 2014, the Fayette Commonwealth’s Attorney’s Office prosecuted brothers Jack and Jerry Cassidy for possession of child pornography and for the sexual abuse of six minor victims, which dated back to the 1970s. The Cassidys met their abuse victims through volunteer work in the Lexington community. The victims were 15 years of age or younger at the time of the abuse and much of that abuse occurred at the brother’s Lexington residence, which is located on Mason Headley Road. The Lexington Police Department’s investigation of the case began when emergency personnel and police were called to the residence in August 2014. Upon their arrival, the police found that the Cassidys had documented their abuse of victims, in diaries and other writings, and had evidence of that abuse on display in the house.
Both brothers entered guilty pleas to nine criminal counts, which included possession of child pornography, sexual abuse, sodomy and indecent and immoral practices (a pre-penal code offense). Fayette Circuit Court Judge Kimberly Bunnell has sentenced both men to 20 years in state prison, the maximum allowed by Kentucky law.
In 2015, the United States Attorney’s Office filed a civil forfeiture action against the Mason Headley residence, asserting that the home had facilitated the interstate transport of minors for the purpose of sexual assault. Federal civil asset forfeiture law allows the federal government to file lawsuits against property that has been used to facilitate a violation of federal law, or is otherwise the proceeds of a federal criminal violation. The Cassidys agreed to the forfeiture of their residence, which was then awarded to the federal government and eventually sold by the United States Marshals Service.
Through the federal government’s asset forfeiture equitable sharing program, the FBI is permitted to share up to 80 percent of the net proceeds of forfeited assets, with the local law enforcement partners who participated in the investigation and prosecution of the case. In turn, local law enforcement partners are each permitted to transfer their shared funds, up to $25,000 per year, to community-based organizations that serve a law enforcement purpose.
In this case, the FBI has shared the maximum amount allowed from the sale of the residence with its two local partners in the investigation: the Lexington Police Department and the Fayette Commonwealth Attorney’s Office. Both of these partners have elected to transfer the maximum amount of their shared funds to the CAC this year ($50,000 in total), with remaining shared funds being transferred next year.
The CAC is a community-based organization that advocates on behalf of children alleged to have been abused; assists in the coordination of investigations of child abuse, by providing a location for forensic interviews and medical examinations; promotes the coordination of services for children alleged to have been abused; and provides, directly or by agreement, services that include forensic interviews, medical examinations, mental health and related support services, court advocacy, consultation, and training.
“These men committed appalling offenses against minor victims and used their home to facilitate their criminal conduct,” said Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky. “We were able to use the tools available to us under federal law to forfeit an instrument of their cruelty and, with the assistance of our valued law enforcement partners, convert it into a genuine benefit to future child abuse investigations in our community and the provision of essential services to victims of child abuse.”
“Under Kentucky law, our office could not obtain forfeiture of the property where these horrible acts occurred,” said Lou Anna Red Corn, Fayette Commonwealth’s Attorney. We are fortunate in Lexington to have law enforcement agencies that work together like this, and as result of these shared funds, we are turning something horrible into something healing for child sexual abuse victims.”
“Detectives in our Special Victims Section utilize the Children’s Advocacy Center nearly every day,” said Lexington Police Chief Mark Barnard. “The CAC provides a nurturing, friendly and safe environment to observe child interviews and meet with families and counselors. Our partnership with the CAC plays a necessary and important role in investigating and prosecuting crimes against young victims. Central Kentucky law enforcement agencies have come to rely on the CAC, so this financial contribution to support its mission of reducing the trauma experienced by child victims of sexual abuse was simply the right thing to do.”
“The Children’s Advocacy Center of the Bluegrass is honored to receive these funds,” said Winn Stephens, Executive Director of the Children’s Advocacy Center of the Bluegrass. “We are going to change the narrative of this story. What started as a horrible crime will ultimately result in helping hundreds of children overcome the abuse they suffered. These funds will also be utilized to aid in the investigation and prosecution of child abuse cases and to make sure other individuals who hurt our most vulnerable citizens are swiftly brought to justice.”
Chief Judge Administers Oath of Office to United States Attorney Rick A. MountcastleRead the Press Release
Roanoke, VIRGINIA – On November 15, 2017, Chief Judge Michael F. Urbanski of the United States District Court for the Western District of Virginia administered the oath of office to Rick A. Mountcastle to serve as United States Attorney for the Western District of Virginia, pursuant to his appointment by United States Attorney General Jefferson B. Sessions. Mr. Mountcastle has served as the Acting United States Attorney since January 7, 2017. He has been a federal prosecutor for more than thirty years, first with the Department of Justice and, for the last twenty-two years, with the United States Attorney’s Office. During his tenure with the United States Attorney’s Office, he has served as First Assistant United States Attorney and, before that, as Civil Chief. By law, the appointment is for 120 days or until the Senate confirms a United States Attorney nominated by President Donald J. Trump.
Chicago Investment Advisor Charged with Fraud for Allegedly Misappropriating More Than $5 Million in Client FundsRead the Press Release
CHICAGO — A Chicago investment advisor stole more than $5 million from several clients, including his elderly in-laws, and used some of the cash on a mortgage and a luxury automobile, according to federal criminal charges filed today.
DANIEL GLICK, who owned three accounting and financial services firms in Orland Park, Ill., misappropriated at least $5.2 million from clients and financial institutions from 2011 to 2017, according to a criminal information filed in U.S. District Court in Chicago. Glick furnished forged checks and other phony documents to financial institutions, and he lied to clients about the use and safety of their investments, the information states. Most of the funds that Glick misappropriated belonged to elderly clients, including his mother-in-law and father-in-law and an individual in a nursing home, the information states. Glick used some of the stolen funds to pay personal and business expenses, including the purchase of a Mercedes-Benz automobile, payment of his mortgage, and repayment of two business loans, according to the charges.
The information charges Glick, 64, of Chicago, with one count of wire fraud. Arraignment in federal court in Chicago has not yet been scheduled.
The information was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation. The government is represented by Assistant U.S. Attorney Jacqueline Stern. The U.S. Securities and Exchange Commission provided valuable assistance.
During the alleged scheme, Glick owned and operated Financial Management Strategies Inc., Glick Accounting Services Inc., and Glick & Associates Ltd. Glick’s firms purported to provide accounting, tax, investment, and financial services.
According to the charges, Glick forged his in-laws’ signatures on letters and checks, allowing for the transfer of hundreds of thousands of dollars from their checking account to his company’s checking account. Glick also convinced another family to pay him $700,000 in fees, even though, unbeknownst to them, he had already misappropriated hundreds of thousands of dollars from them.
The charges also accuse Glick of misappropriating client funds to pay hundreds of thousands of dollars to two business associates, and to make Ponzi-type payments to clients. Glick also provided false account statements to clients in an effort to conceal his misappropriation of their funds, the information states.
The public is reminded that an information contains only charges and is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Wire fraud carries a maximum penalty of 20 years in prison. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
Buffalo Man Sentenced for Role in Cross-Country Cocaine Trafficking ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Rashawn Dewer, 37, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine, was sentenced to 120 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that the defendant was an organizer in a conspiracy that transported kilograms of cocaine from Texas to Buffalo and cash proceeds from Buffalo to Texas. Law enforcement agencies in multiple jurisdictions, including the State of Louisiana, made multiple seizures including:
• On August 16, 2014, law enforcement officers stopped a vehicle in the vicinity of Covington, Louisiana, that was traveling from Buffalo to Texas. Inside a hidden compartment in the vehicle was approximately $330,020. That money originated from the defendant, was being transported at the defendant’s direction, and was payment for cocaine;
• On January 20, 2016, law enforcement officers stopped a vehicle in the area of Lake Charles, Louisiana that was traveling to Texas. Inside a hidden compartment in the vehicle were over $275,000. That money originated from the defendant and was being transported at the defendant’s direction; and
• On February 22, 2016, law enforcement officers stopped a vehicle driven by a co-conspirator in the area of Lake Charles, Louisiana. Seized from inside the vehicle was approximately $798,021. At the time, the co-conspirator resided in Sugarland, Texas. After arrest, the co-conspirator asked an associate to call a telephone number that was subscribed to a second co-conspirator, who resided in Buffalo, to say, “I’m not going to make it.” On the money wrappings, one latent fingerprint was developed and found to match known prints from defendant Dewer.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division.
Buffalo Man Pleads Guilty to Fentanyl and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Antwone K. Dean, 37, of Buffalo, NY, pleaded guilty to possession with intent to distribute 40 grams or more of fentanyl and possession of a firearm in furtherance of drug trafficking, before U.S. District Judge Elizabeth A. Wolford. The charges carry a minimum penalty of 10 years in prison, a maximum of life, and a $1,000,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that the defendant is on parole for a 2001 manslaughter conviction. On November 22, 2016, New York State parole officers visited Dean’s residence on East Eagle Street for inspection. Inside, they found the defendant, a loaded .45 caliber pistol, and a bag of powder containing fentanyl and butyryl fentanyl.
The plea is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the Drug Enforcement Administration, under the direction of James J. Hunt, New Special Agent-in-Charge, New York Field Division; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in- Charge Ashan Benedict, New York Field Division.
Sentencing is scheduled for February 22, 2018, at 4:00 p.m. before Judge Wolford.
Buffalo Man Arrested for Selling HeroinRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jawayne Watkins, 29, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, heroin. The charge carries a maximum sentence of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, in July 2017, an undercover officer made a $1,500 controlled purchase heroin from the defendant. Prior to the purchase, investigators surveilled the defendant as he left his Thompson Street residence and traveled to meet the undercover officer. Investigators then followed Watkins as he conducted what appeared to be another drug transaction on Farmer Street before returning to his Thompson Street residence.
Watkins is currently on New York State parole and living in a halfway house.
The complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on November 28, 2017.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Brothers Charged with Possessing Fentanyl/Heroin MixtureRead the Press Release
PITTSBURGH – Two Allegheny County brothers have been indicted by a federal grand jury in Pittsburgh and charged with a violation of the federal narcotics laws, Acting United States Attorney Soo C. Song announced today.
The one-count indictment, returned on November 14, named the defendants as:
- Rondell Lawrence, 28, of Wilmerding, PA; and
- Ronnell Lawrence, 31, of McKeesport, PA.
According to the indictment, on or about July 11, 2017, the defendants possessed with the intent to distribute 40 grams or more of a mixture containing fentanyl and heroin.
The law provides for a maximum total sentence of not less than five years in prison and up to 40 years in prison, a fine of up to $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, the Allegheny County District Attorney’s Narcotics Enforcement Team (DANET), and the Pittsburgh Bureau of Police 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.
Brockton Man Pleads Guilty to Drug TraffickingRead the Press Release
BOSTON – A Brockton man pleaded guilty today in federal court in Boston to drug trafficking charges.
Kenneth Burke, 31, pleaded guilty to one count of conspiracy to distribute cocaine. U.S. District Court Chief Judge Patti B. Saris scheduled sentencing for March 21, 2018.
