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5 January 2018
Man Indicted on Drug and Firearms ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 6-count indictment charging Demario Chatmon, 39, of Buffalo, NY, with various drug and firearms offenses. The charges carry a mandatory minimum penalty of 5 years imprisonment and a maximum of life imprisonment as well as a $1 million fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on May 15, 2017, a New York State search warrant was executed at the defendant’s residence at 19 South Work Street, Apartment 2, in the Village of Falconer. A loaded 9 mm handgun was found in a bedroom closet along with a box of ammunition. Further, approximately 70 grams of cocaine, 176 grams of crack cocaine, and 25 grams of marijuana were found inside the residence along with drug paraphernalia. Twelve thousand dollars in United States currency, bound together by rubber-bands in $1000 bundles, was recovered from within a jacket pocket. The defendant, who has a prior felony conviction and is thus prohibited from possessing a firearm, was arrested nearby by Jamestown Police Department driving a rented Chevy Impala
The defendant was arraigned before Magistrate Judge Jeremiah J. McCarthy and is being held.
The indictment is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Resident Agent-in-Charge Steve Dickey and the Jamestown Police Department, under the direction of Chief Harry Snellings.
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.
Local Nurse Sentenced to 60 Months in Prison for Tax Return FraudRead the Press Release
TALLAHASSEE, FLORIDA – Tangela Lawson-Brown, 41, of Midway, Florida, was sentenced yesterday to 60 months in federal prison after her conviction at trial in October 2017 for crimes arising from the filing of fraudulent federal income tax returns. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
The court imposed concurrent sentences of 36 months in prison on each of two counts of wire fraud, one count of theft of government funds, and one count of possessing fifteen or more access devices. Those sentences must be served consecutively to the 24-month sentence imposed upon Lawson-Brown for using the identities of other persons in her fraudulent scheme. Lawson-Brown was also ordered to pay $141,790 in restitution to the IRS.
Between October 2011 and December 2012, Lawson-Brown worked as a nurse at a Tallahassee nursing home. In January 2013, the Tallahassee Police Department seized a notebook containing the personally identifiable information (“PII”) of more than 150 people from Lawson-Brown’s vehicle.
More than two hundred fraudulent income tax returns were filed for the 2011 and 2012 tax years as part of the scheme. These returns sought a total of $1,018,121 in refunds and actually caused $141,790 to be disbursed. Of the fraudulent returns filed, 105 were under names listed in the notebook, with 38 of the victims having been residents at the nursing home where the defendant worked. Another 42 victims were residents at nursing homes in central Florida, where friends and relatives of Lawson-Brown worked. Fraudulent returns were filed as quickly as six days after a patient checked in to the defendant’s nursing home.
U.S. Attorney Canova said: “This case illustrates the lengths to which criminals will prey upon the vulnerability of elderly and disabled persons. Relatives and other caregivers should be alert to unauthorized tax returns, bank accounts, credit cards, and financial transactions, and should immediately report identity theft crimes to law enforcement agencies. My office will continue to aggressively prosecute identity theft crimes to deter those who may be tempted to participate in such activities, especially where it involves persons in positions of trust.”
“Tax season is almost here, and today’s sentencing of Tangela Lawson-Brown for filing false tax returns is a powerful reminder of what can happen when you decide to steal from honest taxpayers,” said Shawn Batsch, Assistant Special Agent in Charge of the Tampa Field Office. “Through their partnership with the U.S. Attorney’s Office and other law enforcement agencies, IRS Criminal Investigation’s Special Agents will continue their aggressive pursuit of those who would attempt to defraud America’s tax system.”
“It is devastating when people in positions of trust victimize the people in their care. I am proud of the collaboration demonstrated during this investigation as we worked diligently to protect and care for our most vulnerable citizens,” said Chief Michael DeLeo of the Tallahassee Police Department.
This case resulted from an investigation by the Internal Revenue Service-Criminal Investigation, the United States Secret Service, and the Tallahassee Police Department. Assistant United States Attorney Michael T. Simpson prosecuted the case.
The U.S. Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the U.S. Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Leader and Two Members of Notorious Newark Heroin Distribution Ring Plead Guilty to Drug Conspiracy ChargesRead the Press Release
NEWARK, N.J. – Three Essex County, New Jersey, men today admitted their roles in a massive drug distribution ring responsible for dealing millions of dollars’ worth of heroin out of a residential building near a high school in Newark, U.S. Attorney Craig Carpenito announced.
Quawee Jones, a/k/a “Hatman,” 34, of Newark, Shaahid Cureton, a/k/a “Dills,” 33, of Newark, and Rashard Johnson, a/k/a “Drama,” 39 of East Orange, New Jersey, pleaded guilty before U.S. District Judge Jose L. Linares in Newark federal court to separate superseding informations charging them each with conspiracy to distribute heroin.
According to documents filed in the case and statements made in court:
The defendants operated a heroin distribution marketplace out of the first floor hallway of a residential building at 25 Johnson Ave in Newark. The building is just a few doors away from the Malcolm X. Shabazz High School and the Terrell James Park playground. The conspiracy was led by Quawee Jones and Almalik Anderson, who, along with other heroin dealers that worked with them – including Cureton and Johnson – took advantage of the building’s location on a dead-end street, making it difficult for law enforcement to infiltrate the distribution network despite a constant stream of buyers entering the building at all hours of the day.
“Lookouts” were paid by the defendants to alert them to any police activity coming onto the block from the only access point on Clinton Avenue. Police could not infiltrate the building without lookouts detecting their presence and signaling the sellers. Members of the drug trafficking organization also set up an escape route whereby residents were paid to keep their doors unlocked. The dealers in the hallways would run through the building and exit via fire escapes at the rear of the building or simply hide within the apartments before police could apprehend them.
The drug conspiracy operated nearly 24 hours a day and was well-known among heroin users, who came from several different counties across New Jersey. The defendants allegedly worked in carefully planned “shifts” in order to handle the constant flow of heroin buyers. The heroin was sold in various “brands,” which were stamped onto the glassine envelopes that contained the heroin, allowing buyers to identify and purchase the brands that they preferred.
The defendants sold on average one to two kilograms of heroin per week between January 2013 and November 2015. Based upon the quantities sold, information from court-authorized wiretaps, and other evidence, the profit from the heroin distribution at 25 Johnson Avenue was estimated to be between $4 million and $7 million a year.The drug conspiracy charge to which Jones pleaded guilty carries a statutory minimum prison term of 10 years in prison and a maximum potential penalty of life in prison. The drug conspiracy charges that Cureton and Johnson pleaded guilty to carry a maximum potential sentence of 20 years in prison.
With today’s pleas, all 16 defendants indicted for their roles in the heroin distribution conspiracy, including Anderson, have been convicted.
U.S. Attorney Carpenito credited special agents of the FBI and task force officers assigned to the FBI’s Safe Streets Task Force, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation. He also thanked officers of the Newark Department of Public Safety, under the direction of Director Anthony F. Ambrose, the Essex County Sheriff’s Office under the direction of Armando B. Fontoura; the N.J. State Parole Board, under the direction of Chairman James T. Plousi; and the Orange Police Department, under Director Todd Warren, for their work on the investigation.
The government is represented by Assistant U.S. Attorneys Jonathan M. Peck and David E. Malagold, and Senior Litigation Counsel Robert Frazer of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel:
Jones: Stacy Ann Biancamano Esq., Cranford
Cureton: Ruth M. Liebesman Esq., Paramus
Johnson: Henry Klingeman Esq., and Kristen Santillo Esq., Newark
Lawrence Man Sentenced to 57 Months in Prison for Heroin TraffickingRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Allan Raymond Pimentel, 21, of Lawrence, Massachusetts was sentenced to 57 months in federal prison for his participation in a heroin trafficking conspiracy.
Court filings and statements made in court established that Pimentel participated in a drug trafficking organization (DTO) between June 2016 and October 2016 during which time he delivered drugs to his own customers while being supplied by the DTO. Pimentel also delivered drugs to customers of the DTO.
Pimental, who previously pleaded guilty to conspiracy to distribute and to possess with the intent to distribute heroin, will serve three years of supervised release after serving his prison sentence.
The investigation and prosecution of Pimentel a Drug Enforcement Administration (DEA) effort to address heroin distribution in New Hampshire. In addition to DeJesus’s prosecution, Alberto Guerrero Marte, 38, was sentenced to 15 years in prison. Michell DeJesus, 34, Luis Rodriguez Lugo, 34, Maria Miguelina Lara, 33, Santo Rodolfo Garcia Mendez, 33, Wilkin Andres Beltre Arias, 39, Edward Garcia, 31, and Luis Colon, 30, all entered guilty pleas and are awaiting sentencing. Allison DeJesus, age 19, pleaded guilty and was sentenced to five years of probation. Jonaly DeJesus, 22, was sentenced to time served and five years of supervised release. In a related case, Mark Gagnon, 54, of Candia, was sentenced to 48 months in prison.
“The law enforcement community is united in its effort to stop the distribution of heroin, fentanyl, and other dangerous drugs into our state,” said Acting U.S. Attorney Farley. “This defendant and his associates were responsible for the distribution of significant amounts of heroin. Those like this defendant who choose to profit from the sale of deadly drugs will be prosecuted aggressively.”
“Opioid abuse is at epidemic levels in the Granite State and those suffering from heroin and fentanyl addiction need access to treatment and recovery,” said DEA Special Agent in Charge Michael J. Ferguson. “But, those responsible for distributing lethal drugs like heroin to the citizens of New Hampshire need to be held accountable for their actions. DEA is committed to aggressively pursue Drug Trafficking Organizations or individuals who are coming from out of state to distribute this poison in order to profit and destroy people’s lives. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”
This matter was investigated by the DEA; Homeland Security Investigations; the Massachusetts State Police; the Haverhill Police Department; the United States Marshals Service; the New Hampshire State Police; the Manchester Police Department; the Lawrence Police Department; the Lowell Police Department, the Methuen Police Department, and the Hillsborough County Drug Task Force. This case was prosecuted by Assistant U.S. Attorney Donald A. Feith.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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Key Player in Oxycodone Distribution Ring Sentenced to Seven Years in PrisonRead the Press Release
A key player in a prescription forgery ring that distributed hundreds of thousands of pills of oxycodone was sentenced today in U.S. District Court in Tacoma to 84 months in prison and 3 years of supervised release, announced U.S. Attorney Annette L. Hayes. STOSH SATKOWSKI, 24, of Tacoma, pleaded guilty in October 2017 to conspiracy to distribute oxycodone, being a felon in possession of a firearm and failure to appear in court. SATKOWSKI was a key player in the ring led by forger Anthony Ballenger, 29. SATKOWSKI recruited others to the ring who used the forged prescriptions and false identities to obtain drugs from unsuspecting pharmacies. At the sentencing hearing U.S. District Judge Ronald B. Leighton commented in sentencing the defendant: “The Rule of Law is the ligament that binds us together.”
“This defendant was a critical member of a ring that forged prescriptions and sold highly addictive drugs to fatten their wallets – oblivious to the desperation they left in their wake,” said U.S. Attorney Annette L. Hayes. “The opioid crisis is hitting communities in Western Washington hard. I commend the partnership between the federal and local law enforcement that developed the evidence necessary to hold this defendant to account.”
According to records filed in the case, Ballenger was the leader of a sophisticated ring that stole the identity information of medical professionals to forge prescriptions for powerful painkillers. SATKOWSKI was Ballenger’s key associate. The conspirators used stolen DEA registration numbers to create phony prescriptions while using various online tools to make it appear that the prescriptions had been issued by actual medical providers. In order to lull pharmacies into filling the prescriptions, Ballenger illegally accessed various online databases, including government databases, and altered the contact information for the medical professionals to divert inquiries from pharmacies to himself. Ballenger also posed as the medical professionals whose identities he stole when accessing online prescription-delivery systems, which he then used to send electronic prescriptions to pharmacies throughout Western Washington. SATKOWSKI took the forged prescriptions and fake identity documents and recruited others known as ‘runners’ who posed at patients picking up the medications at dozens of pharmacies. SATKOWSKI transported the runners and collected the pills after the transactions. Ballenger and SATKOWSKI distributed the pills to users throughout the Puget Sound region. SATKOWSKI sometimes charged his customers well above street level prices, preying on their addictions.
SATKOWSKI also pleaded guilty to illegally possessing a firearm. In October 2016, SATKOWSKI illegally possessed a Beretta handgun. He was prohibited from possessing a firearm due to his prior felony convictions for burglary, unlawful possession of a firearm, and harassment. SATKOWSKI also pleaded guilty to failing to appear for trial in May 2017, when he cut off his GPS locator and absconded from supervision.
In June 2017, Ballenger was sentenced to 76 months in prison.
The case was investigated by the Drug Enforcement Administration’s Tactical Diversion Squad which includes task force officers from Tacoma and Seattle Police Departments and the Washington State Patrol. The U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) assisted with the investigation, as did local police agencies from throughout King and Pierce Counties.
The case is being prosecuted by Assistant United States Attorney Siddharth Velamoor.
Katy Couple Ordered to Pay Restitution in Nanny CaseRead the Press Release
HOUSTON – The Katy couple charged in relation to the enslavement of their nanny have been sentenced and ordered to pay more than $100,000 in restitution to the victim, announced Acting U.S. Attorney Abe Martinez. Sandra Nsobundu, 49, pleaded guilty to unlawful conduct with respect to documents in furtherance of forced labor, while her husband - Chudy Nsobundu, 57, pleaded to visa fraud.
At a hearing that concluded late tonight, U.S. District Judge Nancy Atlas ordered the couple to pay $121,035.04 in restitution to the victim. They will also serve sentences of 14 months – seven in prison and another seven on home confinement. In addition to the restitution, Sandra Nsobundu was further ordered to pay an additional $5,000 fine per the Justice for Victims of Trafficking Act of 2015. Both will also be required to serve a term of three years of supervised release following completion of the prison term.
From on or about Sept. 29, 2013, and Oct. 10, 2015, the couple maintained a Nigerian woman to serve as a housemaid and nanny at their residence in Katy.
The immigration laws and regulations of the U.S. require citizens of certain foreign countries who seek admission to the U.S. to obtain a visa prior to entry. The application must contain true and accurate information and is submitted under oath. The defendants knowingly caused a false visa application for the victim to be submitted to the Department of State with numerous pieces of false information. These included the woman’s incorrect date of birth identifying her as 20 years older than she was, a false statement that she was married when she was not, a false statement indicating the purpose of travel was to attend a niece’s graduation and a written letter falsely stating that Chudy Nsobundu was her brother. Chudy Nsobundu knowingly made multiple material misrepresentations under oath on the visa application to increase the chances that the victim’s visa application would be accepted and to hide the fact that she would be working for the Nsobundu family as a housemaid and nanny under conditions not in compliance with U.S. labor laws. He submitted the application under oath, knowing the application contained these material misrepresentations.
Sandra Nsobundu aided and abetted in the submission of the fraudulently filed visa application her husband had submitted. In September 2013, Sandra Nsobundu took the woman to the U.S. Embassy in Lagos, Nigeria, to obtain her visa. Sandra Nsobundu gave her a letter to provide to the consular officials which indicated she did not speak English well and that she would be traveling to the U.S. for her niece’s graduation. Sandra Nsobundu gave the woman a picture of Chudy Nsobundu and the family and told her to tell the officials that he was her brother. The victim is not a relative of Chudy Nsobundu and is not married. The spouse listed on her visa application is the Nsobundus’ driver in Nigeria.
After obtaining the woman’s visa, the Nsobundus paid to transport the victim from Nigeria to the U.S. Once here, Sandra Nsobundu took the victim’s passport and copies of her bank statement. The defendants then concealed, removed and possessed the woman’s passport and visa with the intent to violate the forced labor statute. As part of the plea today, they intended to prevent and restrict, without lawful authority, the victim’s liberty and ability to move and travel in order to maintain her labor and services.
The couple knowingly unlawfully obtained the labor and services of this woman from on or about Sept. 29, 2013, to Oct. 10, 2015. Throughout the period she worked for defendants, the victim was not permitted to have her passport or visa. The Nsobundus knowingly enacted a scheme intended to cause the woman to believe that failure to perform the labor and services would result in serious harm to her. They also threatened abuse of law and the legal process. The scheme included not paying the victim and restricting her movement to the defendants’ residence or two short walks per day around the block with the children. They also frequently yelled at, scolded and berated the victim for moving too slowly or failing to care for the children in the manner they wanted. In addition, the Nsobundus threatened to send the woman back to Nigeria if she did not comply with their labor demands.
The Nsobundus had previously agreed to pay the victim 20,000 Nigerian nairas-$100 U.S. per month. The Nsobundus never paid the victim for any of her work here in the United States.
The victim was rescued Oct. 10, 2015, after more than two years with Nsobundus in the U.S. following a tip to the National Human Trafficking Resource Center.
The couple was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
Members of the Human Trafficking Rescue Alliance conducted the investigation, which included Immigration and Customs Enforcement’s Homeland Security Investigations, the Department of Labor’s Wage and Hour Division, Fort Bend County Sheriff’s Office, Department of State-Diplomatic Security Service. Assistant U.S. Attorney (AUSA) Julie N. Searle and former AUSA Ruben R. Perez prosecuted the case.
Jacksonville Man Pleads Guilty to Wire and Tax Fraud After Stealing More Than $150,000 from His EmployerRead the Press Release
Jacksonville, FL – United States Attorney Maria Chapa Lopez announces that Albert Jason Miller (46, Jacksonville) today pleaded guilty to wire fraud and filing a false tax-related document. He faces a maximum penalty of 20 years in federal prison on the fraud count and up to 3 years’ imprisonment on the false filing count. A sentencing date has not yet been set.
According to the plea agreement, Miller was an employee of CEVA Logistics, a Netherlands–based contract logistics and freight/transportation management company that has offices in Jacksonville. From 2008 through March 2013, he worked in the company’s procurement department. In May 2010, Miller created a fictitious business named “CEVA” and told vendors to make checks payable to CEVA because CEVA Logistics was undergoing a legal name change. He then began diverting those checks and depositing them into a bank account he had opened in the name of CEVA, where he was the sole authorized signor. Miller diverted a total of $162,281.96 and failed to disclose the stolen proceeds as income on his 2010, 2011, 2012, and 2013 tax returns. Miller used the stolen proceeds to pay for personal expenses.
This case was investigated by Internal Revenue Service – Criminal Investigation and the Florida Department of Law Enforcement as part of the IRS-Criminal Investigation’s Northeast Florida Financial Task Force. It is being prosecuted by Assistant United States Attorney Beatriz Gonzalez.
Isleta Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – David Lucero, 40, an enrolled member and resident of Isleta Pueblo, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to an assault charge. Under the terms of his plea agreement, Lucero will be sentenced to a maximum of 24 months in federal prison.
Lucero was arrested in Nov. 2016, on an indictment charging him with assault resulting in serious bodily injury and assault resulting in substantial bodily injury. According to the indictment, Lucero committed the crimes between May 9 and 10, 2016, on the Isleta Pueblo in Bernalillo County, N.M.
During today’s proceedings, Lucero pled guilty to Count 1 of the indictment charging him with assault resulting in serious bodily injury. According to the plea agreement, during the night of May 9, 2016 and into the early morning of May 10, 2016, Lucero was intoxicated and argued with the victim, Lucero’s intimate partner. Lucero became upset and struck the victim in the face. As the result of the assault, the victim suffered a cut on her eyelid and a torn tear duct, and required surgery to repair these injuries.
This case was investigated by the Isleta Pueblo Tribal Police Department. Assistant U.S. Attorneys Nicholas J. Marshall and Jennifer Rozzoni are prosecuting the case pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
International Narcotics Distributor Sentenced to 20 Years’ Imprisonment for Trafficking Narcotics and Laundering Millions of DollarsRead the Press Release
Earlier today at the federal courthouse in Brooklyn New York, Salvador Jimenez Uribe, also known as “Salvador Uribe Jimenez,” an international narcotics distributor and money launderer, was sentenced by United States District Judge Raymond J. Dearie to 20 years’ imprisonment for narcotics and money laundering charges, including international cocaine importation conspiracy, international narcotics distribution conspiracy, narcotics distribution conspiracy, and money laundering conspiracy.
The sentence was announced by Richard P. Donoghue, United States Attorney for the Eastern District of New York, and James J. Hunt, Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division.
“The defendant trafficked kilograms of cocaine and heroin from South America and Mexico for distribution in the United States, flooding our streets with dangerous drugs, and laundered millions of dollars in narcotics proceeds,” stated United States Attorney Donoghue. “This sentence demonstrates that those who seek to profit from importing and distributing narcotics in our country will be held accountable.”
According to court filings and facts presented during court proceedings, the defendant smuggled cocaine, marijuana and heroin across the U.S.-Mexican border, concealing the narcotics in tractor-trailer trucks operated by associates of Mexican drug cartels and delivering the narcotics to co-conspirators in the New York-area. The defendant also laundered millions of dollars in narcotics proceeds using a Queens-based jewelry store, which sent the money to Mexico. The defendant also facilitated the transport of large quantities of cocaine from Ecuador to the United States, concealing the cocaine in the flaps of cardboard boxes containing bananas, shipped by an Ecuadorian company.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Hiral D. Mehta and Craig R. Heeren are in charge of the prosecution.
The Defendant:
SALVADOR JIMENEZ URIBE
Age: 52
Residence: Guadalajara, MexicoEDNY Docket No. 12-CR-603 (RJD)
Guatemalan National Sentenced for Illegal Use of a Social Security NumberRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that RONY NOE DIAZ-MAZARIEGOS, age 27, a citizen of Guatemala, was sentenced today after previously pleading guilty to a one-count Bill of Information charging him with Illegal use of a Social Security Number.
U.S. District Judge Mary Ann Vial Lemmon sentenced DIAZ-MAZARIEGOS to credit for time served. DIAZ-MAZARIEGOS will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings
According to court documents, on September 6, 2017, agents of the U.S. Department of Homeland Security arrested DIAZ-MAZARIEGOS at a safety training facility in St. Rose. DIAZ-MAZARIEGOS admitted to having used a fraudulent Social Security card and his alias to attend the training course which he was required to take before he could start working as an insulation contractor. DIAZ-MAZARIEGOS was found in possession of a Tennessee identification card as well as a Social Security card which was not assigned to him by the Commissioner of Social Security.
Acting U.S. Attorney Evans praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis was in charge of the prosecution.
Former New Yorker Living in Mexico Sentenced to Prison for $10 Million Scheme to Defraud Liberty Travel, ScotiabankRead the Press Release
PITTSBURGH – A former resident of Wappingers Falls, New York, who had been living in Ciudad de Tuxpan, Veracruz, Mexico, has been sentenced to 51 months imprisonment and three years supervised release on his conviction of fraud conspiracy and access device fraud, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Nicolas Frank Sucich, aka Francisco Javier Alavarez-Johnson, age 48, of Ciudad de Tuxpan, Veracruz, Mexico.
According to the information presented to the court, between November, 2007 and February, 2011, Sucich conspired to defraud Liberty Travel and Scotiabank of nearly $10 million through the purchase of airline tickets and travel with an unauthorized Scotiabank Mastercard. Upon completion of his sentence, Sucich will be sentenced in Duchess County, New York,on related fraud charges.
Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.
The United States Attorney commended the U.S. Immigration Customs Enforcement, Homeland Security Investigations, for the investigation that led to the successful prosecution of Nicolas Frank Sucich.
Former Jersey City Chief of Police Admits Fraud Involving Off-Duty Work AssignmentsRead the Press Release
TRENTON, N.J. – The former Jersey City Chief of Police today admitted defrauding the Jersey City Housing Authority (JCHA) by obtaining compensation for off-duty work that he did not perform, U.S. Attorney Craig Carpenito announced.
Philip D. Zacche, 61, of Manalapan, New Jersey, pleaded guilty before U.S. District Judge Freda L. Wolfson in Trenton federal court to an information charging him with one count of embezzling, stealing, obtaining by fraud, misapplying, and without authority knowingly converting money belonging to the JCHA.
According to documents filed in this case and statements made in court:
Zacche was a member of the Jersey City Police Department who was available to perform off-duty work. The JCHA was responsible for the administration of certain housing units in Jersey City. Between 2010 and 2014, the JCHA hired and paid Jersey City police officers to provide security at some of their housing sites.
Zacche admitted defrauding the JCHA by filling out and submitting time sheets representing that he completed certain security shifts even though he was not present at the JCHA site. As such, Zacche was paid a total of $31,713 for work that he did not perform.
Zacche faces a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Pursuant to the plea agreement, Zacche is required to forfeit $24,700. His sentencing is scheduled for April 9, 2018.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Timothy A. Gallagher in Newark, and special agents of the U.S. Department of Housing and Urban Development, Office of the Inspector General, under the direction of Special Agent in Charge Christina Scaringi, with the investigation leading to today’s guilty plea.