Burke distributed cocaine in the Brockton area that he received from co-defendant Luis Rivera, a/k/a “Fat Louie,” who conducted a robust crack cocaine and cocaine trafficking business in the area. Rivera pleaded not guilty to federal charges and is scheduled to stand trial in January 2018.
The charge of conspiracy to distribute cocaine provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; John Gibbons, U.S. Marshal for the District of Massachusetts; Maura Healey, Attorney General of Massachusetts; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Boston Police Commissioner William Evans; Chelsea Police Chief Brian Kyes; and Brockton Police Chief John Crowley made the announcement today. The U.S. Attorney’s Office also acknowledges the assistance of the Suffolk and Middlesex County Sheriff Departments and the Malden, Revere and Everett Police Departments. Weinreb’s Organized Crime and Gang Unit is prosecuting the case.
Boston Gang Member Sentenced for Illegal Gun PossessionRead the Press Release
BOSTON – A member of the Castlegate Road street gang was sentenced today in federal court in Boston for a federal firearm offense.
Wesner Theodore, 29, of Boston, was sentenced by U.S. District Court Judge Denise J. Casper to 26 months in prison and three years of supervised release, during which time he is subject to a curfew and prohibited from entering the area of Castlegate Road and associating with 16 identified individuals. In May 2017, Theodore pleaded guilty to one count of being a felon in possession of a firearm.
On April 17, 2016, Theodore was found in possession of a black and silver Lorcin Model L380 .380 semi-automatic pistol and seven rounds of .380 caliber ammunition. Due to a 2012 state conviction for assault with a dangerous weapon and illegal possession of a firearm, Theodore was prohibited from possessing a firearm and ammunition.
Acting U.S. Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner William Evans made the announcement today. The case was prosecuted by Weinreb’s Organized Crime and Gang Unit.
Attorney General Jeff Sessions Appoints Trent Shores to U.S. Attorney Advisory CommitteeRead the Press Release
Attorney General Jeff Sessions today announced the appointment of nine new U.S. Attorneys to serve two-year terms on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). The AGAC was created in 1973 and reports to the Attorney General through the Deputy Attorney General. AGAC represents the U.S. Attorneys and provides advice and counsel to the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys.
The new appointees include: U.S. Attorney for the Southern District of Alabama Richard Moore; U.S. Attorney for the District of Utah John W. Huber; U.S. Attorney for the District of Columbia Jessie K. Liu; U.S. Attorney for the Northern District of Ohio Justin E. Herdman; U.S. Attorney for the Eastern District of North Carolina Robert Higdon; U.S. Attorney for the Northern District of Oklahoma Robert Trent Shores; U.S. Attorney for the Southern District of Indiana Joshua Minkler; U.S. Attorney for the Eastern District of Missouri Jeff Jensen; and Acting U.S. Attorney for the District of Alaska Bryan Schroder.
U.S. Attorney Richard Moore will serve as the Chair of AGAC, and U.S. Attorney John W. Huber will serve as the Vice Chair.
“I am pleased to announce the first members of the Attorney General’s Advisory Committee under this administration. These U.S. Attorneys will play an important role in carrying out the Department of Justice’s mission to reduce violent crime, combat transnational crimination organizations, secure our southern border, end the devastating opioid crisis, and return to the rule of law,” said Attorney General Sessions.
“I am honored to serve on Attorney General Sessions’ Advisory Committee,” stated US Attorney Shores. “I will rely on my experience as a career prosecutor who has worked on a diverse variety of cases - from violent crimes in Indian Country to public corruption to transnational human trafficking organizations - to provide counsel that helps to accomplish our core mission of serving justice, as outlined by the Attorney General.”
A brief bio on each nominee is below:
Richard Moore (Chair)
The Senate confirmed Richard Moore’s appointment as United States Attorney for the Southern District of Alabama in September 2017. Prior to this appointment, Mr. Moore served as the Inspector General for the Tennessee Valley Authority. From May 2009 to March 2011, Mr. Moore was the Chairman of the Investigations Committee for the Council of Inspectors General on Integrity and Efficiency. Prior to this position, Mr. Moore served as an Assistant United States Attorney for the Southern District of Alabama from 1985 to 2003. From 1997 to 1998, Mr. Moore was an Atlantic Fellow in Public Policy at Oxford University in England. Mr. Moore received his B.S., summa cum laude, from Spring Hill College and his J.D. from the Samford University Cumberland School of Law.
John W. Huber (Vice Chair)
Since June 2015, John Huber has served as the United States Attorney for the District of Utah, and in August 2017, the Senate again confirmed his appointment. Prior to being United States Attorney, Mr. Huber served as an Assistant United States Attorney for thirteen years. Mr. Huber began his prosecutorial career in the Weber County (Utah) Attorney’s Office, and later served as the Chief Prosecutor for West Valley City, Utah, before joining the United States Attorney’s Office in 2002. Mr. Huber received his B.A. from the University of Utah and his J.D. from the University of Utah College of Law.
Justin E. Herdman
The Senate confirmed Justin Herdman’s appointment as United States Attorney for the Northern District of Ohio in August 2017. Prior to this appointment, Mr. Herdman was a partner at Jones Day and an Assistant United States Attorney in Cleveland, Ohio. Mr. Herdman previously served as an Assistant District Attorney in New York City from 2001 to 2005 and as an associate at Vorys, Sater, Seymour and Pease, LLP. He is currently a Judge Advocate General in the United States Air Force Reserve. Mr. Herdman received his B.A. from Ohio University, his Master of Philosophy from the University of Glasgow and his J.D. from Harvard Law School.
Robert Higdon
The Senate confirmed Robert Higdon to be United States Attorney for the Eastern District of North Carolina in October 2017. Prior to this appointment, Mr. Higdon was a partner at the law firm of Williams Mullen. He previously served as an Assistant United States Attorney in both the Western and Eastern Districts of North Carolina. In the Eastern District U.S. Attorney’s Office, Mr. Higdon served as Chief of the Criminal Division for more than 11 years. Mr. Higdon also served as senior trial counsel in the Public Integrity Section of the Department of Justice. He received his B.A., cum laude, from Wake Forest University and his J.D. from Wake Forest University School of Law.
Jeff Jensen
The Senate confirmed Jeff Jensen to be United States Attorney for the Eastern District of Missouri in October 2017. Prior to this appointment, Mr. Jensen was a partner at Husch Blackwell LLP. He served as an Assistant United States Attorney in the Eastern District of Missouri starting in 1999, and was Executive United States Attorney from 2005 to 2009. Prior to joining the U.S. Attorney’s Office, Mr. Jensen was an FBI Special Agent from 1989 to 1999. While working at the FBI, Mr. Jensen attended St. Louis University School of Law at night, graduating magna cum laude. He also received his B.A., cum laude, from Indiana University School of Business.
Jessie K. Liu
The Senate confirmed Jessie Liu to be United States Attorney for the District of Columbia in September 2017. Ms. Liu was previously Deputy General Counsel for the United States Department of the Treasury and a partner at the law firms of Morrison & Foerster LLP and Jenner & Block LLP. In addition, she has served as an Assistant United States Attorney in the District of Columbia and in several senior positions in the United States Department of Justice, including as Deputy Assistant Attorney General in the Civil Rights Division, counsel to the Deputy Attorney General, and deputy chief of staff for the National Security Division. Ms. Liu clerked for then-Chief Judge Carolyn Dineen King of the United States Court of Appeals for the Fifth Circuit. She received her A.B., summa cum laude, from Harvard University and her J.D. from Yale Law School.
Joshua Minkler
The Senate confirmed Joshua Minkler to be United States Attorney for the Southern District of Indiana in October 2017. Since June 2015, Mr. Minkler had served as the interim United States Attorney for the Southern District of Indiana. Prior to that position, he served for 21 years as an Assistant United States Attorney in the Southern District of Indiana. Before he joined the U.S. Attorney’s Office, Mr. Minkler served for five years as an assistant prosecuting attorney in the Office of the Kent County Michigan Prosecuting Attorney. Mr. Minkler received his B.A. from Wabash College, and his J.D. from Indiana University Maurer School of Law.
Bryan Schroder
Bryan Schroder’s nomination to be United States Attorney for the District of Alaska is pending in the Senate. Mr. Schroder is currently the Acting United States Attorney for the District of Alaska, and previously served as the First Assistant United States Attorney and Criminal Chief. Mr. Schroder has served in the U.S. Attorney’s Office for more than 11 years. Mr. Schroder is a retired Captain in the U.S. Coast Guard, having served for 24 years. Mr. Schroder graduated from the U.S. Coast Guard Academy and the University of Washington School of Law.
Robert Trent Shores
The Senate confirmed Robert Trent Shores to be United States Attorney for the Northern District of Oklahoma in September 2017. Prior to this appointment, Mr. Shores was an Assistant United States Attorney in the Northern District of Oklahoma. Mr. Shores previously served as First Assistant Attorney General for the State of Oklahoma and deputy director for the Department of Justice’s Office of Tribal Justice, where he developed initiatives to promote public safety in Indian Country. Mr. Shores received his undergraduate degree from Vanderbilt University and his J.D. from the University of Oklahoma College of Law.
Attorney General Jeff Sessions Appoints Members to U.S. Attorney Advisory CommitteeRead the Press Release
Attorney General Jeff Sessions today announced the appointment of nine new U.S. Attorneys to serve two-year terms on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). AGAC was created in 1973 and reports to the Attorney General through the Deputy Attorney General. AGAC represents the U.S. Attorneys and provides advice and counsel to the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys.
The new appointees include: U.S. Attorney for the Southern District of Alabama Richard Moore; U.S. Attorney for the District of Utah John W. Huber; U.S. Attorney for the District of Columbia Jessie K. Liu; U.S. Attorney for the Northern District of Ohio Justin E. Herdman; U.S. Attorney for the Eastern District of North Carolina Robert Higdon; U.S. Attorney for the Northern District of Oklahoma Trent Shores; U.S. Attorney for the Southern District of Indiana Joshua Minkler; U.S. Attorney for the Eastern District of Missouri Jeff Jensen; and Acting U.S. Attorney for the District of Alaska Bryan Schroder.
U.S. Attorney Richard Moore will serve as the Chair of AGAC, and U.S. Attorney John W. Huber will serve as the Vice Chair.
“I am pleased to announce the first members of the Attorney General’s Advisory Committee under this administration. These U.S. Attorneys will play an important role in carrying out the Department of Justice’s mission to reduce violent crime, combat transnational crimination organizations, secure our southern border, end the devastating opioid crisis, and return to the rule of law,” said Attorney General Sessions.
A brief bio on each nominee is below:
Richard Moore (Chair)
The Senate confirmed Richard Moore’s appointment as United States Attorney for the Southern District of Alabama in September 2017. Prior to this appointment, Mr. Moore served as the Inspector General for the Tennessee Valley Authority. From May 2009 to March 2011, Mr. Moore was the Chairman of the Investigations Committee for the Council of Inspectors General on Integrity and Efficiency. Prior to this position, Mr. Moore served as an Assistant United States Attorney for the Southern District of Alabama from 1985 to 2003. From 1997 to 1998, Mr. Moore was an Atlantic Fellow in Public Policy at Oxford University in England. Mr. Moore received his B.S., summa cum laude, from Spring Hill College and his J.D. from the Samford University Cumberland School of Law.
John W. Huber (Vice Chair)
Since June 2015, John Huber has served as the United States Attorney for the District of Utah, and in August 2017, the Senate again confirmed his appointment. Prior to being United States Attorney, Mr. Huber served as an Assistant United States Attorney for thirteen years. Mr. Huber began his prosecutorial career in the Weber County (Utah) Attorney’s Office, and later served as the Chief Prosecutor for West Valley City, Utah, before joining the United States Attorney’s Office in 2002. Mr. Huber received his B.A. from the University of Utah and his J.D. from the University of Utah College of Law.
Justin E. Herdman
The Senate confirmed Justin Herdman’s appointment as United States Attorney for the Northern District of Ohio in August 2017. Prior to this appointment, Mr. Herdman was a partner at Jones Day and an Assistant United States Attorney in Cleveland, Ohio. Mr. Herdman previously served as an Assistant District Attorney in New York City from 2001 to 2005 and as an associate at Vorys, Sater, Seymour and Pease, LLP. He is currently a Judge Advocate General in the United States Air Force Reserve. Mr. Herdman received his B.A. from Ohio University, his Master of Philosophy from the University of Glasgow and his J.D. from Harvard Law School.
Robert Higdon
The Senate confirmed Robert Higdon to be United States Attorney for the Eastern District of North Carolina in October 2017. Prior to this appointment, Mr. Higdon was a partner at the law firm of Williams Mullen. He previously served as an Assistant United States Attorney in both the Western and Eastern Districts of North Carolina. In the Eastern District U.S. Attorney’s Office, Mr. Higdon served as Chief of the Criminal Division for more than 11 years. Mr. Higdon also served as senior trial counsel in the Public Integrity Section of the Department of Justice. He received his B.A., cum laude, from Wake Forest University and his J.D. from Wake Forest University School of Law.
Jeff Jensen
The Senate confirmed Jeff Jensen to be United States Attorney for the Eastern District of Missouri in October 2017. Prior to this appointment, Mr. Jensen was a partner at Husch Blackwell LLP. He served as an Assistant United States Attorney in the Eastern District of Missouri starting in 1999, and was Executive United States Attorney from 2005 to 2009. Prior to joining the U.S. Attorney’s Office, Mr. Jensen was an FBI Special Agent from 1989 to 1999. While working at the FBI, Mr. Jensen attended St. Louis University School of Law at night, graduating magna cum laude. He also received his B.A., cum laude, from Indiana University School of Business.
Jessie K. Liu
The Senate confirmed Jessie Liu to be United States Attorney for the District of Columbia in September 2017. Ms. Liu was previously Deputy General Counsel for the United States Department of the Treasury and a partner at the law firms of Morrison & Foerster LLP and Jenner & Block LLP. In addition, she has served as an Assistant United States Attorney in the District of Columbia and in several senior positions in the United States Department of Justice, including as Deputy Assistant Attorney General in the Civil Rights Division, counsel to the Deputy Attorney General, and deputy chief of staff for the National Security Division. Ms. Liu clerked for then-Chief Judge Carolyn Dineen King of the United States Court of Appeals for the Fifth Circuit. She received her A.B., summa cum laude, from Harvard University and her J.D. from Yale Law School.
Joshua Minkler
The Senate confirmed Joshua Minkler to be United States Attorney for the Southern District of Indiana in October 2017. Since June 2015, Mr. Minkler had served as the interim United States Attorney for the Southern District of Indiana. Prior to that position, he served for 21 years as an Assistant United States Attorney in the Southern District of Indiana. Before he joined the U.S. Attorney’s Office, Mr. Minkler served for five years as an assistant prosecuting attorney in the Office of the Kent County Michigan Prosecuting Attorney. Mr. Minkler received his B.A. from Wabash College, and his J.D. from Indiana University Maurer School of Law.
Bryan Schroder
Bryan Schroder’s nomination to be United States Attorney for the District of Alaska is pending in the Senate. Mr. Schroder is currently the Acting United States Attorney for the District of Alaska, and previously served as the First Assistant United States Attorney and Criminal Chief. Mr. Schroder has served in the U.S. Attorney’s Office for more than 11 years. Mr. Schroder is a retired Captain in the U.S. Coast Guard, having served for 24 years. Mr. Schroder graduated from the U.S. Coast Guard Academy and the University of Washington School of Law.
R. Trent Shores
The Senate confirmed Robert Trent Shores to be United States Attorney for the Northern District of Oklahoma in September 2017. Prior to this appointment, Mr. Shores was an Assistant United States Attorney in the Northern District of Oklahoma. Mr. Shores previously served as First Assistant Attorney General for the State of Oklahoma and deputy director for the Department of Justice’s Office of Tribal Justice, where he developed initiatives to promote public safety in Indian Country. Mr. Shores received his undergraduate degree from Vanderbilt University and his J.D. from the University of Oklahoma College of Law.Attorney General Appoints James P. Kennedy, Jr. U.S. AttorneyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Today, United States Attorney General Jefferson B. Sessions, III, designated and appointed James P. Kennedy, Jr. to be the United States Attorney for the Western District of New York, effective November 17, 2017.
Since October 2016, Kennedy has served as the Acting United States Attorney pursuant to the Vacancy Reform Act. The Attorney General’s appointment of United States Attorney Kennedy is for a period of 120 days or until a Presidential appointee qualifies under 28 U.S.C. §541, whichever occurs first.
Antioch Resident Sentenced After Conviction for Tax FraudRead the Press Release
SAN FRANCISCO – Jamillah Thompson was sentenced today to 12 months and one day in prison and ordered to pay $85,616 in restitution for conspiring to file false tax returns, announced United States Attorney Brian J. Stretch and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf. The sentence was handed down by the Honorable Charles R. Breyer, U.S. District Judge, following Thompson’s plea of guilty to the charge.
Thompson, 25, of Antioch, Calif., pleaded guilty on June 27, 2017, to conspiring to file false tax returns. According to the plea agreement, Thompson admitted to entering into an agreement with others to use the personal identifying information of taxpayers, including their names and social security numbers, to prepare and file forty false federal income tax returns. These false returns sought refunds of $223,359, of which the IRS paid $85,616 to Thompson’s bank account and pre-paid debit cards.
A federal grand jury indicted Thompson on January 8, 2015, charging her with conspiring to file false tax returns, in violation of 18 U.S.C. § 286, and wire fraud, in violation of 18 U.S.C. § 1343. Pursuant to the plea agreement, Thompson pleaded guilty to the conspiracy charge and the wire fraud charge was dismissed.
In addition to the prison term, Judge Breyer also sentenced the defendant to a three-year period of supervised release and ordered that during that period defendant may not possess personal identifying information of others or assist in the preparation of any federal income tax returns for anyone other than herself. The defendant was previously placed in custody where she remains to serve her sentence.
Assistant U.S. Attorney Cynthia Stier is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
Albuquerque Man Sentenced to Prison for Federal Bank Robbery ConvictionRead the Press Release
ALBUQUERQUE – Randy K. Lovett, 34, of Albuquerque, N.M., was sentenced today in federal court to a 77-month term of imprisonment followed by three years of supervised release for his conviction on a bank robbery charge.
Lovett was arrested in April 2017, on a criminal complaint charging him with robbing the Bank of America located at 7644 Jefferson St. NE, in Albuquerque, on April 19, 2017. According to the complaint, Lovett robbed the Bank of America by handing a bank teller a note in which he claimed to have a gun, demanded money, and informed the teller she had 30 seconds to comply. Lovett subsequently was indicted on May 9, 2017, on a bank robbery charge.
On June 28, 2017, Lovett pled guilty to the indictment. In his plea agreement, Lovett admitted presenting a demand note to a bank teller with a message that was intended to intimidate and threaten the teller into complying with his demand. The note stated that Lovett was armed and demanded cash in denominations of $50 and $100 bills.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Howard Thomas prosecuted the case.
Acting U.S. Attorney Charges Former Westchester Resident with Distributing and Possessing Child PornographyRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Angel M. Melendez, the Special Agent in Charge of Homeland Security Investigations in New York City (“HSI”), announced today the arrest and filing of charges against ANUPAM BISWAS. The Complaint charges that BISWAS distributed child pornography on January 11, 2017, from a computer in Westchester County and possessed child pornography on February 17, 2017. BISWAS was presented today before U.S. Magistrate Judge Judith C. McCarthy in White Plains federal court.
According to the Complaint[1], in or about January 2017, the Westchester County District Attorney’s Office’s High Technology Crime Squad (“HTCS”), using investigative software, downloaded child pornography from an IP address in Westchester, New York. On February 17, 2017, HTCS executed a search warrant of BISWAS’s address in Westchester, New York. BISWAS was present and identified two external hard drives as belonging to him. HTCS seized several digital items, including a Western Digital Hard Drive that was found to contain thousands of images and videos of child pornography.
BISWAS, 46, is charged with one count of distribution of child pornography and one count of possession of child pornography. He faces a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison on each of the two charged counts. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
The charges in the Complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.
Mr. Kim praised the efforts of Homeland Security Investigations, the Westchester County District Attorney’s Office, the Westchester District Attorney’s Office’s High Technology Crime Squad, and the Briarcliff Manor Police Department.
The prosecution is being handled by the Office’s White Plains Division. Assistant United States Attorney Marcia S. Cohen is in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
30 Years in Federal Prison for Sioux Falls Man Convicted of KidnappingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of kidnapping was sentenced on November 14, 2017, by U.S. District Judge Karen E. Schreier.
Jon Henri Bryant, Sr., age 61, was sentenced to 30 years in custody, followed by five years of supervised release. He was also ordered to pay $1,000 in restitution to the victim, and $100 to the Federal Crime Victims Fund.
According to the court documents and evidence presented to the Court over a two-day sentencing hearing, on October 25, 2016, Sioux Falls Police Officers were dispatched to check on a report of a male and female fighting, which derived from a mobile phone call. During the call, dispatch overheard a male and female arguing in the background. The phone owner, the victim in this case, resided in a residence near the area at which the call was made, where Bryant hid in the victim’s garage to confront her upon her return to the residence. During the initial confrontation, Bryant punched the victim in the face and forced the victim into the trunk of her vehicle.
Based on the victim’s statements made during the call and while inside the trunk, dispatch was able to provide officers with Bryant’s identification, a vehicle description, matching the make, model, color, and license plate number registered to the victim. The victim also reported to 911 that Bryant was going to kill her. Subsequently, the car stopped and Bryant took away the victim’s phone. Approximately eight minutes into the victim’s call and into the process of pinging the victim’s mobile phone, the phone was powered down.
During the commission of the offenses, Bryant traveled into Minnesota and later re-entered South Dakota, parking the victim’s car at a rural residence located in Garretson, South Dakota. At this point, Bryant removed the victim from the trunk and placed her in the passenger seat, where Bryant then strangled the victim to unconsciousness.