The Jersey City Police Department is cooperating with the investigation.
The government is represented by Assistant U.S. Attorney Vikas Khanna, Deputy Chief of the Health Care and Government Fraud Unit.
Defense counsel: Anthony J. Iacullo Esq., Nutley, New Jersey
Former CFO of Arthrocare Corporation Sentenced to Prison for Role in $750 Million Securities Fraud SchemeRead the Press Release
The former chief financial officer (CFO) of ArthroCare Corporation, a publicly traded medical device company based in Austin, Texas, was sentenced today to 50 months in prison for his role in orchestrating a fraud scheme that resulted in shareholder losses of over $750 million.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney John F. Bash of the Western District of Texas and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field office made the announcement.
Michael Gluk, 59, of Austin, was sentenced by U.S. District Court Judge Sam Sparks of the Western District of Texas, who also ordered Gluk to pay a $50,000 fine and to forfeit $677,804.
On June 14, 2017, Gluk pleaded guilty to a superseding information charging him with one count of conspiracy to commit wire and securities fraud. As part of his guilty plea, Gluk admitted that he conspired with others to falsely inflate ArthroCare’s sales and revenue through a series of end-of-quarter transactions involving ArthroCare’s distributors. He further admitted that he and other co-conspirators caused ArthroCare to file a Form 10-K for 2007 and Form 10-Q for the first quarter of 2008 with the U.S. Securities and Exchange Commission (SEC) that materially misrepresented ArthroCare’s quarterly and annual sales, revenues, expenses and earnings. As part of his plea, Gluk further admitted that he provided false testimony in proceedings before the SEC and in federal district court.
The fraud scheme at ArthroCare began in 2005 and continued until 2009. Gluk admitted that he and his co-conspirators determined the type and amount of product to be shipped to distributors based on ArthroCare’s need to meet Wall Street analyst forecasts, rather than distributors’ actual orders. Gluk and others then caused ArthroCare to “park” millions of dollars’ worth of ArthroCare’s medical devices at its distributors at the end of each relevant quarter. ArthroCare reported these shipments as sales in its quarterly and annual filings at the time of the shipment, enabling the company to meet or exceed internal and external earnings forecasts.
ArthroCare’s distributors agreed to accept shipment of millions of dollars of products in exchange for special conditions, including substantial, upfront cash commissions, extended payment terms and the ability to return products, allowing ArthroCare to falsely inflate revenue by tens of millions of dollars, Gluk admitted. Gluk admitted that he and his co-conspirators caused ArthroCare to acquire its largest distributor, DiscoCare, specifically to conceal from the investing public the nature and financial significance of ArthroCare’s relationship with DiscoCare.
Gluk’s earlier conviction was overturned by the U.S. Court of Appeals for the Fifth Circuit. Gluk subsequently pleaded guilty and cooperated against co-conspirator, Michael Baker, the former CEO of ArthroCare, who was convicted at trial on Aug. 18, 2017 of one count of conspiracy to commit wire fraud and securities fraud, seven counts of wire fraud, two counts of securities fraud and two counts of making false statements. On Nov. 3, 2017, Baker was sentenced to 240 months in prison.
Co-conspirators David Applegate and John Raffle, both former senior vice presidents of ArthroCare, pleaded guilty to multiple felonies in 2013 in connection with their participation in the scheme. On Aug. 29, 2014, Raffle was sentenced to 80 months in prison and Applegate was sentenced to 60 months in prison.
This case was investigated by the FBI’s San Antonio, Austin Resident Agency Office. The case is being prosecuted by Securities and Financial Fraud Unit Chief Benjamin D. Singer, Assistant Chief Henry P. Van Dyck and Trial Attorney Caitlin Cottingham of the Criminal Division’s Fraud Section.
Former Baltimore City Sergeant Pleads Guilty to Racketeering, Robberies, Overtime Fraud and Planting EvidenceRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – Sergeant Wayne Earl Jenkins, age 37, of Middle River, Maryland, pleaded guilty today to one count of racketeering conspiracy, one count of racketeering, two counts of robbery, one count of destruction, alteration, or falsification of records in a federal investigation, and four counts of deprivation of rights under color of law.
The guilty plea 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.
Jenkins joined the Baltimore Police Department (BPD) on February 20, 2003 and was promoted to Sergeant on November 20, 2013. On June 13, 2016, Jenkins became the Officer in Charge of the Gun Trace Task Force (GTTF,) a specialized unit within the Operational Investigation Division of the BPD. According to the plea agreement, Jenkins schemed to steal money, property, and narcotics by detaining victims, entering residences, conducting traffic stops, and swearing out false search warrant affidavits. In addition, Jenkins prepared and submitted false official incident and arrest reports, reports of property seized from arrestees, and charging documents. The false reports concealed the fact that Jenkins and his co-conspirators had stolen money, property, and narcotics from individuals.
According to his plea agreement, Jenkins admitted that he participated in seven separate robberies between May 2011 and August 2016. Jenkins also stole dirt bikes from individuals who were riding them illegally on city streets and then sold them through an associate.
In addition to the robberies, Jenkins also admitted to stealing 4-5 boxes, containing approximately 12 pounds, of high-grade marijuana that had been intercepted by law enforcement from the U.S. mail, as well as prescription medicines that he had stolen from someone looting a pharmacy during the April 2015 riots. Jenkins admitted he gave D.S. drugs he stole from detainees and arrestees, including cocaine, marijuana and heroin. D.S. was able to sell the drugs and shared the proceeds with Jenkins. In total, D.S. paid Jenkins $200,000 to $250,000 of drug proceeds.
In an effort to conceal his true identity, Jenkins told detainees and arrestees that he was a federal task force officer, which he was not, and told his co-defendants to identify him as the U.S. Attorney.
Jenkins admitted to obstructing law enforcement by alerting his co-defendants about potential investigations of their criminal conduct. Jenkins learned that Gondo and Rayam were under investigation from other BPD officers and from an Assistant State’s Attorney in the Baltimore City State’s Attorney’s Office. Jenkins also learned from a BPD officer and an Assistant State’s Attorney that there was a federal wiretap on Gondo’s phone, and that Rayam was under investigation. Jenkins then shared this information with his co-defendants. When Jenkins, Gondo, Hendrix, Hersl, Rayam, Taylor and Ward were detained in the Howard County Detention Center, Jenkins directed the defendants to “keep their mouths shut” and “stick to the story,” or words to that effect, in an effort to obstruct justice.
Jenkins has also pleaded guilty to planting evidence and authoring a false police report which resulted in the conviction and imprisonment of two Baltimore City men in 2010.
According to the plea agreement, Jenkins admitted that he routinely submitted false and fraudulent individual overtime reports, thereby defrauding the Baltimore Police Department and the citizens of the State of Maryland. On these reports, Jenkins falsely certified that he worked his entire regularly assigned shifts, when he did not, and that he worked additional hours for which he received overtime pay, when he had not worked all and in some cases any of those overtime hours. Jenkins also admitted that he submitted false and fraudulent overtime reports on behalf of his co-defendants.
The plea agreement provides for a minimum sentence of 20 years imprisonment and a maximum sentence of 30 years imprisonment.
Acting United States Attorney Stephen M. Schenning commended the FBI for its work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Leo J. Wise and Derek E. Hines, who are prosecuting these Organized Crime Drug Enforcement Task Force cases.
Florida Residents Plead Guilty to Credit Card Fraud ChargesRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Alejandro Caal, 45, of Tampa, Florida; Zulairam Ramos, 30, of Orlando, Florida; Adrian Teruel, 26, of Orlando, Florida; and Olga Valido, 51, of Kissimmee, Florida, pleaded guilty on Wednesday in U.S. District Court to access device fraud and conspiracy to commit access device fraud.
Court records show that between October 2016 and March 2017, the defendants used stolen credit and debit card numbers to purchase merchandise and gift cards at Maine stores. Each of the defendants used stolen card numbers belonging to Maine residents to make fraudulent purchases in late 2016 and early 2017. Caal, Teruel and Valido were arrested on March 11, 2017, and initially charged in state court. All four defendants were charged federally in April 2017.
The defendants each face up to ten years in prison on the access device fraud charge and five years in prison on the conspiracy charge. They also face a $250,000 fine on each charge. The defendants have pleaded not guilty to aggravated identity theft charges, and a bench trial on those charges is scheduled for January 23, 2018. They will be sentenced after the completion of presentence investigation reports by the U.S. Probation Office.
The Falmouth Police Department was the lead investigative agency in this case. The case was also investigated by the Augusta, Scarborough, South Portland, and Winthrop police departments; the Cumberland County Sheriff’s Office and the U.S. Secret Service.
Florida Man Sentenced to Almost Three Years for Credit Card Fraud and Aggravated Identity TheftRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Juan Carlos Febles, 52, of Miami Gardens, Florida, was sentenced on Wednesday in U.S. District Court by Chief Judge Nancy Torresen to 34 months in prison and three years of supervised release for conspiracy to commit access device fraud and aggravated identity theft. He pleaded guilty on August 24, 2017.
Court records show that between about November 2015 and June 2016, the defendant and others used stolen credit and debit card numbers to purchase merchandise. In June 2016, as part of the conspiracy, the defendant and others traveled to Maine. On June 15, 2016, after a co-conspirator, Yaisder Herrera Gargallo, purchased merchandise at a Portland Walgreens using a stolen card number, store personnel notified the police and provided a license plate number. On June 16, 2016, the defendant purchased over $700 worth of merchandise at an Augusta Home Depot using a stolen card number belonging to a victim from Vassalboro.
On June 18, 2016, a Cumberland County Sheriff’s Office deputy stopped the vehicle in which the defendant and two other men were traveling. The stop led to their arrest and the discovery of merchandise, numerous fraudulent credit cards and a laptop computer. The laptop computer was later found to contain credit card numbers and related data.
Yaisder Herrera Gargallo was sentenced to 40 months in prison and three years of supervised release on November 14, 2017. The defendant’s other two co-defendants—Jose Castillo Febles and Meylisi Rueda—have pleaded guilty and await sentencing.
The case was investigated by the Cumberland County Sheriff’s Office, the Portland Police Department and the U.S. Secret Service.
Florida Man Pleads Guilty to Distributing Furanyl Fentanyl Resulting in DeathRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Antonorio Nelson (29, Lakeland) has pleaded guilty to conspiracy to distribute furanyl fentanyl resulting in death. He faces a minimum mandatory penalty of 20 years, up to life, in federal prison.
Furanyl fentanyl is a Schedule I controlled substance that is used in the same manner as fentanyl. Because of its potency, a small amount of furanyl fentanyl is potentially lethal.
According to the plea agreement, between February 2 and 6, 2017, Nelson conspired to distribute furanyl fentanyl that resulted in the death of “T.C.,” who died from furanyl fentanyl intoxication. The investigation of “T.C.’s” death identified Nelson as the supplier. “T.C.” had purchased baggies of furanyl fentanyl with green dragon stamps on them from Nelson on February 3, 2017. The next morning, “T.C.” was found unresponsive and later pronounced dead.
On February 6, 2017, detectives from the Polk County Sheriff’s Office executed a search warrant at Nelson’s residence. Inside the home, detectives found 73 baggies of furanyl fentanyl and a loaded .38 caliber revolver. Several of the furanyl fentanyl baggies recovered during the search had a green dragon stamp consistent with the bags “T.C.” had purchased from Nelson before dying.
This case was investigated by the Drug Enforcement Administration and the Polk County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Dan Baeza.
Final Defendants in Gang-Affiliated Drug Trafficking Conspiracy Sentenced to Decades in Prison; Sentencings Bring an End to the Successful Conviction of all 25 Charged DefendantsRead the Press Release
Assistant U. S. Attorneys Andrew Haden (619) 546-6961 and Seth Askins (619) 546-6692
NEWS RELEASE SUMMARY – January 5, 2018
SAN DIEGO – Deandre Cook today became the last of 25 gang members and associates to be sentenced as part of a prolific gun and drug trafficking operation that sold large quantities of methamphetamine and heroin in southeast San Diego neighborhoods. Cook was sentenced by U.S. District Judge John Houston to 84 months in prison.
Today’s sentencing brings the case to a close with the successful convictions of all 25 defendants. Last month, Judge Houston sentenced the lead defendant in the conspiracy, Fili Usini, to 14 years in prison.