Meanwhile, responding law enforcement officers arrived near the residence and noticed the victim’s vehicle parked near a building on an abandoned farmstead. A perimeter was established and officers began to deploy towards the victim’s vehicle. After setting up the perimeter, Bryant noticed the approaching officers, and engaged them in a pursuit on the farmstead. Officers gave several commands, but Bryant continued driving erratically into adjoining fields. In the midst of the chase, the vehicle came to a stop where Bryant was actively assaulting the victim. The chase again continued until law enforcement personnel were able to stop the vehicle. At the scene where the vehicle finally stopped, officers found a roll of duct tape and a roll of electrical tape that Bryant retrieved from his car during the onset of the kidnapping. During the sentencing hearing, the Court found that Bryant’s kidnapping would also be deemed as an attempted murder.
The investigation was conducted by the Sioux Falls Police Department, the Minnehaha County Sheriff’s Department, the Federal Bureau of Investigation, and the U.S. Marshal’s Service. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Bryant, who was in custody during the pendency of the court proceedings, was immediately returned to the custody of the U.S. Marshal’s Service.
13 Defendants Charged Federally in Beaufort Area Drug ConspiracyRead the Press Release
Charleston, South Carolina ---- United States Attorney Beth Drake stated today that 13 individuals have been charged with conspiring to possess with intent to distribute 5 kilograms or more of cocaine, in violation of Title 21, United States Code, Sections 841 and 846. Those individuals are as follows:
Demetrius Dwayne Swinton, a/k/a “Million Dolla Meat”, age 30, of Pooler, Georgia
Liz Ashante Christopher, age 30, of Suwanee, Georgia
Christopher Johnson, a/k/a “Unc”, age 48, of Ridgeland, SC
Travis Wiggins, a/k/a “Trap”, age 26, of Ridgeland, SC
Derrick Edwards, a/k/a “Markie”, age 24 of Ridgeland, SC
Johnita Anderson, a/k/a “Goat”, age 35 of Hardeeville, SC
David Grober, a/k/a “JY”, age 35, of Beaufort, SC
Boston Brown, age 30, of Bluffton, SC
Samuel Jones, age 34, of Beaufort, SC
Ernest Tyrone Fields, a/k/a “Fly”, age 37, of Hilton Head, SC
Devin Swinton, age 27, of Ridgeland, SC
Ryan Walters, age 31, of Hilton Head, SC
Terrance Wallace, a/k/a “Bird”- age 31, of Hilton Head, SCIn addition to the conspiracy charge, Demetrius Swinton has been charged with engaging in a continuing criminal enterprise in violation of Title 21, United States Code, Section 848. Ryan Walters and Terrance Wallace also face additional drug charges, while Boston Brown faces additional firearms charges and Travis Wiggins and Derrick Edwards face additional drug and firearms charges.
As part of the investigation, on November 15, 2017, the DEA Charleston Resident Office, the Tampa District Office, Savannah Resident Office, Atlanta Field Division, ICE - Homeland Security Investigations, Federal Bureau of Investigation, the Beaufort County Sheriff's Office, Hampton County Sheriff's Office, South Carolina Law Enforcement Division, South Carolina Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms and Explosives executed eleven (11) simultaneous search warrants and arrested ten defendants located in Beaufort and Jasper, South Carolina; Suwanee, Pooler, and Savannah, Georgia; and Tampa, Florida.
During the course of the investigation into this drug trafficking organization, agents have seized over $45,000, 37 firearms, over 45 kilograms of cocaine, over 1 kilogram grams of crack cocaine, 100 grams of heroin, 129 grams of MDMA and 1 pound of marijuana, as well as 5 vehicles used by the drug trafficking organization. The maximum penalty each defendant could receive is life imprisonment and a maximum fine of $10,000,000.
United States Attorney Drake stated, “The indictment and arrests of these defendants is the result of a lengthy investigation aimed at removing those responsible for pushing large quantities of drugs into our communities, often while armed with deadly weapons. We will continue to move forward with this investigation and prosecution and do all we can to give the people of South Carolina a safe place to live.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division stated, “Today’s law enforcement operations are a credit to the multitude of law enforcement agencies who have been working to dismantle this drug trafficking organization. The actions taken thus far will hopefully bring stability and safety to the communities in which the organization has operated. This effort would not have been successful without the high-level of cooperation between our federal, state and local law enforcement counterparts.”
The case was investigated by agents of the Drug Enforcement Administration (DEA), ICE - Homeland Security Investigations, the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the South Carolina Law Enforcement Division (SLED), the Beaufort County Sheriff’s Office, the Hampton County Sheriff’s Office and the 14th Circuit Solicitor’s Office and is assigned to Assistant United States Attorney Nick Bianchi of the Charleston office and Special Assistant United States Attorney Carra Henderson of the 14th Circuit Solicitor’s Office for prosecution.
The United States Attorney stated that all charges in this Indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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"Spelling Bee Bandit" Pleads Guilty to Multiple Bank RobberiesRead the Press Release
BOSTON – A Chelsea man, dubbed the “Spelling Bee Bandit,” pleaded guilty today in federal court in Boston to four bank robberies.
Jason S. Englen, 34, of Chelsea, pleaded guilty to four counts of bank robbery. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Feb. 28, 2018.
On Oct. 31, 2016, a man, later identified as Englen, entered a branch of TD Bank in Arlington, approached a teller and presented a note written on a deposit slip indicating a robbery and demanding cash. On the note, the word “robbery” was misspelled. The teller handed Englen money from the drawer and Englen fled the bank leaving the demand note behind.
Over the next few weeks, three additional banks were robbed in the same fashion: a branch of TD Bank in Reading on November 5, a branch of Salem Five in Burlington on November 7, and a branch of TD Bank in Peabody on November 13. Based on the similarity of the robberies and the physical description of the robber, law enforcement, seeking help from the public, identified Englen, who was already in state custody on unrelated charges, as the bank robber. On Dec. 12, 2016, Englen was arrested by federal authorities and charged.
The charging statute provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 and restitution. Sentences are imposed by a federal district court judge bases 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; Suffolk County Sheriff Steven Tompkins; Arlington Police Chief Frederick Ryan; Reading Police Chief Mark D. Segalla; Burlington Police Chief Michael Kent; and Peabody Police Chief Thomas Griffin made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting the case.
Tuesday 14 November 2017
Upshur County woman admits to role in a methamphetamine distribution operationRead the Press Release
ELKINS, WEST VIRGINIA – A Buckhannon, West Virginia woman has admitted to her participation in a methamphetamine distribution operation, United States Attorney William J. Powell announced.
Angela Dawn White, age 46, pled guilty to one count of “Distribution of Methamphetamine.” White admitted to distributing methamphetamine in Upshur County in March 2017.
White 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 Stephen D. Warner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives, The Mountain Region Drug & Violent Crime Task Force, the Greater Harrison Drug &Violent Crime Task Force, a HIDTA-funded initiative, the West Virginia State Police, Upshur County Sheriff’s Office, Lewis County Sheriff’s Office, the Buckhannon Police Department, and the Weston Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Two Insurance Companies Agree to Pay More Than $2 Million to Resolve False Claims Act AllegationsRead the Press Release
NEWARK, N.J. – Two insurance companies that are part of one of the largest providers of automobile insurance in the United States have agreed to pay more than $2 million to resolve allegations that they violated the False Claims Act by causing Medicare and Medicaid to pay for claims for which the companies were responsible, Acting U.S. Attorney William E. Fitzpatrick announced today.
Progressive Casualty Insurance Co., of Cleveland, Ohio, and Progressive Garden State Insurance Co., of West Trenton, New Jersey, are part of the Progressive Group of Insurance Companies, one of the nation’s largest auto insurance providers.
If an individual has Medicare or Medicaid and other private health insurance coverage, each type of coverage constitutes a “payer.” The insurance coverage that pays first, referred to as the “primary payer,” typically pays to the limits of its coverage for an individual’s health care claims. Generally, if there are health care costs that the primary payer does not cover, these costs may then be paid by the individual’s other insurance coverage, referred to as the “secondary payer.”
Under federal and New Jersey state law, if an individual has both private insurance and Medicare or Medicaid, neither Medicare nor Medicaid may serve as the primary payer for certain claims and the private insurer must remain as the primary payer.
According to the allegations in this case, under “health first” automobile insurance policies that it offered, Progressive designated the policyholder’s health insurance carrier as the primary payer for medical claims that arose in connection with an automobile accident. Even though, under the law, Progressive could not decline to make primary payment to Medicare or Medicaid beneficiaries, the company permitted Medicare and Medicaid beneficiaries to elect a “health first” policy. Many of these policyholders in New Jersey who were Medicare or Medicaid beneficiaries incurred medical claims in connection with an automobile accident. Because Progressive’s “health first” policies designated the company as the secondary payer, Medicare and Medicaid improperly paid for claims that Progressive should have paid. The United States and New Jersey alleged that this conduct violated the Medicare Secondary Payer Act and Medicaid regulations and, as a result, Progressive caused false claims to be submitted to Medicare and Medicaid.
The allegations were raised in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act. The act allows private citizens with knowledge of fraud to bring civil actions on behalf of the government and to share in any recovery. The whistleblower will receive more than $600,000 of the more than $2 million that the United States and New Jersey recovered.
The settlement is the culmination of an investigation conducted by special agents of the U.S. Department of Health and Human Services – Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert.
The government is represented by Assistant U.S. Attorney Bernard J. Cooney of the U.S. Attorney’s Office in Newark.
The U.S. Attorney’s Office reorganized its health care fraud practice in 2010, including creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $1.37 billion in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.
The claims settled by this agreement are allegations only, and there has been no determination of liability. The case is captioned United States ex rel. Nergon v. Progressive Casualty Insurance Company, et al. (D.N.J.).
Defense counsel:
Michael K. Loucks Esq., BostonRelator’s counsel:
Jeremy Abay Esq. and John Weston Esq., PhiladelphiaTwo Area Men Found Guilty of Conspiracy to Rob Banks in District of Columbia and Silver Spring, MarylandRead the Press Release
WASHINGTON – Steve Jamal Smith, also known as Jabrail Love, 23, of Hyattsville, Md., and John King Lionell, also known as Rashad Lionell, 24, of Washington, D.C., have been found guilty by a jury of conspiracy to rob banks in the District of Columbia and Maryland.
The verdicts, returned Nov. 13, 2017, were announced today by U.S. Attorney Jessie K. Liu, Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, Peter Newsham, Chief of the Metropolitan Police Department (MPD), J. Thomas Manger, Chief of the Montgomery County, Md., Police Department, and Ron Pavlik, Chief of the Metro Transit Police.
Smith and Lionell were found guilty of conspiracy to commit bank robbery, following a trial in the U.S. District Court for the District of Columbia. The Honorable Randolph D. Moss scheduled sentencing for Smith on Feb. 2, 2018, and for Lionell on Feb. 22, 2018.
According to the evidence at trial, on Jan. 26, 2016, at approximately 1:50 p.m., Smith and Lionell entered a BB&T Bank in the 3100 block of 14th Street NW. While inside, they inquired about opening a bank account. A bank employee provided them with a brochure. Both defendants were observed in possession of the brochure. They then walked to a bank teller, and Lionell presented a demand note for money. He also instructed the teller not to press the silent alarm. The teller did not provide the defendants with any money. After not receiving any cash, Lionell told Smith: “Hurry up let’s go! Let’s go!”
At that time, the two men exited the bank together. They then entered the Columbia Heights Metro station and rode Metrorail to the Silver Spring stop.
After exiting the subway station, at approximately 2:40 p.m., Smith and Lionell entered a Capital One Bank in the 8600 block of Georgia Avenue in Silver Spring and approached the teller’s window. This time, Smith displayed a demand note for money to the teller, while Lionell stood next to him. Smith told the teller: “Put your hands up ... Don’t put your hands down.” They did not receive any money at this bank, either, and left the branch.
During the course of the investigation by law enforcement of the bank robbery at the BB&T Bank, the FBI retrieved the bank brochure that the defendants had possessed, and sent it to be further examined for possible fingerprints. A subsequent forensic examination by an FBI fingerprint examiner determined that Smith’s fingerprint were on the brochure. After the identification of Smith from his fingerprint on the BB&T brochure, agents from the FBI were able to identify several witnesses who identified both defendants from bank surveillance photos.
The defendants were indicted in June 2017 and remain in custody pending sentencing.
In announcing the verdicts, U.S. Attorney Liu, Assistant Director in Charge Vale, Chief Newsham, Chief Manger, and Chief Pavlik commended the work of those who investigated the case from the FBI’s Washington Field Office, the Metropolitan Police Department, the Montgomery County Police Department, and the Metro Transit Police Department. They expressed appreciation for the assistance provided by the FBI Laboratory.
Additionally, they acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Jeannette Litz, Catherine O’Neal and Teesha Tobias; Legal Assistants Peter Gaboton and Holly Crouse; Law Clerk Jennifer Newman, and Litigation Technology Specialist Claudia Gutierrez. Finally, they commended the work of Assistant U.S. Attorneys Emory V. Cole and Kamilah O. House, who prosecuted the case.
Third Toledo man indicted on federal charges including sex trafficking of minorsRead the Press Release
A third Toledo man has been indicted on federal charges including sex trafficking of minors, U.S. Attorney Justin E. Herdman and FBI Special Agent in Charge Stephen D. Anthony said.
Kenneth Butler, 37, Cordell Jenkins, 47, and Anthony Haynes, 38, are all charged with conspiracy to sex traffic children as part of an 11-count superseding indictment.
Haynes, Butler and Jenkins sexually assaulted a juvenile girl beginning in 2014 through 2017, according to court documents.
The girl was 14 when the conduct began and she was in the custody of Hayne. Some of this conduct took place at Greater Life Christian Center in Toledo, where Haynes was pastor at the time. Haynes used his cellular telephone to record these sexual assaults, according to court documents.
Haynes routinely gave the victim money after the acts and told her not to say anything. He told her that if she said anything, it would ruin his family and his church, according to court documents.
Haynes also facilitated the victim being sexually exploited by several other men, including Jenkins, according to court documents.
Jenkins repeatedly sexually exploited the minor at his home on Barrington Drive, at his office at Abundant Life Ministries and at a motel in Toledo. He paid her and referred to the payment as “hush money.” He often recorded these interactions with his cellular telephone, according to court documents.
Jenkins also caused another juvenile girl to engage in commercial sex acts in March 2017, according to the indictment
Butler also caused another juvenile girl to engage in commercial sex acts from 2015 through 2017, according to indictment.
“These three men violated the trust of these children and the communities they purported to serve,” Herdman said. “We are grateful for the courage of the victims and the dedication of our law enforcement personnel in bringing these men to justice.”
“Adults in a position of trust taking advantage of children for their own sexual gratification is beyond reprehensible,” Anthony said. “These defendants are a stark reminder that human trafficking can be hidden in plain view. Law enforcement, in partnership with our communities, must remain vigilant in protecting our children.”
The investigation is ongoing.
An indictment is only a charge and is not evidence of guilt. The defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
This case is being prosecuted by Assistant U.S. Attorneys Michael Freeman and Alissa Sterling following an investigation by the FBI’s Northwest Ohio Violent Crimes Against Children Task Force. The Task Force is comprised of members of the FBI, Toledo Police Department, Perrysburg Township Police Department, Lima Police Department, Oregon Police Department, Fulton County Sheriff’s Office, Ottawa County Sheriff’s Office, Ohio State Highway Patrol, the Bureau of Criminal Investigation and Lucas County Sheriff’s Office.
Springfield Man Sentenced for Illegal Possession of a FirearmRead the Press Release
BOSTON – A Springfield man was sentenced to probation today in federal court in Springfield for firearm offenses.
Martin Fernandez, 24, was sentenced by U.S. District Court Judge Mark G. Mastroianni to three years of probation. In August 2017, Fernandez pleaded guilty to one count of possession of a firearm by a convicted felon and one count of possession of an unregistered firearm.
On Jan. 8, 2014, authorities in Springfield found Fernandez in possession of a sawed-off 16-gauge shotgun.
Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Hampden County District Attorney Anthony Gulluni; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Springfield Police Commissioner John Barbieri; and Holyoke Police Chief James Neiswanger made the announcement today. Assistant U.S. Attorney Neil L. Desroches of Weinreb’s Springfield Branch Office prosecuted the case.
Silver City Man Sentenced to Five Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Cruz Jose Martinez, 32, of Silver City, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Martinez was arrested in June 2016, and was charged by criminal complaint with possessing methamphetamine with intent to distribute on June 8, 2016, in Dona Ana County, N.M. According to the complaint, law enforcement officers found approximately 338.6 grams of methamphetamine in the backseat of a vehicle in which Martinez was a passenger during a traffic stop.
Martinez subsequently was indicted on Sept. 21, 2016, and was charged with possession of methamphetamine with intent to distribute. On Nov. 16, 2016, Martinez pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Las Cruces office of the FBI, the New Mexico State Police and the Las Cruces Police Department. Assistant U.S. Attorney Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Saranac Lake Man Pleads Guilty to Securities FraudRead the Press Release
ALBANY, NEW YORK - Mark Gillis, age 47, of Saranac Lake, New York, pled guilty today to securities fraud in connection with a scheme to steal nearly $400,000 from his customers.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
In 2012, Gillis was a co-owner of Hudson Valley Capital Management, Inc., a securities broker-dealer with offices in Saranac Lake and Croton-on-Hudson, New York. Gillis was a licensed stockbroker and worked out of Saranac Lake.
Gillis admitted to purchasing shares of a stock and then transferring the shares to three Hudson Valley customers at improper markups of up to 280%. As a result of the markups, Gillis stole $379,652.41 from the customers. Gillis did this to cover up a nearly $400,000 loss he suffered while trading securities for his own benefit.
Acting United States Attorney Grant C. Jaquith stated: “When Mark Gillis, a licensed stockbroker, lost $400,000 on his personal trades, he covered those losses by stealing more than $379,000 from his customers. He will now be held accountable for his greed. We will continue to protect investors by charging stockbrokers who do not follow the rules and abuse their positions of trust.”
FBI Special Agent in Charge Vadim D. Thomas stated: “Mr. Gillis abused his position and defrauded investors of over $370,000. The FBI views securities fraud as a significant problem and is pleased with today’s plea.”
Gillis faces up to 25 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 5 years when he is sentenced by Senior United States Judge Norman A. Mordue on April 9, 2018 in Albany. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is convicted of violating, the U.S. Sentencing Guidelines and other factors.
Gillis will also be required to forfeit $379,652.41 to the United States. The Securities Investor Protection Corporation insured the investors’ losses.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
San Jose Resident Sentenced to 54 Months in Prison for Stealing Homeless Individuals’ IDs and Using Them to Seek Fraudulent Tax RefundsRead the Press Release
SAN JOSE – Diep Vo, aka Nancy Vo, was sentenced to 54 months in prison today for conspiring to file false claims for tax refunds, submitting false claims for tax refunds, mail fraud, and aggravated identity theft, announced U.S. Attorney Brian J. Stretch and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. The sentence was handed down by the Honorable Beth Labson Freeman, U.S. District Judge following a guilty plea in June of this year.
According to documents and information provided to the court, Vo, 71, of San Jose, conspired with codefendant Trong Nguyen, aka John Nguyen, to use the personal information of homeless and unemployed individuals in the San Jose area to file fraudulent claims for refunds with the Internal Revenue Service (IRS). Vo went to homeless shelters and halfway houses and falsely represented to individuals that she could get them money from a government program designed to assist people who had not worked in previous years. Vo convinced people to write down their names and social security numbers and to sign blank income tax returns. Vo and Nguyen then falsified the signed returns by including bogus income and income tax withheld amounts. Pursuant to this scheme, the defendants sought fraudulent refunds totaling approximately $3.4 million. Vo and Nguyen directed the IRS to send the refund checks to private mailboxes they controlled.
On May 18, 2017, a federal grand jury indicted Vo charging her with one count of conspiracy to file false claims, in violation of 18 U.S. C. § 286; three counts of aiding and abetting in filing false claims, in violation of 18 U.S.C. §§ 287 & 2; two counts of mail fraud, in violation of 18 U.S.C. § 1341; and two counts of aggravated identity theft, in violation of 18 U.C.S. §§ 1028A & 2. Pursuant to her plea, Vo pleaded guilty to all counts.
In addition to the term of prison imposed, Judge Freeman ordered Vo to serve three years of supervised release and to pay $700,816 in restitution to the IRS. Judge Freeman also ordered the defendant to self-surrender on January 4, 2018, to begin serving her sentence.
Nguyen previously pleaded guilty to submitting and conspiring to submit false claims for refund and was sentenced in September to 25 months in prison.
Assistant U.S. Attorney Amber Rosen and former Trial Attorney Gregory Bernstein of the Tax Division are prosecuting the case. U.S. Attorney Stretch and Acting Deputy Assistant Attorney General Goldberg thanked the special agents of IRS Criminal Investigation who conducted the investigation.
Randolph Woman Pleads Guilty to Role in Drug Trafficking SchemeRead the Press Release
BOSTON – A Randolph woman pleaded guilty today in federal court in Boston to her role in a drug trafficking scheme.
Andrean Jaggon, 37, pleaded guilty today to using a telephone in furtherance of a drug trafficking offense. U.S. District Court Senior Judge Douglas P. Woodlock scheduled sentencing for Feb. 15, 2018. In November 2014, Jaggon was arrested and charged with two others, Michael Gordon, 46, of Randolph, and Dagoberto Olea, 46, of Mendocino County, Calif.
Jaggon faces a sentence of no greater than four years in prison, three years of supervised release and a fine of $250,000 fine. 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; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; and Colonel Richard D, McKeon, Superintendent of the Massachusetts State Police, made the announcement today. Substantial assistance was also provided by Homeland Security Investigations in San Francisco, the Transportation Security Administration, and the Boston, Norwood, Randolph, and Needham Police Departments. Assistant U.S. Attorney Karen Beausey of Weinreb’s Criminal Division is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Pennsylvania Man Sentenced to Prison for Identity Theft and Conspiring to File Fraudulent Tax Refund ClaimsRead the Press Release
A Philadelphia, Pennsylvania, man was sentenced to 22 months in prison today for identity theft and conspiring to file fraudulent tax refund claims, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Interim U.S. Attorney Louis D. Lappen for the Eastern District of Pennsylvania.