The two original 2016 indictments were the product of a year-long investigation. Over 1,500 grams of methamphetamine, 248 grams of heroin and six firearms were also seized as part of the investigation. The two indictments charged four different conspiracies with overlapping players, including individuals with ties to criminal street gangs such as Skyline, the Samoan Bloods, Kalaban, the Stateside Islanders, the Paradise Hills Locos, Logan Heights, Old Town National City, National City Southside Mob, Trust No Soul and Lincoln Park. Most of the defendants were selling methamphetamine on the streets of southeast San Diego. Other defendants were involved in the importation of methamphetamine and heroin from Mexico.
All 25 defendants charged in the case pleaded guilty and were convicted of drug trafficking. Three defendants were also charged with and pleaded guilty to being felons in possession of firearms. Judge Houston imposed prison terms on all 25 defendants, ranging from a low of 14 months to the high of 168 months for Usini. All but six defendants received prison terms in excess of five years.
The case was the product of a coalition of local, state, and federal agents, led by Homeland Security Investigations (HSI) Gang Investigations Group and the San Diego Police Department.
“Methamphetamine is wrecking lives and communities, and this successful prosecution brings an immediate halt to the dangerous environment created by these 25 gang members and associates,” said U.S. Attorney Adam L. Braverman. “This case is a huge success story in our efforts to restore peace and safety to San Diego neighborhoods. We are going to continue our attack on those gang members who are committing violence on the streets of San Diego.”
"HSI Special Agents will continue to work with other law enforcement partners and prosecutors to eliminate the dangers that gang members bring up on our communities and put a stop to their criminal enterprises," said David Shaw, Special Agent in Charge of HSI in San Diego. “We will continue to work diligently to investigate, and ultimately dismantle these transnational street gangs and bring them to justice.”
“This operation and collaborative effort is yet another example of how well San Diego County law enforcement agencies partner together to fight crime to keep our neighborhoods safe", said San Diego Police Chief Shelley Zimmerman. "We will not tolerate criminal activity and we will continue to work together with all of our communities to make San Diego the safest City in the nation.”
United States v. Ortiz, et al, 16-CR-874-JAH
Defendants
FRANCISCO JAVIER ORTIZ-LUNA (1) –75 months prison
JAVIER HERNANDEZ (2) – 37 months prison
YARELI MAGNOLIA NORIEGA (3) – 78 months prison
JASMINE EUNIQUE RIPP (4) – 46 months prison
JULIO ALBERTO ONTIVEROS (5) – 46 months prison
Summary of Charges
Title 21, U.S.C., Secs. 952, 960, 963 Conspiracy to Import Controlled Substances - Life
Title 21, U.S.C., Secs. 841(a)(1) and 846 B Conspiracy to Distribute Methamphetamine - Life
Title 21, U.S.C., Secs. 952 and 960 Importation of Methamphetamine – 20 years
Title 21, U.S.C., Sec. 841(a)(1)- Possession of Methamphetamine with Intent to Distribute – 40 years
Title 21, U.S.C., Secs. 952 and 960 B Importation of Heroin – 40 years
Title 21, U.S.C., Sec. 841(a)(1)- Possession of Heroin with Intent to Distribute – 20 years
United States v. Usini, et al., 16-CR-875-JAH
Defendants
FILI USINI (1) – 168 months prison
VIRGILIO SORIANO VILLEGAS (2) – 87 months prison
CARL DELANDO BRANDON (3) – 75 months prison
DEANDRE COOK (4) – 84 months prison
FRANC LESTER BULARAN (5) – 110 months prison
ANTHONY VELARDE (6) – 120 months prison
KRISTOFFER UMALI MACALMA (7) – 110 months prison
BICENTENNIAL POUTOA (8) – 110 months prison
VICTOR CERVANTES (9) – 120 months prison
JORGE ARMANDO SALAS (10) – 90 months prison
MAURICE SCOTT (11) – 70 months prison
JAMES GILLESPIE (12) – 63 months prison
KEITH IAULUALO (13) – 54 months prison
LONNIE DARNELL ANDERSON (14) – 60 months prison
TERRENCE ANDERSON (15) – 70 months prison
PATRICK JEFFREY DIBBLE (16) – 85 months prison
KEMONDRE HAMILTON (17) – 40 months prison
RICHARD BELCHER (18) – 60 months prison
LAVONN WILLIAM HALL (19) – 75 months prison
ANITA VILLALBA (20) – 14 months prison
Summary of Charges
Title 21, U.S.C., Secs. 841(a)(1) and 846 B Conspiracy to Distribute Methamphetamine – Life
Title 21, U.S.C., Sec. 841(a)(1)- Possession of Methamphetamine with Intent to Distribute – Life
Title 18, U.S.C., Sec 922(g)(1) – Felon in Possession of a Firearm – 10 years
Title 21, U.S.C., 853, Title 18, U.S.C., 924(d), and Title 28, U.S.C., 2461(c) – Criminal Forfeiture
AGENCIES
Homeland Security Investigations
San Diego Police Department
Drug Enforcement Administration
Bureau of Alcohol Tobacco Firearms and Explosives
San Diego Sheriff’s Department
San Diego County Probation Department
El Cajon Police Department
San Diego County District Attorney’s Office
U.S. Bureau of Prisons
Federal Marijuana Enforcement PolicyRead the Press Release
Spokane – On January 4, 2018, Attorney General Jefferson B. Sessions III, issued a memorandum concerning federal marijuana enforcement policy. The following is today’s statement from Joseph H. Harrington, United States Attorney for the Eastern District of Washington:
The Attorney General reiterated his confidence in the long-established principles of federal prosecution that guide the discretion of each United States Attorney around the country (U.S. Attorney’s Manual, chapter 9-27.000), and directed that those principles shepherd enforcement of federal law regarding marijuana. With those principles in mind, the Attorney General emphasized his belief that United States Attorneys are in the best position to weigh all relevant considerations – to include the nature and seriousness of an offense, the potential deterrence effect of prosecution, a putative defendant’s culpability in connection with an offense, a putative defendant’s criminal history and other circumstances, and the limited federal resources -- when deciding which cases to prosecute in their respective communities. When weighing those considerations public safety is always at the fore.
Those principles have always been at the core of what the United States Attorney’s Office for the Eastern District of Washington does – across all threats to public safety, including those that may relate to marijuana. This United States Attorney’s Office will continue to ensure, consistent with the most recent guidance from the Department of Justice, that its enforcement efforts with our federal, state, local, and tribal law enforcement partners focus on those who pose the greatest safety risk to the communities in Eastern Washington, by disrupting criminal organizations, tackling the growing drug crisis, thwarting violent crime, and corralling white-collar fraudsters in this District.
This Statement is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal.
Duane (DAK) Kees Takes Office as United States Attorney for the Western District of ArkansasRead the Press Release
FORT SMITH - Duane (DAK) Kees has taken the oath of office to become the United States Attorney for the Western District of Arkansas. Mr. Kees was nominated by President Donald Trump on September 28, 2017, and confirmed by the U.S. Senate on December 20, 2017. He took the oath of office today at 4 p.m. from United States District Court Chief Judge P.K. Holmes, III and began work immediately after the ceremony.
U.S. Attorney Kees stated, “I am honored and excited to begin serving the people of Arkansas as U.S. Attorney for the Western District. I am grateful to Senators Boozman and Cotton for their support. I look forward to working with law enforcement to ensure the safety of the citizens of Arkansas.”
As U.S. Attorney, Mr. Kees is the top-ranking federal law enforcement official in the Western District of Arkansas, which includes six divisions and 34 counties within Arkansas, with its primary office in Fort Smith. He oversees a staff of 41 employees, including 21 attorneys and 20 non-attorney support personnel. The office is responsible for prosecuting federal crimes in the district, including crimes related to terrorism, public corruption, child exploitation, firearms, and narcotics. The office also defends the United States in civil cases and collects debts owed to the United States.
Born in Little Rock, Mr. Kees is a graduate of the University of Arkansas and University of Arkansas School of Law. He enlisted in the U.S. Army in 2001 and rose to the rank of Captain while earning numerous awards and decorations.
During his military career, Mr. Kees served as a legal assistance attorney, trial counsel, brigade judge advocate and senior defense attorney. Mr. Kees is currently serving with the Arkansas National Guard at Camp Robinson in Little Rock and hold the rank of Major.
Mr. Kees succeeds Kenneth Elser, who had served as acting U.S. Attorney
since Conner Eldridge’s resignation on August 21, 2015.
Convicted Felon Sentenced to More Than 19 Years in Federal Prison for Illegally Possessing a Loaded Handgun on Chicago’s West SideRead the Press Release
CHICAGO — A convicted felon has been sentenced to more than 19 years in federal prison for illegally possessing a loaded handgun during a traffic stop on the West Side of Chicago.
DEMONE RULE, 37, of Chicago, possessed the gun on the evening of Dec. 27, 2015, in the city’s Austin neighborhood. Rule had previously been convicted of several felonies, including attempted murder, and was not legally allowed to possess a firearm.
A jury last year convicted Rule on one count of illegal possession of a firearm by a felon. U.S. District Judge John Robert Blakey on Thursday imposed a 235-month prison sentence after determining Rule’s status as an Armed Career Criminal under federal law. The Armed Career Criminal Act of 1984 provides for enhanced penalties for firearm offenses committed by felons who were previously convicted of certain crimes three or more times.
The sentencing was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Celinez Nunez, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; and Eddie T. Johnson, Superintendent of the Chicago Police Department. The Illinois Department of Corrections provided valuable assistance.
“Defendant kept a loaded gun in his waistband in Chicago, a city plagued by gun violence, endangering our communities,” Assistant U.S. Attorneys Misty N. Wright and Devlin Su argued in the government’s sentencing memorandum. “Defendant and other felons who carry guns must understand that illegally possessing weapons on the streets of Chicago translates to real consequences and real punishment, including meaningful time in prison.”
According to evidence at trial, Chicago Police officers observed Rule commit a traffic violation by using an alley as a thoroughfare. The officers pulled over the green Buick Rule was driving, but when they approached his car, Rule sped off. Several blocks away, Rule stopped his car in the middle of the street with the keys still in the ignition, and fled on foot. Officers caught up with Rule in a nearby vacant lot, put him in handcuffs and recovered the gun from his waistband. The firearm had six live rounds in the magazine, and one in the chamber.
Columbus Man Pleads Guilty to Cyberstalking Local Law Enforcement OfficerRead the Press Release
COLUMBUS, Ohio – William E. Young, 54, of Columbus, pleaded guilty in U.S. District Court today to one count of cyberstalking.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the plea offered before U.S. Magistrate Judge Norah McCann King.
According to court documents, Young was arrested in October 1999 for menacing by stalking a female in Delaware County, Ohio. He has continuously harassed and stalked one of his arresting officers since the time of his arrest and conviction.
The Statement of Facts filed in support of the plea agreement details that Young engaged in a course of conduct with the intent to harass and intimidate the victim and the victim’s spouse.
Young created webpages using the victim’s name in order to make derogatory statements about the victim and his official position.
He mailed letters on numerous occasions to the victim’s wife and family, neighbors, physician, barber, church and church pastor and pastor’s wife, as well as to Ohio Wesleyan College, Delaware City Hall, the Delaware Chamber of Commerce, the Delaware City Mayor, Delaware City Council members, the Delaware Police Department, the Delaware County Sheriff’s Office, the Delaware County Jail, the Arapahoe County Prosecutor’s Office and other local community businesses.
One such letter included the victim’s face superimposed on the bodies of cartoon characters and stated “Even worse, a gay wimp who wants to hide behind a gun and badge because he’s a little pussy. I’m gonna kick your ‘puny’ ass!...When judgement day comes for you make sure they pack an air conditioner in your coffin. You’ll need it.”
A 62-page letter mailed in September 2015 to the victim’s spouse stated: “I’ll force his hand if the powers that be make the mistake of coming after me again. Then I’ll take everyone down who had a hand in what was done to me one by one.”
As part of his effort to harass and intimidate, Young has filed multiple state and federal civil lawsuits against the victim and another arresting officer from Young’s 1999 arrest, and the Delaware Police Department, alleging various claims of corruption and fraud.
Young was indicted by a federal grand jury in August.
Cyberstalking is a federal crime punishable by up to five years in prison and a fine of up to $250,000.
U.S. Attorney Glassman commended the investigation of this case by the FBI, and Assistant United States Attorney Jessica H. Kim, who is prosecuting the case.
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Cleveland man indicted on firearms and drug chargesRead the Press Release
A Cleveland man was indicted on drug and firearms charges, U.S. Attorney Justin E. Herdman said.
A four-count indictment was filed charging Michael L. Young, 34, with use of a firearm in furtherance of drug trafficking, possession with intent to distribute cocaine, being a felon in possession of a firearm and being a felon in possession of ammunition.