According to documents and information provided to the court, Steeve Zamor, 28, conspired with others to use stolen IDs to file tax returns with the Internal Revenue Service (IRS) fraudulently seeking tax refunds. Zamor also recruited other individuals to join the scheme. Although he did not have a tax preparation business, Zamor opened up a bank account in the name of “Steeve Zamor Tax Services” to facilitate the crime. Zamor and his co-conspirators directed the IRS to deposit some of the fraudulently obtained refunds into this bank account. Zamor withdrew money from the account to provide to other co-conspirators, and he kept a substantial portion of the illegal proceeds for his own use. He admitted to causing a tax loss of $366,135.53.
In addition to the term of prison imposed, U.S. District Judge John R. Padova of the Eastern District of Pennsylvania ordered Zamor to serve three years of supervised release and to pay $366,135.53 in restitution to the IRS.
Acting Deputy Assistant Attorney General Goldberg and Interim U.S. Attorney Lappen thanked special agents of IRS Criminal Investigation and the FBI, who conducted the investigation, and Assistant U.S. Attorney David Ignall and Trial Attorney Eric B. Powers of the Tax Division, who prosecuted the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Pennsylvania Man Sentenced to Prison for Identity Theft and Conspiring to File Fraudulent Tax Refund ClaimsRead the Press Release
PHILADELPHIA – A Philadelphia, Pennsylvania, man was sentenced to 22 months in prison today for identity theft and conspiring to file fraudulent tax refund claims, announced Interim U.S. Attorney Louis D. Lappen for the Eastern District of Pennsylvania and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to documents and information provided to the court, Steeve Zamor, 28, conspired with others to use stolen IDs to file tax returns with the Internal Revenue Service (IRS) fraudulently seeking tax refunds. Zamor also recruited other individuals to join the scheme. Although he did not have a tax preparation business, Zamor opened up a bank account in the name of “Steeve Zamor Tax Services” to facilitate the crime. Zamor and his co-conspirators directed the IRS to deposit some of the fraudulently obtained refunds into this bank account. Zamor withdrew money from the account to provide to other co-conspirators, and he kept a substantial portion of the illegal proceeds for his own use. He admitted to causing a tax loss of $366,135.53.
In addition to the term of prison imposed, U.S. District Judge John R. Padova of the Eastern District of Pennsylvania ordered Zamor to serve three years of supervised release and to pay $366,135.53 in restitution to the IRS.
Interim U.S. Attorney Lappen and Acting Deputy Assistant Attorney General Goldberg and thanked special agents of IRS Criminal Investigation and the FBI, who conducted the investigation, and Assistant U.S. Attorney David Ignall and Trial Attorney Eric B. Powers of the Tax Division, who prosecuted the case.
Oklahoma City Woman Pleads Guilty to Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Sisney Ann Large, age 43, of Oklahoma City, Oklahoma, pled guilty to Distribution of Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years imprisonment, and up to a $10,000,000.00 fine or both.
The Indictment alleged that on or about August 30, 2016, within the Eastern District of Oklahoma, the defendant, SISNEY ANN LARGE, did knowingly and intentionally distribute 50 grams or more of methamphetamine (Actual), a Schedule II controlled substance.
The charges arose from a joint investigation entitled “Golden Pony” coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney. The agencies involved in the investigation were the Bureau of Indian Affairs and the Drug Enforcement Administration.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Timothy Hammer represented the United States.
Ohio woman sentenced for trafficking heroinRead the Press Release
WHEELING, WEST VIRGINIA – Michelle Green, of East Liverpool, Ohio, was sentenced today to 46 months incarceration for heroin distribution, United States Attorney William J. Powell announced.
Green, age 48, pled guilty to one count of “Distribution of Heroin within 1,000 Feet of a Protected Location” in August 2017. Green admitted to distributing heroin near Allison Elementary School in Hancock County. The crime occurred in March 2017.
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The Hancock/Brooke/Weirton Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr., presided.Ninth Police Officer Indicted in Expanding Federal Corruption InvestigationRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – Former Baltimore City Police Officer and current Philadelphia Police Officer Eric Troy Snell, age 33, of Philadelphia, Pennsylvania was arrested today for Conspiracy to Distribute and Possess with Intent to Distribute Heroin and Cocaine. The charges relate to the illegal activities of former members of the Baltimore Police Department’s Gun Trace Task Force (GTTF).
The indictment was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
According to court documents, Officer Snell attended the Baltimore City Police Department training academy and was a Baltimore police officer until March 2008. While he was in the academy, Snell met co-conspirator Detective Jemell Rayam. Snell became an officer in the Philadelphia Police Department in September of 2014 and at the time of the indictment, Snell was assigned to the 35th District in the Philadelphia Police Department.
According to the indictment, between October 2016 and June 2017, while Snell was with the Philadelphia Police Department and Rayam was with the Baltimore Police Department, Snell and Rayam discussed and planned with each other the sale of illegal narcotics, including cocaine and heroin that had been obtained or seized by members of the Gun Trace Task Force in Baltimore.
The indictment alleges that or about October 3, 2016, Sergeant Wayne Jenkins, Rayam and detectives in the GTTF, engaged in a high-speed police chase where the driver of the vehicle threw over 9 ounces of cocaine out of the window of his vehicle before crashing his vehicle near Mondawmin Mall in Baltimore, Maryland. Near the scene of the crash, the officers retrieved the cocaine and Jenkins told Rayam to sell most of the cocaine and give Jenkins proceeds of the sale, which Rayam agreed to do. On or about October 18, 2016, after learning from Rayam that he had cocaine, Snell asked Rayam to provide him with the stolen cocaine instead of submitting it as evidence to the Baltimore Police Department. Rayam agreed to do so.
Two days later, Rayam traveled to Philadelphia, and met with Snell at his residence. Rayam provided the cocaine to Snell and who arrangements to meet with his brother, who was going to sell the drugs. According to the indictment, Snell, his brother, and Rayam met and Snell provided his brother with the cocaine. The three men discussed the price at which the cocaine would be sold and the amount of money that Snell and Rayam would receive from the sales.
In addition to the cocaine, court documents allege that Snell also agreed to sell 80 grams of heroin that Rayam had received from Jenkins.
According to the indictment, Snell deposited thousands of dollars in cash in Rayam’s bank account from the sales of illegal drugs, including counter deposits on October 28, 2016 and November 9, 2016. Snell also paid Rayam cash from the sales of illegal drugs when he met him on November 11, 2016.
Following Rayam’s arrest, on June 26, 2017, Snell spoke with Rayam on the recorded jail phone system where Rayam was detained. Snell assured Rayam that his brother had not said anything about their illegal drug trafficking and instructed Rayam to “say less” on the recorded jail phones so that their illegal drug trafficking operation would not be detected by law enforcement. Snell told Rayam to “stand tall” and said he would “keep an eye” on Rayam’s kids, which Rayam perceived as a threat to harm Rayam’s children if Rayam told authorities about Snell’s illegal drug trafficking.
Snell was arrested this morning at his residence in Philadelphia and had his initial appearance today in federal district court in Baltimore. Snell will remain detained until his detention hearing on November 17, 2017 at 2:15 p.m.
Rayam has pleaded guilty to racketeering conspiracy and admitted to multiple robberies, drug trafficking, and overtime fraud. Jenkins has pleaded not guilty and is scheduled for trial beginning January 16, 2018. Snell faces a maximum sentence of 20 years in prison.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
Acting United States Attorney Stephen M. Schenning commended the FBI for its work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Derek E. Hines and Leo J. Wise, who are prosecuting these Organized Crime Drug Enforcement Task Force cases.
Nigerian Citizen Sentenced to Federal Prison for His Role in Nationwide Identity Theft and IRS Tax Fraud SchemeRead the Press Release
MEDFORD, Ore. – On Wednesday, November 8, 2017, United States District Court Judge Ann Aiken sentenced Michael Oluwasegun Kazeem, 24, a Nigerian citizen and recent resident of Georgia, to 7 years in federal prison for his role in committing conspiracy to commit mail fraud, aggravated identity theft and mail fraud. The sentence included the two-year mandatory minimum for possessing or using a victim’s identity to commit fraud. The Judge also ordered him to pay $4,298,860 in restitution. Kazeem will be subject to deportation upon completion of his prison sentence for committing these aggravated felonies.
According to court documents, in May 2013, a Medford victim notified the IRS that false federal and Oregon state tax returns were filed electronically using her and her husband’s names. The returns included personally identifiable information (PII) including their social security numbers and dates of birth. The federal refund was deposited into an account via a prepaid debit card in a suburb of Chicago while the state refund was directed to a bank account in Texas.
An IRS investigation led to search warrants of residences in Illinois, Maryland and Georgia and numerous email and instant messenger accounts used by the defendant and other co-conspirators to further their fraudulent scheme. At a Chicago residence, agents seized approximately 150 prepaid debit cards and $50,000 in money orders. Agents learned that the Chicago co-conspirator was connected to an identity-theft scheme being run out of Lagos, Nigeria since at least 2011. In Maryland and Georgia, the IRS seized more than 50 electronic devices, 40 money orders in amounts exceeding $29,000, $14,000 in cash and numerous Greendot prepaid debt cards containing over $12,000 in fraudulent tax refunds.
The IRS criminal investigation eventually determined that the overall scheme resulted in the co-conspirators possessing stolen personal identifying information (PII) of more than 259,000 victims. In carrying out their scheme, the co-conspirators used the stolen PII to acquire over 19,500 electronic filing PINs from the IRS in the taxpayers’ names to be used to bypass IRS authentication procedures. They also obtained and used pre-paid debit cards with the victims’ stolen identities to receive direct electronic tax refund deposits. They eventually filed over 10,000 fraudulent federal tax returns attempting to obtain over $91 million dollars in refunds with actual losses amounting to over $11 million dollars. Refunds were withdrawn from the debit cards and at least 2,000 wire transfers totaling over $2.1 million were sent to Nigeria.
In 2014, the co-conspirators also gained access to the IRS “Get Transcript” system where they obtained sensitive taxpayer information and used it to file additional fraudulent returns. They obtained over 1,600 personal taxpayer transcripts from the IRS. In 2015, because of these and other security breaches, the IRS discontinued the “Get Transcript” program nationwide.
Michael Kazeem joined the conspiracy in 2013 to help his brother, Emmanuel Kazeem, 34, of Bowie, Maryland and Nigeria with the fraudulent tax scheme. Agents identified Emmanuel Kazeem as leader and organizer of the group who received, organized and distributed stolen identities. Michael Kazeem used the stolen PII from his brother to obtain electronic filing PINs from the IRS in the taxpayers’ names and acquired numerous disposable email accounts used to file fraudulent tax returns and obtain taxpayer transcripts from the IRS. He also “washed” the stolen identities through credit bureaus to ensure they would skirt IRS authentication procedures and he secured employer names with EINs for use on fraudulent W-2s used by his brother in the tax filings. He also helped his brother locate others in various states to help assist in removing fraudulent tax refunds from the prepaid debit cards and wiring them to Nigeria. Agents found over 16,500 stolen identities in his email/IM accounts including 13,203 victims originating from an Oregon company database and over 4,500 E-File PINs. Agents directly linked him to 1,479 fraudulently filed tax returns and 1,202 IRS taxpayer transcripts. He participated in the scheme both before and after entering the United States in August 2014 on a student VISA.
Last August, a federal jury in Medford convicted Emmanuel Kazeem of 19 counts of mail and wire fraud, aggravated identity theft and conspiracy to commit mail and wire fraud. Based on evidence presented at the trial, Emmanuel Kazeem purchased over 91,000 of the stolen taxpayer identities from a Vietnamese hacker. These stolen identities originated from the Oregon Company database and most of them belonged to victims living in Oregon and Washington. His sentencing is currently set for March 22, 2018. The sentencings for two other co-conspirators, Lateef Animawun and Oluwamuyiwa Olawoye, are scheduled for November 15, 2017 and April 19, 2018, respectively. Two other co-defendants, Oluwaseunara Osanyinbi and Oluwatobi Dehinbo, were previously sentenced on May 18, 2017.
This case results from a joint investigation by IRS-Criminal Investigation, the U.S. Department of Health and Human Services, Office of Inspector General and the FBI. Investigative support was provided by the Treasury Inspector General for Tax Administration; the U.S. Postal Inspection Service; the U.S. Department of State; and, the U.S. Department of Homeland Security, Homeland Security Investigations and Enforcement and Removal Operations. Byron Chatfield and Gavin Bruce, Assistant United States Attorneys, are prosecuting the case for the District of Oregon.
New York Probation Officer Charged for Role in Conspiracy to Smuggle Heroin from NigeriaRead the Press Release
NEWARK, N.J. – A Brooklyn, New York, man was arrested this morning for allegedly collecting drug distribution proceeds and laundering money on behalf of a heroin distribution conspiracy operating out of Nigeria, Acting U.S. Attorney William E. Fitzpatrick announced.
Anderson Ajimavo, 62, is charged by complaint with one count of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin and one count of conspiracy to commit money laundering. He is scheduled to appear this afternoon before U.S. Magistrate Leda Dunn Wettre in Newark federal court.
According to the complaint:
The FBI and Homeland Security Investigations (HSI) have been investigating a drug trafficking organization operating in Nigeria, New York, New Jersey, and elsewhere. During that investigation, law enforcement learned that the drug trafficking organization employed individuals to ingest heroin pellets and fly to the United States to deliver the drugs to other members of the organization.
Ajimavo was allegedly employed by the drug trafficking organization to collect, transmit, and launder the narcotics proceeds. A confidential source (CS-1) who received the heroin from the couriers after they arrived in the United States was instructed by the leader of the drug trafficking organization to pay for the heroin through Ajimavo.
On a least four occasions from November 2016 through March 2017, CS-1 met with Ajimavo and paid him a total of over $75,000 in narcotics proceeds, which Ajimavo was to transmit to the drug trafficking organization in Nigeria.
The heroin distribution conspiracy charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life imprisonment, and a $10 million fine. The money laundering conspiracy charge carries a maximum potential penalty of 20 years in prison and a $500,000 fine, or twice the gross gain or loss from the offense.
The charges and allegations against Ajimavo are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark; U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), Newark Field Office, under the direction of Acting Special Agent in Charge Michael McCarthy; and U.S. Customs and Border Protection (CBP), under the direction of Acting Director of Field Operations Leon Hayward, New York Field Office, with the investigation.
The government is represented by Assistant U.S. Attorney Meredith Williams of the U.S. Attorney’s Office OCDETF/Narcotics Unit in Newark.
This case is being conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
NW Alabama Compounding Pharmacy Sales Representative Pleads Guilty in Prescription Fraud ConspiracyRead the Press Release
BIRMINGHAM – A sales representative for a Haleyville, Ala.,-based compounding pharmacy pleaded guilty today in federal court to participating in a conspiracy to generate prescriptions, including for a $29,000 wound cream, and defraud health care insurers and prescription drug administrators out of tens of millions of dollars in 2015.
U.S. Attorney Jay E. Town, FBI Special Agent in Charge Johnnie Sharp, U.S. Postal Inspector in Charge Adrian Gonzalez, U.S. Department of Health and Human Services, Office of Inspector General, Special Agent in Charge Derrick L. Jackson, Defense Criminal Investigative Service Special Agent in Charge John F. Khin, and Internal Revenue Service, Criminal Investigation, Acting Special Agent in Charge James E. Dorsey announced the charges.
PETER EODICE II, 34, of Webster, NY, pleaded guilty before U.S. District Court Judge L. Scott Coogler to conspiracy to commit health care fraud, wire fraud and mail fraud, various counts of health care fraud for submitting fraudulent prescription reimbursement claims to Blue Cross Blue Shield of Alabama, and one count of aggravated identity theft for forging a prescription. Eodice worked for Northside Pharmacy, an Alabama company doing business as Global Compounding Pharmacy. Global’s compounding and shipping facility was in Haleyville. The pharmacy did its prescription processing, billing and customer service at its “call center” in Clearwater, Fla.
Eodice is the fourth Global sales representative charged in the conspiracy. As part of his plea, Eodice agreed to forfeit $266,513 to the government as proceeds of illegal activity. His sentencing date has not been set.
“This defendant was one of several representatives with Global Compounding Pharmacy whose greed led him to scheme to line his pockets at the expense of average citizens simply seeking quality health care,” Town said. “This type of fraud not only puts patients at risk with unnecessary prescriptions and treatments but unconscionably drives up the costs of health care for all of us.”
According to the charges and Eodice’s plea agreement, Global hired sales representatives who were located in various states and were responsible for generating prescriptions from physicians and other prescribers. To bill insurance providers, including Blue Cross Blue Shield of Alabama, for the prescriptions, Global contracted to enter the pharmacy networks of their third-party administrators, known as “pharmacy benefit managers” or “PBMs.” These PBMs included Prime Therapeutics and Express Scripts Incorporated.
The court documents describe a conspiracy at Global that centered on generating and billing PBMs for fraudulent, often high-reimbursement prescriptions. To generate prescriptions, Global hired sales representatives who were married or related to doctors and other prescribers. Global also encouraged sales representatives to volunteer at doctors’ offices where they would review patient files and push Global’s products to patients. Global executives frequently instructed employees to obtain high-reimbursing prescriptions that Global would fill and bill for reimbursement. One of the drugs that Eodice got for himself and his family members was a wound cream that cost over $29,000. Eodice also forged multiple prescriptions.
When billing, Global engaged in various fraudulent practices, including automatically refilling and billing for prescriptions regardless of patient need, and routinely waiving co-pays to encourage patients to accept unnecessary medications and refills. Global paid sales representatives a base salary, plus a monthly commission for prescriptions they obtained, according to court documents.
The charges against Eodice follow charges brought by the U.S. Attorney’s Office earlier this year against three other Global sales representatives, Robin Gary Lowry, 49, of Columbus, Miss., Bridget McCune, 42, of Destin, Fla., and Kelley Norris-Hartley, 41, of Tuscaloosa. All three were charged with conspiracy to defraud insurance plans and PBMs, along with various health care fraud counts for submitting fraudulent claims for payment to BCBS of Alabama. McCune also was charged with conspiring to solicit and receive kickbacks in return for referring prescriptions under Medicare and TRICARE, a U.S. Department of Defense health care program, and with money laundering for spending proceeds of the crimes. All three defendants pleaded guilty. Their sentencings are scheduled for early 2018.
FBI, U.S. Postal Inspection Service, U.S. Department of Health and Human Services Office of Inspector General, and U.S. Defense Criminal Investigative Service investigated the cases, which Assistant U.S. Attorneys Chinelo Dike-Minor and Nicole Grosnoff are prosecuting.
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Modesto Real Estate Attorney Convicted of Fraud in a Short Sale SchemeRead the Press Release
FRESNO, Calif. — Robert Farrace, 53, of Modesto, was convicted today of three counts of wire fraud in connection with a fraudulent short-sale scheme, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Farrace, an attorney specializing in real estate law and the current President of the Stanislaus County Bar Association, owned two properties in Modesto with substantial mortgage loans. By early 2010, Farrace was in default and received foreclosure notices for the two properties. In order to keep the properties and avoid foreclosure, Farrace formed an entity called “Dignitas LLC” to purchase the properties. Farrace controlled Dignitas, but listed a friend’s name on the paperwork as a nominal manager because he knew the bank would not sell the property to a related party. Farrace then submitted short sale offers to the bank that serviced the loans on both properties listing Dignitas and the nominee manager as the purchaser. Farrace misrepresented his relationship to Dignitas to induce the bank to approve the short sale. Because the servicing bank did not know of the true relationship, it went forward and completed one of the short sales. The short sale on the second party was stopped after law enforcement informed the bank of Farrace’s scheme.
This case is the product of an investigation by the Federal Housing Finance Agency–Office of Inspector General, the Federal Bureau of Investigation, and the Stanislaus County District Attorney’s Office. Assistant U.S. Attorneys Michael G. Tierney and Shelley D. Weger are prosecuting the case.
Farrace is scheduled to be sentenced on February 12, 2018, by U.S. District Judge Lawrence J. O’Neill. Farrace faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Mexican Citizens Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Severino Luna Vera, age 43, and his son Joel Oswaldo Luna Pedroza, age 21, both citizens of Mexico, were each sentenced today to time served (47 days in jail) for illegal re-entry into the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Luna Vera admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on January 19, 2016. Luna Vera was also removed to Mexico on November 10, 2013.
As part of his guilty plea, Luna Pedroza admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on July 30, 2016.
On September 27, 2017, ICE Officers arrested Luna Vera and Luna Pedroza in Poestenkill, New York.
Following their respective sentencings, both men were remanded to the custody of the Department of Homeland Security, for removal.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Citizen Charged with Illegally Re-entering United StatesRead the Press Release
PITTSBURGH - A citizen of Mexico has been indicted by a federal grand jury in Pittsburgh on a charge of reentry of removed alien, Acting States Attorney Soo C. Song announced today.
The one-count indictment named Mauro Cantera-Camacho, 43, as the sole defendant.
According to the indictment, the defendant, who was previously removed from the United States on December 14, 1999, was found in Butler, Pennsylvania on May 7, 2017, without having applied for or received permission to reenter the United States from the Secretary of the Department of Homeland Security.
The law provides for a maximum total sentence of two years in prison, one year supervised release, and a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Mary McKeen Houghton is prosecuting this case on behalf of the government.
The Department of Homeland Security 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.
Mercer County Man Admits Cocaine Distribution ConspiracyRead the Press Release
TRENTON, N.J. – A Trenton man today admitted his role in a conspiracy to distribute over a kilogram of cocaine and crack cocaine in the Trenton area, Acting U.S. Attorney William E. Fitzpatrick announced.