Young on Sept. 13, 2017, possessed cocaine, a Kel-Tec .380-caliber pistol and ammunition. Young has numerous prior convictions that prohibit him from having firearms or ammunition, including convictions for felonious assault, drug trafficking, drug possession, and other crimes, according to the indictment.
Assistant U.S. Attorney Kelly L. Galvin is prosecuting the case following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Cleveland Division of Police.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Cincinnati Man Sentenced for Stealing Veteran's Identity to Get Care at VA Medical CenterRead the Press Release
CINCINNATI – Adam Keith Charles, 37, of Cincinnati was sentenced in U.S. District Court to 14 months in prison for stealing the identity of a U.S. Military veteran and using it to obtain more than $20,000 in medical services at the Cincinnati VA Medical Center.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Gavin McClaren, Resident Agent in Charge, Department of Veterans Affairs Office of Inspector General Criminal Investigations Division (VA-OIG), announced the sentence handed down today by U.S. District Judge Susan J. Dlott.
According to court documents, in August 2016, Charles went to the U.S. Department of Veterans Affairs Medical Center in Cincinnati for medical treatment knowing he had never served in the armed forces and therefore is not eligible for its health care benefits.
Charles falsely identified himself as his half-brother, who is a veteran, in order to obtain care. He did this on a number of occasions on an outpatient basis, incurring $1,700 to approximately $4,000 in care each time. In September 2016, he was admitted for nearly $10,800 worth of inpatient care and was given an identification wristband with the photo of another individual, presumably the half-brother, on it.
Charles pleaded guilty in July to one count of making a false statement and has remained in custody since.
He was also sentenced to three years of supervised release and ordered to pay $20,287.11 in restitution.
U.S. Attorney Glassman commended the cooperative investigation by the VA-OIG, as well as Special Assistant United States Attorney Timothy Landry, who is representing the United States in this case.
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Chautauqua County Man Indicted for Various Narcotics OffensesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 7-count Indictment charging Gary Hannold, II, 42, of Bemus Point, NY, with various drug offenses involving Hannold’s possession with intent to distribute methamphetamine, marijuana, cocaine, and buprenorphine. The charges carry a maximum penalty of life in prison.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that in the early morning hours on August 11, 2017, the defendant, who riding his motorcycle in the Village of Sherman, was pulled over by Chautauqua County Sheriff's deputies. As Hannold got off the motorcycle, he removed his helmet, and then took off a camouflage backpack that he was wearing and threw the pack back into the high weeds adjacent to the motorcycle. Inside the backpack, the deputy found a quantity of suspected crystal methamphetamine packaged in several plastic baggies, was well as marijuana, a clear vile containing cocaine, 10 packets of Suboxone, a digital scale, a bag with unused small plastic bags, U.S. currency, two cell phones, a New York State motorcycle license plate, and numerous other items.
The defendant was arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being detained.
The Indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; and the Chautauqua County Sheriff’s Department, under the direction of Joseph Gerace.
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.Benton Man Charged with Defrauding Southern Illinois HealthcareRead the Press Release
Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced that yesterday, a federal grand jury in Benton, IL, returned an indictment charging Cary E. Mosley, 48, of Benton, with defrauding his former employer, Southern Illinois Healthcare ("SIH"). The indictment charges Mosley with six counts of wire fraud and six counts of mail fraud.
During the time-period covered by the indictment, Mosley was employed as the Manager of SIH’s Radiation Oncology Department. During that same time-frame, Mosley had a second job with Q.E.D. Medical Physics, Inc. ("QED"). QED, which is based in Lebanon, TN, is a contractor that provides support services for radiation oncology departments operated by smaller hospitals.
According to the indictment, Mosley was paid by QED for work he allegedly performed at SIH. Specifically, the indictment charges that Mosley made entries in QED’s electronic timekeeping system which falsely claimed that he had performed work at SIH which he had not actually performed. The indictment also alleges that Mosley claimed that he was entitled to be compensated by QED for work he performed as part of his normal employment duties with SIH. Based upon Mosley’s fraudulent timekeeping entries, QED submitted invoices to SIH which were falsely inflated.
The indictment further alleges that Mosley concealed his fraud scheme by altering the documents that were sent to SIH’s Accounts Payable Department in support of the QED invoices. Each month, QED sent to SIH an "Hours and Details" sheet, which identified the QED employees who had worked at SIH, the work they had performed, the number of hours they had worked, and the dates they had worked. The indictment alleges that during the initial portion of his scheme, Mosley altered the "Hours and Details" sheets by removing his name and inserting the names of other QED employees. The indictment further charges that during the latter portion of his scheme, Mosley simply discarded the "Hours and Details" sheets before the QED invoices were sent to SIH’s Accounts Payable Department.
The indictment alleges that Mosley conducted his fraud scheme from December 2006 through July 2013, and that he was paid over $500,000 by QED for work he allegedly performed at SIH. Each of the mail and wire fraud counts carries a maximum sentence of up to 20 years in prison, up to three years of supervised release, and a fine of up to $250,000. In addition, Mosley could be ordered to pay full restitution to SIH.
Mosley is scheduled to be arraigned on the indictment on January 16, 2018, at 2:00 p.m., at the Federal Courthouse in Benton, IL.
The case is being investigated by agents from the Springfield Division, Fairview Heights Resident Agency, of the Federal Bureau of Investigation ("FBI"). Both SIH and QED have cooperated with the investigation. The case is being prosecuted by Assistant United States Attorney Scott A. Verseman.
An indictment is a formal charge against a defendant. Under the law, that charge is merely an accusation and the defendant is presumed innocent unless proven guilty.
Bay Area Insurance Agents Sentenced to Prison for Respective Roles in Conspiracy, Wire Fraud, and Aggravated Identity Theft SchemeRead the Press Release
SAN FRANCISCO – Behnam Halali was sentenced to five years’ imprisonment, Ernesto Magat to four years’ imprisonment, and Karen Gagarin to three years’ imprisonment for their respective roles in a scheme to commit wire fraud and identity theft involving fraudulent life insurance policies, announced U.S. Attorney Brian J. Stretch, Federal Bureau of Investigation Special Agent in Charge John F. Bennett, and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf. The defendants also were ordered to pay $2,837,791.93 in restitution to their former employer, American Income Life Insurance Company (AIL). The sentences were handed down by the Honorable Susan Illston, United States District Judge in San Francisco, after the defendants were found guilty by a jury on March 13, 2017, following a four-week trial.
According to the evidence produced at trial, Halali, 32, of San Jose; Magat, 35, of Hayward; and Gagarin, 32, of San Jose, were former agents of AIL. While working at AIL, the defendants participated in a conspiracy involving the submission of hundreds of applications for life insurance policies on behalf of people at least some of whom did not know that a policy was applied for or issued in their name and/or did not want a life insurance policy. The defendants then shared the commissions and bonuses issued by AIL in connection with the fraudulent policies. The defendants paid recruiters to find people willing to take medical exams in exchange for approximately $100, and then took the personal information associated with those people and submitted applications for life insurance in their names, in many cases without the individuals’ knowledge. The defendants and their co-conspirators also paid people to participate in a fictitious survey of a medical exam company, and took the personal information associated with those people and submitted applications for life insurance, in many cases without the individuals’ knowledge.
The evidence also demonstrated that the defendants and their co-conspirators created phony driver’s licenses so that their co-conspirators could take medical exams purporting to be the applicants. The defendants opened hundreds of bank accounts to fund the premiums on the fraudulent policies, and typically paid one to four months of premiums before letting the policies lapse. The defendants and their co-conspirators returned verification calls to AIL purporting to be the applicants on the fraudulent applications from telephones set up exclusively for the fraudulent scheme. All three defendants were charged with conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; wire fraud, in violation of 18 U.S.C. § 1343; and aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1). The jury found defendants guilty of all these counts.
In addition to the prison terms and restitution, Judge Ilston also ordered each defendant to serve 140 hours community service and three years of supervised release. Judge Illston ordered all three defendants to self-surrender on or before March 30, 2018, to begin serving their prison terms.
Assistant United States Attorneys Robert Leach and Matthew McCarthy are prosecuting the case with the assistance of Denise Oki and Bridget Kilkenny. This prosecution is the result of an investigation by the FBI; the IRS, Criminal Investigation; and the Commissioner of the California Department of Insurance.
Attorney General Sessions Applauds China for Restricting Two Fentanyl PrecursorsRead the Press Release
Today Attorney General Jeff Sessions applauded the Chinese government for announcing that it would restrict two chemical precursors to fentanyl.
“Synthetic opioids are killing thousands of people in communities across this nation, and we know that many of these substances originated in China,” Attorney General Sessions said. “President Trump and I have repeatedly brought up this issue with the Chinese government, and we are working to restrict the flow of these drugs to our country. I am pleased to see China taking steps that will protect not just their own people from this poison, but the American people, too. I hope that China will continue to take steps like this and eventually schedule all fentanyl analogues, just as the DEA is doing.”
In 2017, China scheduled a number of fentanyl-class substances, including carfentanil, furanyl fentanyl, valeryl fentanyl, acryl fentanyl, U-47700, MT-45, PMMA, and 4,4’ DMAR. Last week, China’s Ministry of Public Security announced that, effective Feb. 1, NPP and 4ANPP, substances that can be used to make illicit fentanyl, would also be scheduled.
U.S. Department of Justice and Chinese officials maintain frequent contact to collaborate and share data on the threat from fentanyl-class substances. Information-sharing includes scientific data, trafficking trends, and sample exchanges. This dialogue has resulted in more effective methods for identifying deadly substances for government control.
Attorney General Sessions and Deputy Attorney General Rosenstein both requested China’s scheduling action in meetings with then-State Councilor Guo Shengkun of the Chinese Ministry of Public Security. Deputy Attorney General Rosenstein met with then-State Councilor Guo in Beijing, China on Sept. 25, 2017 and the Attorney General met with him in Washington, D.C. on Oct. 3 and 4, 2017.
In October, Deputy Attorney General Rosenstein announced the first-ever indictment of Chinese nationals for attempting to distribute massive quantities of synthetic opioids in two different regions of the United States.
It is estimated that, in 2016, more than 20,000 Americans were killed by overdoses of fentanyl or fentanyl analogues, making these the deadliest drugs in America. According to the U.S.-China Commission, a majority of the fentanyl products in the United States originated in China.Attorney General Jeff Sessions Selects Western District of Michigan to Receive A New Assistant United States Attorney Position to Combat Violent CrimeRead the Press Release
DATELINE - Attorney General Jeff Sessions has selected the Western District of Michigan to receive additional resources for the fight against violent crime. The district will receive an additional Assistant U.S. Attorney to focus exclusively on violent crime, one of 40 new federal prosecutors in 27 selected locations throughout the United States.
“Led by our 94 United States Attorney’s Offices, Project Safe Neighborhoods (PSN) task forces are hitting the streets across America to apprehend and bring violent criminals to justice. I have asked Congress for additional PSN funding next year because I believe nothing will be more effective at reducing violent crime,” said Attorney General Sessions. "Under this program, I am asking a great deal of our United States Attorneys. I am both empowering them and holding them accountable for results. To put them in the best position to impact and reduce violent crime, it is my privilege to announce today that through a re-allocation of resources, we will be enlisting and deploying 40 additional violent crime prosecutors across the United States."
“The additional resource will be a significant force multiplier in our efforts targeting violent crime,” said U.S. Attorney Andrew Birge. “West Michigan benefits from law enforcement leadership throughout the district attuned to the public safety needs of the communities they serve. My office looks forward to adding this important resource to our collective efforts. We expect this position to be filled in the next few months.”
The U.S. Attorney’s Office in West Michigan partners with federal, state and local law enforcement and supports violent crime task forces located in Grand Rapids, Muskegon, Battle Creek, Benton Harbor, Kalamazoo and Lansing. These task forces address firearm, gang and drug crime in particular neighborhoods or perpetrated by individuals or groups that fuel violent crime rates.More information on the locations of those 40 Assistant United States Attorneys and violent crime task forces is below:
AUSA Breakdown by District
Northern District of Alabama - 1
Eastern District of Arkansas - 1
Northern District of California - 2
Southern District of California - 1
District of Connecticut - 1
District of Columbia - 1
Central District of Illinois - 1
Northern District of Illinois - 3
Southern District of Indiana - 1
Eastern District of Louisiana - 1
District of Maryland - 3
Western District of Michigan - 1
Eastern District of Missouri - 2
Western District of Missouri - 1
District of Nevada - 2
District of New Mexico - 1
Eastern District of New York - 2
Western District of New York - 1
Northern District of Ohio - 2
Eastern District of Pennsylvania - 1
Middle District of Tennessee - 2
Western District of Tennessee - 2
Eastern District of Texas - 1
Northern District of Texas - 1
Southern District of Texas - 2
Western District of Texas - 1
Eastern District of Wisconsin - 2END
Attorney General Jeff Sessions Selects Southern District of California to Receive New United States Attorney Position to Combat Violent CrimeRead the Press Release
SAN DIEGO - Attorney General Jeff Sessions has selected the Southern District of California to receive additional resources for the fight against violent crime. The district will receive an additional Assistant U.S. Attorney to focus exclusively on violent crime, one of 40 new federal prosecutors in 27 selected locations throughout the United States.