Bobby Williams, 37, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to Count One of a superseding indictment charging him with conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine and to manufacture, distribute, and possess with intent to distribute 28 grams or more of cocaine base.
According to the documents filed in this case and statements made in court:
From September 2013 through his arrest on Jan. 13, 2016, Williams conspired with co-defendants Khalfini Richardson, William Enmond and Capitol T. Wellons to distribute cocaine and manufacture and distribute crack cocaine primarily from two adjacent residences in Trenton.
At his plea hearing, Williams admitted conspiring to distribute a total of 1.72 kilograms of cocaine and 82.9 grams of crack cocaine.
The count to which Williams pleaded guilty carries a mandatory minimum sentence of five years in prison, a maximum potential penalty of 40 years in prison and a $5 million fine. Sentencing is scheduled for March 6, 2018.
Enmond entered a guilty plea and was sentenced on July 20, 2017 to 60 months in prison. Richardson and Wellons have also pleaded guilty and await sentencing.
Acting U.S. Attorney Fitzpatrick credited special agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Valerie A. Nickerson in Newark, with the investigation leading to today’s guilty plea.The government is represented by Assistant U.S. Attorneys Molly Lorber and Joseph Gribko of the U.S. Attorney’s Office Criminal Division in Trenton.
Defense counsel: John S. Furlong Esq.Marshall County man sentenced for cocaine distributionRead the Press Release
WHEELING, WEST VIRGINIA – Justin L. Nash, of Moundsville, West Virginia was sentenced today to 18 months incarceration for cocaine distribution, United States Attorney William J. Powell announced.
Nash, age 33, pled guilty to one count of “Distribution of Cocaine Base” in August 2017. Nash admitted to distributing cocaine in Marshall County on February 7, 2017.
Assistant U.S. Attorney Robert H. McWilliams, Jr. prosecuted the case on behalf of the government. The Marshall County Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr., presided.
Many resident sentenced to more than 9 years in prison for illegally possessing, selling a shotgunRead the Press Release
SHREVEPORT, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a man from Many was sentenced last week to 110 months in prison for possessing a shotgun that he also sold.
Frank Manning Jr., 37, of Many, La., was sentenced Thursday by U.S. District Judge Elizabeth E. Foote on one count of possession of a firearm by a convicted felon. He was also sentenced to three years of supervised release. According to the August 1, 2017 guilty plea, Manning sold a Crescent Arms 20 gauge shotgun on May 25, 2016 for cash at a Many residence. Manning has prior felony convictions for drugs and domestic abuse battery in Desoto and Sabine parishes.
This investigation and prosecution is part of Project Safe Neighborhoods, which is a Department of Justice initiative to promote firearm safety and to reduce firearm crimes by preventing the possession and use of firearms by dangerous and persistent felons and others not authorized to possess a firearm.
The ATF and the Sabine Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney James G. Cowles Jr. prosecuted the case.
Manchester Man Sentenced to Eight Years for Firearms and Narcotics OffensesRead the Press Release
CONCORD, N.H. - Daniel Rogers, 31, of Manchester, New Hampshire was sentenced in federal court to eight years in prison for firearms and narcotics offenses, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, shortly after midnight on October 3, 2016, Manchester Police conducted a traffic stop on a vehicle driven by Rogers at the intersection of Granite Street and Commercial Street in downtown Manchester, New Hampshire. Police determined that there were outstanding warrants for both Rogers and his passenger. Both of them were arrested. Police subsequently obtained a warrant to search the vehicle, which resulted in the seizure of four firearms, including two rifles that were previously reported stolen, and a variety of controlled substances, including approximately 37 grams of fentanyl, 25 grams of crack cocaine, and 21 grams of powder cocaine. As a previously convicted felon, Rogers was prohibited from possessing firearms.
Rogers pleaded guilty on July 27, 2017, to possession of a controlled substance with intent to distribute, possession of a firearm by a prohibited person, and possession of a firearm in furtherance of drug trafficking. He will serve three years of supervised release following his release from federal prison.
“Drugs and guns are a deadly combination,” said Acting U.S. Attorney Farley. “Under the Project Safe Neighborhoods program, the U.S. Attorney’s Office is working with our law enforcement partners to identify and prosecute those whose conduct jeopardizes the safety of our community. The actions of the law enforcement officers here removed deadly drugs from the street and disarmed a convicted felon. We will continue to work each day to protect the citizens of our state from the dangers of drug trafficking and gun violence.”
“ATF’s mission is to combat violent crime and this investigation resulted in meeting that standard,” said Mickey Leadingham Special Agent in Charge, ATF Boston Field Division. “Today’s sentencing is another example of the importance of law enforcement partnerships and their effectiveness in protecting the citizens in our communities.”
This matter was investigated by the Manchester Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes. The case is being prosecuted by Assistant U.S. Attorney Shane Bullitt Kelbley.
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Manchester Man Pleads Guilty to Distributing FentanylRead the Press Release
CONCORD, N.H. - Alex “Lex” Hernandez, 27, previously of Manchester, New Hampshire and Lowell, Massachusetts, pleaded guilty in federal court to three counts of distributing fentanyl, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on three separate occasions in April, May and June 2016, Hernandez sold several “fingers” of fentanyl to a cooperating individual working with law enforcement. In total, Hernandez distributed approximately 110 grams of fentanyl across the three deals.
Hernandez still faces pending charges in Middlesex County, Massachusetts, for a cocaine-related offense.
Hernandez is scheduled to be sentenced on March 13, 2018.
“Fentanyl is associated with the vast majority of the drug overdose deaths in New Hampshire,” said Acting U.S. Attorney Farley. “While we recognized that those who suffer from addiction should get access to treatment, we will continue to work closely with our law enforcement partners to target and prosecute those who are selling this deadly drug. Stopping the distribution of fentanyl is necessary to protect our communities.”
“This case is another example of an individual willing to distribute deadly drugs into our neighborhoods,” said Harold H. Shaw, Special Agent in Charge of the FBI Boston Division. “With New Hampshire being at the epicenter of the opioid epidemic killing thousands, it is only by working together that we can make a difference. The FBI’s Safe Streets Gang Task Force will continue to do everything it can to bring to justice those that put these highly addictive drugs on our streets and into the hands of abusers.”
This matter was investigated by the Federal Bureau of Investigation’s Safe Streets Gang Task Force, which consists of FBI Special Agents and members of the Manchester Police Department, the Hudson Police Department, the New Hampshire State Police, the Nashua Police Department, and the New Hampshire Department of Corrections Probation and Parole. Investigators also received assistance of the Massachusetts State Police, the Lowell, Massachusetts Police Department, and the Middlesex County District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Leesville resident sentenced to 40 months in prison for counterfeiting $100 billsRead the Press Release
ALEXANDRIA, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a Leesville man was sentenced last week to 40 months in prison for taking part in counterfeiting $100 bills in order to purchase prepaid cards.
Deldrick Shykil Fowler, 25, of Leesville, La., previously of DeQuincy, La., was sentenced Thursday by U.S. District Judge Dee D. Drell on one count of counterfeiting obligations to the United States. He was also sentenced to three years of supervised release. According to the August 10, 2017 guilty plea, Fowler helped another unnamed conspirator on December 27, 2016 use a genuine $100 bill to make 58 counterfeit copies. The conspirator then passed $1,500 worth of counterfeit bills at a DeRidder, La., department store in exchange for three prepaid debit cards. The conspirator discarded the unused counterfeit bills in a trashcan at a park. The counterfeit bills were later found and provided to law enforcement officers. The officers located Fowler the next day and discovered him with two of the three prepaid cards. He had already spent the third card.
The U.S. Secret Service, Vernon Parish Sheriff’s Office and the DeRidder Police Department conducted the investigation. Assistant U.S. Attorney Robert C. Abendroth prosecuted the case.
Lawrence Woman Charged with Making False Statements on Naturalization ApplicationRead the Press Release
BOSTON – Francisca De La Cruz, a/k/a Francisca De La Cruz De Ramos, 50, was arrested today and charged in federal court in Boston with making false statements on her naturalization application.
According to the indictment unsealed today, when De La Cruz submitted an Application for Naturalization on Nov. 25, 2013, she omitted the fact that she had been arrested and criminally charged in 2006, and that when she was arrested, she identified herself to police as “Mercedes Abrue,” which was a false name.
The charge provides for a sentence of no greater than five years in prison, three years of supervised released, and a fine of up to $250,000. 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 Michael S. Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Christine Wichers of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Labor Union Organizer Sentenced to Prison for Participating in Fraud SchemesRead the Press Release
OAKLAND—Daniel Rush was sentenced yesterday afternoon to 37 months in prison for breaching his fiduciary duties to the United Food and Commercial Workers Union (UFCW) and participating in a money laundering scheme, announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The sentence was handed down by the Honorable Haywood S. Gilliam, Jr., U.S. District Judge, following Rush’s guilty pleas on June 22, 2017.
Rush pleaded guilty to one count of receiving an illegal payment as a union employee, in violation of 29 U.S.C. § 186(b)(1); one count of honest services wire fraud, in violation of 18 U.S.C. §§ 1343, 1346; and one count of conspiracy to commit structuring and money laundering, in violation of 18 U.S.C. § 371.
According to his plea agreement, between 2010 and 2015, Rush engaged in a series of schemes to enrich himself in violation of federal law and his fiduciary duties:
- In 2010, he conspired with attorney Marc L. TerBeek and others to structure approximately $420,000 in illegal drug proceeds into the banking system. Although the money was a loan from someone in the cannabis industry, Rush deliberately mischaracterized monthly interest payments as consulting fees.
- While serving as the Organizing Coordinator for the unofficial cannabis division at UFCW, Rush gave an employer a corrupted neutrality agreement in exchange for personal loan forgiveness. He also accepted kickbacks from TerBeek in exchange for referring cannabis businesses he encountered in his union role to TerBeek’s law practice.
- Rush abused his position as Executive Treasurer and Board Member at the Instituto de la Raza Laboral (Instituto) in similar fashion by demanding and accepting remuneration from TerBeek in exchange for establishing TerBeek as an approved legal provider for workers’ compensation cases at the Insituto.
- Finally, Rush engaged in corrupt conduct as a Commissioner on the Berkeley Medical Cannabis Commission when he attempted to extort a business that had applied for a dispensary permit. Using TerBeek as an intermediary, Rush communicated that if the applicant did not offer him a salaried job, with benefits, he would take adverse action against its application.
In sentencing Rush, Judge Gilliam commented that “the case reflects large-scale, long-lasting corruption on the defendant’s part.”
In addition to the prison term, the Court also sentenced the Rush to a three-year term of supervised release and ordered him to pay a fine of $7500. Rush’s coconspirator, attorney Marc L. TerBeek pleaded guilty on February 16, 2017, to one count of making an illegal payment to a union employee, in violation of 29 U.S.C. § 186(a) and one count of willfully violating an anti-structuring regulation, in violation of 12 U.S.C. § 1956. Judge Gilliam scheduled TerBeek’s sentencing hearing for November 27, 2017.
The prosecution is the result of an investigation by the FBI and the Internal Revenue Service-Criminal Investigation Division.