“Led by our 94 United States Attorney’s Offices, Project Safe Neighborhoods (PSN) task forces are hitting the streets across America to apprehend and bring violent criminals to justice. I have asked Congress for additional PSN funding next year because I believe nothing will be more effective at reducing violent crime,” said Attorney General Sessions. “Under this program, I am asking a great deal of our United States Attorneys. I am both empowering them and holding them accountable for results. To put them in the best position to impact and reduce violent crime, it is my privilege to announce that through a re-allocation of resources, we will be enlisting and deploying 40 additional violent crime prosecutors across the United States.”
“In this district, we are inundated with border-related crimes. Adding a prosecutor to our roster who will focus solely on violent crime will allow us to pursue more of the cases that harm our residents and damage our neighborhoods the most, and that will translate to safer communities,” said U.S. Attorney Adam Braverman. “We are grateful for the additional resources.”
More information on the locations of those 40 Assistant United States Attorneys and violent crime task forces is below:
AUSA Breakdown by District
Northern District of Alabama - 1
Eastern District of Arkansas - 1
Northern District of California - 2
Southern District of California - 1
District of Connecticut - 1
District of Columbia - 1
Central District of Illinois - 1
Northern District of Illinois - 3
Southern District of Indiana - 1
Eastern District of Louisiana - 1
District of Maryland - 3
Western District of Michigan - 1
Eastern District of Missouri - 2
Western District of Missouri - 1
District of Nevada - 2
District of New Mexico - 1
Eastern District of New York - 2
Western District of New York - 1
Northern District of Ohio - 2
Eastern District of Pennsylvania - 1
Middle District of Tennessee - 2
Western District of Tennessee - 2
Eastern District of Texas - 1
Northern District of Texas - 1
Southern District of Texas - 2
Western District of Texas - 1
Eastern District of Wisconsin - 2# # #
Attorney General Jeff Sessions Selects Northern District of Texas to Receive New Assistant United States Attorney Position to Combat Violent CrimeRead the Press Release
DALLAS - Attorney General Jeff Sessions has selected the Northern District of Texas to receive additional resources for the fight against violent crime. The district will receive an additional Assistant U.S. Attorney to focus exclusively on violent crime, one of 40 new federal prosecutors in 27 selected locations throughout the United States.
“Led by our 94 United States Attorney’s Offices, Project Safe Neighborhoods (PSN) task forces are hitting the streets across America to apprehend and bring violent criminals to justice. I have asked Congress for additional PSN funding next year because I believe nothing will be more effective at reducing violent crime,” said Attorney General Sessions. “Under this program, I am asking a great deal of our United States Attorneys. I am both empowering them and holding them accountable for results. To put them in the best position to impact and reduce violent crime, it is my privilege to announce today that through a re-allocation of resources, we will be enlisting and deploying 40 additional violent crime prosecutors across the United States.”
“One of my highest priorities will be to work side by side with our local, state and federal law enforcement partners to stop the destructive cycle of gun and gang violence that terrorizes our communities right here in north Texas,” said U.S. Attorney Nealy Cox. “PSN programs have had an undeniable impact in the past as they provide the foundation on which these critical partnerships are built. Resources like this additional prosecutor will significantly enhance our on-going efforts to get the most dangerous people off our streets.”The Assistant U.S. Attorney for the Northern District of Texas will be assigned to the violent crime section of the Dallas division and prosecute cases under the PSN initiative.
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Attorney General Jeff Sessions Selects Eastern District of New York to Receive Two New Assistant United States Attorney Positions to Combat Violent CrimeRead the Press Release
Attorney General Jeff Sessions has selected the Eastern District of New York to receive additional resources for the fight against violent crime. The district will receive two additional Assistant U.S. Attorney positions to focus exclusively on violent crime, two of 40 new federal prosecutors in 27 selected locations throughout the United States.
“Led by our 94 United States Attorney’s Offices, Project Safe Neighborhoods (PSN) task forces are hitting the streets across America to apprehend and bring violent criminals to justice,” stated United States Attorney General Sessions. “I have asked Congress for additional PSN funding because I believe nothing will be more effective at reducing violent crime. “Under this program, I am asking a great deal of our United States Attorneys. I am both empowering them and holding them accountable for results. To put them in the best position to impact and reduce violent crime, it is my privilege to announce that through a re-allocation of resources, we will be enlisting and deploying 40 additional violent crime prosecutors across the United States.”
“The provision of additional Assistant U.S. Attorney positions reflects the commitment of the Department of Justice to reduce violent crime by identifying and prosecuting gang members whose destructive conduct endangers residents of our District,” stated United States Attorney Donoghue. “Using every law enforcement resource available, this Office and the FBI’s Long Island Gang Task Force will continue to work tirelessly to make our communities safer by bringing to justice those violent criminals who show no regard for human life.”
The two additional federal prosecutors will enhance the Office’s ability to prosecute violent crimes committed by members and associates of La Mara Salvatrucha, also known as the MS-13, a transnational criminal organization, with the objective of continuing and increasing the Office’s efforts to dismantle and incapacitate the MS-13 within the Eastern District of New York and beyond. The prosecutors will also focus on other violent gangs such as the Crips, Bloods, Latin Kings, 18th Street gang, Salvadorans with Pride, and Outlaw motorcycle gangs, all of which have a significant presence in the District.
More information on the locations of those 40 Assistant United States Attorneys and violent crime task forces is below:
AUSA Breakdown by District
Northern District of Alabama: 1
Eastern District of Arkansas: 1
Northern District of California: 2
Southern District of California: 1
District of Connecticut: 1
District of Columbia: 1
Central District of Illinois: 1
Northern District of Illinois: 3
Southern District of Indiana: 1
Eastern District of Louisiana: 1
District of Maryland: 3
Western District of Michigan: 1
Eastern District of Missouri: 2
Western District of Missouri: 1
District of Nevada: 2
District of New Mexico: 1
Eastern District of New York: 2
Western District of New York: 1
Northern District of Ohio: 2
Eastern District of Pennsylvania: 1
Middle District of Tennessee: 2
Western District of Tennessee: 2
Eastern District of Texas: 1
Northern District of Texas: 1
Southern District of Texas: 2
Western District of Texas: 1
Eastern District of Wisconsin: 2Attorney General Jeff Sessions Selects Eastern District of MissouriRead the Press Release
St. Louis - Attorney General Jeff Sessions has selected the Eastern District of Missouri to receive additional resources for the fight against violent crime. The district will receive two additional Assistant U.S. Attorneys to focus exclusively on violent crime, one of 40 new federal prosecutors in 27 selected locations throughout the United States.
“Led by our 94 United States Attorney’s Offices, Project Safe Neighborhoods (PSN) task forces are hitting the streets across America to apprehend and bring violent criminals to justice. I have asked Congress for additional PSN funding next year because I believe nothing will be more effective at reducing violent crime,” said Attorney General Sessions. "Under this program, I am asking a great deal of our United States Attorneys. I am both empowering them and holding them accountable for results. To put them in the best position to impact and reduce violent crime, it is my privilege to announce today that through a re-allocation of resources, we will be enlisting and deploying 40 additional violent crime prosecutors across the United States."
“We welcome the additional resources from the Attorney General. These new prosecutors will be hired and deployed promptly to fight violent crime in our District,” said U.S. Attorney Jeff Jensen.
More information on the locations of those 40 Assistant United States Attorneys and violent crime task forces is below:
AUSA Breakdown by District
Northern District of Alabama - 1
Eastern District of Arkansas - 1
Northern District of California - 2
Southern District of California - 1
District of Connecticut - 1
District of Columbia - 1
Central District of Illinois - 1
Northern District of Illinois - 3
Southern District of Indiana - 1
Eastern District of Louisiana - 1
District of Maryland - 3
Western District of Michigan - 1
Eastern District of Missouri - 2
Western District of Missouri - 1
District of Nevada - 2
District of New Mexico - 1
Eastern District of New York - 2
Western District of New York - 1
Northern District of Ohio - 2
Eastern District of Pennsylvania - 1
Middle District of Tennessee - 2
Western District of Tennessee - 2
Eastern District of Texas - 1
Northern District of Texas - 1
Southern District of Texas - 2
Western District of Texas - 1
Eastern District of Wisconsin - 2Allen Man Acquitted of AssaultRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Allen, South Dakota, man was acquitted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury as a result of a federal jury trial in Rapid City, South Dakota. The verdict was returned on January 3, 2018.
Dennis Lucci, age 58, was initially indicted by a federal grand jury on July 18, 2017.
The investigation was conducted by the Bureau of Indian Affairs and the U.S. Attorney’s Office prosecuted the case.
4 January 2018
Wooster man indicted for sexually exploiting childrenRead the Press Release
A Wooster man was charged with sexually exploiting children, said U.S. Attorney Justin E. Herdman and FBI Special Agent in Charge Stephen D. Anthony.
Eric W. Beard, 26, induced a minor to engage in sexually explicit conduct in December 2017 for the purpose of producing a visual depiction of such conduct, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik following an investigation by Task Force Officer Bryan Allen, the FBI Task Force and the Wooster Police Department.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Violent Career Felon Sentenced to Lengthy Prison Term for Possessing FirearmsRead the Press Release
Acting United States Attorney Corey R. Amundson announced today that United States District Court Judge Shelly D. Dick has sentenced JOSHUA FINLEY, 34, of Baton Rouge, Louisiana, to serve 110 months in federal prison following his conviction for possession of firearms by a convicted felon. FINLEY was also ordered to serve three years of supervised release following imprisonment, forfeit the firearms involved in his crime, and pay a $100 special assessment.
In September of 2016, the Special Weapons and Tactics Team of the East Baton Rouge Parish Sheriff’s Office executed a search warrant at a residence in Baton Rouge. During the execution of the warrant, officers saw FINLEY throw a Glock, .40 caliber pistol from a window. Near the Glock, officers found a Kimber, .45 caliber pistol. FINLEY, whose criminal history spans more than 17 years and includes multiple convictions for robbery, battery, and cocaine possession, admitted that both guns were his and that he bought them off the street. A federal grand jury returned an indictment charging FINLEY with possession of firearms by a convicted felon. FINLEY pled guilty to the charge in October of 2017.
Acting U.S. Attorney Amundson stated, “The prosecution of violent career offenders with guns is a top priority of this office. Such offenders often contribute directly to our community’s gun violence epidemic and jeopardize the safety and security of our streets and neighborhoods. We will continue to work with our federal, state, and local partners to protect those in our communities by pursuing and locking up these criminals.”
This matter was handled by the United States Attorney’s Office for the Middle District of Louisiana, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the East Baton Rouge Parish Sheriff’s Office. This case was prosecuted by Assistant United States Attorney Ryan Rezaei.
United States Attorney’s Office pledges additional resources to the fight against violent crimeRead the Press Release
Project Safe Neighborhoods initiative focuses federal resources on the most violent areas of Marion County with an emphasis on gun crime
PRESS RELEASE
Indianapolis -United States Attorney Josh J. Minkler and Attorney General Jeff Sessions today announced a renewed federal commitment to helping reduce violent crime in this country’s most violence-ridden neighborhoods. The Southern District of Indiana will receive one additional Assistant United States Attorney (AUSA) to focus exclusively on violent crime, one of 40 new federal prosecutors in 27 selected locations around the country.
The Project Safe Neighborhoods (PSN) initiative will focus the new AUSA’s attention, on prosecuting violent offenders as well as assigning an AUSA to each of IMPD’s six districts to monitor and prosecute the worst violent offenders in our neighborhoods. Further, PSN will focus on coordinating federal, state and local resources under the leadership of Minkler, featuring prevention, targeted law enforcement and accountability.
“It is no secret that Indianapolis is struggling with violent crime. Our homicide rate is unacceptable and together, we can do something about it,” said Minkler. “Criminals who choose to use guns and other means of violence to disrupt our city should think again because gun crime comes with big federal prison time.”
“I have asked Congress for additional PSN funding next year because I believe nothing will be more effective at reducing violent crime,” said Sessions. “Under this program, I am both empowering and holding United States Attorneys around the country accountable for results.”
"Our Indianapolis gun violence will only be impacted with the collective help of our community and law enforcement partners,” said IMPD Chief Bryan Roach. “We continue to be blessed with a cooperative mindset and willingness to improve the city of Indianapolis from our United States Attorney's Office. We look forward to the continued partnership and a new AUSA focus on our geographic districts and most violent offenders."
In addition to the Southern District of Indiana, other states receiving new attorneys include: Alabama, Arkansas, California, Connecticut, Washington DC, Illinois, Louisiana, Maryland, Michigan, Missouri, Nevada, New Mexico, New York, Ohio, Pennsylvania, Tennessee, Texas and Wisconsin.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilize and partner with the District’s law enforcement agencies to detect and prosecute matters involving violent crime in our neighborhoods. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.9.
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Uniontown Man Sentenced to Prison for Heroin Distribution SchemeRead the Press Release
PITTSBURGH - A Fayette County resident has been sentenced in federal court to 18 months’ incarceration, followed by 3 years of supervised release, on his conviction of violating the federal narcotic laws, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Terrance Lewis, age 44, of Uniontown, Pennsylvania.
According to information presented to the court, from in and around January 2010, and continuing thereafter to in and around June 2015, Lewis conspired to distribute and possess with intent to distribute heroin.
Assistant United States Attorneys Heidi M. Grogan and Troy Rivetti prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation who led the multi-agency investigation of this case, which also included the Drug Enforcement Administration, the Fayette County Drug Task Force, the Pennsylvania Attorney General’s Office, the Pennsylvania State Police, and the United States Postal Inspection Service for the investigation leading to the successful prosecution of Lewis.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Attorney’s Office Closes Investigation into the Death of Kenneth ChamberlainRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that there is insufficient evidence to pursue federal criminal charges in connection with the fatal shooting of Kenneth Chamberlain. Mr. Chamberlain was killed during an encounter with police officers from the White Plains Police Department (“WPPD”) on November 19, 2011. Mr. Chamberlain was 68 years old at the time.
Our Office opened an investigation following the decision by a New York State grand jury not to indict any of the officers involved. On November 17, 2016, a federal jury in a civil case filed by Mr. Chamberlain’s family concluded that the City of White Plains and the officer who shot Mr. Chamberlain were not liable for the death of Mr. Chamberlain. After conducting a thorough and independent investigation, the U.S. Attorney’s Office has determined that there is insufficient evidence to meet the high burden of proof required for a federal criminal civil rights prosecution. To prove a violation of the federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right, meaning that the officer acted with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by law, and is different from and higher than the intent standard under relevant state statutes. Accident, mistake, fear, negligence, or bad judgment is not sufficient to establish a federal criminal civil rights violation.
The evidence from the investigation reveals the following: At approximately 5:00 a.m. on November 19, 2011, a medical alert company, Life Aid, received an alert from the console in Mr. Chamberlain’s apartment in the Winbrook Houses complex on South Lexington Avenue in White Plains. In response to the alert, a Life Aid operator called the console and asked if Mr. Chamberlain needed medical assistance. Receiving no response, the operator then called the WPPD and informed the dispatcher that she had received a medical alert from Mr. Chamberlain’s apartment and that Mr. Chamberlain had not responded to her call. An ambulance and a police officer were dispatched to the scene. The WPPD dispatcher also ran a computer check on Mr. Chamberlain and his address, and learned that there had previously been calls from that address that had been described as involving a person who was potentially emotionally disturbed. Based on that information, the dispatcher sent two additional police officers, including Sergeant Keith Martin, to the building as back-up and informed them of the possibility of encountering an emotionally disturbed person. Upon arriving at Mr. Chamberlain’s apartment, the officers banged on the door and asked to be admitted to confirm he did not need assistance, but Mr. Chamberlain refused to allow the officers to enter the apartment. The officers called for additional back-up, and four additional officers were dispatched to the apartment with tactical gear, including Police Officers Anthony Carelli and Steven Hart, and Sergeant Stephen Fottrell. Officers Carelli and Hart were part of the Neighborhood Conditions Unit, a tactical unit of the WPPD assigned to patrol the Winbrook Houses, and were able to obtain a master key to the apartment. The officers used the key to open the door to the apartment, but were only able to open the door a few inches because Mr. Chamberlain had engaged a safety lock on the door.
At approximately 5:25 a.m., Life Aid received a second call from Mr. Chamberlain, who stated, “I have the White Plains Police Department banging on my door and I did not call them, and I am not sick.” Life Aid attempted to cancel the dispatch, but the WPPD dispatcher informed Life Aid that the police officers needed to enter the apartment to make sure Mr. Chamberlain was not in distress. The Life Aid operator stayed on the line for approximately 40 minutes while also attempting to contact Mr. Chamberlain’s sister. Because Life Aid records its calls, there are audio recordings of Mr. Chamberlain’s conversations with the police officers from 5:25 a.m. until approximately 6:08 a.m., when the Life Aid call ended in order to allow Mr. Chamberlain’s sister to call the home phone. During that time period, the recordings captured the near constant communications between the police officers trying to enter the apartment and Mr. Chamberlain, who refused to open the door. For example, the recordings show that the officers at the door repeatedly told Mr. Chamberlain that they could not leave until they could see him and make sure he was “okay,” and Mr. Chamberlain responded that he was “okay” and “fine,” but also cursed at the officers, and at one point said he would “kill” whoever came through the door.
Between 5:30 a.m. and 6:00 a.m., the police officers worked with various tools to pry open the apartment door. While they were trying to open the door, Mr. Chamberlain poked a kitchen knife through the door opening. Officer Carelli grabbed the knife with bolt cutters and tossed it out of reach. While the officers were trying to open the door, Life Aid was able to reach Mr. Chamberlain’s sister, who spoke to Officer Carelli on a cell phone. As captured on the Life Aid recording, Mr. Chamberlain’s sister informed Officer Carelli that Mr. Chamberlain had a “mental problem,” and Officer Carelli responded that the officers wanted to enter the apartment to make sure Mr. Chamberlain was “okay.” The recording also indicates that as the officers continued to try to open the door, Mr. Chamberlain became increasingly agitated; he at times threatened the officers; and he told the Life Aid operator that he had a weapon. Throughout this time period, the officers continued to explain that they were not there to hurt him, but just wanted to see him to make sure he was fine before they could leave. While one of the officers was alleged to have used a racial slur in communicating with Mr. Chamberlain, that officer was not involved in the shooting, and none of the other officers present heard the use of such a slur.
At some point between 6:13 a.m. and 6:29 a.m., one of the officers kicked the apartment door open. At the time this occurred, Sergeant Fottrell had turned on his Taser, which automatically activated the video recording device on the Taser. As seen on the video recorded by Sergeant Fottrell’s Taser, Mr. Chamberlain was standing about six to seven feet from the doorway when the door was opened and there appeared to be an object in his right hand. According to all four officers who entered the apartment, the object in Mr. Chamberlain’s right hand was a knife. The Taser also recorded Sergeant Fottrell instructing Mr. Chamberlain to “put the knife down” and Mr. Chamberlain responding “shoot me, come on motherfucker, shoot me.” Sergeant Fottrell deployed his Taser twice from the hallway. After the second Taser was deployed, the Taser automatically ceased recording. The Tasers failed to incapacitate Mr. Chamberlain, as only one of the two barbs fired from the weapon connected with Mr. Chamberlain’s body. After the Tasers were deployed, one of the officers fired non-lethal beanbag ammunition rounds, striking Mr. Chamberlain in his chest and thigh. The non-lethal rounds did not incapacitate Mr. Chamberlain and he started to advance toward Sergeant Martin with the knife. At that point, Officer Carelli shot his pistol twice from inside the doorway. One of the bullets shot by Officer Carelli hit Mr. Chamberlain and fatally wounded him. Once Mr. Chamberlain fell to the ground, Officer Steven Demchuk used his baton to strike Mr. Chamberlain’s wrist to make him drop the knife. The autopsy report indicates that Mr. Chamberlain’s death was caused by the bullet shot by Officer Carelli.
In the context of this case, to establish a violation of federal law, the Department of Justice would be required to establish beyond a reasonable doubt that, at the time of the shooting, Officer Carelli lacked probable cause to believe that Mr. Chamberlain posed a significant threat of death or serious physical injury to the officer or to others, and that Officer Carelli willfully deprived Mr. Chamberlain of his right to be free from excessive force. The weight of the evidence indicates that, at the time the shooting took place, the WPPD officers believed that Mr. Chamberlain was threatening Sergeant Martin with a knife and that Officer Carelli believed that Sergeant Martin was in danger of being seriously injured by Mr. Chamberlain.
The investigation revealed no evidence to refute Officer Carelli’s testimony that he shot Mr. Chamberlain in response to his belief that Sergeant Martin was in danger of being seriously physically injured by Mr. Chamberlain. The statements of the other officers present corroborate Officer Carelli’s account – namely, that Mr. Chamberlain had a knife and that he advanced toward Sergeant Martin with that knife before Officer Carelli shot his pistol. There is no physical or other evidence that contradicts these accounts, nor is there any video of the shooting itself, as the Taser video stopped recording after the Tasers were deployed. Accordingly, the Department of Justice cannot conclude or prove beyond a reasonable doubt that there was a federal criminal civil rights violation.
Accordingly, this Office’s investigation into Mr. Chamberlain’s death has been closed.
This Office analyzed these issues under the standard applicable to criminal cases, which is proof beyond a reasonable doubt. The Office expresses no view regarding any claims made against any party under the standard applicable to civil cases, which is proof by a preponderance of the evidence.
Mr. Kim expressed his deep sympathy to the family of Mr. Chamberlain for their tragic loss.
U.S. Attorney Statement on Marijuana Enforcement in the District of OregonRead the Press Release
PORTLAND, Ore., - Billy J. Williams, United States Attorney for the District of Oregon, provided the below statement on marijuana enforcement in the District of Oregon.
"As noted by Attorney General Sessions, today’s memo on marijuana enforcement directs all U.S. Attorneys to use the reasoned exercise of discretion when pursuing prosecutions related to marijuana crimes. We will continue working with our federal, state, local and tribal law enforcement partners to pursue shared public safety objectives, with an emphasis on stemming the overproduction of marijuana and the diversion of marijuana out of state, dismantling criminal organizations and thwarting violent crime in our communities."
U.S. Attorney Bob Troyer Issues Statement Regarding Marijuana Prosecutions in ColoradoRead the Press Release
DENVER – U.S. Attorney Bob Troyer of the District of Colorado has issued the following statement regarding marijuana prosecutions:
“Today the Attorney General rescinded the Cole Memo on marijuana prosecutions, and directed that federal marijuana prosecution decisions be governed by the same principles that have long governed all of our prosecution decisions. The United States Attorney’s Office in Colorado has already been guided by these principles in marijuana prosecutions -- focusing in particular on identifying and prosecuting those who create the greatest safety threats to our communities around the state. We will, consistent with the Attorney General’s latest guidance, continue to take this approach in all of our work with our law enforcement partners throughout Colorado.”
U.S. Attorney Bob Troyer, District of Colorado
U.S. Attorney Annette L. Hayes Statement on Federal Marijuana Prosecutions in the Western District of WashingtonRead the Press Release
SEATTLE – The following is a statement from United States Attorney for the Western District of Washington Annette L. Hayes:
Today the Attorney General reiterated his confidence in the basic principles that guide the discretion of all U.S. Attorneys around the country, and directed that those principles shepherd enforcement of federal law regarding marijuana. He also emphasized his belief that U.S. Attorneys are in the best position to address public safety in their districts, and address the crime control problems that are pressing in their communities. Those principles have always been at the core of what the United States Attorney’s Office for Western Washington has done – across all threats to public safety, including those relating to marijuana. As a result, we have investigated and prosecuted over many years cases involving organized crime, violent and gun threats, and financial crimes related to marijuana. We will continue to do so to ensure – consistent with the most recent guidance from the Department – that our enforcement efforts with our federal, state, local and tribal partners focus on those who pose the greatest safety risk to the people and communities we serve.
Two West Virginia residents admit to their roles in an oxycodone distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Monongalia County woman and an Upshur County man have admitted to their roles in distributing oxycodone, United States Attorney Bill Powell announced.
Marjorie Sue Webster, of Maidsville, age 24, pled guilty to “Unlawful Use of Communication Facility.” Webster admitted to using a phone to assist others in distributing oxycodone in March 2017 in Monongalia County.
Christopher Moriarty, of Buckhannon, age 25, pled guilty to “Distribution of Oxycodone.” Moriarty admitted to selling oxycodone in June 2015 in Upshur County.
Webster faces up to four years incarceration and a fine of up to $250,0000. Moriarty 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 Zelda E. Wesley is prosecuting the cases on behalf of the government. The Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Michael John Aloi presided.Two Boone County defendants plead guilty to federal gun crimesRead the Press Release
CHARLESTON, W.Va. – Two Boone County residents pleaded guilty today to federal gun charges, announced United States Attorney Carol Casto. Justin Keith Branham, 34, of Alum Creek, entered his guilty plea to being a felon in possession of a firearm. Alisha Marie Esque, 27, of Julian, entered her guilty plea to aiding and abetting the theft of firearms from a federal firearms licensee.
Branham and Esque are two of four defendants indicted in August 2017 and charged with stealing guns from a Boone County firearms dealer. Branham admitted that in November 2016, he possessed a rifle that he had stolen from the firearms dealer. Branham is prohibited from possessing any firearms under federal law because of a 2013 felony conviction in Kanawha County Circuit Court for burglary by breaking and entering. Esque admitted that in November 2016, she served as a lookout for Branham while he broke into the store to steal guns.
Branham and Esque each face up to 10 years in federal prison when they are sentenced on March 21, 2018.
The Boone County Sheriff’s Office, the West Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney James Matthew Davis is handling the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
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Thirteen Individuals with Motorcycle Gang Connections Sentenced in Drug Trafficking ConspiracyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that thirteen individuals were sentenced in connection with a cocaine and methamphetamine drug trafficking conspiracy in multiple counties within the Middle District of Pennsylvania.
According to United States Attorney David J. Freed, the individuals, some of whom were members of the Outlaw Motorcycle Gang the Pagan’s Motorcycle Club and affiliated gangs, sold methamphetamine and cocaine hydrochloride, Schedule II controlled substances, between December 2014 and April 2016 in Berks, Cumberland, Dauphin, York, Northumberland, Perry and Snyder Counties.
Name
Age
City
Sentence Date
Sentence
Arthur Houze
49
Harrisburg
September 27, 2017
151 months’ imprisonment
Michael Herman
49
Harrisburg
January 3, 2018
120 months’ imprisonment
Scott Ohler
50
Harrisburg
September 28, 2017
110 months’ imprisonment
Michael Finsterbush
50
Lemoyne
January 11, 2017
100 months’ imprisonment
Joseph Newton
47
Selinsgrove
January 30, 2017
96 months’ imprisonment
Phillip Bennett
43
Elizabethtown
May 11, 2017
70 months’ imprisonment
Timothy Watson
42
Lemoyne
August 17, 2017
70 months’ imprisonment
Eric West
29
Shermans Dale
August 3, 2017
70 months’ imprisonment
Justin Spiegle
41
Liverpool
May 11, 2017
60 months’ imprisonment
John Nace
41
York
December 7, 2016
48 months’ imprisonment
Douglas Lesniak
46
Steelton
May 19, 2017
30 months’ imprisonment
Michael Sanders
43
Selinsgrove
April 12, 2017
25 months’ imprisonment
Marcie Herman
47
Harrisburg
April 20, 2017
6 months’ imprisonment and 6 months in-home detention
This case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant U.S. Attorney Chelsea Schinnour prosecuted the case.
This case was brought pursuant to the FBI’s Capital City Safe Streets Gang Task Force initiative. The initiative is designed to reduce gang-related violent crimes through a comprehensive, FBI led law enforcement approach utilizing state of the art investigative efforts to detect, exploit, disrupt, dismantle, and interdict domestic and international gangs.
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Texas Man Pleads Guilty to Federal Cocaine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Carlos Ivan Todd, 30, of Canutillo, Texas, pled guilty today in federal court in Las Cruces, N.M., to cocaine trafficking charges arising from the seizure of 4.06 kilograms (8.95 pounds) of cocaine at the U.S. Border Patrol Checkpoint near Las Cruces.
The DEA arrested Todd and co-defendant Candy May Gonzales, 33, also of Canutillo, Texas, in Oct. 2017, on a criminal complaint charging them with possession of 4.0 kilograms of cocaine with intent to distribute in Dona Ana County, N.M. According to the complaint, Todd and Gonzales were arrested after Border Patrol Agents at the U.S. Border Patrol Checkpoint on I-25 near Las Cruces, seized three bundles of cocaine concealed in Todd’s vehicle.
During today’s proceedings, Todd pled guilty to a felony information charging him with conspiracy and possession of cocaine with intent to distribute. In entering the guilty plea, Todd admitted that on Oct. 8, 2017, he drove a vehicle containing 4.06 kilograms of cocaine hidden in a compartment in the vehicle into the U.S. Border Patrol Checkpoint on I-25 north of Las Cruces. Todd admitted that he previously agreed with other individuals to drive the cocaine from El Paso, Texas to Albuquerque, N.M., for further distribution.
At sentencing, Todd faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
Co-defendant Gonzales has waived the right to a preliminary hearing and a grand jury presentment, and has been ordered detained pending trial.
This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol. Assistant U.S. Attorney John Balla of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Tahlequah Man Sentenced to 293 Months for Sexual Exploitation of Children, Possession of Material Involving Sexual Exploitation of MinorsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Billy Hershell Smith II, age 48, of Tahlequah, Oklahoma, was sentenced to 293 months imprisonment, and 10 years of supervised release for Sexual Exploitation Of Children, in violation of Title 18, United States Code, Section 2251(a); and for Possession Of Certain Material Involving The Sexual Exploitation Of Minors, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2).
The Indictment alleged that, from between a date uncertain in 2014 to on or about August 15, 2016, in the Eastern District of Oklahoma and elsewhere, the defendant, Billy Hershell Smith II, employed, used, persuaded, induced, enticed, and coerced V.C., a person under the age of eighteen years, to engage in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), for the purpose of producing any visual depiction of such conduct, and the defendant, Billy Hershell Smith II knew and had reason to know such visual depiction would be transported in interstate commerce, and any such visual depiction was produced using materials that have been mailed, shipped, and transported in interstate and foreign commerce, and any such visual depiction had actually been transported in interstate commerce.
The Indictment further alleged that from on or about July 23, 2015, to on or about August 15, 2016, in the Eastern District of Oklahoma and elsewhere, the defendant, Billy Hershell Smith II, did knowingly possess, attempt to possess and access with intent to view matters which contained visual depictions, as that term is defined in Title 18, United States Code, Section 2256(5), the production of said visual depictions involved the use of minors engaging in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), and said visual depictions were of such sexually explicit conduct and had been transported in interstate commerce by computer.
The charges arose from an investigation by the Federal Bureau of Investigation.
United States Attorney Brian J. Kuester said, “Today’s sentencing of Billy Hershell Smith not only delivers justice for his victim, but puts an end to his opportunity to exploit children. I also hope that this nearly 25 year sentence will serve as a deterrent and a warning to those in our communities that prey upon children, that their conduct will not be tolerated. I commend the FBI Agents who investigated Smith for their professional and thorough investigation and their ongoing commitment to investigating those that produce, possess, or view child pornography. This agency is committed to prosecuting them.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Edward Snow represented the United States.
Sentencings for December 28, 2017 - January 4, 2018Read the Press Release
Paul Dwayne Jones, 54, of Casper, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on January 4, 2018, for aiding and abetting the possession with intent to distribute methamphetamine. Jones was arrested in Casper, Wyoming. He received 120 months of imprisonment, to be followed by ten years of supervised release, and was ordered to pay a $100.00 special assessment and $900.00 in restitution. This case was investigated by the Casper Police Department, the Wyoming Highway Patrol and the Wyoming Division of Criminal Investigation.
James Eugene Watkins, 52, of Osage, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on January 3, 2018, for counterfeiting and forging obligations or securities of the United States and aiding and abetting. Watkins was arrested in Weston County, Wyoming. He received 18 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment and $210.00 in restitution. This case was investigated by the U.S. Secret Service.
Stephanie Joy Nicole Dodson, 45, of Everett, Pennsylvania, was sentenced by Federal District Court Judge Alan B. Johnson on January 2, 2018, on two counts of timber set afire. Dodson was arrested in Pennsylvania. She received 53 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $200.00 special assessment and $105,712.68 in restitution. This case was investigated by the U.S. Forest Service.
Juan Herrera-Diaz, 30, of Tuxpan, Nayarit, Mexico, was sentenced by Federal District Court Judge Alan B. Johnson on December 28, 2017, for illegal re-entry of a previously deported alien into the United States. Herrera-Diaz was arrested in Albany County, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Schererville Man Sentenced to 70 Months ImprisonmentRead the Press Release
HAMMOND - United States Attorney Thomas L. Kirsch II announced that Aleksandar Jokic, 43, of Schererville, Indiana was sentenced before District Court Judge Joseph S. Van Bokkelen for one count of soliciting the transportation of a person across state lines for prostitution.
Jokic was sentenced to a 70 month imprisonment term and 5 years of supervised release. The Court also imposed a $5,000 fine.
According to documents in this case, between June and October 2015, Jokic solicited a pimp to transport a 16-year-old female from Chicago, Illinois, to his home in Schererville, Indiana for the purpose of engaging in commercial sex acts with the minor female. During this time period, Jokic also solicited and received commercial sex acts at his residence on separate occasions from two other minor females, aged 15 and 16 years old.
This case was investigated by the Federal Bureau of Investigations (FBI) and United States Homeland Security Investigations (HSI) and was handled by Assistant U.S. Attorney Abizer Zanzi.
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Round Rock Man Charged in Kidnapping of Two SistersRead the Press Release
In Austin today, a federal complaint was unsealed charging Terrance “Terry” Allen Miles in the kidnapping of two minors, announced United States Attorney John F. Bash, and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
Yesterday, authorities in Colorado took 44–year-old Miles into custody without incident during a traffic stop. The two minors, ages 7 and 14, were found safe in the vehicle Miles was driving.
According to the complaint, on or about December 30, 2017, the Round Rock, Texas Police Department (RRTPD) received a call for a welfare check on Tonya Ellen Bates because she did not show up for work on December 30, 2017, as expected.
According to court documents, upon conducting the welfare check at Bates’ residence, RRTPD located Bates’ deceased body. Bates appeared to have suffered from blunt force trauma. Bates was the only individual at the residence at the time of the welfare check and Bates’ 2017 Hyundai Accent was missing. Investigation revealed Bates had two minor daughters and a roommate named Terry Allen Miles who lived with Bates.
On or about December 30, 2017, at approximately 1:00 a.m., Miles’ mother received a text message from a phone that belonged to one of the daughters. RRTPD officers obtained cell phone information on the children’s two phones. One of the phones was located in a heavily wooded area adjacent to a Wal-Mart store located in Round Rock, Texas. Surveillance from the Wal-Mart store showed what appeared to be Miles purchasing numerous camping-related items and then leaving the Wal-Mart in a vehicle appearing to match Bates’ vehicle.
Authorities determined Bates’ missing Hyundai was in northern New Mexico near the Colorado state line. Las Animas County Sheriff’s deputies arrested Miles near La Veta, Colorado, on the evening of January 3.
Miles is scheduled for an initial appearance today at 3:00 p.m. (CST) in Federal District Court in Denver, Colorado.
This investigation is being conducted by the Federal Bureau of Investigation, United States Marshals Service – Lone Star Fugitive Task Force, and Round Rock, Texas Police Department. Assistance also provided by the Texas Rangers; Central Texas Violent Crimes Task Force; Williamson County, Texas District Attorney’s Office; United States Attorney’s Office – Colorado; New Mexico State Police Department; Las Animas County, Colorado Sheriff’s Office; Southern Colorado Safe Streets Task Force; Colorado State Patrol; Trinidad, Colorado Police Department; Colorado Bureau of Investigations; Huerfano County, Colorado Sheriff’s Office; Archuletta County, Colorado Sheriff’s Office; Pagosa Springs, Colorado Police Department; Rio Grande County, Colorado Sheriff’s Office; Federal Bureau of Investigation in Colorado; Durango, Colorado Police Department; La Plata County, Colorado Sheriff’s Office; Child Protective Services in Texas and Colorado; and the National Center for Missing and Exploited Children.
A criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
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